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R2014-04 AUTHORIZING CITY OF DECATUR / HARRISON MANAGEMENT GROUP LLC REDEVELOPMENT AGREEMENT
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R2014-04 AUTHORIZING CITY OF DECATUR / HARRISON MANAGEMENT GROUP LLC REDEVELOPMENT AGREEMENT
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2/27/2017 10:51:19 AM
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Resolution/Ordinance
Res Ord Num
R2014-04
Res Ord Title
AUTHORIZING CITY OF DECATUR / HARRISON MANAGEMENT GROUP LLC REDEVELOPMENT AGREEMENT
Approved Date
1/21/2014
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LO ' <br /> M <br /> N <br /> agreements for the residential condominium units being a part of the Project, <br /> m without the prior written approval of the City. <br /> S <br /> 9.1.2 Conditions for Approval. The City shall be entitled to require, except as <br /> otherwise provided in this Agreement, as conditions to any such approval <br /> 117 <br /> pursuant to this Section 9.1,that: <br /> (a) Any proposed transferee shall have the qualifications and financial <br /> 0 responsibility and capacity, as reasonably determined by the City, <br /> 0 necessary and adequate to fulfill the obligations undertaken in this <br /> Agreement by the Redeveloper (or, in the event the transfer is of or <br /> related to part of the Project, such obligations to the extent that they <br /> relate to such part). <br /> (b) Any proposed transferee, by instrument in writing reasonably <br /> satisfactory to the City and in a form recordable among the land records, <br /> shall expressly assume all of the obligations of the Redeveloper under <br /> this Agreement and agree to be subject to all the conditions and <br /> restrictions to which the Redeveloper is subject (or, in the event that the <br /> transfer is of or relates to part of the Project, such obligations, conditions <br /> and restrictions to the extent that they relate to such part). Provided, that <br /> the fact that any transferee of, or any other successor in interest <br /> whatsoever to, the YP <br /> , or any art thereof, shall not have assumed <br /> J <br /> such obligations or so agreed, shall not (unless and only to the extent <br /> otherwise specifically provided in the Agreement or agreed to in writing <br /> by the City) relieve or except such transferee or successor of or from <br /> such obligations, agreements, conditions, or restrictions, or deprive or <br /> limit the City of or with respect to any rights or remedies or controls with <br /> respect to the Project or the construction thereof, it being the intent of <br /> this, together with other provisions of this Agreement, that (to the fullest <br /> extent permitted by law and equity and excepting only in the manner and <br /> to the extent specifically provided otherwise in this Agreement) no <br /> transfer of the Project or Project Site or any part thereof, or any interest <br /> therein, however consummated or occurring, and whether voluntary or <br /> involuntary, shall operate legally or practically, to deprive or limit the <br /> City of any rights or remedies or controls regarding the Project and the <br /> construction thereof that the City would have had, had there been no <br /> such transfer. <br /> (c) There shall be submitted to the City for review all instruments and other <br /> legal documents involved in effecting the transfer. <br /> (d) The Redeveloper and its transferee shall comply with such other <br /> reasonable conditions as the City may find desirable in order to achieve <br /> and safeguard the purposes of this Agreement. <br /> (e) The consideration payable for the transfer or assignment by the <br /> transferee or assignee or on its behalf shall not exceed an amount <br /> representing the actual cost (including carrying charges) to the <br /> Redeveloper of the Project (or allocable part) and the purpose of this <br /> City of Decatur/Harrison Management Group LLC Redevelopment Agreement 14 <br />
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