Common use of Representations by the District Clause in Contracts

Representations by the District. As of the effective date of this Agreement, the (a) The District is a community improvement district and political subdivision, duly organized and existing under the laws of the State, including particularly the CID Act. (b) By proper action of its Board of Directors, the District is authorized to enter into this Agreement and to carry out its obligations under this Agreement, the Chair of the District has been duly authorized to execute and deliver this Agreement on behalf of the District and the District’s Secretary has been duly authorized to attest to this Agreement. (c) The execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement, and the performance of or compliance with the terms and conditions of this Agreement by the District will not conflict with or result in a breach of any of the terms, conditions or provisions of, or constitute a default under, any mortgage, deed of trust, lease or any other restriction or any agreement or instrument to which the District is a party or by which it or any of its property is bound, or any order, rule or regulation of any court or governmental body applicable to the District or any of its property, or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the District under the terms of any instrument or agreements to which the District is a party. (d) There is no litigation or proceeding pending or, to the District’s knowledge, threatened against the District affecting the right of the District to execute or deliver this Agreement or the ability of the District to comply with its obligations under this Agreement or which would materially adversely affect its financial condition. (e) Construction of the District Project is of significant value to the District, the property within the District and the general public. The District Project will promote the economic welfare and the development of the City and the State through: (i) the creation of temporary and permanent jobs; (ii) stimulating development within the District; and (iii) increasing local and state tax revenues. Further, the District finds that the District Project conforms to the purposes of the CID Act.

Appears in 1 contract

Samples: Development Agreement

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Representations by the District. As of the effective date of this Agreement, theThe District represents that: (a) A. The District is a community improvement district and political subdivision, duly organized and existing under the laws of the StateState of Missouri, including particularly the CID Act. (b) By proper action of its Board of Directors, the B. The District is authorized has authority to enter into this Agreement and to carry out its obligations under this Agreement. By proper action of its Board of Directors, the Chair of the District has been duly authorized to execute and deliver this Agreement on behalf of the District Agreement, acting by and the District’s Secretary has been through its duly authorized to attest to this Agreementofficers. (c) C. The execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement, Agreement and the performance of or compliance with the terms and conditions of this Agreement by the District will not conflict with or result in a breach of any of the terms, conditions conditions, or provisions of, or constitute a default under, any mortgage, deed of trust, lease lease, or any other restriction or any agreement or instrument to which the District is a party or by which it or any of its property is bound, or any order, rule rule, or regulation of any court or governmental body applicable to the District or any of its property, or result in the creation or imposition of any prohibited lien, charge charge, or encumbrance of any nature whatsoever upon any of the property or assets of the District under the terms of any instrument or agreements to which the District is a party. (d) D. There is no litigation or proceeding pending or, to the District’s knowledge, or threatened against the District affecting the right of the District to execute or deliver this Agreement or the ability of the District to comply with its obligations under this Agreement or which would materially adversely affect its financial condition. (e) Construction E. The District acknowledges that the funding and construction of the District CID Project is of significant value to the District, the property within the District and the general public. The District finds and determines that the CID Project is reasonably anticipated to assist in the remediation of blighting conditions within the District and will promote serve a public purpose by assisting in the remediation of blighting conditions and by the promotion of the economic welfare and the development of the City of Joplin and the State of Missouri through: (i) the creation of temporary and permanent jobs; (ii) stimulating additional development within in the Districtarea near the CID Project; and (iii) increasing local and state tax revenues; and (iv) providing necessary public infrastructure for the redevelopment of the District Area and other surrounding development. Further, the District finds that the District CID Project conforms to the purposes of the CID Act.

