Covenants of City. During the Term of this Agreement, City hereby covenants and agrees with Owner as follows:
Covenants of City. City hereby covenants and agrees as follows:
Covenants of City. City covenants and agrees:
5.1 To accept and perpetually maintain the Public Improvements within the boundaries of the Subdivision upon the acceptance of the Improvements and after the completion of the one (1) year maintenance period.
5.2 That, if the provisions of Sections 6.1, 6.2 and 6.3 below are not applicable, upon completion of the Improvements, and upon approval of the Subdivision by City Council, all of which must be in accordance with the provisions of this Agreement, it will permit connections to City’s water and sewer systems with respect to the Lots in the Subdivision.
5.3 That, if the provisions of Sections 6.1, 6.2 and 6.3 below are applicable, it will issue building permits for the construction of residences on Lots located in the Subdivision, and will make all customary building inspections during the construction thereof, but City will be authorized to withhold the issuance of certificates of occupancy for building structures constructed on Lots until (i) all supporting improvements for the Lots have been constructed and approved by City; and (ii) the final Plat has been recorded.
Covenants of City. In addition to all other covenants provided by City elsewhere in this Agreement, City also agrees as to the following:
(a) to consult with Chamber regarding the performance of maintenance or construction upon the Premises or other portions of the Corn Palace, the undertaking of which may disrupt Chamber’s operations; and to the extent reasonably possible, will undertake any such construction during a time and in a manner that will not interfere with the Summer Season operations;
(b) to secure the Premises when the Chamber business is not open to the public. Chamber understands that the Corn Palace will at all times, as deemed appropriate by the City, be accessible to City workers, repairmen, maintenance personnel and other authorized personnel;
(c) to refrain from selling Corn Palace related souvenirs in the Corn Palace or online except as permitted by Sections 6 and 8 of this Agreement or as may be further agreed by the parties upon unanimous, signed agreement of the Corn Palace Director and City Administrator on behalf of the City and the Chamber Executive Director and Chamber Enterprise Director.
(d) will be responsible for directing or supervising work and activities of City employees working within the Corn Palace; and
(e) will address any concerns it has regarding Chamber staff through a designated Chamber staff member.
Covenants of City. The City grants Contractor the sole and exclusive right to place Signs in the City's now existing and future Parking Ramps. The City covenants and agrees that so long as this Agreement remains in effect it shall not contract with any other person or entity for any of the services contemplated by this Agreement. The City further covenants and agrees that this Agreement is not only an exclusive agency agreement, but also an exclusive rights agreement between the parties.
Covenants of City. City hereby covenants and agrees that it shall take appropriate action within its authority to protect the rights and privileges demised and granted to the automobile rental Concessionaire or concessionaires under this and similar agreements. City agrees that it will not authorize or knowingly permit the solicitation or transaction of automobile rental business on the Airport premises, including but not limited to advertising displays; by any person or organization whatsoever, other than the said automobile rental concessionaires. City further agrees to instruct all of its employees and all concessionaires having contact or dealing in any way with members of the general public on the Airport: (1) to refer all requests for automobile rental services to one of the said authorized automobile rental services for which the customer shall indicate a preference, and to no other, and (2) to refer requests for automobile rental services where no preference is indicated only to the Airport automobile rental concessionaires located in the terminal building without favoring one over the other. Nothing in this Article shall entitle Concessionaire to damages in the event City fails to enforce strict compliance with this provision. Concessionaire acknowledges that nothing herein prohibits City from entering into contracts with limousine, taxicab, or other ground transportation network companies or allowing such companies to provide services at the Airport.
Covenants of City. The City covenants and agrees with the Escrow Agent as follows:
Section 4.01. The Escrow Agent shall have no responsibility or liability whatsoever for
(a) any of the recitals of the City herein, (b) the performance of or compliance with any covenant, condition, term or provision of the Certificate Ordinance, and (c) any undertaking or statement of the City hereunder or under the Certificate Ordinance.
Section 4.02. All payments to be made by, and all acts and duties required to be done by, the Escrow Agent under the terms and provisions of this Agreement, shall be made and done by the Escrow Agent without any further direction or authority of the City or the City Treasurer.
