CCP 06-15-1993 - Laserfiche WebLink

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. by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or local governmental unit ( other than the City) which directly result in delays or any other act or event (which does not include adverse market conditions) the risk of which was not expressly assumed by the Developer in a contract with the party who was responsible for the delay. ARTICLE II. REPRESENTATIONS AND WARRANTIES 2.1 ReDresentations and Warranties of the city. The City makes the following representations and warranties: (a) The City is a municipal corporation organized and existing under the provisions of the Constitution and laws of the state and has the power to enter into this Agreement and carry out its obligations hereunder. (b) Tax Increment Financing District No. 2 was created, adopted and approved in accordance with the terms of the Tax Increment Act. . (c) The development contemplated by this Agreement is set forth in Resolution 89-41 of the city Council, which created Development District No. 1 and Tax Increment Financing District No. 2, and as further described herein. (d) To assist in facilitating development of the Redevelopment Property and the activities to be undertaken by the Developer with respect thereto, the City proposes, subject to the further provisions of this Agreement, to advance to the Developer tax increments for the acquisition of property, provision of site and public improvements, and provision of other activities as identified and provided for in the tax increment financing plan. (e) The City makes no representation or warranty, either express or implied, as to the Redevelopment Property or its condition or the soil conditions thereon, or that the Redevelopment Property shall be suitable for the Developer'S purposes or needs. . 4