Appears in 1 contract

Samples: Cooperative Agreement

Representations by the District. As of the effective date of this Agreement, theThe District represents that: (a) A. The District is a community improvement district and political subdivision, duly organized and existing under the laws of the StateState of Missouri, including particularly the CID Act. (b) By proper action of its Board of Directors, the District is authorized B. The CID has authority to enter into this Agreement and to carry out its obligations under this Agreement. By proper action of District’s Board of Directors (the “Board”), the Chair of the District has been duly authorized to execute and deliver this Agreement on behalf of the District Agreement, acting by and the District’s Secretary has been through its duly authorized to attest to this Agreementofficers. (c) C. The execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement, Agreement and the performance of or compliance with the terms and conditions of this Agreement by the District will not conflict with or result in a breach of any of the terms, conditions or provisions of, or constitute a default under, any mortgage, deed of trust, lease or any other restriction or any agreement or instrument to which the District is a party or by which it or any of its property is bound, or any order, rule or regulation of any court or governmental body applicable to the District or any of its property, or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the District under the terms of any instrument or agreements to which the District is a party. (d) D. There is no litigation or proceeding pending or, to the District’s its knowledge, threatened against the District affecting the right of the District to execute or deliver this Agreement or the ability of the District to comply with its obligations under this Agreement or which would materially adversely affect its financial condition. (e) Construction E. Consideration and public benefit: The District acknowledges that construction of the District CID Project is of significant value to the District, the property within the District and the general public. The District finds and determines that the CID Project will promote the economic welfare and the development of the City and the State of Missouri through: (i) the creation of temporary and permanent jobs; (ii) stimulating additional development within in the Districtarea near the CID Project; and (iii) increasing local and state tax revenues; and (iv) providing necessary parking and other infrastructure improvements for the Development and other surrounding development. Further, the District finds that the District CID Project conforms to the purposes of the CID Act.

Appears in 1 contract

Samples: Cooperative Agreement

Representations by the District. As of the effective date of this Agreement, theThe District represents that: (a) A. The District is a community improvement district and political subdivision, duly organized and existing under the laws of the StateState of Missouri, including particularly the CID Act. (b) By proper action of its Board of Directors, the B. The District is authorized has authority to enter into this Agreement and to carry out its obligations under this Agreement. By proper action of District’s Board of Directors (the “Board”), the Chair of the District has been duly authorized to execute and deliver this Agreement on behalf of the District Agreement, acting by and the District’s Secretary has been through its duly authorized to attest to this Agreementofficers. (c) C. The execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement, Agreement and the performance of or compliance with the terms and conditions of this Agreement by the District will not conflict with or result in a breach of any of the terms, conditions or provisions of, or constitute a default under, any mortgage, deed of trust, lease or any other restriction or any agreement or instrument to which the District is a party or by which it or any of its property is bound, or any order, rule or regulation of any court or governmental body applicable to the District or any of its property, or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the District under the terms of any instrument or agreements to which the District is a party. (d) D. There is no litigation or proceeding pending or, to the District’s its knowledge, threatened against the District affecting the right of the District to execute or deliver this Agreement or the ability of the District to comply with its obligations under this Agreement or which would materially adversely affect its financial condition. (e) Construction E. The District acknowledges that construction of the District Project CID Projects is of significant value to the District, the property within the District and the general public. The District Project finds and determines that the CID Projects will promote the economic welfare and the development of the City and the State of Missouri through: (i) the creation of temporary and permanent jobs; (ii) stimulating development within the District; and (iii) increasing local and state tax revenues. Further, the District finds that the District Project conforms to the purposes of the CID Act.;

Appears in 1 contract

Samples: Cooperative Agreement

Representations by the District. As of the effective date of this Agreement, thethe District represents that: (a) The District is a community improvement district and political subdivision, duly organized and existing under the laws of the State, including particularly the CID Act. (b) By proper action of its Board of Directors, the District is authorized to enter into this Agreement and to carry out its obligations under this Agreement, the Chair of the District has been duly authorized to execute and deliver this Agreement on behalf of the District and the District’s Secretary has been to carry out its obligations hereunder, acting by and through its duly authorized to attest to this Agreementofficers. (c) The execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement, and the performance of or compliance with the terms and conditions of this Agreement by the District will not conflict with or result in a breach of any of the terms, conditions or provisions of, or constitute a default under, any mortgage, deed of trust, lease or any other restriction or any agreement or instrument to which the District is a party or by which it or any of its property is bound, or any order, rule or regulation of any court or governmental body applicable to the District or any of its property, or result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of the District under the terms of any instrument or agreements to which the District is a party. (d) There is no litigation or proceeding pending or, to the District’s knowledge, threatened against the District affecting the right of the District to execute or deliver this Agreement or the ability of the District to comply with its obligations under this Agreement or which would materially adversely affect its financial condition. (e) Construction of the District Project is of significant value to the District, the property within the District and the general public. The District Project will promote the economic welfare and the development of the City and the State through: (i) the creation of temporary and permanent jobs; (ii) stimulating development within the District; and (iii) increasing local and state tax revenues. Further, the District finds that the District Project conforms to the purposes of the CID Act.;

