Res 2015-091/approving a Chapter 380 Economic Development Incentive Agreement with Humpty Dumpty SSM, Ltd. for the redevelopment of Springtown Shopping Center

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Section 6.03. Review of Records. The Owner agrees that the City will have the right to review the business records of the Owner that relate to its performance under this Agreement in order to determine the Owner's compliance with the terms of this Agreement. Such review shall occur at any reasonable time and upon at least seven days' prior notice to the Owner. To the extent reasonably possible, the Owner shall make all such records available in electronic form or otherwise available to be accessed through the internet. Section 6.04. Public Information. Subject to the requirements of the Texas Public Information Act (the "Act "), or order of a court of competent jurisdiction, the Owner may be required to disclose or make available to the City any information relating to this Agreement. The Owner agrees to cooperate with the City in response to any request for information under the Act or court order. The City will endeavor to provide the Owner with advance notice of any such request for information or court order so that the Owner may seek any relief to which the Owner believes it is entitled. The City's obligations under this Section do not impose a duty upon the City to challenge any court order or ruling of the Texas Attorney General to release information in response to a specific request for information under the Act. ARTICLE 7. REPRESENTATIONS OF OWNER Section 7.01. Organization. The Owner is a duly organized, validly existing Limited Partnership, in good standing under the laws of the State of Texas and is authorized to conduct business or own real property in the State of Texas. The activities that the Owner proposes to carry on at the Site may lawfully be conducted by the Owner. Section 7.02. Authority. The execution, delivery and performance by the Owner of this Agreement are within the Owner's powers and have been duly authorized. Section 7.03. Valid and Binding Obligation. This Agreement is the legal, valid and binding obligation of the Owner, enforceable against the Owner in accordance with its terms except as limited by applicable relief, liquidation, conservatorship, bankruptcy, moratorium, rearrangement, insolvency, reorganization or similar laws affecting the rights or remedies of creditors generally, as in effect from time to time. Section 7.04. No Defaults. The Owner is not in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement or instrument to which they are parties or by which they or any of their property is bound that would have any material adverse effect on the Owner's ability to perform under this Agreement. Section 7.05. Full Disclosure. Neither this Agreement nor any schedule or Exhibit attached hereto in connection with the negotiation of this Agreement contains any untrue statement of a material fact or omits to state any material fact necessary to keep the statements contained herein or therein, in the light of the circumstances in which they were made, from being misleading.