CCP 01-21-1997 - Laserfiche WebLink

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------ ,''' I,ft I ARTICLE 10 I Develo[1er's Acknowled!!ments, Renresentations. and \Varrants .. Section 10.1, Acknowledgments. The Developer acknowledges that the City, in order to obtain funds for part of the City's activities in connection with the Project, has applied for a Grant to the I Commissioner under the MIF Program. Community Development Division, and that the City will be entering into the Grant Agreement with the Commissioner setting forth the terms, conditions, and requirements as to the Grant. I The Developer further acknowledges that the Developer has made certain representations and statements as to those activities of the Project to be carried out and completed by the Developer I which were contained in and made part of the application for the Grant and that the Developer is desi!!nated and identified under the Grant Agreement. - ~ A copy of the Grant Agreement shall be on file in the office of the Director of Facilities, for the I Developer and the City Administrators for the City. In the event any provision of this Agreement relating to the Developer's obligations hereunder shall be inconsistent with the I provisions of the Grant Agreement relating to the Developer's activities thereunder, the provisions of the Grant Agreement shall prevaiL The Developer acknowledges that nothing contained in the Grant Agreement or this Agreement, I nor any act of the Commissioner or the City shall be deemed or constructed to create any relationship or third-party beneficiary, principal and agent, limited or general partnership, or joint .. venture, or of any association or relationship involving the Commissioner. Section 10.2, Representations and \Varranties. Developer warrants and represents, in I connection with the Grant and for the benefit of the Commissioner and the City, that: (1) The representations, statements, and other matters provided by the Developer relating to I those activities of the Project to be completed by the Developer, which were contained in the application for the Grant, were true and complete in all material respects as of the date I of submission to the City and that such representations, statements, and other matters are true as of the date of this Agreement. (2) To the best of the Developer's knowledge, no member, officer, or employee of the City it I its designees or agents, no consultant, member of the governing body of the City, and no other public official of the City, who exercises or has exercised any functions or I responsibilities with respect to the Project during his or her tenure shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project or in any activity, or benefit therefrom, which is I part of this Project. 14 I .. I