2020-090 -Approving a Disposition and Development Agreement

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10.22.3Waivers Must be in Writing. All waivers of the provisions of this Agreement and all amendments to this Agreement must be in writing and signed by the authorized representative(s) of both the City and the Developer. 10.23 Exhibits. The exhibits attached to this Agreement are described as follows: Exhibit A: Property Legal Description Exhibit B: Performance Schedule Exhibit C: Form of City Deed Exhibit D: Form of Notice of Agreement Exhibit E: Form of Official Action of Developer Exhibit F: Scope of Development/Site Plans Exhibit G. Map of Project Site Exhibit H. Community Workforce Agreement (2017) Exhibit I. Hotel Operating Agreement Exhibit J. Option to Purchase Agreement Exhibit K. Grant of Easements and Reciprocal Access, Parking Operation and Maintenance Agreement 10.24 Execution of this Agreement. Following execution of three (3) counterpart originals of this Agreement and the Developer Official Action by the authorized representative(s) of the Developer and prompt delivery of such executed documents to the City this Agreement shall be subject to review and approval by the City governing body, in its sole and absolute discretion, no later than forty-five (45) calendar days after the date of such delivery to the City. If the City governing body has not approved this Agreement within the time period specified in the immediately preceding sentence, then no provision of this Agreement shall be of any force or effect for any purpose and any prior execution or approval of this Agreement by either Party shall be null and void. 10.25 Time Declared to be of the Essence. As to the performance of any obligation under this Agreement of which time is a component, the performance of such obligation within the time specified is of the essence. 10.26 No Waiver. Failure to insist on any one occasion upon strict compliance with any term, covenant, condition, restriction or agreement contained in this Agreement shall not be deemed a waiver of such term, covenant, or condition, restriction or agreement, nor shall any waiver or relinquishment of any rights or powers under this Agreement at any one time or more times, be deemed a waiver or relinquishment of such right or power at any other time or times. [Signatures on following page] 55 5 53 94.00049\33239203.12