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2007-06-13 CC
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2007-06-13 CC
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<br />ARTICLE n <br /> <br />REPRESENTATIONS <br /> <br />Section 2.1. Representations of the City. <br />representations: <br /> <br />The City makes the following <br /> <br />(a) The City is a statutory city under the laws of the State. Under the provisions of <br />the Act, the City believes that it has the power to enter into this Agreement and carry out its <br />obligations hereunder, and has duly authorized the execution, delivery and performance of this <br />Agreement by action of its City Council. <br /> <br />(b) The activities of the City are undertaken pursuant to the Act and are undertaken in <br />accordance with the Project Plan in furtherance of the objectives of the Project and the Project <br />Plan which include, but are not limited to, the pmposes of clearing blighted, deteriorated, <br />deteriorating, under used and inappropriately used areas of the City, increasing the property tax <br />base in the City; promoting the development of underutilized land; eliminating and removing <br />buildings that are economically or functionally obsolete; producing decent, safe and sanitary <br />housing within the City, providing maximum opportunity, consistent with the sound needs of the <br />City as a whole for redevelopment by private enterprise; providing general design guidance in <br />conjunction with suitable development controls in order to enhance the physical environment of <br />the area, and creating employment opportunities within the City. <br /> <br />(c) To the best of the City's knowledge and belief, the Project is a "development <br />district" within the meaning of the Act and was created, adopted and approved in accordance <br />with the terms of the Act <br /> <br />(d) The City will, at no cost to the City, cooperate with the Developer with respect to <br />any litigation commenced with respect to the Project Plan, Project, or Minimum Improvements. <br /> <br />(e) The City will, at no cost to the City, cooperate with and assist the Developer in <br />obtaining governmental approvals, permits and authorizations necessary to construct the <br />Minimum Improvements. <br /> <br />(f) 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 validity or <br />enforceability of this Agreement or which would restrain or enjoin the transactions contemplated <br />by this Agreement. <br /> <br />(g) The City agrees to cooperate with Developer with respect to obtaining any <br />required rezoning, permits, licenses and approvals needed for the redevelopment of the <br />Development Property and will join in the execution of any documents and instruments which <br />may be required or which may be reasonably requested by Developer in connection therewith; <br />provided, that the City shall not by virtue of this Agreement be bound to grant any zoning or <br />other approvals which may only be granted by the City after the holding of a hearing on the <br />matter. <br /> <br />7 <br />
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