08-13-2003 Council Agenda - Laserfiche WebLink

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(4) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with (unless all necessary waivers, consents or the like have been obtained) or results in a breach of, material terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a material default under any of the foregoing. (5) $3,500,000. The Minimum Improvements will be constructed at a cost of not less than (6) The Developer will cooperate fully with the City with respect to any litigation commenced with respect to the Project. (7) The Developer has or will obtain funds sufficient for the acquisition or construction of the Minimum Improvements, together with financing provided by the City pursuant to this Agreement, as contemplated in this Agreement. (8) The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Project. (9) The Developer would not undertake the Project in the reasonably foreseeable future without the use of tax increment financing contemplated by this Agreement. (10) The Developer expects that, barring Unavoidable Delays, the Project will be substantially completed by December 31, 2003. 1549292v2 6 -10-