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Agenda - Council Work Session - 08/03/1998
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Agenda - Council Work Session - 08/03/1998
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council Work Session
Document Date
08/03/1998
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<br />remedies or controls with respect to the Development Property or the construction of the <br />Minimum Improvements; it being the intent of this Section, together with other provisions <br />of this Agreement, that to the fullest extent penmtted by law and equity, and excepting only <br />in the manner and to the extent specifically provided otherwise in the Agreement, no <br />transfer of, or change with respect to, ownership in the Development Property or any part <br />thereof, or any interest therein, however consummated or occurring, whether voluntary or <br />involuntary, shall operate, legally or practically, to deprive or limit the City of any rights or <br />remedies with respect to the Development Property and the construction of the Minimum <br />Improvements that the City would have had, had there been no such transfer or change. <br /> <br />(ill) There shall be submitted to the City, for review, all instruments and other <br />legal documents involved in effecting transfers described herein, and if approved by the <br />City, its approval shall be indicted to the Developer in writing. <br /> <br />In the absence of specific written agreement by the City to the contrary, no such transfer or <br />approval by the City thereof shall be deemed to relieve the Developer from any of its obligations <br />with respect thereto. <br /> <br />(c) Notwithstanding the limitations set forth in Article VITI, the City approves and <br />consents that the Developer may lease the Development Property provided that the lessee expressly <br />assume all obligations of the Developer under this Agreement in the manner set forth in Section <br />8.2(b)(ii) herein. Absent specific written agreement by the City to the contrary, such action shall <br />not be deemed to relieve the Developer from any of its obligations under this Agreement <br /> <br />Section 8.3 Approvals. Any approval required to be given by the City under Article <br />vm may be denied only in the event that the City reasonably determines that the ability of the <br />Developer to their obligations under this Agreement will be materially impaired by the action for <br />which approval is sought. <br /> <br />Page 18 <br />
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