Section 4.03. The City will take no action regarding the proceeds of the Certificates which would cause the Certificates to be classified as “arbitrage bonds” under the Code, and the City will take any and all further action necessary to ensure that adequate provision is made for the payment of the Refunded Certificate and that neither the Refunded Certificate nor the Certificates are classified as “arbitrage bonds” under the Code.
Covenants of City. (a) The City covenants and agrees to use its best efforts (i) to take or cause to be taken and (ii) to cause the other City Parties to use their best efforts to take or cause to be taken (and shall cooperate with the Developer to enable the Developer to take or cause to be taken) all actions necessary or desirable under statutes, regulations and rules applicable to the Project, and to execute and deliver or cause to be executed and delivered (and shall cooperate with the Developer to enable the Developer to execute and deliver or cause to be executed and delivered) such City Papers and other papers as may be necessary or desirable under such statutes, regulations and rules to assist and permit the Developer to develop the Project, and receive the benefit of payments on the Bond.
(b) The City covenants and agrees that:
(i) the Developer and the Developer Parties will not be liable for or with respect to the issuance or payment of the Bond (other than payment of taxes levied on their property in the Allocation Area, subject to their rights as taxpayers and otherwise under Indiana law); and
(ii) the Project will not be pledged, directly or indirectly, to secure the Bond or any obligations relating to the Bond.
(c) The City covenants to use its best efforts during the Bond Term to capture sufficient incremental assessed value in the Allocation Area to generate Net TIF Revenues sufficient to make all required payments on the Bonds.
(d) So long as the Bonds remains outstanding, the City and the RDC each agree that it will not pledge TIF Revenues to additional obligations of the City or the RDC.
Covenants of City. 4.1 City shall provide the Property with water and wastewater service pursuant to the City Code upon completion of the Improvements.
4.2 City shall accept and perpetually maintain the Improvements upon the acceptance of the Improvements and after the completion of the one (1) year maintenance period.
4.3 If City requests that Developer oversize Improvements pursuant to paragraph 3.14, City shall pay to Developer, within 60 days following Developer’s completion of the Improvements, the amount by which the cost of the oversized Improvements exceeded the cost of the Improvements prior to the oversizing.
Covenants of City. 6.01 Subject to BTX complying with its duties and obligations under this Agreement, the City agrees to the following for all phases of the Development:
(A) Work with BTX to secure preliminary platting, final platting and the Concept Plan for all phases of the Development.
(B) Reimburse BTX for the actual cost of the Build-Ready Improvements, not to exceed One Hundred Thousand Dollars ($100,000.00) upon substantial completion and submission of proof of construction costs acceptable to the City.
(C) Participation in the construction cost of Buildings 3, 4, and 5 in accordance with the Construction Contract.
(D) Reimburse BTX for the cost to bury power lines at the Property not to exceed Three Hundred Thousand Dollars ($300,000.00) upon submittal of proof of the Capital Investment reasonably satisfactory to the City.
(E) Contribute up to Sixty Thousand Dollars ($60,000.00) for the construction of the Public Parking Lot Connection.
(F) Cause an environmental study known as a Phase 1 to be conducted for the Property at City’s own expense and share the report with BTX. Should environmental remediation be required, the parties may negotiate allocation of the cost or seek termination of the Agreement by the remedies provided herein.
(G) Upon request by BTX, reimburse BTX for the actual cost of removal of the existing building at 114 X. Xxxxxxx on the Property including costs of abatement, demolition and site clean-up at a not-to-exceed price of $100,000, upon proof of costs reasonably satisfactory to the City.
(H) Waive building permit fees associated with the Development for all occupants which will include water tap, inspection, and any other associated costs, excluding impact fees for water and sewer. The Development is recognized as exempt from roadway impact fees.
(I) Review and approve pedestrian improvements for the Public Parking Lot Connection.
(J) Program the Plaza with activities that bring traffic and events to the Property, particularly during off-peak times.
(K) Conduct and deliver a parking study to evaluate long-term needs and affirm the City’s commitment to adding new spaces to support growing demand.
(L) Demolish the structure located at 000 Xxxx Xxxxxx Xxxxxx and pave for parking within twelve months of the issuance of a certificate of occupancy for City-Owned Offices.
(M) Recognize and abide by the covenants of the property owners association established for all buildings on the Property, as reasonably approved by the City.
(N) Make available t...
