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2019.04.03 EDC Packet
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2019.04.03 EDC Packet
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29 <br />deficiencies and defaults by the Redeveloper, then the City shall have the right to re-enter and re- <br />take possession of the Property and the Minimum Improvements, and to terminate (and revest in <br />the City) the estate conveyed by the Property Deed to the Redeveloper, it being the intent of this <br />provision, together with other provisions of the Agreement, that the conveyance of the Property <br />to the Redeveloper shall be made upon, and that the Property Deed shall contain, a condition <br />subsequent that in the event of any default on the part of the Redeveloper and failure on the part <br />of the Redeveloper to remedy, end, or abrogate such default within the period and in the manner <br />stated in such provisions, the City at its option may declare a termination in favor of the City of <br />the title and all the rights and interest in and to the Property conveyed to the Redeveloper, which <br />said declaration shall be a form determined by the City and recorded against the Property, and <br />that such title and all rights and interests of the Developer, and any assigns or successors in <br />interest to and in the Property and the Minimum Improvements, shall revert to the City, but only <br />if the events stated in subparagraphs (a), (b) or (c) above have not been cured within the time <br />periods provided above. <br /> <br />Notwithstanding anything to the contrary contained in this Section, the City shall have no right to <br />re-enter or retake title and possession of any part of the Property after the Certificate of <br />Completion has been issued or following the Termination Date. <br /> <br /> <br />ARTICLE X <br /> <br />ADDITIONAL PROVISIONS <br /> <br /> Section 10.1. Conflict of Interest. No member, official, or employee of the City shall <br />have any personal interest, direct or indirect, in the Agreement, nor shall any such member, <br />official or employee participate in any decision relating to the Agreement which affects his or her <br />personal interests or the interests of any corporation, partnership, or association in which he or <br />she is, directly or indirectly, interested. No member, official, or employee of the City shall be <br />personally liable to the Redeveloper, or any successor in interest, in the event of any default or <br />breach by the City for any amount which may become due to the Redeveloper on any obligations <br />under the terms of this Agreement, except in the case of willful misconduct. <br /> <br /> Section 10.2. Restrictions on Use. The Redeveloper shall not discriminate upon the <br />basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or <br />occupancy of the Redevelopment Property or any improvements erected or to be erected thereon, <br />or any part thereof. <br /> <br /> Section 10.3. Provisions Not Merged With Assignment. Notwithstanding any provision <br />of law or court decision to the contrary, none of the provisions of this Agreement are intended to <br />or shall be merged by reason of any assignment or conveyance transferring any interest in the <br />Redevelopment Property and any such assignment or conveyance shall not be deemed to affect or <br />impair the provisions and covenants of this Agreement. <br /> <br /> Section 10.4. Broker’s Commission. The parties acknowledge that no broker’s <br />commission or finder’s fee is payable with regard to this transaction. Each party agrees to
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