No. 2241 approving a development agreement with gameday centers Southeastern, LLC and related matters

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Parking Facility so as to add a significant amount of parking spaces to the Parking Facility (which is currently estimated to contain 359 parking spaces), the amount of Additional Spaces used to calculate the Commission Purchase Price under Section 5.4 shall be increased by at least twenty -five (25) spaces for a total of at least one hundred fifty (150) Additional Spaces. SECTION 6.0 [RESERVED]. SECTION 7.0 AMENDMENTS. 7.1 Amendment. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the Parties or their successors in interest, in accordance with this Agreement. SECTION 8.0 COOPERATION- IMPLEMENTATION. 8.1 Upon submission by Developer of all appropriate applications and processing fees for any required approval referenced in this Agreement, Commission shall promptly and diligently commence and complete all steps necessary to comply with its obligation to support or • endorse said approval. 8.2 Commission's obligations under Section 8.1 of this Agreement are conditioned upon Developer's submission, in a timely manner, of all documents, applications, plans, and other information necessary for the Commission to meet the obligations contained herein. It is the express intent of Developer and Commission to cooperate and work diligently and in good faith to obtain the approvals necessary to accomplish the Project. SECTION 9.0 COOPERATION IN THE EVENT OF LEGAL CHALLENGE. 9.1 Cooperation. In the event of any administrative, legal or equitable action or other proceeding instituted by any person not a party to this Agreement challenging the validity of any provision of this Agreement, the Parties shall cooperate in defending such action or proceeding to settlement or final judgment including all appeals. Each Party shall select its own legal counsel and retain such counsel at its own expense, and in no event shall Commission be required to bear the fees and, costs of Developer's attorneys nor shall Developer be required to bear the fees and costs of Commission's attorneys. The Parties agree that this Section 9.1 shall constitute a separate agreement entered into concurrently with this Agreement, and that if any other provision of this Agreement, or the Agreement as a whole, is invalidated, rendered null, or set aside by a court of competent jurisdiction, the Parties agree to be bound by the terms of this section, which shall survive such F.\ DATA\ SHAPE\Legal \Wpdata \SEP\Economic Development \Gameday \Gameday Development Agreement (version 4).doc 10