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R2013-35 RECEIVING AND FILING PROPOSED REDEVELOPMENT AGREEMENT
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R2013-35 RECEIVING AND FILING PROPOSED REDEVELOPMENT AGREEMENT
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8/18/2015 3:31:48 PM
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8/18/2015 3:31:45 PM
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Resolution/Ordinance
Res Ord Num
R2013-35
Res Ord Title
RECEIVING AND FILING PROPOSED REDEVELOPMENT AGREEMENT - CITY OF DECATUR/GRAND AVENUE TIF REDEVELOPMENT AGREEMENT
Department
Public Works
Approved Date
4/15/2013
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i <br /> solely as a creditor or mortgagee), and only with respect to such direct interest in <br /> the Project Site or the Project or part thereof. <br /> 8.5 Covenants Running with the Land. Subject to Section 8.4, it is intended and <br /> agreed that the covenants set forth in Sections 8.1, 8.2, and 8.3 above shall be <br /> covenants running with the land and Sections 8.1 and 8.3 shall in any event be <br /> binding to the fullest extent permitted by law and equity, for the benefit and in <br /> favor of and enforceable by the City, and with regard to Section 8.2 hereof, the <br /> City, the State of Illinois and the United States of America. Provided, however, <br /> this Agreement is not intended to create any obligations for a bona fide purchaser <br /> of a condominium unit beyond the ownership of that unit. <br /> 8.6 Covenants Binding for the Benefit of City. Subject to Section 8.4, it is also <br /> intended and agreed that the foregoing covenants set forth in Sections 8.1, 8.2, <br /> and 8.3 above shall in any event, and without regard to technical classification or <br /> designation as legal or otherwise, be, to the fullest extent permitted by law and <br /> equity, binding for the benefit of the City and enforceable by the City,the State of <br /> Illinois and the United States of America as provided in Sections 8.4 and 8.5. <br /> 8.7 Forms of Covenants and Restrictions. Certain of the covenants, uses and <br /> restrictions referred to in this Article IX shall substantially be in the form of the <br /> Declaration of Covenants, Uses and Restrictions attached hereto and made a part <br /> hereof as Exhibit 4,which shall be executed and recorded with the Macon County <br /> Recorder of Deeds on or before the date that the Redeveloper commences <br /> construction of the. <br /> ARTICLE IX: INDEMNIFICATION <br /> 9.1 Redeveloper Indemnification of the City. So long as the Redeveloper maintains <br /> a direct interest in the Project or Project Site or any part thereof(excluding, for <br /> example, an interest therein solely as a creditor or mortgagee), the Redeveloper <br /> agrees to indemnify and save the City and its officers and employees harmless <br /> against all claims by or on behalf of any person, firm or corporation arising from <br /> (i) the Redeveloper's operation or management of the Project, or from any work <br /> or thing done by the Redeveloper on the Project Site, or any work or activity of <br /> the Redeveloper connected to the construction of the Project; (ii) an breach or <br /> p J O Y <br /> default on the part of the Redeveloper in the performance of any of its obligations <br /> under or in respect of this Agreement; (iii) any act of negligence or willful or <br /> i wanton misconduct of the Redeveloper or any of its agents, contractors, servants <br /> or employees; (iv)any violation by the Redeveloper of any easements, conditions, <br /> restrictions, building regulations, zoning ordinances, environmental regulations or <br /> land use regulations affecting the Project Site or the Project; v any violation of <br /> � g J J ( ) <br /> Applicable Law or (vi) any violation by the Redeveloper of state or federal <br /> securities law in connection with the offer and sale of interests in the <br /> j Redeveloper, its affiliates or any part of the Project. The Redeveloper agrees to <br /> indemnify and save the City harmless from and against all costs and expenses <br /> 11 <br />
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