Representations and Covenants of the City. The City represents and covenants as follows:
Representations and Covenants of the City. In order to enable the Company, the City, and the District to enter into this Agreement and for the Company to develop the Travel Center, the City represents and covenants as follows:
(a) The City has the authority to enter into this Agreement and all other documents contemplated hereby, and to carry out the terms hereof.
(b) The City is a body corporate and politic and a political subdivision of the State. The City is in full compliance with all of the terms and conditions of this Agreement and no default hereunder has occurred and is continuing, and no event, act or omission has occurred and is continuing which, with the lapse of time, the giving of notice, or both, would constitute such a default.
(c) The City has determined the development of the Travel Center and Development will serve a public purpose and that the City will receive real and substantial Economic Benefits in exchange for any payment obligations required from the City hereby.
(d) The City has taken or caused to be taken all necessary and proper action to authorize the execution, issuance, and delivery of and the performance of its obligations under this Agreement and any and all instruments and documents required to be executed or delivered pursuant hereto or in connection herewith.
(e) The execution and delivery of this Agreement and all other documents contemplated hereby and the performance by the City of its obligations hereunder and thereunder will not conflict with or constitute a breach of or default under any bond, debenture, note, or other evidence of indebtedness or any contract, loan agreement, or lease to which the City is a party or by which it is bound, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the property or assets of the City pursuant to any other instrument other than as contemplated by this Agreement.
(f) The City has authorized the execution, delivery, and due performance of this Agreement and the taking of any and all action required of the City to carry out, give effect to, and consummate the transactions contemplated hereby have been taken, granted, or received. This Agreement constitutes a valid and legally binding obligation of the City.
(g) There is no action, suit, investigation, or proceeding pending of which the City has been served notice, or to its best knowledge, threatened, against the City, before any court, arbitrator, or administrative or governmental body, or insurance underwriting agency which could reas...
Representations and Covenants of the City. The City represents and covenants that:
(a) It is a municipal corporation duly organized and validly existing under the Constitution and applicable laws of the State and its Charter.
(b) It is not in violation of or in conflict with any provisions of the laws of the State or of the United States of America applicable to it that would impair its ability to carry out its obligations contained in this Agreement.
(c) It is legally empowered to execute, deliver and perform this Agreement and to enter into and carry out the transactions contemplated by this Agreement. That execution, delivery and performance does not and will not violate or conflict with any provision of law applicable to it, including its Charter, and does not and will not conflict with or result in a default under any agreement or instrument to which it is a party or by which it is bound.
(d) This Agreement has, by proper action, been duly authorized, executed and delivered by it and all steps necessary to be taken by it have been taken to constitute this Agreement, and its covenants and agreements contemplated herein, as its valid and binding obligations, enforceable in accordance with their terms.
(e) There is no litigation pending or threatened against or by it wherein an unfavorable ruling or decision would materially adversely affect its ability to carry out its obligations under this Agreement.
(f) It will do all things in its power in order to maintain its existence or assure the assumption of its obligations under this Agreement by any successor public body.
(g) Ordinance No. 2015-O- passed by City Council on , 2015, authorizing the execution and delivery of this Agreement, has been duly passed and is in full force and effect as of the Effective Date.
Representations and Covenants of the City. The City represents and covenants to the Board and the Trustee as follows:
Representations and Covenants of the City. The City represents and covenants to the Trustee, to the extent allowed by law and subject to renewal of this Lease and Appropriation as set forth in Article 6 hereof, as follows:
(a) The City is a home rule municipal corporation duly organized and existing within the State under the Constitution and laws of the State and its Charter. The City is authorized to enter into this Lease and the Site Lease and to carry out its obligations under this Lease and the Site Lease. The City has duly authorized and approved the execution and delivery of this Lease, the Site Lease and all other documents related to the execution and delivery of this Lease and the Site Lease.
(b) The City owns the Leased Property and the Trustee has a leasehold interest in the Leased Property pursuant to the Site Lease.
(c) The leasing of the Leased Property to the Trustee pursuant to the Site Lease and the leasing or subleasing of the Leased Property from the Trustee, under the terms and conditions provided for in this Lease, and the implementation of the Project by the City, are necessary, convenient and in furtherance of the City’s governmental purposes and are in the best interests of the citizens and inhabitants of the City. The City will apply the net proceeds derived from the proceeds of the Certificates to effectuate the Project.
(d) Neither the execution and delivery of this Lease or the Site Lease, nor the fulfillment of or compliance with the terms and conditions of this Lease or the Site Lease, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the City is now a party or by which the City or its property is bound, or violates any statute, regulation, rule, order of any court having jurisdiction, judgment or administrative order applicable to the City, or constitutes a default under any of the foregoing, or results in the creation or imposition of any lien or encumbrance whatsoever upon any of the property or assets of the City, except for Permitted Encumbrances.
(e) The City agrees that, except for non-renewal and nonappropriation as set forth in Article 6 hereof, if the City fails to perform any act which the City is required to perform under this Lease, the Trustee may, but shall not be obligated to, perform or cause to be performed such act, and any reasonable expense incurred by the Trustee in connection therewith sha...
Representations and Covenants of the City. (a) The City shall cooperate with the Developer to facilitate the issuance of such building permits and approvals as may be necessary for the development and operation of the Property as contemplated herein. The City shall not be required to provide any funds to the Developer.
(b) As lessees of the State of Illinois property on the west side of Xxxxxxx Street, which is operated, in part by the Joliet Area Historical Museum, the City acknowledges that there will need to be collaboration between the Joliet Area Historical Museum and the Developer to insure both parties maintain quiet enjoyment of their respective business interests. The City shall promote and xxxxxx an atmosphere of cooperation in which both entities shall promote the mutual success of one another.
(c) The City shall grant Developer the right to locate waste receptacles in an area mutually agreed upon by the Parties. The use of such receptacles shall be for the Developer, and such service shall be funded by the Developer.
Representations and Covenants of the City. In order to enable Contractor and the City to enter into this Agreement and Contractor to undertake the Project, the City represents and covenants as follows:
A. The City has determined that the Project serves a public purpose and that the Reimbursement Obligation required from the City hereby is less than the financial benefits to be received by the City from the Project.
B. The City agrees to adopt all proceedings necessary and incidental to the authorization, execution and delivery of this Agreement.
Representations and Covenants of the City. The City hereby represents to the Remarketing Agent as follows:
Representations and Covenants of the City. The City represents and covenants to Masland as follows:
5.1.1 The City has the full power and authority to enter into this Agreement, to use its respective best efforts to ensure delivery of the incentives obligated by agencies other than the City, and to carry out its respective obligations hereunder.
5.1.2 There is no action or proceeding pending or, insofar as such City knows, threatened against the City which could impact upon such City’s right, power, and authority to enter into this Agreement or to otherwise carry out its respective obligations hereunder.
5.1.3 Each Service provided by or for the City under this Agreement will be performed in compliance with applicable laws, rules, and regulations.
Representations and Covenants of the City. The City shall cooperate with the Developer to facilitate the issuance of such building permits and approvals as may be necessary for the development and operation of the Property as contemplated herein. The City shall not be required to provide any funds to the Developer other than the TIF Funds as set forth herein. The City shall not be obligated or liable to the Developer or any other party if the payment of TIF Funds to the Developer as contemplated by this Agreement is determined by a competent authority to be in violation of law and in such case the Developer shall remit to the City all TIF Funds found to have been previously distributed in violation of law.