Common use of Purpose of Restrictions on Transfer Clause in Contracts

Purpose of Restrictions on Transfer. This Agreement is granted to Developer solely for the purpose of development and operation of the Improvements, and its subsequent use in accordance with the terms of this Agreement, and not for speculation in landholding. Developer recognizes that, in view of the following factors, the qualifications and identity of Developer are of particular concern to the community and City: (a) The importance of the development of the Improvements to the general welfare of the community; and (b) The fact that a Transfer as defined in Section 6.1 above is for practical purposes a transfer or disposition of the fee interest in the properties then owned by Developer; and (c) The fact that the Dealership Development Parcel and the Improvements are not to be acquired, developed or used for speculation, but only for development and operation by Developer in accordance with this Agreement and the Dealership Operating Covenant; (d) The reliance by the City upon the unique qualifications and ability of Developer to serve as the catalyst for development of the properties and upon the continuing interest which Developer will have in the properties to assure the quality of the use, operation and maintenance deemed critical by the City in the development of the properties; and (e) The fact that a change in ownership or control of the owner of any portion the properties, or of a substantial part thereof, or any other act or transaction involving or resulting in a significant change in ownership or with respect to the identity of the parties in control of Developer or the degree thereof is for practical purposes a transfer or disposition of the properties.

Appears in 1 contract

Sources: Disposition and Development Agreement

Purpose of Restrictions on Transfer. (a) This Agreement is granted to Developer entered into solely for the purpose of the development and operation of the Improvements, Development and its subsequent use in accordance with the terms of this Agreement, and not for speculation in landholdinghereof. The Developer recognizes that, in view of the following factors, that the qualifications and identity of Developer are of particular concern to the community and City, in view of: (a1) The importance of the development redevelopment of the Improvements Property to the general welfare of the community; and (b) The fact that a Transfer as defined in Section 6.1 above is for practical purposes a transfer or disposition of the fee interest in the properties then owned by Developer; and (c) The fact that the Dealership Development Parcel and the Improvements are not to be acquired, developed or used for speculation, but only for development and operation by Developer in accordance with this Agreement and the Dealership Operating Covenant; (d2) The land acquisition assistance and other public aids that have been made available by law and by the government for the purpose of making such redevelopment possible; (3) The reliance by the City upon the unique qualifications and ability of the Developer to serve as the catalyst for development of the properties and upon the continuing interest which Developer will have in the properties to assure the quality of the use, operation and maintenance deemed critical by the City in the development of the properties; andProperty; (e4) The fact that a change in ownership or control Control of the owner Developer as lessee of any portion the propertiesProperty, or of a substantial part thereof, or any other act or transaction involving or resulting in a significant change in ownership or with respect to the identity of the parties in control Control of the Developer or the degree thereof is for practical purposes a transfer or disposition of the propertiesProperty; (5) The fact that the Property is not to be acquired or used for speculation, but only for development and operation by the Developer in accordance with this Agreement and the Regulatory Agreement; and (b) The Developer further recognizes that it is because of such qualifications and identity that the City is entering into this Agreement with the Developer and that Transfers are permitted only as provided in this Agreement.

Appears in 1 contract

Sources: Disposition, Development and Loan Agreement

Purpose of Restrictions on Transfer. This Agreement is granted to Developer entered into solely for the purpose of the development and operation of the Improvements, Development and its subsequent use in accordance with the terms of this Agreement, and not for speculation in landholdinghereof. The Developer recognizes that, in view of the following factors, that the qualifications and identity of Developer are of particular concern to the community and City, in view of: (a) The importance of the development redevelopment of the Improvements Property to the general welfare of the community; and; (b) The fact land acquisition assistance and other public aids that a Transfer as defined in Section 6.1 above is have been made available by law and by the government for practical purposes a transfer or disposition the purpose of the fee interest in the properties then owned by Developer; andmaking such redevelopment possible; (c) The fact that the Dealership Development Parcel and the Improvements are not to be acquired, developed or used for speculation, but only for development and operation by Developer in accordance with this Agreement and the Dealership Operating Covenant; (d) The reliance by the City upon the unique qualifications and ability of the Developer to serve as the catalyst for development of the properties and upon the continuing interest which Developer will have in the properties to assure the quality of the use, operation and maintenance deemed critical by the City in the development of the properties; andProperty; (ed) The fact that a change in ownership or control Control of the owner of any portion the propertiesDeveloper, or of a substantial part thereof, or any other act or transaction involving or resulting in a significant change in ownership or with respect to the identity of the parties in control Control of the Developer or the degree thereof is for practical purposes a transfer or disposition of the propertiesProperty; (e) The fact that the Property is not to be acquired or used for speculation, but only for development and operation by the Developer in accordance with this Agreement and the Regulatory Agreement; and (f) The Developer further recognizes that it is because of such qualifications and identity that the City is entering into this Agreement with the Developer and that Transfers are permitted only as provided in this Agreement.

