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Res13 15289
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Res13 15289
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Last modified
10/11/2019 7:50:19 AM
Creation date
10/11/2019 7:49:52 AM
Metadata
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Regular
Agency Type
City Council
Date
7/22/2013
Description
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY APPROVING, AND AUTHORIZING THE CITY � MANAGER TO EXECUTE, A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF REDWOOD CITY AND REDWOOD CITY PARTNERS, LLC FOR 950 MIDDLEFIELD ROAD
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. . . . .. . .. . _. .... . ....I ..._. _,e. _- ,....,a ...v�.�....�,:.....,._. .__ ... _ , � . .��.-.�,�.v.._._._....,.v., <br /> to the Developer or to its successor, or on any obligations under the terms or conditions of this <br /> ' Agreement. <br /> No Developer Party shall be personally liable to the City, or any successor in interest of <br /> the City, in the event of any Default or breach by the Developer under this Agreement or for any <br /> amount that may become due to the City or to its successor, or on any obligations under the <br /> terms or conditions of this Agreement. <br /> 8.11 Calculation of Time Periods. Unless otherwise specified, all references to time <br /> periods in this Agreement measured in days shall be to consecutive calendar days, all references <br /> to time periods in this Agreement measured in months shall be to consecutive calendar months, <br /> and all references to time periods in this Agreement measured in years shall be to consecutive <br /> calendar years. Any reference to business days in this Agreement shall mean and refer to <br /> consecutive business days of the City. <br /> 8.12 Principles of Interpretation. No inference in favor of or against any Party shall <br /> be drawn from the fact that such Party has drafted any part of this Agreement. The Parties have <br /> ! both participated substantially in the negotiation, drafting, and revision of this Agreement, with <br /> advice from legal and other counsel and advisers of their own selection. A word, term or phrase <br /> defined in the singular in this Agreement may be used in the plural, and vice versa, all in <br /> accordance with ordinary principles of English grammar, which shall govem all language in this <br /> Agreement. The words "include" and "including" in this Agreement shall be construed to be <br /> followed by the words: "without limitation." Each collective noun in this Agreement shall be <br /> interpreted as if followed by the words "(or any part of it)," except where the context clearly <br /> requires otherwise. Every reference to any document, including this Agreement, refers to such <br /> document, as modified from time to time (excepting any modification that violates this <br /> Agreement), and includes all exhibits, schedules, addenda and riders to such document. The <br /> word"or" in this Agreement includes the word"and." <br /> 8.13 Governing Law. The Laws of the State shall govern the interpretation and <br /> enforcement of this Agreement, without application of conflicts of laws principles. The Parties <br /> acknowledge and agree that this Agreement is entered into,is to be fully performed in and relates <br /> to real property located in the City. <br /> 8.14 City Attorney Fees and Costs. For the purposes of this Agreement, all <br /> ' references to reasonable attorneys' fees and costs in reference to the City are intended to include <br /> the salaries, benefits and costs of the City Attomey, as City General Counsel, and the lawyers <br /> employed in the Office of the City Attorney who provide legal services regarding the particular <br /> matter, pro-rated to an hourly rate, in addition to any fees and costs of outside counsel to the <br /> City. <br /> 8.15 Unavoidable Delay; Extension of Time of Performance. <br /> 8.15.1 Notice. Performance by either Party under this Agreement shall not be <br /> deemed, or considered to be in Default, where any such Default is due to the occurrence of an <br /> Unavoidable Delay. Without limiting the generality of the foregoing, all time periods under this <br /> Agreement, including without limitation the Schedule of Performance, shall be extended upon <br /> 60 <br /> 2013.118/BLOCK 2 HUNTER STORM <br /> REV:07-26-13 PT <br />
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