07-29-15 LPRDA/TIRZ - Laserfiche WebLink

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1 (3) Payments by Developer. As of the date hereof, all payments due from Developer under the Development Agreement have been paid, and there are no sums due and payable by Developer thereunder. , (4) Existing Public Improvements. To the knowledge of the TIRZ and the ' Authority, all Public Improvements located upon the Property as of the date hereof, have been constructed in accordance with, and are otherwise not in violation of, the terms, conditions, provisions and requirements of the Development Agreement. (5) Future Public Improvements. Any Public Improvements not yet completed and made pursuant to the Development Agreement are available for reimbursement , through the TIRZ and the Authority in accordance with the terms of the Development Agreement. (6) Full Force and Effect; No Defaults. The Development Agreement is currently in full force and effect and has not been amended, supplemented or revised,nor has the Development Agreement expired or terminated by its terms. The TIRZ and the Authority each ' hereby confirms and certifies to Purchaser and Title Company that (i) neither the Property nor Developer;as the current owner of the Property, have defaulted under, or otherwise violated the terms set forth in, the Development Agreement, and (ii) no condition exists that with notice and ' the passage of time or both would constitute a violation or a default under the Development Agreement by the Property or Developer, as the current owner of the Property. ' (7) Notice. Effective upon their receipt of notice of the assignment of Developer's interest in the Development Agreement to Purchaser, all notices, demands, or other written communications to be delivered by the TIRZ and/or the Authority under the Development -Agreement or any other instrument applicable thereto, must be delivered to Purchaser in the manner set forth therein, as applicable,to the following address (or such other or ' further addresses as Purchaser may hereafter designate): Liberty Property Limited Partnership c/o Liberty Property Trust 8827 North Sam Houston Parkway West Houston,TX 77064 Attention: Vice President, City Manager (8) Statement of Authority. The persons executing this Certificate on behalf , of the TIRZ and the Authority have the power and authority to execute and deliver this Certificate on behalf of the TIRZ and the Authority,respectively. (9) Limited Waiver and Release. The TIRZ and the Authority each hereby ' confirms that it has no knowledge of any defaults under the Development Agreement. The TIRZ and the Authority each waives and releases any right or claim it may have under the ' Development Agreement to require Purchaser to make any alterations or changes to the Property or the Public Improvements on account of any violations, defaults, or other deficiencies existing 2 PHDATA 5372250_1