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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.620~B <br /> <br />purpose of redevelopment of the Property and not for speculation in l~nd <br />holding. The Redeveloper further recognizes that, in view of <br /> <br />(a) the importance of the redevelopment of the Property to the <br /> general welfare of the community; <br /> <br />(b) <br /> <br />(e) <br /> <br />the substantial financing and other public aids that have been <br />made available by law and by the Federal and 16cal Governments <br />for the purpose o'f making such redevelopment possible;. <br /> <br />the fact that's transfer of the stock in the Redeveloper· or uf- <br />a substantial part thereof, or any other act or tr~nsaction <br />involving or resulting .in a significant change in the ownership <br />or distribution of such stock or with respect to the identity <br />of the parties in control of the Redeveloper or the degree <br />'thereof, is for practical purposes a transfer or disposition of <br />the Property then Owned by the Redeveloper, <br /> <br />the qualifications and identity of the Redeveloper, and its stockholders, <br />are Of particular concern to the community and the A~ency.. The Redeveloper <br />further recognizes that it is because of such qualifications and identity <br />that the A~ency is e~tering into the A~reement with the Redeveloper, and, <br />in so doing, is further willing to accept and rely on the obligations of <br />the Redeveloper for the faithful performance of all undertakings and <br />covenants hereby by it to be performed without requiring in addition a <br />surety bond or similar undertaking for such performance of all undertakings' <br />and covenants In the A~reement. <br /> <br /> SEC. ~02. Prohibition A~ainst Transfc~ of Shares of Stock[ Bindin~ <br />O~on Stockholders Indlviduatl~. For the foregoing reasons, the Redeveloper <br />represents and agrees for ltsctf, its stockholders, and any successor in <br />interest of itself and its stockholders, respectively, that: Prior to <br />co~pletion of the l~provements as certified by the A~ency, and ~ithout the <br />prior ~itten approval of the Agency, (a) there shall be no transfer by an~ <br />party o~ning l0 percent, or more of the stock in thc Hedevelopvr (which term <br />shall be dee~ed for the purposes of this and related provisions to include <br />successors in interest of su~h stock or any part thereof or interest <br />therein), (b) nor shall any such owner suffer any such transfer to be made, <br />{c) nor shall there be or be suffered to be by the Redeveloper, or by any <br />owner of 10 percent or more of the stock therein, any other similarly <br />significant change in the ownership of such stock or in the relative <br />distribution thereof, or with respect to the identity of the parties in <br />control of the Redeveloper or the degree thereof, by any other methOd or <br />means, ~hether by increased capitalization, merger with another corporation, <br />corporate or other aee. ndmcnts, issuance of additional or new stock or <br />classification of stock, or otherwise. ~lth respect Lo this provision, the <br />Redeveloper and the parties nighing the Agree~mt on behalf of thc <br />Redeveloper represent that they have the authoriLy of all of ils' existing <br />stockholders to agree to this provision on their behalf m~d to bind them <br />with respect thereto. <br /> <br />-9- <br /> <br /> <br />
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