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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 /> 15 <br />419290v2 LN140 -109 <br /> The Developer agrees for itself, its successors and assigns, and every <br />successor in interest to the Property, or any part thereof, that the D eveloper, and such <br />successors and assigns, shall promptly begin and diligently prosecute to completion <br />the development of the Property through the construction of the Minimum <br />Improvements thereon, and that such construction shall in any event be commenced <br />and completed within the period specified in this Section 17 .3 of this Agreement. <br />Subsequent to the Developer’s acquisition of title to the Property, or any part <br />thereof, and until construction of the Minimum Improvements has been completed, <br />the Developer shall make reports, in such detail and at such times as may reasonably <br />be requested by the EDA, as to the actual progress of the Developer with respect to <br />such construction. <br /> <br /> 17 .4. Certificate of Completion . (a) Promptly after substantial completion <br />o f the Minimum Improvements in accordance with those provisions of this <br />Agreement relating solely to the obligations of the Developer to construct the <br />Minimum Improvements (including the dates for beginning and completion thereof), <br />the EDA will furnish the Developer with a Certificate of Completion substantially in <br />the form shown at Exhibit B. Such certification by the EDA shall be a conclusive <br />determination of satisfaction and termination of the agreements and covenants in this <br />Agreement with respect to th e obligations of the Developer, and its successors and <br />assigns, to construct the Minimum Improvements, as applicable, and the dates for <br />the beginning and completion thereof. Such certification and such determination <br />shall not constitute evidence of compli ance with or satisfaction of any obligation of <br />the Developer to any Holder of a Mortgage, or any insurer of a Mortgage, securing <br />money loaned to finance the Minimum Improvements, or any part thereof. <br /> <br /> (b) If the EDA shall refuse or fail to provide any ce rtification in <br />accordance with the provisions of this Section 17 .4 of this Agreement, the EDA <br />shall, within thirty (30) days after written request by the Developer, provide the <br />Developer with a written statement, indicating in adequate detail in what respe cts the <br />Developer has failed to complete the Minimum Improvements in accordance with <br />the provisions of this Agreement, or is otherwise in default, and what measures or <br />acts it will be necessary, in the opinion of the EDA, for the Developer to take or <br />perfo rm in order to obtain such certification. <br /> <br /> (c) The construction of the Minimum Improvements shall be deemed to <br />be substantially completed when the City has issued a certificate of occupancy. <br /> <br /> 17.5. Reconstruction of Minimum Improvements . If the Minim um <br />Improvements are damaged or destroyed before the Maturity Date, the Developer <br />agrees, for itself and its successors and assigns, to either (a) reconstruct the <br />Minimum Improvements in accordance with the plans and specifications approved <br />by the EDA , or (b) pay the EDA the net present value of tax increment that would <br />have been generated from the Property through the Maturity Date, based on the most <br />market value for tax purposes in County records before the casualty, assuming class
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