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RESOLUTION NO. 2000-099 Agreement on behalf of and in the name of the County, with such additional changes, insertions and omissions therein as may be otherwise made and approved by said officers of the County executing the same, such execution to be conclusive evidence of such approval. SECTION 10. APPOINTMENT OF THE AGENT AND CAPITAL RESERVE ACCOUNT AGENT. The County's bond counsel, Bryant, Miller and Olive, P.A., is hereby appointed to serve as "Agent" under the Document Escrow Agreement, and First Union National Bank is hereby appointed to serve as the "Capital Reserve Account Agent" under the Capital Reserve Account Agreement. SECTION 11. APPROVAL OF IMPROVEMENTS. The County recognizes that the "Improvements" set forth in the Memorandum of Understanding and in the Development Agreement are subject to adjustment, expansion and deletion as a result of the preparation of the Design Criteria Package required by the Development Agreement and as a result of the site plan approval process. The County Administrator is expressly authorized and directed to approve, on behalf of the County, any such adjustments, expansions and deletions as a result of the preparation of the Design Criteria Package required by the Development Agreement and as a result of the site plan approval process, without further action by this Commission. SECTION 12. GENERAL AUTHORITY. The Chairman or Vice -Chairman, the County Administrator, the County Attorney, the Clerk and any other proper officials of the County are hereby authorized to do all acts and things required of them by this Resolution or that may otherwise be desirable or consistent with accomplishing the full, punctual and complete performance of all the terms, covenants and agreements contained in any of the foregoing and the County is hereby authorized and directed to execute and deliver any and all papers and instruments and to cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated thereby. In addition, the County Administrator shall be authorized, on behalf of the County, to authorize any substitution of exhibits or other matters held pursuant to the Document Escrow Agreement as may be contemplated therein, without further authorization from this Commission. SECTION 13. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, but not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way effect the validity of the other provisions hereof. SECTION 14. EFFECTIVE DATE. This Resolution shall be effective immediately upon its adoption. September 7, 2000 27 BK II5PG031