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No. 2246 approving a form of dev agreement with JF+A Properties,LTD/CII&P, County Mayo/SB LLC and related matters
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No. 2246 approving a form of dev agreement with JF+A Properties,LTD/CII&P, County Mayo/SB LLC and related matters
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10/18/2012 1:30:59 PM
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• <br />• <br />warrants full authority and power from the purported principal to fully bind the principal to all <br />terms and conditions contained herein. <br />5. EFFECT OF AGREEMENT. It is understood that the SBRA intends to convey <br />certain portions of the Site to the Commission after recording the Easement Amendment With <br />License and the Development Agreement and that the Commission further intends to dispose of <br />portions of the Site to provide for its development. This Agreement shall bind and benefit the <br />parties' heirs, legal representatives, successors and assigns. Subsequent to the successful <br />recording of the Easement Amendment With License and Development Agreement, any rights <br />granted hereunder are divisible and assignable in whole or part and any obligations incurred <br />hereunder shall follow the underlying property. Subsequent to the successful recording of the <br />Easement Amendment With License and Development Agreement and their incorporation into <br />the applicable chain(s) of title prior to the SBRA's transfer, sale, assignment or other divestment <br />of its interest and title to any portion of the Site, any violation of the rights or obligations set <br />forth in this Agreement or the Easement Amendment With License or the Development <br />Agreement regarding one parcel of the Site shall not effect the rights or obligations of the parties <br />with respect with respect to another parcel of the Site. This Agreement's terms shall be <br />independent of, and unless otherwise expressly stated, survive execution of any further <br />agreements. If any provision of this Agreement is deemed void, invalid, or unenforceable by a <br />court or tribunal of competent jurisdiction, such provisions shall be stricken without effect on the <br />remaining provisions. No failure or delay in exercising any right, power, or privilege hereunder <br />shall operate as a waiver thereof or preclude the exercise of any other right, power, or privilege <br />hereunder. This Agreement shall be construed and interpreted according to the laws of the State <br />of Indiana. <br />(the remainder of the page is intentionally left blank) <br />Page 4 of 6 <br />
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