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07-28-1999 Council Agenda
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07-28-1999 Council Agenda
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1054867.2 <br />(f) The Developer shall furnish the City <br />evidence, in a form satisfactory to the City such as a <br />letter of commitment from a bank or other lending <br />institution, that the Developer has firm commitments <br />for financing for the acquisition of the Phase I <br />Development Property and construction financing for the <br />Phase I Minimum Improvements in an amount sufficient, <br />together with equity commitments, to acquire the Phase <br />I Development Property and complete the Phase I Minimum <br />Improvements in conformance with the Construction <br />Plans, or the City shall receive such other evidence of <br />financial ability as in the reasonable judgment of the <br />City is required; and <br />(g) Delivery to the City of a guaranty from <br />Richard A. Biagini in the form attached hereto as <br />Exhibit G, to assure performance of the Developer's <br />obligations under Section 7.1 of this Agreement; <br />(h) Issuance of a building permit for the Phase I <br />Minimum Improvements; <br />(i) Issuance of the Bonds and satisfaction of the <br />conditions set forth in Section 3.3 of this Agreement; <br />(j) The Developer shall provide the City with a <br />report or reports from consultants reasonably <br />acceptable to the City describing the environmental and <br />geotechnical condition of the Phase I Development <br />Property and the Additional Phase I Development <br />Property and the investigation the consultant undertook <br />to determine the environmental and geotechnical <br />condition of the Phase I Development Property and the <br />Additional Phase I Development Property. If the report <br />or reports disclose the existence of environmental <br />contamination or unfavorable soil conditions on the <br />Phase I Development Property or the Additional Phase I <br />Development Property, the Developer must either: <br />Page 59 <br />
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