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2020-090 -Approving a Disposition and Development Agreement
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2020-090 -Approving a Disposition and Development Agreement
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Last modified
11/23/2020 8:42:01 AM
Creation date
11/23/2020 8:34:16 AM
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City Clerk
Doc Type
Resolution
Agency
Clerk of the Council
Doc #
2020-090
Date
11/17/2020
Destruction Year
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17. No Third Party Beneficiaries. The performance of the Parties' respective obligations <br />under this Covenant are not intended to benefit any Person other than City and Developer, except <br />as may be expressly provided otherwise in this Covenant. No Person not a signatory to this <br />Covenant shall have any rights or causes of action against any Party to this Covenant as a result <br />of that Party's performance or non-performance under this Covenant, except as otherwise <br />expressly provided in this Covenant. <br />18. Relationship of Parties. The Parties agree and intend that City and Developer are <br />independent contracting entities and do not intend by this Covenant to create any partnership, <br />joint venture, or similar business arrangement, relationship or association between them. <br />19. Survival of Covenant. All of the provisions of this Covenant shall be applicable to any <br />dispute between the Parties arising from this Covenant, whether prior to or following expiration <br />or termination of this Covenant, until any such dispute is finally and completely resolved <br />between the Parties, either by written settlement, entry of a non -appealable judgment or <br />expiration of all applicable limitations periods and all terms and conditions of this Covenant <br />relating to dispute resolution and limitations on damages or remedies shall survive any expiration <br />or termination of this Covenant. <br />20. No Waiver. Failure to insist on any one occasion upon strict compliance with any term, <br />covenant, condition, restriction or agreement contained in this Agreement shall not be deemed a <br />waiver of such term, covenant, or condition, restriction or agreement, nor shall any waiver or <br />relinquishment of any rights or powers under this Agreement at any one time or more times, be <br />deemed a waiver or relinquishment of such right or power at any other time or times. <br />[Signatures on the fallowing page] <br />Page 6 of 7 <br />5 5394.00049\3 3266069.5 <br />
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