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Agenda Packets - 1987/12/14
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Agenda Packets - 1987/12/14
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4/28/2025 12:47:27 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
12/14/1987
Description
Regular Meeting
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,e) subject to Unavoldable Delayro, the Redeveloper after commencement of <br />the construction of the Minimum Improvements, fails to carry out Its obligations <br />with respect to the ccnatruction of the Minimum Improvements (including the <br />nature and the date for the completion thereof), or abandons or substantially <br />suspends construction work, and any such failure, abandonment, or suspension shall <br />not be cured, ended, or remedied within thirty (30) days after written demand from <br />the City to the Redeveloper to do so; or <br />(c) the Redeveloper fails to pay real estate taxes or assessments on the <br />Redevelopment Property or any part thereof when due, or creates, suffers, <br />assumes, or agrees to any encumbrance or lien on the Redevelopment Property <br />unauthorized by the Agreement, or shall suffer any Ievy or attachment to be made, <br />or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or <br />lien to attach, and such taxes or assessments shall not have been paid, or the <br />encumbrance or lien removed or discharged or provision satisfactory to the City <br />made for such payment, removal, or discharge, within thirty (30) days after written <br />demand by the City to do so; provided, that if the Redeveloper shall first notify the <br />City of its intention to do so, it may In good faith contest any mechanic&' or other <br />lien filed or established and in such event the City shall permit such mechanical or <br />other lien to remain undischarged and tmsatisfled during the period of such contest <br />and any appeal, but only If the Redeveloper prc-tides the City with a bank letter of <br />credit or other security In the amount of the lien, in a form satisfactory to the <br />City pursuant to which the bank or other obligor will pay to the City the amount of <br />any lien in the event that the lien is finally determined to be valid and during the <br />course of such contest the Redeveloper shell keep the City Informed respecting the <br />status of such defense; or <br />(d) there is, in violation of the Agreement, any transfer of the Redevelop- <br />ment Property or any part thereof, or any ehange in the ownership or distribution <br />thereof )f the Redeveloper, or with respect to the identity of the parties in control <br />of the Redeveloper or the degree thereof, and such violation shall not be cured <br />within sixty (60) days after written demand by the City to the Redeveloper, or <br />(e) the Redeveloper falls to comply with any of its covenants under this <br />Agreement and fails to cure any such noncompliance or breach within thirty (30) <br />days after written demand from the City to the Redeveloper to do so; or <br />(f) the Holder of any Mortgage exercises any remedy provided by the <br />Mortgage documents or exercises any remedy provided by law or equity In the <br />event of a default In any of the terms or conditions of the Mortgage, <br />Then the City shall have the right to re-enter and take possession of the <br />Redevelopment Property and to terminate (and revest In the City) the estate <br />conveyed by the Redevelopment Property Deed to the. Redeveloper, It being the <br />intent of this provision, together with other provisions of the Agreement, that the <br />conveyance of the Redevelopment Property to the Redeveloper shall be made upon; <br />and that the Redevelopment Property Deed shall contain a condition subsequent to <br />the effect that In the event of any default on the part of the Redeveloper and <br />failure on the part of the Redeveloper to remedy, end, or abrogate such default <br />within the period and in the manner stated in such subdivisions, the City at Its <br />option may declare a termination in favor of the City of the title, and of all the <br />rights and interests in and to the Redevelopment Property convey. ' to the <br />Redeveloper, and that such title and all rights and Interests of the Redeveloper, <br />37 <br />
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