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75B - PH TO ADOPT SCIP
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75B - PH TO ADOPT SCIP
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Last modified
10/14/2020 3:15:53 PM
Creation date
10/14/2020 3:02:03 PM
Metadata
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
75B
Date
10/20/2020
Destruction Year
2025
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be acquired from the Developer. <br />G. The parties anticipate that, upon completion of the Acquisition Improvements and <br />subject to the terms and conditions of this Agreement, the Local Agency will acquire such <br />completed Acquisition Improvements with the Available Amount. <br />H. Any and all monetary obligations of the Local Agency arising out of this <br />Agreement are the special and limited obligations of the Local Agency payable only from the <br />Available Amount, and no other funds whatsoever of the Local Agency shall be obligated <br />therefor. <br />I. Attached to this Agreement are Exhibit A (the Acquisition Improvements and the <br />Eligible Portions thereof), Exhibit B (form of Requisition), and Exhibit C (Bidding, Contracting <br />and Construction Requirements for Acquisition Improvements), all of which are incorporated <br />into this Agreement for all purposes. <br />Agreement <br />ARTICLE I <br />DEFINITIONS; DISTRICT <br />FORMATION AND FINANCING PLAN <br />Section 1.01. Definitions. As used herein, the following capitalized terms shall <br />have the meanings ascribed to them below: <br />"Acceptable Title" means free and clear of all monetary liens, encumbrances, <br />assessments, whether any such item is recorded or unrecorded, and taxes, except those items <br />which are reasonably determined by the Local Agency Engineer not to interfere with the <br />intended use and therefore are not required to be cleared from the title. <br />"Acquisition and Construction Fund" means the "[Local Agency] Acquisition and <br />Construction Fund" established by the Authority pursuant to Section 1.03 hereof for the purpose <br />of paying the Acquisition Price of the Acquisition Improvements and which fund may be held as <br />a subaccount within a fund established under the Authority Trust Agreement and may be <br />commingled with acquisition and construction fund monies available for other public capital <br />improvements. <br />"Acquisition Improvement" shall have the meaning assigned to such term in the recitals <br />and are further described in Exhibit A. <br />"Acquisition Price" means the total amount eligible to be paid to the Developer upon <br />acquisition of an Acquisition Improvement as provided in Section 2.03 not to exceed the Actual <br />Cost of the Acquisition Improvement. <br />"Act" has the meaning ascribed thereto in Recital C. <br />75B-21 <br />
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