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,he rig its and. remedies to which they or any other beneficiary of <br />the covenant may be e: _i zled. <br />SECTION V. P I?I:Tv�iS AGZINST ASSIGN �Eni? AND TRANSFER <br />A. Representations as to Development. The Developer <br />represents and agrees that its purchase of the Property and its <br />other undertakings under this Agreement are and will be used for <br />development of the Property and not for speculation in land <br />holding. The Developer further recognizes that: <br />1. in view of the importance of the develop;,ient of the <br />Property to the general welfare of the City, <br />2. the substantial financial and other public assistance that <br />has been made available by law and by the federal and <br />local governments for the purpose of making such <br />development possible, and <br />3. the fact that a transfer in ownership of the Developer is <br />for practical purposes a transfer or disposition of the <br />Property then owned by the Developer; <br />the qualifications and identity of the Developer and the parties <br />in control of the Developer are of particular concern to the <br />City. The Developer further recognizes that it is due to such <br />qualifications and identity that the City is entering into this <br />Agreement with the Developer, and in so doing is further willing <br />to accept and rely on the obligations of the Developer for the <br />faithful performance of all undertakings and covenants. <br />B. Prohibition Against. Transfer of Interest. The Developer' <br />agrees for itself, its stockholders, and any successor in <br />interest of itself and its stockholders that prior to the <br />completion of the Project or prior written approval, the <br />Developer or any party owning ten percent (10%) or more stock or <br />interest in the Developer shall not transfer or distribute any <br />stock or change the identity of the parties in control of the <br />Developer whether by increased capitalization, merger with <br />another corporation, change in partnership, corporate or other <br />amendments, issuance of additional or new stock or classification <br />Of stock or partnership, or otherwise without first having <br />obtained prior written approval from the City, which approval <br />shall not be unreasonably withheld. The Developer and the <br />parties signing the Agreement on behalf of the Developer <br />represent that they have the authority of all of its existing <br />stockholders or partners to agree to this _provision on their <br />Ilehalf and to bind them with respect to=. <br />C. Prohibition Against Transfer of Property or _Assignment of <br />Agreement. The Developer represents and agrees for itself, its <br />