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Agenda Packets - 2000/08/14
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Agenda Packets - 2000/08/14
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Last modified
1/28/2025 4:49:34 PM
Creation date
8/29/2018 1:14:00 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
8/14/2000
Supplemental fields
City Council Document Type
City Council Packets
Date
8/14/2000
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RJV-184370v2 <br />MU210-48 13 <br />Section 6.3. Revesting Interest Upon Default Subsequent to Conveyance of Property. If <br />subsequent to the sale of the properties and prior to the issuance of the Certificate of Completion: <br /> <br /> (a) the Developer fails to begin construction of the Improvements in conformity with <br />this Agreement, and such failure is not due to Unavoidable Delays; <br /> <br /> (b) the Developer, after commencement of the construction of the Improvements, <br />defaults in or violates its obligations with respect to the construction of the <br />Improvements, including the nature and the date for the completion thereof, or <br />abandons or substantially suspends construction work, and such act or actions is <br />not due to Unavoidable Delays; <br /> <br /> (c) the Developer or successor in interest fails to pay real estate taxes or assessments <br />on the Property or any part thereof when due, or places thereon any encumbrance <br />or lien unauthorized by this Agreement, or suffers any levy or attachment to be <br />made, or any materialmen’s or mechanic’s lien, or any other unauthorized <br />encumbrance or lien to attach; or <br /> <br /> (d) there is, in violation of Article V of this Agreement, any transfer of the Property <br />or any part thereof. <br /> <br />then the City shall have the right upon thirty (30) days written notice to Developer and the <br />Developer’s failure to cure within such 30-day period to re-enter and take possession of the <br />Property and to terminate and revest in the City the interest of the Developer in the Property; <br />provided, however, that such revestiture of title shall be subject to the lien of any prior <br />encumbrance permitted under this Agreement. The City may enforce this provision by specific <br />performance. <br /> <br />Section 6.4. No Remedy Exclusive. No remedy herein conferred upon or reserved is <br />intended to be exclusive of any other available remedy or remedies, but each and every such <br />remedy shall be cumulative and shall be in addition to every other remedy given under this <br />Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to <br />exercise any right or power accruing upon any default shall impair any such right or power or <br />shall be construed to be a waiver thereof, but any such right and power may be exercised from <br />time to time and as often as may be deemed expedient. In order to entitle the City or the <br />Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other <br />than such notice as may be required in Section 7.4 of this Agreement. <br /> <br /> Section 6.5. No Additional Waiver Implied by One Waiver. If an Event of Default by <br />either party, which Event of Default is thereafter waived by the other party, such waiver shall be <br />limited to the particular Event of Default so waived and shall not be deemed to waive any other <br />concurrent, previous or subsequent Event of Default. <br /> <br /> <br />ARTICLE VII. <br /> <br />ADDITIONAL PROVISIONS
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