Laserfiche WebLink
<br />Section 6.02 Condemnation. If all or any portion of the Real Property and, if <br />applicable, the Facility is condemned to an extent that the Public Entity can no longer comply <br />with the provisions contained in Section 2.03, then the Public Entity shall, at its sole option and <br />discretion, either; (i) use or cause the condemnation proceeds to be used to acquire an interest in <br />additional real property needed for the Public Entity to continue to comply with the provisions <br />contained in Section 2.03 and, if applicable, to fully or partially restore the Facility and to <br />provide or cause to be provided whatever additional funds that may be needed for su~h purposes, <br />or (ii) sell the remaining portion of its interest in the Real Property and, if applicable, the Facility <br />in accordance with the provisions contained in Section 3.03. Any condemnation proceeds which <br />are not used to acquire an interest in additional real property or to restore, if applicable, the <br />Facility shall be applied in accordance with the provisions contained in Section 3.04 as if the <br />Public Entity's interest in the Real Property and, if applicable, the Facility had been sold, and <br />such amounts shall be credited against the amounts due and owing under Section 3.04 upon the <br />ultimate sale of the Public Entity's interest in the Real Property and, if applicable, the Facility. If <br />the Public Entity elects to sell its interest in the portion of the Real Property and, if applicable, <br />the Facility that remains after the condemnation, then such sale must occur within a reasonable <br />time period from the date the condemnation occurred and the cumulative sum of the <br />condemnation proceeds plus the proceeds of such sale must be applied in accordance with the <br />provisions contained in Section 3.04, with the condemnation proceeds being so applied within a <br />reasonable time period from the date they are received by the Public Entity. <br /> <br />As recipient of any of condemnation awards or proceeds referred to herein, the State Entity <br />agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation <br />awards or proceeds it receives so that the Public Entity can comply with the requirements which <br />this Section 6.02 imposes upon the Public Entity as to the use of such condemnation awards or <br />proceeds. <br /> <br />Section 6.03. Use, Maintenance, Repair and Alterations. The Public Entity shall not, <br />without the written consent of both the State Entity and the Commissioner of Finance, permit or <br />suffer the use of any of the Real Property and, if applicable, the Facility, for any purpose other <br />than the use for which the same is intended as of the effective date of this Agreement. In <br />addition, the Public Entity; (i) shall keep the Real Property and, if applicable, the Facility, in <br />good condition and repair, subject to reasonable and ordinary wear and tear, (ii) shall not, written <br />consent of both the State Entity and the Commissioner of Finance, remove, demolish or <br />substantially alter (except such alterations as may be required by laws, ordinances or regulations) <br />any of the Facility, if applicable, (iii) shall not do any act or thing which would unduly impair or <br />. depreciate the value of the Real Property and, if applicable, the Facility, (iv) shall not abandon <br />the Real Property and, if applicable, the Facility, (v) shall complete promptly and in good and <br />workmanlike manner any building or other improvement which may be constructed on the Real <br />Property and promptly restore in like manner any portion of the Facility, if applicable, which may <br />be damaged or destroyed thereon and pay when due all claims for labor performed and materials <br />furnished therefore, (vi) shall comply with all laws, ordinances, regulations, requirements, <br />covenants, conditions and restrictions now or hereafter affecting the Real Property and, if <br />applicable, the Facility, or any part thereof, or requiring any alterations or improvements thereto, <br />(vii) shall not commit or permit any waste or deterioration of the Real Property and, if applicable, <br />the Facility, (viii) shall keep and maintain abutting grounds, sidewalks, roads, parking and <br />landscape areas in good and neat order and repair, (ix) shall comply with the provisions of any <br />lease if the Public Entity's interest in the Real Property and, if applicable, the Facility, is a <br />leasehold interest, (x) shall comply with the provisions of any condominium documents if the <br /> <br />City of Center\iille City Park <br />9/1 1/2006 <br /> <br />17 <br /> <br />31 <br />