Appears in 1 contract

Sources: Disposition, Development and Loan Agreement

Purpose of Restrictions on Transfer. This Agreement is granted to Developer entered into solely for the purpose of the development and operation of the Improvements, Development and its subsequent use in accordance with the terms of this Agreement, and not for speculation in landholdinghereof. The Developer recognizes that, in view of the following factors, that the qualifications and identity of Developer are of particular concern to the community and City:, in view of:β€Œ (a) The importance of the development redevelopment of the Improvements Property to the general welfare of the community; and; (b) The fact land acquisition assistance and other public aids that a Transfer as defined in Section 6.1 above is have been made available by law and by the government for practical purposes a transfer or disposition the purpose of the fee interest in the properties then owned by Developer; andmaking such redevelopment possible; (c) The fact that the Dealership Development Parcel and the Improvements are not to be acquired, developed or used for speculation, but only for development and operation by Developer in accordance with this Agreement and the Dealership Operating Covenant; (d) The reliance by the City upon the unique qualifications and ability of the Developer to serve as the catalyst for development of the properties and upon the continuing interest which Developer will have in the properties to assure the quality of the use, operation and maintenance deemed critical by the City in the development of the properties; andProperty; (ed) The fact that a change in ownership or control Control of the owner of any portion the propertiesDeveloper, or of a substantial part thereof, or any other act or transaction involving or resulting in a significant change in ownership or with respect to the identity of the parties in control Control of the Developer or the degree thereof is for practical purposes a transfer or disposition of the propertiesProperty; (e) The fact that the Property is not to be acquired or used for speculation, but only for development and operation by the Developer in accordance with this Agreement and the Regulatory Agreement; and (f) The Developer further recognizes that it is because of such qualifications and identity that the City is entering into this Agreement with the Developer and that Transfers are permitted only as provided in this Agreement.

Appears in 1 contract

Sources: Disposition, Development and Loan Agreement

Purpose of Restrictions on Transfer. This Agreement is granted to Developer entered into solely for the purpose of the development and operation of the Improvements, Development and its subsequent use in accordance with the terms of this Agreement, and not for speculation in landholdinghereof. The Developer recognizes that, in view of the following factors, that the qualifications and identity of Developer are of particular concern to the community and City, in view of: (a) The importance of the development of the Improvements Property to the general welfare of the community; and (b) The fact land acquisition assistance and other public aids that a Transfer as defined in Section 6.1 above is have been made available by law and by the City for practical purposes a transfer or disposition the purpose of the fee interest in the properties then owned by Developermaking such development possible; and (c) The fact that the Dealership Development Parcel and the Improvements are not to be acquired, developed or used for speculation, but only for development and operation by Developer in accordance with this Agreement and the Dealership Operating Covenant; (d) The reliance by the City upon the unique qualifications and ability of the Developer to serve as the catalyst for development of the properties Property and upon the continuing interest which the Developer (or its permitted assigns and grantees) will have in the properties Property to assure the quality of the use, operation and maintenance deemed critical by the City in the development of the propertiesProject; and (ed) The fact that a change in ownership or control of the owner of any portion the propertiesProperty, or of a substantial part thereof, or any other act or transaction involving or resulting in a significant change in ownership or with respect to the identity of the parties in control of the Developer or the degree thereof is for practical purposes a transfer or disposition of the propertiesProperty; and (e) The fact that the Property is not to be acquired or used for speculation, but only for development and operation of the Development by the Developer in accordance with the Agreement; and (f) The importance to the City and the community of the standards of use, operation and maintenance of the Development. The Developer further recognizes that it is because of such qualifications and identity that the City is entering into this Agreement with the Developer and that Transfers are permitted only as provided in this Agreement.

Appears in 1 contract

Sources: Disposition and Development Agreement