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09-04-01
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09-04-01
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10/4/2021 9:18:27 AM
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2/1/2008 10:41:02 AM
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City Council
City Council - Type
CC Packets
Date
2/1/2008
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ARTICLE VI <br /> Taxes <br /> Section 6.1. Real Property Taxes. Real estate taxes due and payable in the year 2001 shall <br /> be apportioned between the Developer and the City as of the date of conveyance of the Property, <br /> with the result that the City shall pay that portion of such taxes attributable to the period of the <br /> year prior to the conveyance and the Developer shall pay that portion of the taxes attributable to <br /> the period of time commencing with the date of conveyance. Real estate taxes and assessments <br /> due and payable in the year 2000 and all prior years, deferred real estate taxes (i.e. Green Acres), <br /> and all pending or levied special assessments, if any, shall be paid by the City. After its <br /> acquisition of the Property, the Developer shall pay all real property taxes and special <br /> assessments in a timely manner and prior to the imposition of penalties. <br /> ARTICLE VII. <br /> Financing <br /> Section 7.1. Financing. Prior to the City's conveyance of the Property to the Developer, <br /> the Developer shall submit to the City evidence, satisfactory to the City, that the Developer has <br /> obtained mortgage or other construction and permanent financing in an amount sufficient for <br /> acquisition of the Property and construction of the Improvements. <br /> Section 7.2. Limitation Upon Encumbrance of Property. Prior to the date that the <br /> Developer pays to the City any amount of the Assessments that is due under Section 3.8 or that it <br /> is determined that no amount is due or the date that the Developer has fulfilled all of its <br /> obligations under the Business Subsidy Agreement, whichever, is later, neither the Developer <br /> nor any successor in interest to the Property, or any part thereof, shall engage in any financing or <br /> any other transaction creating any mortgage or other encumbrance or lien upon the Property, <br /> whether by express agreement or operation of law, or suffer any encumbrance or lien to be made <br /> on or attach to the Property, except for the purposes of obtaining funds only to the extent <br /> necessary for acquiring and constructing the Improvements without the prior written approval of <br /> the City. All financing and other transactions shall contain an agreement in a form acceptable to <br /> the City by which a proposed Holder agrees to be bound by and subject to the Assessments. <br /> ARTICLE VIII <br /> Prohibitions Against Assignment and Transfer,Indemnification <br /> Section 8.1. Prohibition Against Transfer of Property and Assignment of Agreement. (a) <br /> The Developer represents and agrees that prior to the date that the Developer pays to the City <br /> any amount of the Assessments that is due under Section 3.8 or that it is determined that no <br /> amount is due or the date that the Developer has fulfilled all of its obligations under the Business <br /> Subsidy Agreement, whichever, is later, except only by way of security for, and only for, the <br /> 14 <br />
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