11-23-2009 EDA Packet - Laserfiche WebLink

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(3) The Assisted Living Developer has received no notice or communication from any local, state or federal official that the activities of the Assisted Living Developer or the Authority in the Project Area may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the Authority is aware). The Assisted Living Developer is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state or federal environmental law, regulation or review procedure. (4) The Assisted Living Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Minimum Improvements and Additional Improvements may be lawfully constructed. The Assisted Living Developer did not obtain a building permit for any portion of the Minimum Improvements before the date of approval of the Plan for the TIF District. (5) Neither the execution and delivery of this Addendum, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Addendum is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, Addendum or instrument of whatever nature to which the Assisted Living Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (6) The Assisted Living Developer shall promptly advise Authority in writing of all litigation or claims affecting any part of the Assisted Living Improvements and all written complaints and charges made by any governmental authority materially affecting the Assisted Living Improvements or materially affecting Assisted Living Developer or its business which may delay or require changes in construction of the Assisted Living Improvements. 3. Use, Ownership of Assisted Living Property; Restrictions (a) Assisted Living Developer's use of the Assisted Living Property shall be subject to and in compliance with all of the conditions, covenants, restrictions and limitations imposed by this Agreement, the Restrictions and all applicable laws, ordinances and regulations. (b) Assisted Living Developer hereby represents and warrants that it is the owner in fee simple of the Assisted Living Property, and there will be no liens, defects or other encumbrances upon title to the Assisted Living Property that would hinder the development of the Assisted Living Property by Assisted Living Developer as contemplated by this Agreement. (c) Prior to issuance of a building permit for the Assisted Living Improvements, the Assisted Living Developer shall execute the Assessment Agreement in substantially the form attached as Schedule C, and shall cause the County assessor to execute the assessor's certificate attached thereto. The Assisted Living Developer shall use its best efforts to obtain the County