<br />ARTICLE 8
<br />General Provisions
<br /> Conflicts of Interest; HRA and City Representatives Not Individually Liable. No
<br />member, official, employee, or consultant or employee of a consultant of the HRA or the City shall
<br />have any personal interest, direct or indirect, in this Agreement, nor shall any such member,
<br />official, consultant or the consultant’s employees or employee participate in any decision relating
<br />to this Agreement which affects his or her personal interests or the interests of any corporation,
<br />partnership, or association in which he or she is directly or indirectly interested. No member,
<br />official, consultant or consultant’s employee, or employee of the HRA or the City shall be
<br />personally liable to Developer, or any successor in interest, in the event of any default or breach
<br />by the HRA or the City or for any amount which may become due to Developer or successors or
<br />on any obligations under the terms of this Agreement.
<br /> Equal Employment Opportunity. Developer, for itself and its successors and
<br />assigns, agrees that during the construction of the Project it will comply with any applicable
<br />affirmative action and nondiscrimination laws or regulations.
<br /> Restrictions on Use. Developer agrees for itself, and its successors and assigns,
<br />and every successor in interest to the Development Property, or any part thereof, that Developer,
<br />and such successors and assigns, shall, prior to the termination of the Affordable Housing
<br />Restrictive Covenant, devote the Development Property to, and only to and in accordance with,
<br />the uses specified in the Redevelopment Plan, this Agreement and other agreements entered into
<br />between the Developer and the City, and shall not discriminate upon the basis of race, color, creed,
<br />religion, national origin, sex, marital status, disability, status with regard to public assistance,
<br />sexual orientation, and familial status in the sale, lease, or rental or in the use or occupancy of the
<br />Development Property or any improvements erected or to be erected thereon, or any part thereof.
<br /> Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections
<br />of this Agreement are inserted for convenience of reference only and shall be disregarded in
<br />construing or interpreting any of its provisions.
<br /> Business Subsidies Act.
<br />The Developer represents that the financial assistance received by the Developer pursuant
<br />to this Agreement will be used to create housing. Accordingly, the parties agree and understand
<br />that the financial assistance described in this Agreement does not constitute a business subsidy
<br />within the meaning of the Business Subsidy Act. The Developer releases and waives any claim
<br />against the HRA and its governing body members, officers, agents, servants and employees thereof
<br />arising from application of the Business Subsidy Act to this Agreement, including without
<br />limitation any claim that the HRA failed to comply with the Business Subsidy Act with respect to
<br />this Agreement.
<br />
<br /> Term of Agreement. This Agreement shall terminate upon the earlier to occur of
<br />(i) February 1, 2032, (ii) the date the TIF Note is paid in full, (iii) the date on which the Tax
<br />Increment District expires or is otherwise terminated, or (iv) the date this Agreement is terminated
<br />or rescinded in accordance with its terms; it being expressly agreed and understood that the
<br />20
<br />
<br />
|