the authority to bind City and Developer. Notwithstanding the foregoing, with the
approval of this Agreement, City Council hereby delegates to the City Manager the
authority to execute any supplemental documents required to effectuate the purposes of
this Agreement.
5.15 Representations and Warranties of Developer. Developer represents and
warrants to City that:
a) Developer is a valid limited liability company duly organized, validly
existing and in good standing under the laws of the State of Florida;
b) Developer is duly qualified to do business and is in good standing under
the laws of the State of New Hampshire;
c) Developer has the full right, power, and authority to enter into this
Agreement and to perform its obligations under this Agreement without contravention of
any obligation on the part of Developer, whether statutory, contractual or otherwise; and
d) Developer will execute, deliver and perform this Agreement in accordance
with all applicable laws and ordinances.
5.16 Representations and Warranties of City. City represents and warrants to
Developer that:
a) City has the full right, power, and authority to enter into this Agreement
and to perform its obligations under this Agreement without contravention of any
obligation on the part of Developer, whether statutory, contractual or otherwise;
b) City will execute, deliver and perform this Agreement in accordance with
all applicable laws and ordinances;
c) To the actual knowledge of City Attorney, the Property is not the subject
of any litigation, pending or overtly threatened, or other judicial or quasi-judicial
procedure which would, if determined unfavorably to the City, settled or otherwise
resolved by the City, result in any financial liability on the part of Developer or interfere
with the development of the Project;
d) To the actual knowledge of the City Attorney, the Property is not the
subject of any procedure for the taking of the Property by eminent domain, in whole or in
part, pending or overtly threatened by the City or any other governmental authority with
the power of eminent domain;
e) To the actual knowledge of the City Attorney, no one has made any claim
to title to the Property, in whole or in part, superior to the claim of the City by virtue of
its chain of title; and
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