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0 g <br />with the Developer in the def ense of any such cia i'm wh ich may <br />be, asserted <br />Section 2.2 DY the The City makes the foll <br />owing <br />representat i"Llons and undertakings. <br />0 <br />(a) The C ity 'is, author ilzed by law • enter into th is <br />Agreement and to carry out its obligati*ons hereunder. <br />a <br />(b) In the event the Developer has met its obligation <br />contained gin this Agreement,, tihe City shall be obligated to <br />0 <br />acquire the Roadway Property. <br />('c) The City, has, previously, iapprovedo, pursuant to final Cit <br />Council action,i the fiffinal, Plat and has '.duly caused th <br />41 <br />execution of the, Plat by its appropriate representatives. <br />ARTICLE III <br />ANFM�O � IWO <br />Sect ion �3 0, 1 Sale bv Devel, AN Sub* ect to all the terms. <br />clovenants, 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, Dievieloperl, on the terms and conditions <br />hereinafter, set forth, the Roadway Property, <br />S I <br />'e,iction 3,,, 2 Re 1.1mbursement The C laty shall pay to the <br />Developer f or the acquisition of the Roadway Property the amount <br />of Two Hundred Ninety-Flour Thousand Six Hundred Forty-Eight and <br />41 <br />23/100 ($294j,648,923) whi,ch shall be paid in cash or by check <br />represienting good, funds at closin,gi (the "Purchase <br />