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03-11-13 Council Packet
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03-11-13 Council Packet
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3/6/2014 2:11:03 PM
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City Council
Council Document Type
Council Packet
Meeting Date
03/11/2013
Council Meeting Type
Regular
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<br /> 10 <br />419290v2 LN140 -109 <br />this Agreement, or to enforce performance and observance of any obl igation, <br />agreement, or covenant under this Agreement. <br /> <br /> (d ) Enforce the specific performance of this Agreement, which action <br />must be commenced within one (1) year of the date of failure of a party to <br />consummate the transactions contemplated herein. <br /> <br /> 1 5 .3. Revesting Title in EDA Upon Happening of Event Subsequent to Conveyance <br />to Developer . In the event that, subsequent to conveyance of the Property to the Developer <br />and prior to the issuance of the Certificate of Completion: <br /> <br /> (a) subject to Unavoidabl e Delays, the Developer fails to carry out its <br />obligations with respect to the construction of the Minimum Improvements <br />(including the nature and the date for the completion thereof), or abandons or <br />substantially suspends construction work, and any such fa ilure, abandonment, or <br />suspension shall not be cured, ended, or remedied within thirty (30) days after <br />written demand from the EDA to the Developer to do so; or <br /> <br /> (b) subject to Unavoidable Delays the Developer fails to cure any default <br />under this Agreeme nt within 30 days after receipt of notice of Event of Default. <br /> <br /> Then the EDA shall have the right to re -enter and take possession of the <br />Property and to terminate and revest in the EDA the estate conveyed pursuant to the <br />Deed to the Developer, it being t he intent of this provision, together with other <br />provisions of the Agreement, that the conveyance of the Property to the Developer <br />shall be made upon, and that any instrument conveying title from the EDA to the <br />Developer of the Property shall contain a con dition subsequent to the effect that in <br />the event of any default on the part of the Developer and failure on the part of the <br />Developer to remedy, end, or abrogate such default within the period and in the <br />manner stated in such subdivisions, the EDA at its option may declare a termination <br />in favor of the EDA of the title, and of all the rights and interests in and to the <br />Property conveyed to the Developer, and that such title and all rights and interests of <br />the Developer, and any assigns or successors in int erest to and in the Property, shall <br />revert to the EDA. <br /> <br /> 1 5 .4. Resale of Reacquired Property; Disposition of Proceeds . Upon the revesting <br />in the EDA of title to and/or possession of the Property as provided in Section 15 .3, the <br />EDA shall, pursuant to it s responsibilities under law, use its best efforts to sell the Property <br />or part thereof as soon and in such manner as the EDA shall find feasible and consistent <br />with the objectives of such law and of the Development Plan to a qualified and responsible <br />part y or parties (as determined by the EDA) who will assume the obligation of making or <br />completing the Minimum Improvements or such other improvements in their stead as shall <br />be satisfactory to the EDA and in accordance with the uses specified for the Property . Upon <br />such resale of the Property, the proceeds thereof shall be applied: <br />
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