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2009-106 Housing - Habitat for Humanity Of Orange County - Development Agreement effective 1-8-2010
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2009-106 Housing - Habitat for Humanity Of Orange County - Development Agreement effective 1-8-2010
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2/8/2010 11:16:43 AM
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2/8/2010 11:16:41 AM
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BOCC
Date
5/5/2009
Meeting Type
Regular Meeting
Document Type
Agreement
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4k
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Agenda - 05-05-2009 - 4k
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\Board of County Commissioners\BOCC Agendas\2000's\2009\Agenda - 05-05-2009
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If any provision of this Agreement or the application thereof to any person or circumstances <br />shall, to any extent, be or become invalid or unenforceable, the remainder of this Agreement, or <br />the application of such provision to persons or circumstances other than those as to which it is <br />held invalid or unenforceable, shall not be affected thereby, and each provision of this <br />Agreement shall be valid and be enforced to the fullest extent permitted by law. The County and <br />Habitat agree to substitute for such provision of this Agreement or the application thereof <br />determined to be invalid or unenforceable, such other provision as most closely approximates, in <br />a lawful manner, such invalid, illegal or unenforceable provision. If the County and Habitat <br />cannot agree, they shall apply to a court of competent jurisdiction to substitute such provision as <br />the court deems reasonable and judicially valid, legal and enforceable. Such provision <br />determined by the court shall automatically be deemed part of this Agreement ab initio. <br />q. Equal Opportunity. Habitat shall not discriminate against any employee or <br />applicant for employment because of race, color, religion, sex, national origin, political <br />affiliation or belief, age, handicap, or familial status in the implementation of the Project. <br />r. Headings. Headings are for convenience only and shall not be used to interpret or <br />construe its provision. <br />s. Gender; Singular and Plural. As used herein, the neuter gender includes the <br />feminine and masculine. The masculine includes the feminine and neuter, and the feminine <br />includes the masculine and neuter and each includes a corporation, partnership or other legal <br />entity when the context so requires. The singular number includes the plural and vice versa, <br />whenever the context so requires. <br />t. Recording. The parties hereto agree that upon notice to the other and at its own <br />cost and expense, a party may record this Agreement in the Office of Register of Deeds for <br />Orange County. <br />u. Compliance with Laws. To the extent applicable, each party hereto agrees to <br />comply with all laws, ordinances and regulations affecting the Property from and after the date <br />hereof. Without limiting the generality of the foregoing, Habitat shall comply with all federal, <br />state and local laws, regulations and ordinances applicable to the expenditure of funds provided <br />by the County, to purchase and develop the Property. <br />v. Publicity; Signage. Habitat agrees to provide such publicity with respect to the <br />County's participation in the development of the Property as the County shall reasonably require. <br />Any Signage at the Property shall acknowledge the County's role and contribution. <br />w. Counterparts. This Agreement may be executed in one or more counterparts, <br />each of which shall be deemed an original but all of which together shall constitute one and the <br />same instrument. <br />x. No Third Party Rights. The parties hereto covenant and agree that nothing <br />contained in this Agreement or any act by the County or Habitat shall be deemed or construed by <br />the parties or any third party to create any relationship of third party beneficiary, including third <br />8 <br />
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