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CCP 04-08-2002
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CCP 04-08-2002
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<br />. <br /> <br />. <br /> <br />. <br /> <br />~/ a r ] 3 20 0 2 1 2 . 3 2 ) 'v: <br /> <br />No 1730 J. 7/10 <br /> <br />duly authorized the execution, delivery and performance of this Agreement by <br />action of its City CO\Ulcil. <br /> <br />(b) <br /> <br />The City shall use reasonable efforts to obtain all federal, state, and regional land <br />use, environmental or other regulatory approvals necessary to implement the <br />redevelopment of the Redevelopment Property. <br /> <br />(c) <br /> <br />There are no pending or threatened legal proceedings of which the City is aware <br />which, if successful, would threaten the economic viability of the City or the <br />validity or enforceability of this Agreement or which would restrain or enjoin the <br />transactions contemplated by this Agreement. <br /> <br />Section 2.3 Survival of Representations. All of the foregoing representations and <br />warranties shall survive the termination of this Agreement. <br /> <br />ARTICLE III <br /> <br />THE REDEVELOPER'S REDEVELOPMENT SERVICES <br /> <br />Redeveloper shall provide the following services to the City, subject to Article VIII <br />hereof: <br /> <br />Section 3.1 Consultinl! Services. Redeveloper shall consult with the City in the City's <br />efforts to obtain all federal, state, and regional land use, environmental and other regulatory <br />approvals necessary to implement the redevelopment of the Redevelopment Property. <br />Redeveloper's consulting services shall be provided until such date it is apparent that <br />Redeveloper will be entitled to reimbursement of the Ryan Fees pursuant to Article VIII hereof. <br /> <br />Section 3.2 Rvsn Fees. Redeveloper, with approval by the City both as to specific third <br />party vendors and their budgets,' shall retain engineering and other professional services <br />necessary to prepare an engineering feasibility and AUAR for the Redeveloper's proposed <br />redevelopment of the Redevelopment Property and pay all out-of-pocket expenses related thereto <br />(the "Ryan Fees"). Notwithstanding anything to the contrary in this Agreement, Redeveloper <br />shall not be reimbursed Ryan Fees in excess of the lesser of Two HlUldred Thousand Dollars <br />($200,000) and the amolUlt reasonably approved in writing by the City. <br /> <br />ARTICLE IV <br /> <br />OBLIGATIONS OF CITY <br /> <br />Section 4.1 City Oblieatioos and Uodertakines. The City agrees as follows: <br /> <br />(a) <br /> <br />Subject to Section 4.2, the City shall take reasonable steps consistent with its <br />statutory authority to initiate and complete or cause to have completed on a timely <br /> <br />4 <br />
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