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R2006-94 APPROVING REDEVELOPMENT AGREEMENT WITH IP PLAZA LLC
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R2006-94 APPROVING REDEVELOPMENT AGREEMENT WITH IP PLAZA LLC
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11/3/2015 8:20:50 AM
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Resolution/Ordinance
Res Ord Num
R2006-94
Res Ord Title
APPROVING REDEVELOPMENT AGREEMENT WITH IP PLAZA LLC - KMART SHOPPING PLAZA
Approved Date
7/3/2006
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. , , � ' . � <br /> aK �: `IZ4PG1 4 9 <br /> 10. ASSIGNMENT <br /> Except for the initial assignment of this Redevelopment Agreement as collateral, the <br /> Developer shall not assign any of the rights in this Agreement without first obtaining written <br /> consent of the City. However, the City agrees that consent shall not be unreasonably withheld <br /> provided the nature and financial status of the project are not substantially changed, and that <br /> nothing contained herein is intended to restrict the transfer of interest in this agreement as a <br /> result of the death of any of the Developers. <br /> 11. PREPAYMENTS <br /> Should the annual incremental tax revenue generated by the Project be sufticient to pay <br /> all cost eligible expenses, except mortgage interest buy-down, prior to the expiration of the term <br /> of this Agreement, City may, in its sole discretic,n, elect to pay all then remaining payments <br /> (except mortgage interest buy-down) in a single lump sum payment. <br /> 12. WAIVER <br /> Any party to this Agreement may elect to waive any remedy it may enjoy hereunder, <br /> provided that no such waiver shall be deemed to exist unless the party waiving such right or " <br /> remedy does so in writing. No such waiver shall obligate such party to waive any right or remedy <br /> hereunder, or shall be deemed to constitute a waiver of other rights and remedies provided said <br /> party pursuant to this Agreement. <br /> 13. SEVERABILITY <br /> If any section, subsection, term or provision of this Agreement or the application thereof <br /> to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of <br /> said section, subsection, term or provision of this Agreement or the application of same to parties <br /> or circumstances other than those to which it is held invalid or unenforceable, shall not be <br /> affected thereby. <br /> 14. ILLINOIS LAW <br /> This Agreement shall be construed in accordance with the laws of the State of Illinois. <br /> 15. NOTICES <br /> All notices, demands, requests, consents, approvals or other instruments required or <br /> permitted by this Agreement shall be in writing and shall be executed by the party or an officer, <br /> agent or attorney of the party, and shall be deemed to have been effective as of the date of actual <br /> delivery, if delivered personally, or as of the third (3�d) day from and including the date of <br /> posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, <br /> addressed as follows: <br /> Page 14 of 29 <br />
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