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Agreement which are applicable to the ownership, development and <br /> use of the Site, including but not limited to, the Scope of <br /> Development (Exhibit "E" ) and the Schedule of Performance <br /> (Exhibit "C" ) , as amended from time to time. <br /> 2. RFS acknowledges and agrees that the Agency among its <br /> other rights has the right to reenter, repossess, terminate and <br /> revest the Site pursuant to Section 7. 4 of the Redevelopment <br /> Agreement. <br /> 3. RFS hereby represents and warrants to the Agency that <br /> its purchase of the Site from H.G.H. and the redevelopment of the <br /> Site is being done in conjunction with the development of the <br /> Site and not for the purpose of speculation in land holdings. <br /> 4 . RFS hereby represents and warrants to the Agency that <br /> RFS is a financially responsible entity with the requisite <br /> experience and ability to develop and operate the improvements <br /> contemplated by the Agreement and the Scope of Development for <br /> the Site. <br /> 5. The Agency hereby consents to the assignment by H.G.H. <br /> to RFS of all H.G.H. ' s right, title and interest in, to and under <br /> the Redevelopment Agreement, including, but not limited to, all <br /> rights and entitlements which have accrued or shall hereafter <br /> accrue in favor of the "Redeveloper" under the Redevelopment <br /> Agreement, and the assumption by RFS of all of the obligations <br /> and responsibilities of the "Redeveloper" thereunder . The <br /> foregoing consent of the Agency and any obligations of RFS under <br /> the Redevelopment Agreement shall be effective upon the <br /> conveyance of the Site from H.G.H. to RFS, or if such conveyance <br /> has already occurred, upon the execution of this Agreement by all <br /> parties ( "effective date" ) . <br /> 6. RFS and the Agency acknowledge and agree that upon the <br /> effective date of this Agreement RFS will deposit with the Agency <br /> the good faith deposit in the form and amount required by Section <br /> 3.6 of the Redevelopment Agreement, as amended, and that the <br /> Agency shall retain and use such good faith deposit in accordance <br /> with said Section 3.6 . <br /> 7 . The Agency hereby acknowledges and agrees that this <br /> Agreement, the representations and warranties set forth herein, <br /> and all rights and obligations of the parties accruing hereunder <br /> shall not become effective prior to the conveyance of the Site <br /> from H.G.H. to RFS <br /> 8. The Agency hereby represents and warrants to H.G.H. and <br /> RFS the following. <br /> -2- <br />