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R2013-91 AUTHORIZING EXECUTION OF THE REDEVELOPMENT AGREEMENT PREVIOUSLY RECEIVED AND PLACED ON FILE Southside
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R2013-91 AUTHORIZING EXECUTION OF THE REDEVELOPMENT AGREEMENT PREVIOUSLY RECEIVED AND PLACED ON FILE Southside
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Last modified
7/30/2025 11:58:31 AM
Creation date
8/17/2015 8:59:12 AM
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Resolution/Ordinance
Res Ord Num
R2013-91
Res Ord Title
AUTHORIZING EXECUTION OF THE REDEVELOPMENT AGREEMENT PREVIOUSLY RECEIVED AND PLACED ON FILE - SOUTHSIDE REDEVELOPMENT PROJECT AREA - POLICE FACILITY
Department
Police
Approved Date
9/3/2013
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to assume the performance of any of the tenns, covenants, or conditions on the <br /> part of the Redeveloper to be performed under this Agreement or the Police <br /> Facility Lease; provided that, the purchaser at any sale of the Police Facility, the <br /> Police Facility Site or the Police Facility Lease and of the Leasehold Estate <br /> hereby created in any proceedings for the foreclosure of any Mortgage or <br /> Leasehold Mortgage, or the assignee or transferee of this Agreement or Police <br /> Facility Lease and of the Leasehold Estate hereby created under any instrument <br /> of assignment or transfer in lieu of the foreclosure of any Mortgagee or <br /> Leasehold Mortgage shall be deemed to be an assignee or transferee within the <br /> meaning of this Article 14, and shall be deemed to have agreed to perform all of <br /> the terns, covenants and conditions on the part of the Redeveloper to be <br /> performed hereunder from and after the date of such purchase and assignment, <br /> but only for so long as such purchaser or assignee is the owner of the Police <br /> Facility, the Police Facility Site or the Police Facility Lease or the Leasehold <br /> Estate and the Mortgagee and/or Leasehold Mortgagee shall be released from any <br /> obligations under this Amended Agreement or Lease. <br /> (e) Any Mortgagee or Leasehold Mortgagee or other acquirer of the Police Facility, <br /> the Police Facility Site or the Police Facility Lease pursuant to foreclosure, <br /> assignment in lieu of foreclosure or other proceedings may upon acquiring <br /> Redeveloper's interest in the Police Facility, the Police Facility Site or the Police <br /> Facility Lease, without further consent of City, sell and assign the Police Facility, <br /> the Police Facility Site or the Police Facility Lease on such terms and to such <br /> persons and organizations who are acceptable to such Leasehold Mortgagee or <br /> acquirer and thereafter be relieved of all future obligations under this Agreement <br /> or the Police Facility Lease; provided that such assignee has delivered to City its <br /> written agreement to be bound by all of the provisions of this Agreement <br /> pursuant to the terns and conditions set forth in Section 9.2 of this Agreement <br /> and the Lease. <br /> (f) Notwithstanding any other provisions of this Agreement or the Lease, any sale or <br /> assignment of the Redeveloper's interest in the Police Facility,the Police Facility <br /> Site or the Police Facility Lease and of the Leasehold Estate hereby created in <br /> any proceedings for the foreclosure of any Leasehold Mortgage, or the <br /> assignment or transfer of the Lease and of the Leasehold Mortgage, or the <br /> assignment or transfer of this Agreement or the Lease and other Leasehold Estate <br /> hereby created in lieu of the foreclosure of any Leasehold Mortgage, shall be <br /> deemed to be a permitted sale, transfer or assignment of this Agreement and the <br /> Lease and of the Leasehold Estate hereby created. <br /> 14.9 City's Option to Pay INIortgage Debt or Purchase Property. Prior to Final Completion <br /> of Police Facility and the Street Improvements, and in any case where subsequent to <br /> default or breach by the Redeveloper or successors in interest under this Agreement or <br /> the Police Facility Lease, the holder of any mortgage on the Police Facility, the Police <br /> Facility Site or the Police Facility Lease: <br /> (a) has, but does not exercise, the option to construct or complete the Police Facility <br /> and the Street Improvements covered by its mortgage or to which it has obtained <br /> title, and such failure to exercise said option continues for a period of sixty (60) <br /> 25 <br />
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