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77-038
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77-038
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Last modified
1/3/2012 12:34:15 PM
Creation date
6/26/2003 10:46:49 AM
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City Clerk
Doc Type
Resolution
Doc #
77-38
Date
3/29/1977
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HUD-6209B <br /> (9-69) <br /> <br /> States (in the case of the covenant provided in subdivision (b) o~ Section <br /> ~01 hereof), against the Redeveloper, its successors and assigns and every <br /> , ~success°r in interest to the Property, or any part thereof or any interest <br /> --therein, and any party in possession or occupancy of the Property or any <br /> part thereof. It Is further intended and aF, reed that the agreement and <br /> covenant provided in subdivision (a} of Section ~01 hereof shall remain in <br /> effect for the period of time, or until the date, specified or referred to <br /> in Section 6 of Part ! hereof (at which time such a~reement and covenant <br /> shall terminate) and that the a~reements and covenants provided In <br /> subdivision (b) of Section 401 hereof shall remain in effect without <br />.... limitation as to time'; Provided, That such agreements and covenants shall <br /> be binding on the Redeveloper Itself, each successor in interest to the - <br /> Property, and every part thereof, and each party in possession or <br /> occupancy, respectively, only for such period as such successor or party <br /> shall have title to, or an interest in, or possession or occupancy of, the <br /> Property or part thereof. The terms "uses specified in the Urban Renewal <br /> Plan" and "land use" referring to provisions of the Urban Renewal Plan. or <br /> similar language, in the A~reement shall include the land and all building, <br /> housing, and other requirements or restrictions of the Urban Renewal Plan <br /> pertaininG to such land. <br /> <br /> SEC. "03. A6encv and United States Rights To Enforce. In <br />.' ....~nplification, and not in restriction of, the provision~ of the preceding <br /> Section, it is intended and agreed that the A~ency and its successors and <br /> assigns shall be deemed beneficiaries of the a~reement8 and covenants <br /> provided'in Section ~Ol hereof, and the United Staten shall be dee~ed a <br /> beneficiary of the covenant provided in subdivision (b) of Section ~O1 <br /> hereof, both for and in their or Its own right and also for the purposes <br /> of protecting the interests, of the colunity and other parties, public or <br /> private, in whose favor or for whose benefit such a6reements and covenants <br /> have been provided. Such agreements and covenants shall (and the Deed <br /> shall so state) run in favor of the AGency and the United States, for <br /> the entire period during which such agreements and covenants shall be in . <br /> force and effect, without regard to whether the A~ency or the United States <br /> has at any time been, remains, or is an owner of any land or interest <br /> therein to or in favor of which such agreements and covenants relate. The <br /> ~ency shall have the right, in the event of any breach of any such agreement <br /> or covenant, and the United States shall have the right in the event of any <br /> breach of the covenant provided in subdivision (b) of Section ~01 hereof, to <br /> exercise all the rights and remedies, and to maintain any.actions or suits <br /> at law or in equity or other proper proceedings to enforce the curing of such <br /> breach of agreement or covenant, to which it or any other beneficiaries of <br /> ~ such a~reement or covenant may be entitled. <br /> <br />ARTICLE V. PRO~-ITIONS ~AINST ASSIG~Z~T AND TRANSFER <br /> <br /> SEC. ~O1. Representations As to Redevelopment. The Redeveloper <br />represents and agrees that its purchase of the Property, and its other <br />undertakings pursuant to the .A~reement, are, and wil~ be used, for the <br /> <br />-8- <br /> <br /> <br />
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