04-23-18 Regular Meeting of the La Porte City Council

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contract rights, permits, licenses, properties, rights-of-way, easements, sites, and other interests related thereto. in Section 4.04. successors exercising any of its duties and functions related to water conservation and reclamation districts. ARTICLE II REPRESENTATIONS Section 2.01 Representations of the City. The City hereby represents to Developer that: (a) This Agreement has been duly authorized, executed and delivered by the City and, constitutes a legal, valid and binding obligation of the City, enforceable in accordance with its terms. (b) The execution, delivery and performance of this Agreement by the City does not require the consent or approval of any Person which has not been obtained. Section 2.02 Representations of Developer. Developer hereby represents to the City that: (a) It is duly authorized, created and existing under the laws of the State of Texas, is qualified to do business in the State of Texas and is duly qualified to do business wherever necessary to carry on the operations contemplated by this Agreement. (b) It has the power, authority and legal right to enter into and perform its obligations set forth in this Agreement, and the execution, delivery and performance hereof (i) have been duly authorized, will not, to the best of its knowledge, violate any judgment, order, law or regulation applicable to it or any provisions of its articles of incorporation and by-laws, and (ii) do not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon any of its assets under, any agreement or instrument to which it is a party or by which it or its assets may be bound or affected. (c) It has sufficient capital to perform its obligations under this Agreement. (d) This Agreement has been duly authorized, executed and delivered and constitutes a legal, valid and binding obligation of such entity, enforceable in accordance with its terms. 4