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NS-2413
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Last modified
1/3/2012 1:02:11 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2413
Date
12/6/1999
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281 <br /> <br />to this Agreement and are identified as follows: <br /> <br />EXHIBITS. The following documents referred to in the Agreement are attached <br /> <br />Exhibit <br />Designation Description <br /> <br />Property Legal Description <br /> <br />A <br /> <br />Property Graphical Description (Site Plan) <br /> <br />B <br /> <br />Referred to <br />in Section <br /> <br />1.2 <br /> <br />1.2 <br /> <br />4. GENERAL PROVISIONS. <br /> <br /> 4.1 Property Subject to the Agreement. Until released pursuant to the <br />provisions of Section 9.3 below, no property shall be released fi.om this Agreement until <br />Property Owner has fully performed its obligations arising out of the Agreement. <br /> <br /> 4.2 Duration of Agreement. The term of the Agreement shall commence on, <br />and the effective date of the Agreement shall be, the effective date of City Ordinance No. NS- <br />2412 as set forth in Section 1.6 above, and the term shall extend for a period of eight (8) years <br />following the effective date unless the Agreement is earlier terminated, or its term modified of <br />fully executed by both parties; provided, however, that nothing herein is intended nor shall it be <br />interpreted to extend the period of validity of any approval issued in conjunction with the City's <br />Development Project Plan process or building permit, beyond local requirement. <br /> <br /> 4.3 Assignment. Owner shall have the right to transfer or assign the Property, <br />in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or <br />corporation at any time during the term of this Agreement; provided, however, the rights of <br />Owner under this Agreement may not be transferred or assigned unless any transfer or <br />assignment of the rights under this Agreement shall include in writing the assumption of the <br />duties, obligations, and liabilities arising from this Agreement. The rights of the Owner <br />hereunder shall not be subject to assignment by attachment, execution, or proceedings under any <br />provision of the Bankruptcy Act, and any such assignment or transfer shall be wholly void and of <br />no force and effect unless such written consent thereto be obtained from the Council. <br /> <br /> During the term of this Agreement, any approved assignee or transferee of the <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 alt 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. <br /> 4.4 Amendment or Cancellation of Agreement. This Agreement may be <br /> <br />11/12/99 11:44 AM <br /> <br /> <br />
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