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CC PACKET 06122012
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CC PACKET 06122012
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In <br />(c) The City has no obligation to approve any plans for development of a portion of <br />the Development Property the foreclosing mortgagee (or mortgagee obtaining a deed in lieu of <br />foreclosure) owns or to issue any related building permits. <br />'Che purpose of this Section is to permit a foreclosing lender (or mortgagee obtaining a <br />deed in lieu of foreclosure) to hold title to the portion of the Development Property it acquires <br />through foreclosure or deed in lieu of foreclosure, without liability, until it can sell the property it <br />holds to a third party who will assume the obligations of the Developer under the terms of this <br />Agreement and proceed with the Development of the Development Property pursuant to the <br />terms of this Agreement. If, rather than passively holding title to the portion of the Development <br />Property it acquires through foreclosure or deed in lieu of foreclosure, the foreclosing lender (or <br />mortgagee obtaining a deed in lieu of foreclosure) or other purchaser at a foreclosure sale desires <br />to sell portions of the Development Property for continuation of the Development, the purchaser <br />at the foreclosure sale (or mortgagee obtaining a deed in lieu of foreclosure) must assume and <br />perform each of the obligations of the Developer, or the applicable successor to the interest of <br />the Developer, under this Agreement. This Section does not restrict the authority of the <br />Authority to pursue its rights under any outstanding security, exercise remedies otherwise <br />available under this Agreement or suspend the performance of its obligations under this <br />Agreement as otherwise allowed. 'rhe Authority agrees to reasonably cooperate with any <br />foreclosing lender (or mortgagee obtaining a deed in lieu of foreclosure) or other purchaser at a <br />foreclosure sale in pursuing the Development in accordance with this Agreement, including <br />approval of such person as a successor to the rights of the Developer hereunder and taking <br />appropriate actions to allow the benefits and rights hereunder to be realized by such person. <br />Section 10.4 Defaults Under Mortgage. "rhe Developer will use its best efforts to <br />obtain an agreement from any mortgagee under a mortgage on the Development Property (a <br />"Mortgage") that, in the event the Developer is in default under any Mortgage, the mortgagee, <br />within ten (10) days after it becomes aware of any default and prior to exercising any remedy <br />available to it due to such default, will notify the Authority in writing of (i) the fact of default; <br />(ii) the elements of default; and (iii) the actions required to cure the default. If, within the time <br />period required by the Mortgage, the Authority cures any default under the Mortgage, the <br />mortgagee will pursue none of its remedies under the Mortgage based on such default. <br />Section 10.5 Subordination Agreement. In order to facilitate the obtaining of <br />financing for the construction of the Minimum Improvements, the Authority agrees to execute a <br />subordination agreement in form and substance acceptable to the Authority to subordinate the <br />provisions of this Development Agreement to the documents executed in connection with the <br />Construction Loan. <br />ARTICLE XI <br />INSURANCE <br />Section 11.1 Insurance. <br />(a) The Developer shall obtain and continuously maintain insurance on the <br />Development and, from time to time at the request of the Authority, furnish proof to the <br />Authority that the premiums for such insurance have been paid and the insurance is in effect. <br />The insurance coverage described below is the minimum insurance coverage that the Developer <br />24 <br />
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