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Resolution 2009 - 5
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Resolution 2009 - 5
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9/15/2009 11:12:55 AM
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9/15/2009 11:12:54 AM
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RESOLUTIONS
RESOLUTIONS - DESCRIPTION
Designating Metropolitan Development-Kingsland Walk Group as the Preferred Developer
DATEADOPTED
4/6/2009
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<br /> <br /> <br /> <br /> <br /> <br /> (b) No Waiver. Failure of any party hereto to enforce its rights hereunder at any time <br /> shall not be deemed a waiver of any such rights. <br /> (c) Representations and Warranties. The Company and the City each represent and <br /> warrant that (i) this Agreement has been duly executed by them or on their behalf, as the case <br /> may be, pursuant to due authorization, and is not in violation of any such party's governing <br /> documents, charter or ordinances, as the case may be, (ii) no consents are necessary for the <br /> execution, delivery, and performance of this Agreement by such party, and (iii) this Agreement <br /> is valid, binding and enforceable against such party in accordance with its terms. <br /> <br /> (d) Assignment. This Agreement may not be assigned by either party without the <br /> written consent of the other. <br /> 12. Limitation of Liability. Notwithstanding any provision hereof to the contrary, the <br /> City and its officials, agents, employees and representatives shall not be liable to the Company <br /> for damages or otherwise if this Agreement, the redevelopment plan or the redevelopment <br /> agreement is declared invalid or unconstitutional in whole or in part by the final (as to which all <br /> rights of appeal have expired or have been exhausted) judgment of any court of competent <br /> jurisdiction, and by reason thereof either the City is prevent from performing any of the <br /> covenants and agreements herein or the Company is prevented from enjoying the rights and <br /> privileges contemplated hereunder. <br /> <br /> <br /> [Remainder of Page Intentionally Left Blank.] <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> -4- <br />
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