Laserfiche WebLink
III. <br /> <br />work in good faith with the City to make the space pwvided functional for use by <br />the City as a police substation;with the scope of Developer's commitment to <br />consist of: <br /> <br />A space of up to one thousand five hundred (1,500) square feet to be <br />provided for the police substation which shall be accessible to the mall and <br />to the parking lot with separate entrances/exits. <br /> <br />Two (2) designated police parking stalls near the parking lot entmnc~/exit <br />of the police substation space. <br /> <br /> In addition, upon request from the Developer, the City agrees to'provide at <br />its expense a substation for electric power to service the Project in a size and with <br />a capacity sufficient for the intended development of the Project and otherwise <br />acceptable to the Developer in its reasonable discretion. Pursuant to such, the <br />Developer agrees that it shall purchase all elecuic power from the city. <br /> <br />Easements and Rights-of-Way. To the extent reasonably necessary, the City may <br />be required to use (subject to applicable legal constraints) its powers of eminent <br />domain or taking to acquire such fights-of-way and easements as may be required <br />or desirable in the City's reasonable discretion. <br /> <br />MISCELLANEOUS PROVISIONS <br /> <br />Governing Law'. This MOU and the legal relationship between the City, County <br />and Developer pursuant to this MOU shall be governed by and construed and <br />enforced in accordance with the laws of the State of North Carolina. <br /> <br />Expenses. Whether or not the transactions contemplated by this MOU shall be <br />consummated, all fees and expenses incurred by any party hereto in connection <br />with entering into this MOU and the negotiations of the BA shall be borne'by <br />such party, unless otherwise agreed to pursuant to the BA. <br /> <br />Counterparts. This MOU may be executed in counterparts, each of which when so <br />executed shall be deemed an original, and all of which, together, shall constitute <br />one and same instrument. <br /> <br />Assignment. Developer shall not have the right, power or authority to assign this <br />MOU or any portion of this MOU or to delegate any duties or obligations arising <br />under this MOU, voluntarily, involuntarily, by operation of law or otherwise, <br />without the City's and County's consent. Notwithstanding the foregoing, <br />Developer shall have the ability to assign this MOU and the benefits under this <br />MOU to any Affiliate, or to any lender providing financing for the development of <br /> <br /> <br />