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Resolution 2021-07
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Resolution 2021-07
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Last modified
5/7/2024 3:12:27 PM
Creation date
2/25/2021 6:49:02 AM
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City Council Records
Also Known As (aka)
Cooperation Agreement with Revitalization Commission for South St Gateway Public Art
Meeting Date
2/2/2021
Doc Type
Resolution
Ord/Res - Year
2021
Ord/Res - Number
7
Original Hardcopy Storage
9C5
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of funds in the discretion of the City Council, and nothing in this Agreement is intended or shall <br />be deemed or construed as creating any multiple fiscal -year direct or indirect debt or financial <br />obligation of the City. <br />5. Enforced Delay. Neither Party shall be considered in breach of, or in default in, its <br />obligations with respect to this Cooperation Agreement in the event of delay in the performance <br />of such obligations due to causes beyond its control and without its fault, it being the purpose and <br />intent of this provision that if such delay occurs, the time or times for performance by either Party <br />affected by such delay shall be extended for the period of the delay. <br />6. Prior Agreements. Nothing in this Cooperation Agreement is intended or shall be <br />construed to operate as an amendment to the 2015 Cooperation Agreement or to enlarge, diminish <br />or impair any provisions of, or any rights, duties or obligations under, such 2015 Cooperation <br />Agreement, the Tri-Party Agreement, or the Fire District Agreement. <br />7. No Third Party Beneficiaries. Neither the City nor the LRC shall be obligated or <br />liable under the terms of this Cooperation Agreement to any person or entity not a party hereto. <br />8. Severability. In case any one or more of the provisions contained in this <br />Cooperation Agreement or any application thereof, shall be invalid, illegal or unenforceable in any <br />respect, the validity, legality and enforceability of the remaining provisions of this Cooperation <br />Agreement, or any other application thereof, shall not in any way be affected or impaired thereby. <br />9. BindingEffect. ffect. Subject to compliance with Section 11, below, this Cooperation <br />Agreement shall be binding upon and inure to the benefit of the Parties, their successors, legal <br />representatives, and assigns. <br />10. City and Commission Separate. Nothing in this Cooperation Agreement shall be <br />interpreted in any manner as constituting the City or its officials, representatives, consultants, or <br />employees as the agents of the LRC, or the LRC or its officials, representatives, consultants, or <br />employees as the agents of the City. Each entity shall remain a separate legal entity pursuant to <br />applicable law. Neither of the Parties hereto shall be deemed to hereby assume the debts, <br />obligations, or liabilities of the other. The LRC shall be responsible for carrying out its duties and <br />functions in accordance with the Act and other applicable laws and regulations, and nothing herein <br />shall be construed to compel either Party to take any action in violation of law. <br />11. Assi ng ment. This Cooperation Agreement shall not be assigned in whole or in part <br />by either Party without the prior written approval of the other Party. <br />12. Governing Law. This Cooperation Agreement shall be governed by, and construed <br />in accordance with, the laws of the State of Colorado. <br />13. Headings. Section headings in this Cooperation Agreement are for convenience of <br />reference only and shall not constitute a part of this Cooperation Agreement for any other purpose. <br />H <br />•al <br />
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