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<br />10.6 Merger and Modifications. This Contract, including the exhibits that are <br />attached hereto and incorporated herein for all purposes, embodies the entire <br />agreement between the parties relative to the subject matter thereof. This Contract <br />shall be subject to change or modification only with the mutual written consent of the <br />parties. <br /> <br />10.7 Benefits of Contract. This Contract is for the benefit of the City and Developer <br />and shaII not be construed to confer any benefit on any other person except as <br />expressly provided for herein. <br /> <br />10.8 Attorney's Fees. In the event of any litigation between the parties with respect <br />to this Agreement, the prevailing party shall be entitled to recover its reasonable <br />attorney's fees and court costs from the losing party. <br /> <br />10.9 Government Immunity Preserved. The Developer and the City agree that the <br />City does not, by entering in to this Contract or performing any act hereunder or by <br />failing to take any action hereunder, waive any governmental immunity that the City, its <br />officers, employees, or representatives, have under any law. <br /> <br />10.10 One-Party Breach. Any breach of this agreement by one party identified and <br />referred to herein as Developer shall not be or constitute a breach of this agreement by <br />the other party of Developer. <br /> <br />10.11 Covenant Running With the Land. The obligations imposed on Developers <br />herein shall not impose personal liability on them, but shall constitute a covenant <br />running with the land, and as such shall be binding on the resent owners of the Tract <br />as well as subsequent owners thereof. <br /> <br />DEVELOPER: <br />65 La Porte, Ltd. <br /> <br /> <br />By: <br />Ron B oms, City Manager <br /> <br />Date: 1- \ lot l \)<0 <br /> <br /> <br />Date: / /-2 / / D 3 <br /> <br />, , <br /> <br />ATTEST: <br /> <br />~/- <br />. ./A. /..(' i/,'") <br />. .; Ah ,/-" .' <br />I"-/:~ ,'.11 .'>' <br />lJJtII/j,O I ./ <br />Martha Gillett, City Secretary <br /> <br />Developer's Agreement (Final) 011708 <br /> <br />Page 8 of 9 <br />