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8I Consent 2015 0316
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8I Consent 2015 0316
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4/14/2015 12:25:52 PM
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3/11/2015 5:16:05 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
3/16/2015
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_CCAgenda 2015 0316 CS+RG
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\City Clerk\City Council\Agenda Packets\2015\Packet 2015 0316
Reso 2015-066
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Path:
\City Clerk\City Council\Resolutions\2015
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notice to or demand on the Owner in any case shall entitle the Owner to any other or <br />further notice or demand in similar or other circumstances. No amendment to this <br />Agreement shall be effective unless and until such amendment is in writing, properly <br />approved in accordance with applicable procedures, and executed by the Parties. <br /> <br />7.10 ASSIGNMENT. This Agreement shall be binding upon and inure to the <br />benefit of the Parties and their respective successors and assigns. Notwithstanding the <br />foregoing, City’s obligation to make the Loan is personal to Owner, and shall not be <br />assignable by Owner by operation of law or otherwise absent the express written <br />consent of City, and any such assignment by operation of law or otherwise shall be <br />void. <br />7.11 NO THIRD PARTY BENEFICIARIES. There shall be no third party <br />beneficiaries to this Agreement. <br />7.12 ENTIRE AGREEMENT; EXHIBITS. This Agreement, together with the <br />other Loan Documents, constitutes the entire agreement between the Parties with <br />respect to the subject matter hereof and supersedes any and all prior or <br />contemporaneous oral or written agreements and negotiations between the Parties with <br />respect thereto. Exhibits A through C attached hereto are incorporated herein by <br />reference as though fully set forth herein. <br /> 7.14 PUBLIC AGENCY STATUS. Owner recognizes and agrees that City is <br />not a commercial lending institution, but a public agency exercising its authority to <br />protect the public health, safety and welfare. Any duties or obligations which a <br />commercial lending institution may have to Owner shall not apply to this transaction <br />except as set forth herein and in the Loan Documents. <br /> <br />7.15 ACTION BY THE CITY. Except as may be otherwise specifically provided <br />herein, whenever any approval, notice, direction, or consent by the City is required or <br />permitted under this Agreement, such action shall be in writing, and such action may be <br />given, made or taken by the City Manager or by any person who shall have been <br />designated by the City Manager, without further approval by the City governing board. <br /> <br />7.16 NON-LIABILITY OF CITY OFFICIALS, EMPLOYEES AND AGENTS. No <br />member, official, employee or agent of the City shall be personally liable to Owner or <br />any successor in interest to any of the foregoing in the event of any default or breach by <br />the City, or for any amount of money which may become due to Owner or Owner’s <br />successor in interest or for any obligation of City under this Agreement. <br /> <br />SIGNATURES ON NEXT PAGE <br />Public Wi-Fi Installation <br />Loan Agreement <br /> <br />11
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