County’s Role as Lender. Borrower hereby covenants, agrees and acknowledges that the County Board has entered into this Agreement in its role as a lender under this Agreement and not as a governing authority. Accordingly, County Board’s execution of this Agreement shall neither constitute nor be deemed to be governmental approval for any actions or interests contemplated herein, including, without limitation, for the construction and/or repair of the Property or the construction of any improvements. Whenever in this Agreement County Board or County Staff is required to join in, consent, give its approval, or otherwise act under this Agreement, it is understood that such obligations are meant to apply to County Board acting in its capacity as a lender and not in its capacity as a governing authority. Further, Borrower hereby acknowledges that any and all decisions, determinations, consents, notifications or any other actions taken or to be taken by County Board pursuant to this Agreement, whether or not specifically contemplated hereunder, may be taken by the County Staff or their designees, and Borrower shall have no right to question or challenge the propriety, authority or legality of the County Staff, or means, mechanism or process by which any such decision, determination, consent, notification, or other action is taken or to be taken hereunder by County Board; provided such decision, determination, consent, notification, or other action by County Board is taken in accordance with all applicable laws, rules, regulations, ordinances, codes, procedures, processes and orders. Notwithstanding the foregoing, nothing in this Agreement shall be construed to waive any of County Board’s powers, rights or obligations as a governing authority or local governing body, whether or not affecting the Property, including, but not limited to, its police power, right to grant or deny permits, right to collect taxes or other fees, or any other power, right or obligation whatsoever.
County’s Role as Lender. Borrower hereby covenants, agrees and acknowledges that the County Board has entered into this Agreement in its role as lender under this Agreement and not as a governing authority. Whenever in this Agreement the County Board is required to join in, consent, give its approval, or otherwise act under this Agreement, it is understood that such obligations are meant to apply to County Board acting in its capacity as a lender and not in its capacity as a governing authority. Further, Borrower hereby acknowledges that any and all decisions, determinations, consents, notifications or any other actions taken or to be taken by County Board pursuant to this Agreement, whether or not specifically contemplated hereunder, may be taken by the County Manager or her designee, and the County Attorney. Notwithstanding the foregoing, nothing in this Agreement shall be construed to waive any of County Board’s powers, rights or obligations as a governing authority or local governing body, whether or not affecting the Property, including, but not limited to, its police power, right to grant or deny permits, right to collect taxes or other fees, or any other power, right or obligation whatsoever.
