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Section 3~ Power and Authority of the City. <br /> <br /> Notwithstanding the foregoing, the obligations of the City <br />under this Preliminary Agreement are limited by restrictions and limita- <br />tions on its powers, including, but not limited to the following: <br /> <br /> (a) As a municipal corporation and political subdivision of <br />the State of Ohio, the City must ecl: pursuant to authorizations and <br />powers, and subject to restrictions and regulations, granted to or <br />imposed on the City by Law. <br /> <br /> (b) The City has the power to acquire real and personal <br />property and may expend its funds only for a proper municipal <br />public purpose. <br /> <br /> (c) The City cannot enter into contracts in derogation of its <br />govermnental powers, duties or functions. <br /> <br /> (d) The City has the power and authority to regulate and <br />control land use within the City, and to determine, pursuant to <br />Law, reasonable regulations thereof and restrictions thereon through <br />its planning process, zoning, building and other regulatory codes. <br /> <br /> (e) The City may, as permitted by Law, sell or lease land and <br />improvements thereon to the Developer. <br /> <br /> (f) The City cannot engage in a Joint venture with and cannot <br />lend its aid or credit to the Developer except as permitted by Law. <br /> <br />Section 6. Representations of the City. <br /> <br /> (a) The City will review its zoning, building and other <br />regulations as they may affect the Developer's proposed redevelop- <br />ment of the Project Area and will consider changes thereto that may <br />be made under the Law and that may be in the best interests of the <br />City and its citizens with respect to the proposed redevelopment of <br />the Project Area. <br /> <br /> (b) The City is willing to cooperate with the Developer in <br />its efforts to secure parcels owned by third parties. The City may <br />exercise its rights of eminent domain to acquire certain fee simple <br />ownership, easements and other rights of third parties in property <br />within the Project Area where allowed by the Laws Of Ohio. <br /> <br /> (c) The City will consider the relocation of its fire station <br />located in the Project Area, so that such location can be properly <br />utilized in the redevelopment of the Project Area. <br /> <br /> (d) The City will use its best efforts to cooperate with the <br />Developer in its efforts to secure tax-exempt financing for <br />Developer and for other possible developers within the Project Area <br />through the issuance (by the City or other authorized issuers) of <br /> <br />-5- <br /> <br /> <br />