Agenda - Council - 11/28/1995 - Laserfiche WebLink

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Draft 11/24/95 (k) The Developer will escrow the purchase price of the Development Property with the City and will be able to draw on those funds for approved improvements to the School House Number 28 and its site. Any remaining-funds from the escrow shall be retained by the City. (k) The Developer will provide for the u'ansfer of the lot encompassing School House Number 28 to the City upon the project's completion. 0) The Developer shall provide for the refurbishing of School House Number 28 to a standard that will be mutually agreeable to both the City and Developer. At a minimum, the improvements shall bring the structure up to Uniform Building Code standards for a general use. (m) The Developer shall provide the City with'itemized invoices for the expenditure of the financial assistance provided by the City. Draws on the escrow will be allowed for the following: survey, environmental testing, soft corrections, architectural, engineering, legal fees, site work and building rehabilitation. (n)' The City shall enter into an agreement with the Developer authorizing the Developer to p. rovide the services of a general contractor/administrator for the completion of the restoration project. Section 2.2 ~. The City makes the following representations as the basis for the undertaking on its part herein contained: (a) The City is authorized by law to en .ter into this Agreement and to carry out its obligations hereunder;, (b) The City will, in a timely manner, subject to all notification requirements, review and act upon all submittals and applications of the Developer, and will cooperate with the efforts of the Developer to secure the granting of any permit, license, or other approval required to allow the construction of the Minimum Improvements; provided, however, that nothing contained in this subparagraph shall be construed to limit in any way the reasonable and legitimate exercise of the City's discretion in considering any submittal or application; (c) The activities of ~'lre City ~ undertaken for the purpose of fostering the redevelopment of certain real property w~ch, for a variety of reasons, is presently unutilized and underutilized and for the purpose of promoting economic development and the creation of employment opportunities.' (d) The City will cooperate with the Developer with respect to any litigation, other than Etigation in which the Oty and thc Developer are adverse parties, commenced with respect to the TIF Plan, Program, or Minimum Improvements. ' ' (e) The proposed property is properly zoned for the developer's intended use and the Minimum Improvements contemplated by the construction Plans are in conformity with the Program and TIF plan. (f) The City has received no notice or communication from any local, state or federal official that the activities of the Developer or the City in the Development District may be, or will be, in violation of any environmental law or regulation (other than those notices or communications of which the City is aware). The City 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. 5,/ Page 6 I I I I I I I I I I I I I I I I I I I