Laserfiche WebLink
<br />Revised Statutes of Missouri, 1978, or said ordinance. A breach of any covenant <br />or obligation imposed by Chapter 353 of the Revised Statutes of Missouri, 1978, <br />as amended, by any owner will not constitute a breach by any other owner in the <br />Development Area, and each parcel of property will be treated separately for this <br />purpose. <br /> <br />(e) Currently Exempt Property. Any real property within the <br />Development Area which is otherwise exempt from property taxes pursuant to <br />Section 137.100(5), RSMo. 2000, shall not be affected by Section 15 hereof. <br /> <br />16. Earnings Limitation on Development. The net earnings of Developer from the <br />Development shall be limited as provided in Section 353.030 of the Revised Statutes of <br />Missouri, 2000, as amended, and Developer shall comply in all respects with the <br />provisions of Section 353.030 of the Revised Statutes of Missouri, 2000, as amended. <br /> <br />In addition to all other applicable laws, no dividend shall be distributed to the <br />shareholders of the Developer unless and until a Certificate of Completion has been <br />issued by the City. <br /> <br />17. Developer's Right to Transfer Property. Developer reserves the right to sell, <br />assign, transfer, lease, mortgage and convey any property or any part thereof or interest <br />therein which it may acquire within the Redevelopment Area, to any person, corporation, <br />partnership, public authority, joint venture or other entity, including, without limitation, <br />any affiliate of Developer, either before or after completion of the development activities <br />as herein provided. In the event of the conveyance, by sale or otherwise, of all or a part of <br />the Redevelopment Area, or the Development thereon, within five (5) years of the <br />effective date of the Ordinance approving the Development Plan and of which this <br />Agreement is a part, Developer, its successors and assigns, covenants that it shall notify <br />the City at least fifteen (15) days in advance of the closing of such sale or conveyance. <br />All such transfers prior to completion of the acquisition, construction and completion of <br />improvements to the Redevelopment Area, however, shall be subject to the requirements <br />of the Development Plan, this Agreement and the ordinance of which this Agreement is a <br />part, to complete the development activities called for in the Development Plan with <br />respect to such property. All such transfers, before or after completion of the <br />development activities, shall be subject to the covenants set forth in Section 23 of this <br />Agreement. <br /> <br />18. Performance Bonding. Developer has demonstrated its financial capability to <br />undertake and complete the acquisition of the Redevelopment Area. The covenants of <br />Developer contained herein are therefore deemed sufficient to assure acquisition of the <br />Redevelopment Area and there shall be no requirement for performance bond or other <br />surety respecting acquisition of the Redevelopment Area or performances required by <br />this Agreement. <br /> <br />19. LiQuidated Damages. Notwithstanding the City's right to terminate for <br />substantial non-compliance consistent with Paragraph 10 hereof, liquidated damages in <br /> <br />5 <br />