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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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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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that they relate to such part). Provided, that the fact that any <br /> 1 transferee of, or any other successor in interest whatsoever to, the <br /> Project, or any part thereof, shall not have assumed such <br /> obligations or so agreed, shall not (unless and only to the extent <br /> otherwise specifically provided in the Agreement or agreed to in <br /> writing by the City) relieve or except such transferee or successor <br /> of or from such obligations, agreements, conditions, or restrictions, <br /> or deprive or limit the City of or with respect to any rights or <br /> remedies or controls with respect to the Project or the construction <br /> thereof; it being the intent of this, together with other provisions of <br /> this Agreement, that (to the fullest extent permitted by law and <br /> equity and excepting only in the manner and to the extent <br /> specifically provided otherwise in this Agreement) no transfer of <br /> the Project or Project Site or any part thereof, or any interest <br /> therein, however consummated or occurring, and whether <br /> voluntary or involuntary, shall operate legally or practically, to <br /> deprive or limit the City of any rights or remedies or controls <br /> regarding the Project and the construction thereof that the City <br /> would have had,had there been no such transfer. <br /> (c) There shall be submitted to the City for review all instruments and <br /> other 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 <br /> achieve and safeguard the purposes of the Redevelopment Plan and <br /> this Agreement. <br /> (e) The consideration payable for the transfer or assignment by the <br /> i 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 <br /> this provision is to preclude assignment of this Agreement or <br /> transfer of the Project or the Project Site (or any parts thereof) for <br /> pecuniary gain or profit prior to Substantial Completion of the <br /> Project and to provide that in the event any such assignment or <br /> transfer is made (and is not cancelled), the City shall be entitled to <br /> increase the purchase price of the Project Site to the Redeveloper <br /> by the amount that the consideration payable for the assignment or <br /> transfer is in excess of the amount that may be authorized pursuant <br /> j to this Section 10.1.2(e) and such consideration shall, to the extent <br /> it is in excess of the amount so authorized, belong to and forthwith <br /> be paid to the City at the same time as or prior to the transfer. <br /> 10.2 Transfer of Project After Completion of Construction. After Substantial <br /> Completion of construction of the Project as certified by the City (in accordance <br /> I <br /> 14 <br />
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