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Resolution 6664
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06500 - 06999 (2005-2007)
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Resolution 6664
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Last modified
6/25/2019 10:11:02 AM
Creation date
4/6/2007 11:15:22 AM
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MV City Council
City Council Document Type
Resolutions
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B. The remaining portion, after the distribution specified in Section 3.10..A. shall <br />be distributed to pay rn full any outstanding publre or pnvate debt rncurred to acquire the <br />Public Entity's. interest in or for the betterment of the Real Property and, if applicable, the <br />Facility in the order of priority of such debt. <br />C. The remaining portion, after the distributions specifed in Sections 3.10.A ~ B, <br />shall be divided and distributed in proportion to the shares contributed to the acquisition of <br />the Public Entity's interest in or for the betterment of the Real Property and, if applicable, <br />the Facilities by public and private entities, including the State Entity but not including any <br />private entity that has been paid in full, that supplied funds in either real monies or like <br />kind contributions for such acquisition and betterment, and the State Entitys distribution <br />shall be made to the Commissioner of Finance. Such public and private entities may agree <br />amongst themselves as to any redistribution of such distributed funds. <br />The Public Entity shall not be required to pay or reimburse the State Entity for any funds <br />above the full net proceeds of such sale, even if such net proceeds are less than the amount of the <br />Grant actually disbursed. <br />Section 3.11 Effect of Sale. Upon the occurrence of a sale that is made in conformance <br />with the provisions contained in Sections 3.09 and 3.10, this Agreement shall terminate and the <br />Real Property and, if applicable, the Facility shall be released from the Declaration. <br />Section 3.12 Insurance. The Public Entity shall maintain or cause to be maintained fire <br />and extended coverage insurance on the Facility, if such exists, in an amount equal to the full <br />insurable value thereof, and shall name the State Entity as loss payee thereunder. If damages <br />which are covered by such required insurance occurs to the Facility, if such exists, then the <br />Public Entity shall, at its sole option and discretion, either; (i} use or cause the insurance <br />proceeds to be used to fully or partially repair such damage and to provide or cause to be <br />provided whatever additional funds that may be needed to fully or partially repair such damage, <br />or (ii) sell its interest in the Real Property and the damaged Facility, if such exists, in accordance <br />with the provisions contained in Section 3.09. If the Public Entity elects to only partially repair <br />such damage, then the portion of the insurance proceeds which are not used for such repair shall <br />be applied in accordance with the provisions contained in Section 3.10 as if the Public Entity's <br />interest in the Rea] Property and Facility, if such exists, had been sold, and such amounts shall be <br />credited against the amounts due and owing under Section 3.10 upon the ultimate sale of the <br />Public Entity's interest in the Real Property and Facility, if such exists,. If the Public Entity <br />elects to sell its interest in the Real Property and the damaged Facility, if such exists, then such <br />sale must occur within a reasonable time period from the date the damage occurred and the <br />cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in <br />accordance with the provisions contained in Section 3.10, with the insurance proceeds being so <br />applied within a reasonable time period from the date they are received by the Public Entity. <br />As loss payee under the insurance required the State Entity will assign or pay over to the <br />Public Entity all insurance proceeds it receives so that the Public Entity can comply with the <br />requirements that this Section 3.12 imposes upon the Public Entity as to the use of such <br />insurance proceeds. <br />Generic GO Grant Agreement 12 Ver - 7/30/03 <br />for Pre-Design or Design Grants (Gnrc GO GA-PrDsgn Grnt) <br />
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