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Nwr shall --tThe rights of the Owner hereunder shall not be subject to assignment by attachment, <br />execution, or proceedings under any provision of the Bankruptcy Act, and any such assignment <br />or transfer shall be wholly void and of no force and effect unless such written consent thereto be <br />obtained from the Council. Such transferor assignment shall not relieve Owner of any duty, <br />obligation or liability to City without the consent of the City. <br />During the tern of this Agreement, any approved assignee or transferee of (lie <br />rights under this Agreement shall observe and perform all of the duties and obligations of Owner <br />contained in this Agreement as such duties and obligations pertain to the portion of the Property <br />transferred or assigned. Any and all approved successors and assignees of Owner shall have all <br />of the same rights, benefits, duties, obligations, and liabilities of Owner under this Agreement. If <br />the Property is subdivided, any subdivided parcel may be sold, mortgaged, hypothecated, <br />assigned, or transferred to persons for development by them in accordance with the provisions of <br />this Agreement. Upon assignment or transfer of the rights of Owner: under this Agreement, the <br />obligations of Owner and the transferee or assignee shall be joint and several. <br />4.3.1 Permitted Assignments. The prohibition against transfer of ownership of <br />the Property as defined in section 4.3 above shalt not apply to, and the City hereby consents to, <br />the following: <br />a. Associations, including limited partnerships, limited liability <br />companies, or joint ventures with other entities for the purpose of performing Owner's <br />obligations under this Agreement, provided Owner retains sole operational and managerial <br />control. <br />b. Easements or temporary permits to facilitate development of the <br />Property. <br />C. Deeds of trust or other financing documents executed for the <br />purpose of securing loans to Owner made to finance the development of the Property, and <br />transfers to any person or entity pursuant to a foreclosure or deed in lieu of foreclosure of such <br />deed of trust or other, similar, financing documents and any subsequent transfer by any such <br />person or entity. <br />4.4 Amendment or Cancellation of Agreement. This Agreement may be <br />amended from time to time or cancelled by the mutual consent of the parties, but only in the <br />same manner as its adoption by an ordinance as set forth in Government Code Section 65868. <br />The term "Agreement" or "Development Agreement" as used herein shall include any <br />amendment properly approved 'and executed. <br />4.5 Enforcement. Notwithstanding Government Code Section 65865.4, this <br />Agreement is enforceable by any party to the Agreement in any manner provided by law. The <br />retner#ies- previciefl -ir eetie.. 8.4 of this Agreement shall .,o"islud"nd City shall not be liable <br />for, any action in damages or any costs or attorney's fees resulting from any dispute, controversy, <br />action or inaction, or any legal proceeding arising out of this Agreement exeept as May-be <br />(Sj-ef-th�rt. <br />75A -70 <br />