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Reso 1997-101 to 105
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Reso 1997-101 to 105
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/1997
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Article Seven: SPECIFIC REQUIREMENTS REGARDING REMEDIES <br />7.01 Right of Reverter. <br />In the event that following close of escrow, this Agreement is terminated <br />pursuant to Section 6.04 of this Agreement and such termination occurs prior to <br />Developer's satisfaction of the requirements for issuance of the Certificate of <br />Completion, then the Agency shall have the right, at its election, to reenter and take <br />possession of the Property and all improvements thereon and to revest in the Agency <br />the estates of Developer therein. <br />Upon revesting in the Agency of title, the Agency shall promptly use its best <br />efforts to resell the Property consistent with its obligations under state law. Upon <br />sale the proceeds shall be applied as follows: <br />(a) First, to reimburse the Agency or San Leandro for any costs it <br />incurs in managing or selling the Property including but not limited to amounts to <br />discharge or prevent liens or encumbrances arising from any acts or omissions of <br />Developer; <br />(b) Second, to repay any outstanding loans or promissory notes owed <br />by Developer to the City of San Leandro or the Agency; <br />(c) Third, to the Developer up to the sum of the amount paid to the <br />Agency for the Property and the reasonable cost of the Improvements Developer has <br />placed on the portion of the Property reverting to the Agency; and <br />(d) Fourth, any balance to the Agency. <br />The rights of the Agency pursuant to this Section 7.01 shall be set forth in the <br />Grant Deed. <br />7.02 Construction Plans. <br />If the Agreement is terminated pursuant to Section 6.04 of this Part, <br />Developer shall deliver to the Agency copies of any development or construction <br />plans Developer has had prepared for the Improvements on the Property. Developer <br />does not warrant or guarantee the correctness or usability of any plans delivered to <br />Disposition and Development Page 30 <br />Agreement (Creekside Center) <br />7/23/97, 8/5/97, 8/11/97, 8/12/97 <br />
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