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Resolution 2021-09
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Resolution 2021-09
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Last modified
5/7/2024 3:12:27 PM
Creation date
3/3/2021 1:22:56 PM
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City Council Records
Also Known As (aka)
Cooperation Agreement with Revitalization Commission for Small Business Preservation Grant Program
Meeting Date
2/16/2020
Doc Type
Resolution
Ord/Res - Year
2020
Ord/Res - Number
9
Original Hardcopy Storage
9C5
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3. Continuing Cooperation; Additional Agreements. The Parties shall cooperate to <br />carry out and complete the Program as approved by the City Council. The Parties agree to <br />cooperate and give timely consideration to any additional agreements or amendments to this <br />Cooperation Agreement that may be necessary or convenient in connection with such activities <br />and undertakings; provided, however, nothing in this Cooperation Agreement shall preclude` or <br />require the commitment of additional revenue, financing, or services by either Party beyond those <br />provided for herein in connection with such activities and undertakings. <br />4. Oblii;ations Subject to Act, Charter, and Constitution. The covenants, duties and <br />actions required of the Parties under this Cooperation Agreement shall be subject to and performed <br />in accordance with the provisions and procedures required and permitted by the Charter, the Act, <br />any other applicable provision of law, and the Colorado Constitution. Without limiting the <br />foregoing, all financial obligations of the City are subject to annual budgeting and appropriation <br />of funds in the discretion of the City Council, and nothing in this Cooperation Agreement is <br />intended or shall be deemed or construed as creating any multiple fiscal -year direct or indirect debt <br />or financial 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 any prior agreement between the Parties, or to enlarge, <br />diminish or impair any provisions of, or any rights, duties or obligations thereunder. <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. Binding Effect. 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 />3 <br />
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