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2025 03-18 CC Packet
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2025 03-18 CC Packet
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Administration
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ADM 00500
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CITY COUNCIL PACKETS
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PERMANENT
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17 <br /> <br /> Section 14.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the <br />City is intended to be exclusive of any other available remedy or remedies, but each and every <br />such remedy shall be cumulative and shall be in addition to every other remedy given under this <br />Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to <br />exercise any right or power accruing upon any default shall impair any such right or power or shall <br />be construed to be a waiver thereof, but any such right or power may be exercised from time to <br />time and as often as may be deemed expedient. <br /> <br /> Section 14.4. No Additional Waiver Implied by One Waiver. In the event any agreement <br />should be breached by Developer and thereafter waived by the City, such waiver shall be limited <br />to the particular breach so waived and shall not be deemed to waive any other concurrent, previous <br />or subsequent breach hereunder. <br /> <br />ARTICLE XV <br /> <br />Additional Provisions <br /> <br /> Section 15.1. Incorporation by Reference. All City approved plans, special provisions, <br />proposals, specifications and contracts for the improvements furnished and let pursuant to this <br />Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out <br />herein. <br /> <br /> Section 15.2. Notices and Demands. Except as otherwise expressly provided in this <br />Agreement, a notice, demand or other communication under the Agreement by either party to the <br />other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, <br />postage prepaid, return receipt requested, or delivered personally to the addresses hereinbefore set <br />forth on Page 1, or at such other address with respect to either such Party as that Party may, from <br />time to time, designate in writing and forward to the other as provided in this Section. <br /> <br /> Section 15.3. Titles of Articles and Sections. Any titles of the several parts, Articles and <br />Sections of this Agreement are inserted for convenience of reference only and shall be disregarded <br />in construing or interpreting any of its provisions. <br /> <br /> Section 15.4. Validity. If any portion, section, subsection, sentence, clause, paragraph or <br />phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, <br />such decision shall not affect or void any of the other provisions of this Agreement. <br /> <br /> Section 15.5. Clerical Revisions. In the event that any technical or clerical revisions are <br />needed in this document or if for any reason the County Recorder deems this Agreement un- <br />recordable, the Developer shall cooperate with the City in the execution or amendment of any revised <br />development agreement. <br /> <br /> Section 15.6. Binding Effect. The terms and provisions hereof shall be binding upon and <br />inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall <br />be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants
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