2022-019 - Approve an Escrow Agreement with Enns Ventures relating to Development associated with the City's 5 in 5 Housing Infill Development Program

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Escrow Agreement. This Escrow Agreement is not intended to create nor does it create, a relationship of partners or joint ventures between the parties hereto. k. Severability. The invalidity or unenforceability of any provision of this Escrow Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Escrow Agreement shall be construed and enforced as if the agreement did not contain that particular provision to the extent of its invalidity or unenforceability. 1. Force Majeure. The City shall not be liable to the undersigned for any loss or damage arising out of any acts of God, strikes, equipment, or transmission failure, war, terrorism, or any other act or circumstance beyond the reasonable control of City. in. Compliance with Laws. The parties hereto shall abide by all Federal, State and local laws, statutes, ordinances, rules, and regulations now in effect or hereinafter adopted pertaining to the subject matter hereof. n. Non -Discrimination. The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered part of this Escrow Agreement as if fully set forth herein. o. Execution. This Escrow Agreement may be executed simultaneously in two or more counterparts that, when taken together, shall be deemed an original and constitute one and the same document. The signature of any party to the counterpart shall be deemed a signature to the Agreement, and may be appended to, any other counterpart, facsimile and email transmissions of executed signature pages shall be deemed as originals and sufficient to bind the executing party. (Remainder of page left intentionally blank.)