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to City and agrees it shall take any and all reasonable and necessary actions, and fully and in good
<br />faith cooperate with City, to cause the annexation of the Property to City. Property Owner and City
<br />agree that in the event City initiates an annexation of the Property, City shall be responsible for the
<br />costs of such annexation. In all other instances where the annexation of the Property is proposed
<br />to City, Property Owner shall be responsible for such costs.
<br />5. Payment of bees. As a condition of receiving domestic water service from City,
<br />Property Owner shall pay to City all then -established applicable development impact fees, water
<br />acquisition fees, and user fees specifically for such domestic water service.
<br />6. Taxes and Assessments. Property Owner hereby consents to the imposition of, and
<br />agrees that Property Owner shall pay, all taxes and assessments imposed and/or levied by City
<br />which may be applicable to the Property at the time the Property is annexed to City.
<br />7. Recordation. By entering into this Agreement, Property Owner and City
<br />acknowledge and agree that, among other things, it is the express intention of the Parties that any
<br />and all successors in interest, assigns, heirs and executors of Property Owner shall have actual and
<br />constructive notice of Property Owner's obligations under, and the benefits and burdens of, this
<br />Agreement. Therefore, this Agreement and any amendments hereof, shall be recorded in the official
<br />records of the county of San Bernardino. Property Owner further agrees that City shall, at the sole
<br />cost of Property Owner, have the right to cause the recordation of this Agreement.
<br />8. Breach/Failure to Annex In the event Property Owner fails to comply with its
<br />obligations under this Agreement or takes any action to protest, challenge, contravene or otherwise
<br />breach any of its obligations or representations under this Agreement, City shall have the right to,
<br />without any liability whatsoever, cease the provision of City utility services to the Property. This
<br />right shall be in addition to any other legal or equitable relief available to City.
<br />9. Not a Partnership. The Parties specifically acknowledge that Property Owner's
<br />development of the Property is a private project, that neither Party is acting as the agent of the other
<br />in any respect hereunder, and that each Party is an independent contracting entity with respect to
<br />the terms, covenants and conditions contained in this Agreement. No partnership, joint -venture or
<br />other association of any kind is formed by this Agreement. The only relationship between City and
<br />Property Owner is that of a governmental entity regulating the development of private property and
<br />the owner of such property.
<br />10. Indemnity and Cost of Litigation.
<br />A. Property Owner agrees to and shall hold City, and its elected and appointed
<br />officials, officers, agents, and employees free and harmless from any and all liability for damage or
<br />claims for damage for personal injury, including death, and claims for property damage which may
<br />arise from the operations, errors, or omissions of Property Owner or those of its contractors,
<br />subcontractors, agents, employees or any other persons acting on Property Owner's behalf which
<br />relate to development of the Property. Property Owner agrees to and shall defend, indemnify and
<br />hold harmless City, its elected officials, officers, agents, employees and representatives from all
<br />actions for damages caused or alleged to have been caused by reason of Property Owner's acts,
<br />errors or omissions in connection with the development of the Property. This hold harmless
<br />agreement applies to all damages and claims for damages suffered or alleged to have been suffered
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