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w ith the Developer I* n. the def ensle of any such claim wh ich, may <br />be asserted <br />Secti" on 2 9 2 'By the The City makes the followini- <br />representations and undertakings, <br />,(a) T'he City, 'is, authorized by law to enter into this <br />Agreement and to carry out, its, obligations hereunder. <br />it I <br />In, the event the Developer has met its obligation <br />4 <br />contained, in this Agreement, the City shall be obligated to <br />'I <br />acquire, the Roadway Property,, <br />(1c) The City, has previously approved, pursuant to final City <br />Counicilil. action, the fInal, Plat and has duly caused the <br />execution of the Plat by "its appropriate representatives, <br />ARTICLE III <br />Section 3. 1 Sale by DeveloDgr. Subject to all the terms, <br />covenants and conditions of this Agreement, the Developer agrees <br />to transfer and, dedicate to the City pursuant to the Plat,, and the <br />City agrees to accept from Developer, on the terms and conditions <br />heredinaftler set forth, the, Roadway Property,. <br />Sect, ion 3 oi 2, Reimbursement& The C ity shall pay to the <br />11 a <br />Developer f or the acquisi, t ion of the Roadway Property the amount <br />of Two Hundred Ninety-Four Thousand S ix Hundred Forty-E ight and <br />1 <br />231/100 ($294,648.23) which shall be paid in cash or by check <br />representing good funds at closing (the "Purchase Price") . <br />