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Agmt 2015 Trust of Sung H Paskewitz
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Agmt 2015 Trust of Sung H Paskewitz
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8/3/2015 4:55:05 PM
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8/3/2015 4:55:04 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/15/2015
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PERM
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Reso 2015-066
(Approved by)
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\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 /> 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 /> 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 /> 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 /> SIGNATURES ON NEXT PAGE <br /> Public Wi-Fi Installation 11 <br /> Loan Agreement <br />
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