Reso 2005-108 - Laserfiche WebLink

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construct, has not proceeded diligently with construction, the Agency shall be afforded those rights against such holder which it would otherwise have against Developer under this Agreement. 2.05 Right of Agency to Cure. In the event of a default or breach by the Developer of a mortgage, deed of trust or other security instrument prior to issuance of a Certificate of Completion for all of the Improvements, and the holder has not exercised its option to complete the Improvements, the Agency may terminate the Agreement by writing. 2.06 Holder to be Notified. The Developer, for itself, its successors and assigns hereby warrants and agrees that each term contained herein dealing with security financing and rights of holders shall be either inserted into the relevant deed of trust or mortgage or acknowledged by the holder prior to its coming into any security right or interest in the Property. 2.07 Modifications to Agreement. The Agency shall not unreasonably withhold its consent to modifications of this Agreement requested by Developer's lender or lenders provided such modifications do not alter the Agency's substantive rights and obligations under this Agreement. Article Three: GENERAL PROVISIONS 3.01 Notices, Demands and Communications. Formal notices, demands, and communications between the Agency and the Developer shall be sufficiently given if and shall not be deemed given unless dispatched by regular U.S. mail or delivered personally, to the principal office of the Agency and the Developer as follows: Agency: San Leandro Redevelopment Agency 835 East 14th Street San Leandro, California 94577 Attn: Luke Sims, Business Development Manager Developer: 1103 Davis Street, LLC 291 Joaquin Avenue San Leandro, California 94577 Attn: David Langon Such written notices, demands and communications may be sent in the same manner to such other addresses as the affected Party may from time to time designate by mail as provided in this Section 3.01. 3.02 Conflict of Interests.