80-84 Enter Prelim Coop Agreement for Downtown Redevelopment

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(b) It is agreed by the Developer that the final report of the feasibility consultant will be provided to the City and such of its officialS, employees and consultants as the City may request no later than , 19 ..... · The Developer will pay all fees, expenses, and costs which have been or may be incurred in connection with the engagement of the feasibility consultant and the production and issuance of the .feasibility report; and the City shall not be required to pay such fee, expenses or costs. (c) In connection with this Preliminary Agreement and in connection with any meetings, discussions and negotiations with respect to the feasibility report and any proposed Development Agreement, the City re..terves the right to secure the services of such consultants, including Special Project Counsel and Bond Counsel, as it may determine necessary to provide services and to render opinions with respect to any proposed Development Agreement, and the City will pay all fees, expenses and costs of its officials, employees or consultants, including the Special Project Counsel and Bond Counsel (to the extent that Bond Counselts services or advice is related to public improvements that may be provided within the Project Area or areas adjacent thereto), and the veloper shall not be required to pay such Fees, expenses or costs; provided however, that any fees, costs and expenses of Bond Counsel incurred with respect to advice concerning or the Financing of any project of the Developer or other per- sons in the Project Area that uses industrial development bonds or other Forms of conduit or private financing ahall be paid by the Developer or such other' persons. (d) Tt Xs understood and agreed by the City and the Developer that (i) any Development Agreement between the City and the Developer must be approved by the Hayor and the Council (acting by ordinance), (ii) that the Director of Law must First approve the form, substance and content of the Development Agreement and the authorizations and approvals of the Development Agreement by the City, and (iii) the Director of Finance must certify the availability of Funds to meet any Financial obligations imposed on the City. Section 3._I Power and Authority of the City. Notwithstanding the foregoing, the obligations of the City under this Preliminary Agreement are 1/m/ted by restrictions and limitations on its powers, including, but not limited to the following: (a) As a municipal corporation and political subdivl- -sion of the State of Ohio, the City must act pursuant to authorizations and powers, and subject to restrictions and regulations, granted to or imposed on the City by law.