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Res13 15289
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Res13 15289
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Last modified
10/11/2019 7:50:19 AM
Creation date
10/11/2019 7:49:52 AM
Metadata
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Regular
Agency Type
City Council
Date
7/22/2013
Description
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY APPROVING, AND AUTHORIZING THE CITY � MANAGER TO EXECUTE, A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF REDWOOD CITY AND REDWOOD CITY PARTNERS, LLC FOR 950 MIDDLEFIELD ROAD
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respect to the construction and installation of the Project, as if a Certificate of Completion had <br /> been issued by the City pursuant to this Agreement, and the same shall inevocably be deemed to <br /> have been issued as of such date for all purposes of this Agreement. In such an event, at <br /> Developer's written request, City shall execute a Certificate of Completion in the form attached <br /> hereto as Exhibit G which shall state that Developer has satisfied the requirements of this <br /> Agreement with respect to the construction and installation of the Project. <br /> 4.13.2 Effect. A Certif'icate of Completion shall constitute evidence of the <br /> City's conclusive determination of satisfactory Completion of the construction and installation of <br /> the parking garage or the Project, as the case may be, in accordance with the terms of this <br /> Agreement. A Certificate of Completion shall not constitute a Notice of Completion under <br /> Section 8182 or 9204 of the Califomia Civil Code, nor shall it act to terminate the continuing <br /> reservations, covenants, restrictions or conditions contained in the City Deed or. any other <br /> instruments recorded against the Site or set forth in this Agreement, except to the extent that the <br /> City Deed, other recorded instrument or this Agreernent provides that it or any portion of it is <br /> terminated upon the issuance of a Certificate of Completion. Except as otherwise provided <br /> herein, after the issuance of a Certificate of Completion, neither the City nor any other person <br /> shall have any rights,remedies or controls with respect to the Site that it would otherwise have or <br /> be entitled to exercise under this Agreement as a result of a default in or breach of any provision <br /> , of this Agreement. After the recordation of a Certif'icate of Completion for the parking garage or <br /> the Project, as the case may be, any Person then owning or thereafter purchasing, leasing or <br /> otherwise acquiring any interest in the Site or the Project shall not (because of such ownership, <br /> purchase, lease or acquisition) incur any obligation or liability under this Agreement as to the <br /> ' portion of the Project as to which a Certificate of Completion has been issued, but such Person <br /> shall be bound by any reservations, covenants, conditions, restrictions and other interests <br /> affecting the Site as set forth in the City Deed or other recorded instrument. Such Certificate of <br /> Completion shall not constitute evidence of compliance with or satisfaction of any obligations of <br /> Developer to any holder of a Mortgage or any insurer of a Mortgage securing money loaned to <br /> fmance the Project or any portion thereof. <br /> ' ARTICLE 5 <br /> SPECIAL DEVELOPMENT COVENANTS OF THE DEVELOPER <br /> 5.1 No Conveyance to Tax Exempt Entity. <br /> 5.1.1 Covenant. The Developer covenants and agrees that during the <br /> Covenant Period, neither the Developer, nor its successors or assigns shall Transfer all or any <br /> portion of the Site or the Project to any Person or use all or any portion of the Site or the Project <br /> for any use, that is partially or wholly exempt from the payment of property taxes or that would <br /> cause the exemption of the payment of all or any portion of property taxes otherwise assessable <br /> regarding the Site or the Project, without the prior written consent of the City, prior to the <br /> expiration of the Covenant Period. <br /> 5.1.2 Covenant Runnin�with the Land. The covenants of this Section 5.1 <br /> shall run with the land, binding successive owners of the Site from the Close of Escrow until the <br /> end of the Covenant Period, and shall be enforceable by the City. <br /> 38 <br /> 2013.118/BLOCK 2 HUNTER STORM <br /> REV:07-26-13 PT <br />
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