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Agenda Packets - 2018/03/05
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Agenda Packets - 2018/03/05
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Last modified
1/28/2025 4:46:46 PM
Creation date
6/13/2018 11:20:48 AM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
3/5/2018
Supplemental fields
City Council Document Type
City Council Packets
Date
3/5/2018
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coverage provided below the amounts required herein without giving written notice to the Developer and <br />the Authority at least thirty (30) days before the cancellation or modification becomes effective. In lieu of <br />separate policies, the Developer may maintain a single policy, blanket or umbrella policies, or a <br />combination thereof, having the coverage required herein, in which event the Developer will deposit with <br />the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force <br />upon the Minimum Improvements. <br />(d) The Developer agrees to notify the Authority immediately in the case of damage <br />exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof <br />resulting from fire or other casualty. In the event this type of damage or destruction occurs, the <br />Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the <br />same or an improved condition or value as it existed prior to the event causing the damage and, to the <br />extent necessary to accomplish the repair, reconstruction and restoration, the Developer will apply the Net <br />Proceeds of any insurance relating to the damage received by the Developer to the payment or <br />reimbursement of the costs thereof. <br />The Developer will complete the repair, reconstruction and restoration of the Minimum <br />Improvements, whether or not the Net Proceeds of insurance received by the Developer is sufficient to <br />pay for the same. Any Net Proceeds remaining after completion of the repairs, construction and <br />restoration will be the property of the Developer. <br />(e) Notwithstanding anything to the contrary contained in this Agreement, in the event of <br />damage to the Minimum Improvements in excess of $100,000 and the Developer fails to complete any <br />repair, reconstruction or restoration of the Minimum Improvements within eighteen (18) months from the <br />date of damage, the Authority may, at its option, terminate the TIF Note as provided in Section 9.3(b) <br />hereof. If the Authority terminates the TIF Note, the termination will constitute the Authority's sole <br />remedy under this Agreement as a result of the Developer's failure to repair, reconstruct or restore the <br />Minimum Improvements. Thereafter, the Authority will have no further obligations to make any <br />payments under the TIF Note. <br />(f) The Developer and the Authority agree that all of the insurance provisions set forth in <br />this Article V will terminate upon the termination of this Agreement. <br />Section 5.2. Subordination. Notwithstanding anything to the contrary contained in this Article V, <br />the rights of the Authority with respect to the receipt and application of any proceeds of insurance will, in <br />all respects, be subject and subordinate to the rights of the United States Department of Housing and <br />Urban Development and any lender under a Mortgage approved pursuant to Article VII hereof. <br />(The remainder of this page is intentionally left blank.) <br />14 <br />5169110 JAE MU205-47 <br />
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