Appears in 1 contract

Samples: Development Agreement

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Representations by the District. As of the effective date of this Agreement, theThe District represents that: (a) A. The District is a community improvement district and political subdivision, duly organized and existing under the laws of the StateState of Missouri, including particularly the CID Act. (b) By proper action of its Board of Directors, the B. The District is authorized has authority to enter into this Agreement and to carry out its obligations under this Agreement. By proper action of its Board of Directors, the Chair of the District has been duly authorized to execute and deliver this Agreement on behalf of the District Agreement, acting by and the District’s Secretary has been through its duly authorized to attest to this Agreementofficers. (c) C. The execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement, Agreement and the performance of or compliance with the terms and conditions of this Agreement by the District will not conflict with or result in a breach of any of the terms, conditions conditions, or provisions of, or constitute a default under, any mortgage, deed of trust, lease lease, or any other restriction or any agreement or instrument to which the District is a party or by which it or any of its property is bound, or any order, rule rule, or regulation of any court or governmental body applicable to the District or any of its property, or result in the creation or imposition of any prohibited lien, charge charge, or encumbrance of any nature whatsoever upon any of the property or assets of the District under the terms of any instrument or agreements to which the District is a party. (d) D. There is no litigation or proceeding pending or, to the District’s knowledge, or threatened against the District affecting the right of the District to execute or deliver this Agreement or the ability of the District to comply with its obligations under this Agreement or which would materially adversely affect its financial condition. (e) Construction of the District Project is of significant value to the District, the property within the District and the general public. The District Project will promote the economic welfare and the development of the City and the State through: (i) the creation of temporary and permanent jobs; (ii) stimulating development within the District; and (iii) increasing local and state tax revenues. Further, the District finds that the District Project conforms to the purposes of the CID Act.

Appears in 1 contract

Samples: Cooperative Agreement

Representations by the District. As of the effective date of this Agreement, theThe District represents that: (a) A. The District is a community improvement district and political subdivision, duly organized and existing under the laws of the StateState of Missouri, including particularly the CID Act. (b) By proper action of its Board of Directors, the B. The District is authorized has authority to enter into this Agreement and to carry out its obligations under this Agreement. By proper action of its Board of Directors, the Chair of the District has been duly authorized to execute and deliver this Agreement on behalf of the District Agreement, acting by and the District’s Secretary has been through its duly authorized to attest to this Agreementofficers. (c) C. The execution and delivery of this Agreement, the consummation of the transactions contemplated by this Agreement, Agreement and the performance of or compliance with the terms and conditions of this Agreement by the District will not conflict with or result in a breach of any of the terms, conditions conditions, or provisions of, or constitute a default under, any mortgage, deed of trust, lease lease, or any other restriction or any agreement or instrument to which the District is a party or by which it or any of its property is bound, or any order, rule rule, or regulation of any court or governmental body applicable to the District or any of its property, or result in the creation or imposition of any prohibited lien, charge charge, or encumbrance of any nature whatsoever upon any of the property or assets of the District under the terms of any instrument or agreements to which the District is a party. (d) D. There is no litigation or proceeding pending or, to the District’s knowledge, or threatened against the District affecting the right of the District to execute or deliver this Agreement or the ability of the District to comply with its obligations under this Agreement or which would materially adversely affect its financial condition. (e) Construction E. The District acknowledges that the funding and construction of the District Project CID Improvements is of significant value to the District, the property within the District and the general public. The District Project will promote the economic welfare and the development of the City and the State through: (i) the creation of temporary and permanent jobs; (ii) stimulating development within the District; and (iii) increasing local and state tax revenues. Further, the District finds that the District Project conforms to the purposes of the CID Act.

Appears in 1 contract

Samples: Cooperative Agreement

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