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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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' ~u~.~0~s <br />· ¢9.69) <br /> <br /> ~. .~d. so, for the fore~oin~ reasons the ~edeveloper represents ~nd <br /> <br />~a) Except only <br /> <br />(1) <br /> <br />by way of security for, and only for, (l). the purpose of <br />obtaining financing necessary to enable the Redeveloper or <br />any successor in interest to the Property, or any part <br />thereof~ to perform its obligations with respect to making <br />the Improvements under the Asreement, and (ii) any other <br />purpose authorized by the A~reeaent, and <br /> <br />(2) <br /> <br />as to any individual parts or parcels of 'the Property on' <br />which the Improvements to be constructed thereon have been <br />completed, and which, by the terms of the P4~reement, the <br />Redeveloper is authorized to convey or lease as such <br />Improvements are completed, <br /> <br />the Redeveloper (except as so authorized) has not made or created, and that <br />it will not, prior to the proper completion off the Improvements as <br />certified by the ~&ency, make or create, or suffer to be made or created, <br />any total or partial sale, assignment, conveyance, or lease, or any trust <br />or power, or transfer in any other mode or form of or with respect to the <br />'~reement Or the Property, or any part thereof or any interest therein, or <br />any contract or agreement to do any off the same, without the prior written <br />approval of the Agency: Provided, That, prior to the issuance by the <br />A~ency of the certificate prov--~d~d for in Section 30? hereof es' to <br />completion off construction of the Improvements, the Redeveloper may enter <br />into any agreement to sell, lease, or otherwise transfer, after the <br />issuance of such certificate, the Property or any part thereof or interest <br />therein, which agreement shall not provide for paymen~ of'or on account of <br />the purchase price or rent for the Property, or the part thereof or the <br />interest therein to be so transferred, prior to the issuance of such <br />certificate. <br /> <br /> (b) The Agency shall be entitled to require, except as otherwise <br />provided in the A~reement, as conditions to' any such approval that: <br /> <br />Any proposed transferee shall have t~e qualifications and <br />financial responsibility, as determined by the A~ency, <br />necessary and adequate to fulfill the obligatfons undertaken <br />in the Agreement by the Redeveloper (or, in the event the <br />transfer is of or relates to part of the Property, such <br />obligations to the extent.that they relate to such part). <br /> <br />(2) <br /> <br />Any proposed transferee, by instrument in writing <br />satisfactory to the Agency e. nd in form recordable ~mong <br />the land records, shall, for itself and its successors and <br />assigns, and. expressly for the benefit of the A~ency, have <br />expressly assumed all of ~he obligations of the Redeveloper <br /> <br />' IO <br /> <br /> <br />
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