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R2010-167 RECEIVING AND FILING PROPOSED REDEVELOPMENT AGREEMENT
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R2010-167 RECEIVING AND FILING PROPOSED REDEVELOPMENT AGREEMENT
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10/6/2015 10:29:40 AM
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Resolution/Ordinance
Res Ord Num
R2010-167
Res Ord Title
RECEIVING AND FILING PROPOSED REDEVELOPMENT AGREEMENT
Approved Date
9/20/2010
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: X <br /> days prior written notice of its intent to contest the assessment or collection of real <br /> property taxes; provided, however, that the Redeveloper covenants and agrees that <br /> nothing contained herein shall relieve the Redeveloper from complying with all laws, <br /> rules and regulations of the State of Illinois and any political subdivision thereof <br /> pertaining to the levy and collection of said general rea] estate taxes. This Section 73 <br /> shall be an obligation of the Redeveloper (or assignee of the Redeveloper or subsequent <br /> Owner of the Project or Project Site or any portion thereof, as the case may be) only <br /> during the period tl�at the Redeveloper (or assignee of the Redevelop�r or subsequent <br /> Owner of the Project or Project Site or any portion thereof, as the case may be) owns a <br /> direct or indirect interest in the Project or Project Site or any portion thereof. <br /> 7.4 Duration of Covenants. It is intended and agreed that the covenants provided in <br /> Sections 7.1 and 7.3 of this Agreement shall remain in effect until December 31, 2025 <br /> and that the covenants provided in Sections 7.2 hereof shall remain effective without any <br /> time limitation; provided, that all such covenants shall be binding on the Redeveloper <br /> only for such period as the Redeveloper maintains a direct interest in the Project Site or <br /> the Project or part thereof(excluding, for example, an interest therein solely as a creditor <br /> or mortgagee), and only with respect to such direct interest in the Project Site or the <br /> Project or part thereof. <br /> 7.5 Covenants Running with the Land. Subject to Section 7.4, it is intended and agreed <br /> that the covenants set forth in Sections 7.1, 7.2 and 73 above shall be covenants running <br /> with the land and Sections 7.1 and 73 shall in any event be binding to the fullest extent <br /> permitted by law and equity, for the benefit and in favor of and enforceable by the City, <br /> and with regard to Section 7.2 hereof, the City, the State of Illinois and the United States <br /> of America. Provided, however, this Agreement is not intended to create any obligations <br /> for a bona fide purchaser of a condominium unit beyond the ownership of that unit. <br /> 7.6 Covenants Binding for the Benefit of City. Subject to Section 7.5, it is also intended <br /> and agreed that the foregoing covenants set forth in Sections 7.1, 7.2 and 7.3 above shall <br /> in any event, and without regard to technical classification or designation as legal or <br /> otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit of <br /> the City and enforceable by the City, the State of Illinois and the United States of <br /> America as provided in Sections 7.4 and 7.5. <br /> 7.7 Forms of Covenants and Restrictions. Certain of the covenants, uses and restrictions <br /> referred to in this Article IX shall substantially be in the form of the Declaration of <br /> Covenants, Uses and Restrictions attached hereto and made a part hereof as E�►ibit 3 <br /> which shall be executed and recorded with the Macon County Recorder of Deeds on or <br /> before the date that the Redeveloper commences construction of the Project or any phase <br /> thereof. <br /> ARTICLE IIX: INDEMNIFICATION <br /> 8.1 Redeveloper Indemnification of the City. So long as the Redeveloper maintains a <br /> direct interest in the Project or Project Site or any part thereof(excluding, for example, an <br /> interest therein solely as a creditor or inortgagee) and notwithstanding anything to the <br /> contrary in this Agreement, the Redeveloper agrees to indemnify, defend and save the <br /> City, its officers, employees, Council members, Mayor, agents and representatives and <br /> each of their successors and assigns harmless from and against any and all claims, <br /> City of Decatur/Slumberland Redevelopment Agreement 12 <br />
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