and observance of .any obligation, agreement, or covenant of the interest therein, or any change in the ownership of . . .
<br /> • Redeveloper under this Agreement, subject; however, to the Redeveloper; or with respect to the identity of the parties in
<br /> liquidated damages-provisions of Section 10.8 hereof and the control of Redeveloper or the degree thereof, and such
<br /> limitations on Redeveloper.'s liability as set forth in Section violation shall not be cured within 60 days after written
<br /> 4.5 hereof. demand by the Agency to Redeveloper.; or
<br /> Section'9.3. Revesting of Title. in the event that (e) Redeveloper -fails to comply with any of its
<br /> subsequent to conveyance of a Phase to Redeveloper: covenants under this Agreement or is in breach of the
<br /> requirements,of a Deed and fails to cure any such noncompliance
<br /> (a) Redeveloper• (or successor in interest) shall fail or breach within 30 days after written demand to do so; or
<br /> to begin construction of the Minimum Improvements on that Phase
<br /> in conformity with this Agreement, such failure is not due to (f) Redeveloper is in default under any Mortgage
<br /> Unavoidable Delays, and such failure is not cured within 30 authorized by this Agreement and fails to cure any such default
<br /> days after written notice to do so; or within 30 days after written demand by the..Agency to do so, .
<br /> (b) Redeveloper (or successor- in interest) shall, then the Agency shall have the right to re-enter and take
<br /> after .commencement of the construction of the Minimum possession of that Phase and to terminate (and revest in the
<br /> Improvements on that Phase, default in or violate its Agency) the estate in that Phase subject to Mort a es a roved
<br /> obligations with respect to the construction of the Minimum urs a conveyance o
<br /> Improvements (including the nature thereof or date for any ase to a eveloper shall be made subject to reversionary
<br /> completion thereof), or shall abandon or substantially suspend provisions to the effect that in the event of any default on
<br /> construction work, such act or actions is not due to the part of Redeveloper and failure of Redeveloper to remedy
<br /> Unavoidable Delays and the same is not cured within 30 days the default -within the period stated, the Agency at its option
<br /> after written demand by the Agency so to do; or may declare a reversion in favor of the Agency of •the- title to
<br /> the P
<br /> (c) Redeveloper (or successor in interest) shall fail Phasehase, and of all the rights and interests in and to that
<br /> to pay real estate taxes or assessments• on any Phase when due,
<br /> or shall place thereon any encumbrance or lien unauthorized by Section 9.4. Resale of ReaciTuired Property;
<br /> this Agreement, or shall suffer any levy or attachment to be Disposition of Proceeds. Upon the revesting in the Agency of
<br /> made, or any materialmen's or mechanics' lien, or any other title to a Phase, the Agency shall use i,ts best efforts'to. '
<br /> unauthorized encumbrance or lien to attach, and such taxes or resell the the Phase as soon and in such manner as the. Agency
<br /> assessments shall not 'have been paid, or-the encumbrance or shall find feasible and consistent,.with'the objectives of
<br /> lien removed or discharged or provision satisfactory to the applicable law and the Redevelopment Plan to a qualified and
<br /> Agency made for such payment, removal, or discharge, within 30 responsible party or parties. (as determined by the Agency in
<br /> days after written demand by the Agency so to. do; provided, its sole discretion) who will assume the obligation of making
<br /> that if Redeveloper shall first notify the Agency of its or completing the Minimum Improvements or such other
<br /> intention to do so, it may in good ,faith contest any mechanics' improvements in their stead as shall be satisfactory to the
<br /> or other lien filed or established and in such event the Agency Agency. Upon such resale,' the proceeds shall. be applied to- (i)
<br /> shall permit such mechanics' or other lien to remain reimburse the Agency on its own behalf or on behalf of the. .•
<br /> undischarged and unsatisfied during the period of such contest City, for all costs and expenses incurred by the Agency.or"-the
<br /> and any appeal, but only if Redeveloper,provides the Agency City, including,but not limited to salaries of-personnel, in
<br /> with a bank letter of credit in the amount of the lien, in a r connection with the-recapture, management,, and resale of the
<br /> form satisfactory to the Agency pursuant to'-which the bank will Redevelopment.Property or part thereof; (ii) all taxes,'
<br /> pay to the Agency the amount of any lien in:the event. that the i assessments; and water and.sewer charges with respect, to the
<br /> lien is finally determined to be valid- and during the course of Redevelopment'Property or .part thereof (and if the
<br /> such contest Redeveloper.shall'keep the Agency informed i Redevelopment Property is exempt from, taxation or assessment or
<br /> respecting the status of such defense; or utility charges during the period of 'ownership by the Agency,
<br /> an amount equal to such taxes, assessments, or charges (as :-
<br /> '(d) there is, in violation of this Agreement, any determined by the City assessing official) as would have been
<br /> transfer.of, any part of the .Redevelopment Property or any payable if the Redevelopment Property were not so exempt);
<br /> -23- -24-
<br />
|