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Reso 1996-166 to 170
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Reso 1996-166 to 170
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1996
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PERM
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modes of financing acquisition, construction, and development of the Property or any <br />portion thereof. <br />2.02 Holder Not Obligated to Construct. <br />The holder of any mortgage, deed of trust or other security interest authorized <br />by this Agreement is not obligated to construct or complete any improvement or to <br />guarantee such construction or completion; nor shall any covenant or any other <br />provision in conveyances from the Agency to Developer evidencing the realty <br />comprising the Property or any part thereof be construed so to obligate such holder. <br />Nothing in this Agreement shall be deemed to permit or authorize any such holder to <br />devote the Property or any portion thereof to any uses, or to construct any <br />improvements thereon, other than those uses or improvements provided for or <br />authorized by this Agreement. <br />2.03 Notice of Default and Right to Cure. <br />Whenever the Agency pursuant to its rights set forth in this Agreement <br />delivers any notice or demand to the Developer with respect to the commencement, <br />completion, or cessation in the construction of the Improvements the Agency shall at <br />the same time deliver to each holder of record of any mortgage, deed of trust or other <br />security interest authorized by this Agreement a copy of such notice or demand. <br />Each such holder shall (insofar as the rights of the Agency are concerned) have the <br />right, but not the obligation, at its option, within ninety (90) days after the receipt of <br />the notice, to cure or remedy or commence to cure or remedy any such default or <br />breach and to add the cost thereof to the security interest debt and the lien on its <br />security interest. Nothing contained in this Agreement shall be deemed to permit or <br />authorize such holder to undertake or continue the construction or completion of the <br />Improvements (beyond the extent necessary to conserve or protect such <br />improvements or construction already made) without first having expressly assumed <br />in writing the Developer's obligations to the Agency relating specifically to such <br />Improvements under this Agreement. The holder in that event must agree to <br />complete, in the manner provided in this Agreement, the Improvements and submit <br />evidence reasonably satisfactory to the Agency that it has the developmental <br />capability on staff or retainer and financial capacity necessary to perform such <br />obligations. Any such holder properly completing such Improvements pursuant to <br />this paragraph shall assume all rights and obligations of Developer under this <br />Disposition and Development Page 30 of 39 <br />Agreement (Automall) <br />10/2/96 <br />
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