City Discretion. The parties acknowledge that this Agreement is entered into in lieu of City requiring a performance and payment bond by the Redeveloper on the Project. City's decision as to whether a category of improvement has been completed satisfactorily shall be final up to completion of all Redeveloper Improvements. Dated: , 201 . REDEVELOPER: Xxxx Xxxx, Manager CITY OF LINCOLN, NEBRASKA, a municipal corporation By: Title: Return the original to: City Attorney’s Office 000 Xxxxx 00xx Xxxxxx Xxxxxxx, XX 00000 THIS MEMORANDUM OF STONE ELEPHANT REDEVELOPMENT PROJECT REDEVELOPMENT AGREEMENT & USE RESTRICTIONS (“Memorandum”) is made and entered into as of the date of execution hereof by the last signatory hereto as indicated below (“Effective Date”) by and between the CITY OF LINCOLN, NEBRASKA, a municipal corporation in the State of Nebraska and its successors and assigns (“City”) and STONE ELEPHANT, LLC, a Nebraska limited liability company (hereinafter referred to as “Redeveloper”).
City Discretion. The parties acknowledge that this Agreement is entered into in lieu of City requiring a performance and payment bond by the Redeveloper on the Project. City's decision as to whether a category of improvement has been completed satisfactorily shall be final up to completion of all Redeveloper Improvements.
City Discretion. Nothing contained in this Agreement and no decision made or action taken by the City pursuant to this Agreement in any manner limits or restricts the normal exercise of discretion by various municipal departments and officials in the City pursuant to any statute, by-law or regulation, and nothing contained in this Agreement requires any such municipal department or official(s) acting pursuant to such statute, by-law or regulation to give his, her or its approval in respect of any matter, notwithstanding any provision of this Agreement or any consent, approval or other action of the City made pursuant to this Agreement.
City Discretion. The Borrower hereby acknowledges and agrees that nothing contained in this Agreement and no decision made or action taken by the City pursuant to this Agreement shall in any manner limit or restrict the normal exercise of discretion by various municipal departments and officials of the City pursuant to any statute, by-law or regulation, and nothing contained in this Agreement shall in any way require any such municipal department or official(s) acting pursuant to such statute, by-law or regulation to give his, her or its approval in respect of any manner, notwithstanding any provision of this Agreement or any consent, approval or other action of the City made pursuant to this Agreement.
City Discretion. The parties acknowledge that this Agreement is entered into in lieu of City requiring a performance and payment bond by the Redeveloper on the Project. City’s decision as to whether a category of improvement has been completed satisfactorily shall be final up to completion of all work required under the Redevelopment Agreement. Dated: , 2016. REDEVELOPER: a Nebraska limited liability company By: Title: a municipal corporation By: Xxxxx Xxxxxxx, Mayor of Lincoln Return the Original to: City Attorney’s Office Attention: Xxx Xxxx 000 Xxxxx 00xx Xxxxxx Xxxxxxx, XX 00000 This Memorandum of Redevelopment Agreement and Use Restrictions (“Memorandum”) is made as of this day of , 2016 by and between the City of Lincoln, Nebraska, a municipal corporation (“City”), and 48th & Leighton I, LLC, a Nebraska limited liability company (“Redeveloper”).
City Discretion. The parties acknowledge that this Agreement is entered into in lieu of City requiring a performance and payment bond by the Redeveloper on the Project. City's decision as to whether a category of improvement has been completed satisfactorily shall be final up to completion of all Private Improvements. Dated: , 2017. REDEVELOPER: NEBRASKA NOVA, LLC By: CITY OF LINCOLN, NEBRASKA By: Assistant City Attorney 000 Xxxxx 00xx Xxxxxx, Xxxxx 000 Xxxxxxx, XX 00000 THIS MEMORANDUM OF REDEVELOPMENT AGREEMENT & USE RESTRICTIONS (“Memorandum”) is made and entered into as of the date of execution hereof by the last signatory hereto as indicated below (the “Effective Date”) by and between the CITY OF LINCOLN, NEBRASKA, a municipal corporation in the State of Nebraska and its successors and assigns (“City”) and NEBRASKA NOVA, LLC, a Wyoming limited liability company, and its successors and assigns (“Redeveloper”).
City Discretion. Where the City or a representative of the City is required or permitted under this Agreement to form an opinion, exercise a discretion, express satisfaction, make a determination or give its consent:
(a) the relevant provision shall not be considered fulfilled unless the approval, opinion, determination, consent or expression of satisfaction is in writing signed by the City or the representative, as the case may be;
(b) the approval, opinion, determination, consent or satisfaction is in the sole discretion of the City or the representative, as the case may be; and
(c) the City or the representative, as the case may be, is under no public law duty of fairness or natural justice in that regard and the City or the representative may do any of those things in the same manner as if it were a private person and not a public body or employee or officer thereof.
City Discretion. (a) Nothing in this Agreement shall obligate the City to exercise its discretion regarding the Project in any particular manner. Developer acknowledges that execution of this Agreement by the City does not constitute approval by the City of any Planning Approvals or DDA or any required permits, applications, or maps, and in no way limits the discretion of the City in the permit and approval process. Developer acknowledges that approval, conditional approval, or disapproval of the Planning Approvals and DDA following completion of the environmental review process is within the sole and exclusive discretion of the City without limitation by or consideration of the terms of this Agreement; that the City may not make any commitment to any particular development before it completes environmental review; that the City may not commit to planning and zoning approvals by contract; and that the City makes no representation regarding the ability or willingness of the City to approve the Planning Approvals or DDA, nor any representation regarding the imposition of any mitigation measures or other conditions of approval. In addition, the Developer acknowledges that other local, state or federal agencies may require additional entitlements, including environmental review, and that any approval by the City does not bind any other local, state or federal agency.
(b) The Parties recognize that the City has the sole discretion and right to terminate this Agreement without fault or default if City determines not to approve the Planning Approvals or DDA for the Project. Upon termination for this reason, neither Party shall have any further rights or obligations under this Agreement, except that any provisions of this Agreement that are specified to survive termination shall remain in effect and binding upon the Parties.
City Discretion. The City retains discretion to determine whether to release the requested information, consistent with the Public Records Law. Nothing in this Section affects Xxxxxxx's right to seek legal relief to prevent the City’s release of Xxxxxxx’s confidential information.
City Discretion. Wherever in this Agreement the approval or consent of the City is required, some act or thing is to be done to the City’s satisfaction, the City is entitled to form an opinion, or the City is given the sole discretion:
(a) the relevant provision is not deemed to have been fulfilled or waived unless the approval, consent, opinion or expression of satisfaction is in writing signed by the City or its authorized representative;
(b) the approval, consent, opinion or satisfaction is in the sole, absolute and unfettered discretion of the City; and
(c) no public law duty of procedural fairness or principle of natural justice shall have any application to such approval, consent, opinion, satisfaction or discretion.
