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RDA Agmt 2000 Brooks_Michael etc
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RDA Agmt 2000 Brooks_Michael etc
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Last modified
9/4/2010 5:02:00 PM
Creation date
9/4/2010 5:01:58 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
3/20/2000
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PERM
Document Relationships
RDA Reso 2000-012
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2000
Reso 2000-036
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2000
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• <br /> (c) Developer fails to procure in a timely manner a building permit or other approvals <br /> for the Improvements or abandons any further attempts when there is a reasonable likelihood that such <br /> permit or other approvals would otherwise be issued by the proper authority in a timely manner and in <br /> substance satisfactory to Developer; <br /> (d) Developer constructs or attempts to construct the Improvements in material <br /> deviation from the latest approved Construction Plans; <br /> (e) Developer fails to submit any plans or evidence required by Article One of this <br /> Part by the date specified in the relevant section; <br /> (f) Absent an enforced delay as defined in Section 3.04 of Part Two, <br /> the Developer fails to commence construction of the Improvements or to complete same within the time <br /> limits set forth in this Agreement <br /> (g) Absent an enforced delay as defined in Section 3.04 of Part Two, the Developer <br /> abandons or suspends construction of the Improvements for a period of sixty (60) days after written notice <br /> by the Agency of such abandonment or suspension; <br /> (h) Prior to Developer's satisfaction of the conditions for issuance of a Certificate of <br /> Completion, the Developer voluntarily or involuntarily undertakes a Transfer not permitted by this <br /> Agreement <br /> (i) Developer fails to tender any amount it is required to pay pursuant to Section 3.02 <br /> or Section 3.03 of this Part; or <br /> 0) Developer fails to provide the Agency with signed leases in accordance with <br /> Section 4.05 of this Part; or <br /> (k) Prior to Developer's satisfaction of the conditions for issuance of the Certificate of <br /> Completion, the Developer breaches any other material provision of this Agreement <br /> Upon the happening of any of the above - described events, the Agency shall first notify the <br /> Developer in writing of its purported breach, failure or act above - described, giving the Developer ten (10) <br /> days from receipt of such notice to cure such breach, failure, or act, or if the nature of the breach or failure <br /> is such that it cannot reasonably be cured in ten (10) days, then giving the Developer such longer period as <br /> reasonably may be required for such cure or action provided that Developer commences action to cure the <br /> breach or default within said ten (10) day period and thereafter diligently pursues the cure to completion. In <br /> the event Developer does not then so cure within said ten (10) days, or in the event that Developer does <br /> not commence curing a default which is not curable within said ten (10) days, the Agency thereafter shall <br /> be afforded the right to terminate this Agreement, retain the Deposit if such default occurred prior to close <br /> of escrow, and any other rights afforded it by law or equity. <br /> Disposition and Development Page 12 of 23 <br /> Agreement <br />
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