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R2013-87 AUTHORIZING EXECUTION OF A REDEVLOPMENT AGREEMENT Southside
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R2013-87 AUTHORIZING EXECUTION OF A REDEVLOPMENT AGREEMENT Southside
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Last modified
8/17/2015 9:15:25 AM
Creation date
8/17/2015 9:15:20 AM
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Resolution/Ordinance
Res Ord Num
R2013-87
Res Ord Title
AUTHORIZING EXECUTION OF A REDEVELOPMENT AGREEMENT - SOUTHSIDE REDEVELOPMENT PROJECT AREA - POLICE FACILITY
Department
Police
Approved Date
8/19/2013
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Construction of the Police Facility and the Street Improvements and the issuance <br /> of a certificate of occupancy for the Police Facility, make or create, or suffer to <br /> be made or created, any total or partial sale, assignment, conveyance, or lease, or <br /> any trust or power,or transfer in any other mode or form of or with respect to the <br /> Agreement, the Police Facility, the Police Facility Site or the Police Facility <br /> Lease or any part thereof or any interest therein, or any contract agreement to do <br /> any of the same, except for utility, support, ingress and egress and similar <br /> easements,without the prior written approval of the City. <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 /> pursuant to this Section 9.1,that: <br /> (a) Any proposed transferee shall have the qualifications and financial <br /> responsibility and capacity, as reasonably determined by the City, <br /> necessary and adequate to fulfill the obligations undertaken in this <br /> Agreement by the Redeveloper; <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. Provided, that the fact <br /> that any transferee of, or any other successor in interest whatsoever to, <br /> the Police Facility, Police Facility Site or the Police Facility Lease, or <br /> any part thereof, shall not have assumed such obligations or so agreed, <br /> shall not(unless and only to the extent otherwise specifically provided in <br /> the Agreement or agreed to in writing by the City)relieve or except such <br /> transferee or successor of or from such obligations, agreements, <br /> conditions, or restrictions, or deprive or limit the City of or with respect <br /> to any rights or remedies or controls with respect to the Police Facility <br /> the Police Facility Site or the Police Facility Lease or the construction <br /> thereof; it being the intent of this, together with other provisions of this <br /> Agreement, that (to the fullest extent permitted by law and equity and <br /> excepting only in the manner and to the extent specifically provided <br /> otherwise in this Agreement) no transfer of the Police Facility the Police <br /> Facility Site or the Police Facility Lease or any part thereof, or any <br /> interest therein, however consummated or occurring, and whether <br /> voluntary or involuntary, shall operate legally or practically, to deprive <br /> or limit the City of any rights or remedies or controls regarding the <br /> Police Facility the Police Facility Site or the Police Facility Lease and <br /> the 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 /> 14 <br />
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