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8F Consent 2011 1205
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8F Consent 2011 1205
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Last modified
12/14/2011 2:38:19 PM
Creation date
11/29/2011 5:01:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/5/2011
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_CC Agenda 2011 1205
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 1205
3B Public Hearing 2011 1121
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 1121
Ord 2011-013
(Reference)
Path:
\City Clerk\City Council\Ordinances\2011
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9.14. Attorne sue <br />Should any legal action be brought by either Party because of a breach of this <br />Development Agreement or to enforce any provision of this Development Agreement, the <br />prevailing party shall be entitled to reasonable attorneys' fees and such other costs as may be <br />found by the court. <br />9.15. Third Party Beneficiaries <br />Except as otherwise provided herein, City and Developer hereby renounce the existence <br />of any third party beneficiary to this Development Agreement and agree that nothing contained <br />herein shall be construed as giving any other person or entity third party beneficiary status. <br />9.16. Constructive Notice and Acceptance <br />Every person who now or hereafter owns or acquires any right, title or interest in or to <br />any portion of the Property is and shall be conclusively deemed to have consented and agreed to <br />every provision contained herein, whether or not any reference to this Development Agreement <br />is contained in the instrument by which such person acquired an interest in the Property. <br />9.17. Counterparts <br />This Development Agreement may be executed by each Party on a separate signature <br />page, and when the executed signature pages are combined, shall constitute one single <br />instrument. <br />9.18. Authority <br />The persons signing below represent and warrant that they have the authority to bind their <br />respective Party and that all necessary board of directors', shareholders', partners', city <br />councils', redevelopment agencies' or other approvals have been obtained. <br />IN WITNESS WHEREOF, City and Developer have executed this Development <br />Agreement as of the date first set forth above. <br />DEVELOPER: <br />WM. MATHEWS, INC. <br />a California-corporation <br />By: <br />Name: <br />Title: <br />26 <br />
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