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R2013-122 RECEIVING AND FILING PROPOSED REDEVELOPMENT AGREEMENT
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R2013-122 RECEIVING AND FILING PROPOSED REDEVELOPMENT AGREEMENT
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8/14/2015 1:18:14 PM
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Resolution/Ordinance
Res Ord Num
R2013-122
Res Ord Title
RECEIVING AND FILING PROPOSED REDEVELOPMENT AGREEMENT - CITY OF DECATUR/HARRISON MANAGEMENT GROUP LLC REDEVELOPMENT AGREEMENT
Approved Date
12/16/2013
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Exhibit 3 <br /> 3. The Declarant covenants that it will pay all real estate taxes with respect to the Project Site or <br /> Project when due;and shall not apply for,seek,or authorize any exemption from the ititposition of <br /> general real estate taxes on said Project Site or Project without fust obtaining the prior written approval of <br /> the City of Decatur. Nothing herein shall be construed so to prevent Declarant from contesting the <br /> assessment or collection of any taxes under statutory procedures set forth in the Illinoi$Compiled <br /> Statutes;provided that the Declarant,its successors and assigns shall give the City of Decatur fifteen(15) <br /> days prior written notice of its intent to contest the assessment or collection of taxes. <br /> GENERAL PROVISIONS <br /> 4. It is intended and agreed that the covenants provided in Sections 1 and 3 of this Declaration <br /> shall remain in effect until the termination of this agreement; and the covenants providod in Sections 2 <br /> shall remain effective without any time limitation;provided,that all such covenants sh4ll be binding on <br /> the Declarant only for such period as the Declarant maintains a direct ownership interest in the Project <br /> Site or Project or part thereof(excluding,for example,an interest therein solely as a creditor or <br /> mortgagee),and only with respect to such direct ownership interest in the Project Site Or Project or part <br /> thereof. The termination of the covenants in Sections 1 and 3 shall be effective upon the happening of the <br /> events described in this Section 4 without any further action by either Declarant or the City and without <br /> the recording of any release or other document. <br /> 5. Subject to Section 4 above,it is intended and agreed that the covenants set forth in Sections 1 <br /> through 3 above shall be covenants running with the land and that they shall in any evont and without <br /> regard to technical classification or designation as legal or otherwise,be binding to the!fullest extent <br /> permitted by law and equity,for the benefit and in favor of and enforceable by the City and with regard to <br /> Section 2 above,the City,the State of Illinois,and the United States of America. <br /> 6. Failure by the City or as the case may be,by the State of Illinois or the Un�ted States of <br /> America to enforce any covenant or restriction herein contained,shall in no event be deemed a waiver of <br /> the right to do so thereafter. <br /> 7. Invalidation of anyone of these covenants or restrictions by judgment or court order,shall in <br /> no way affect any other provisions,which shall remain in full force and effect. <br /> 8 Covenants and restrictions of this Declaration may be amended by the Declarant only by duly <br /> recording an instrument,executed and acknowledged by the City. <br /> Executed at Decatur,Illinois,on the date first above written. <br /> Harrison Management Group LtC <br /> an Illinois Limited Liability Company <br /> By: <br /> Print Name: <br /> Title: <br /> DRAFT-City of Decatur/Harrison Management Group LLC Redevelopment Agreement 29 <br /> I <br />
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