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complete such performance by such deadline due to Acts of God or other circumstances <br />constituting force majeure or bcyond thc reasonable control of Developer. <br />8.9 Approvals. Whenever approval or acceptance of a matter is required or requested of <br />the City pursuant to any provisions of this Agreement, the City shall act reasonably in <br />responding to such matter, and approvals shall not be unreasonably withheld, conditioned or <br />delayed. <br />8.10 Previous Agreements. All previous written and recorded agreements between the <br />panics or their predecessors, including, but not limited to, any Annexation 'Agreement or <br />Subdivision Agreement, shall remain in full force and effect and shall control this Development. <br />If any prior agreements conflict with this Agreement, then this Agreement controls. <br />8.11 Title and Authority. Developer warrants to the City that it is the record owner of the <br />property within the Development or is acting in accordance with thc currently valid and <br />unrevoked power of attorney of the record owner hereto attached. The undersigned further <br />warrant to have full power and authority to enter into this Agreement. <br />8.12 Severability. This Agreement is to be governed and construed according to the laws <br />of the State of Colorado. In thc event that any provision of thc Agreement is held to be violative <br />of thc city, state, or federal laws and hereby rendered unenforceable, the City, in its sole <br />discretion, may determine whether thc remaining provisions will or will not remain in force. <br />8.13. Shared Parking. If parking shortages are demonstrated at the Development, the <br />Developer or its successor lot owner(s) and tcnant(s) shall develop a shared parking agreement <br />with a neighboring property. <br />IN WITNESS WHEREOF, thc parties have executed this Agreement as of the date first set forth <br />above. <br />CITY OF OUISVILLE <br />Attest: <br />By: <br />Mayor <br />Carol Hanson <br />Acting City Clerk <br />