Laserfiche WebLink
202105739 <br />Documents. Owner acknowledges and agrees that it will fully comply with, and cooperate with the <br />Authority, City and Developer to ensure full compliance with, all requirements and obligations associated <br />with the Redevelopment Documents burdening the Owner Property and the Master Project. Owner's <br />cooperation shall include without (imitation: (a) compliance with the obligations of the Redevelopment <br />Documents; (b) execution of such authorizations or other documents as the Authority, City or Developer <br />shall request in connection with the Redevelopment Documents, within five (5) business days of any such <br />request; (c) furnishing to the Authority, City and Developer Owner's business name, address, and federal <br />and state identification numbers, and any additional business information requested, within five (5) business <br />days of any such request (the "Business Information"); (d) account for, collect and remit any Enhanced <br />Employment Act Tax Revenues in compliance with the Redevelopment Documents and the law; (e) prepare <br />and file accurate and complete sales and use tax returns, which shall include Enhanced Employment Act <br />Tax Revenues; (f) provide to the Authority, City and Developer, as well as any bond trustee, upon request, <br />sales tax reports or receipts of Owner filed with the Nebraska Department of Revenue, within five (5) <br />business days of any such request; and (g) authorize the Authority or City to obtain sales tax reports or <br />receipts of Owner from the Nebraska Department of Revenue, within five (5) business days of any such <br />request. Owner waives any right to protest or appeal the assessment or valuation of general or special real <br />estate taxes of the Owner Property during the term of the Redevelopment Documents. Notwithstanding <br />anything to the contrary contained in the Redevelopment Documents, Owner agrees that Owner shall have <br />no right to any Enhanced Employment Act Tax Revenues or to any TIF Revenues under the Redevelopment <br />Documents (the "Revenues") and Owner assigns all right, title and interest in the Revenues to Developer. <br />The intent of the parties is for the rights to all Revenues under the Redevelopment Documents to remain <br />the right and property of Developer, its successors and assigns. In addition to all of rights and remedies of <br />Developer under this Agreement, Owner hereby appoints Developer as its attorney-in-fact to carry out the <br />provisions of this Section 10 and to take any action and execute any document which Developer may deem <br />necessary or advisable to accomplish the purposes hereof, which appointment is irrevocable and coupled <br />with an interest. The obligations of Owner under this Section 10 shall run with the land and be binding <br />upon Owner and its successors and assigns in the Owner Property. All capitalized terms not otherwise <br />defined in this Section 10 are defined in the Redevelopment Documents. <br />11. COVENANTS TO RUN WITH LAND. Except as otherwise provided herein, each and <br />all of the covenants, restrictions, conditions and provisions contained in this Agreement, whether of an <br />affirmative or negative nature, (a) are made for the direct and mutual benefit of the Owner Property and the <br />Developer's Property, and each and every portion thereof, and constitute covenants running with the land; <br />(b) shall bind every owner of a portion of the Owner Property and the Developer's Property to the extent <br />that such portion is affected or hound by the covenants, conditions or restrictions to be performed on behalf' <br />of such portion and their respective successors and assigns: and (c) inure to the benefit of the parties and <br />their respective successors and assigns, the owner(s) from time to time of the Developer's Property and the <br />owner(s) from time to time of adjoining properties now or hereafter owned by Developer. The rights of the <br />"Developer" under this Agreement may be assigned from time to time in accordance with the Declaration <br />and the "Developer" under this Agreement shall always be the same entity as the "Developer" under the <br />Declaration. <br />12. TERM. Except as otherwise provided herein, this Agreement and each and every covenant <br />and condition hereof shall continue in perpetuity. <br />13. RIGHT T'O MODIFY. This Agreement may be terminated, extended, modified or <br />amended by Owner and Developer, or their respective successors and assigns, by written agreement signed <br />by the parties to be bound by the amendment and recorded in the office of the Recorder of Deeds for Hall <br />County, Nebraska. <br />10 <br />