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RDA Agmt 2000 Brooks_Michael etc
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RDA Agmt 2000 Brooks_Michael etc
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9/4/2010 5:02:00 PM
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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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7.04 Liquidated Damages for Violation of Development Scheduling <br /> Developer is required to submit a Final Development Plan pursuant to Section 4.03 of this Part, <br /> Construction Plans pursuant to Section 4.04 of this Part, a Leasing Plan pursuant to Section 4.06 of this <br /> Part, Construction Financing Plans pursuant to Section 4.05 of this Part and the construction pursuant to <br /> Section 4.08(a). Developer acknowledges that the failure to adhere to the schedule for submittal of these <br /> documents as set forth in Sections 4.03, 4.04, 4.05, 4.06, and 4.08(a) is a default of this Agreement and <br /> that the Agency's damages for such a default are impossible to determine. Accordingly, Developer shall <br /> pay liquidated damages of $500 per day for each date that Developer fails to fulfill the requirements of <br /> Section 4.03, 4.04, 4.05, 4.06, and 4.08(a). <br /> PART TWO: GENERAL PROVISIONS <br /> Article One: GENERAL REQUIREMENTS AFTER CONSTRUCTION <br /> 1.01 Applicability. <br /> The Developer, for itself, its successors and assigns agrees that upon the Developer's satisfaction <br /> of the conditions for issuance of the Certificate of Completion, the conditions set forth in this Article One <br /> shall apply for twenty (20) years, except the covenants against discrimination at Section 1.03 of this Part <br /> shall be perpetual, and except the provisions of the Redevelopment Plan, shall be in effect for the duration <br /> of the Redevelopment Plan. <br /> 1.02 Operating Covenant <br /> The operating covenant set forth in Section 4.09(b) shall apply for twenty (20) years. <br /> 1.03 Mandatory Language in All Subsequent Deeds, Leases and Contracts. <br /> All deeds, leases or contracts made or entered into by Developer, its successors or assigns, as to <br /> any portion of the Property shall contain therein the following language: <br /> (a) In Deeds: <br /> 'Grantee herein covenants by and for itself, its successors and assigns, and all <br /> persons claiming under or through it, that there shall be no discrimination against <br /> or segregation of a person or of a group of persons on account of race, color, <br /> religion, creed, sex, marital status, ancestry, or national origin in the sale, lease, <br /> sublease, transfer, use, occupancy, tenure or enjoyment of the property herein <br /> conveyed nor shall the grantee or any person claiming under or through the <br /> grantee establish or permit any such practice or practices of discrimination or <br /> segregation with reference to the selection, location, number, use or occupancy of <br /> Disposition and Development Page 14 of 23 <br /> Agreement <br /> 90 <br />
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