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55A - AGMT LEGACY APARTMENTS
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12/15/2020
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55A - AGMT LEGACY APARTMENTS
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12/10/2020 5:00:39 PM
Creation date
12/10/2020 4:55:21 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
55A
Date
12/15/2020
Destruction Year
2025
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(10) Business Days after Developer's receipt of written notice that such payment was not <br />received when due; <br />(b) Developer fails to perform any other obligation for the <br />payment of money under any Loan Document, and such failure is not cured within ten (10) <br />Business Days after Developer's receipt of written notice that such obligation was not <br />performed when due; <br />(c) Developer fails to perform any obligation (other than the <br />obligations described in subparagraphs (a) and (b) above) under any Loan Document, and <br />such failure is not cured within thirty (30) days after Developer's receipt of written notice <br />that such obligation was not performed; provided that, if cure cannot reasonably be effected <br />within such thirty (30)-day period, such failure shall not be an Event of Default so long as <br />Developer (in any event, within ten (10) Business Days after receipt of such notice) <br />commences to cure, and thereafter diligently (in any event within ninety (90) days after <br />receipt of such notice) prosecutes such cure to completion; <br />(d) Any representation or warranty in any Loan Document <br />proves to have been incorrect in any material respect when made; <br />(e) The Property is materially damaged or destroyed by fire or <br />other casualty unless Developer fulfills the Restoration Conditions set forth in the <br />insurance provisions of this Agreement within one hundred eighty (180) days (unless <br />extended pursuant to Section 19.5) and thereafter diligently restores the Property in <br />accordance with this Agreement; <br />(f) Work on the construction ceases for thirty (30) consecutive <br />days for any reason (other than governmental orders, decrees or regulations, acts of God or <br />any other deity, strikes or other causes beyond Developer's reasonable control); <br />(g) Developer is enjoined or otherwise prohibited by any <br />Governmental Authority from constructing and/or occupying the Improvements and such <br />injunction or prohibition continues unstayed for sixty (60) days or more for any reason; <br />(h) Developer is dissolved, liquidated or terminated, or all or <br />substantially all of the assets of Developer are sold or otherwise transferred without the <br />City Project Manager's prior written consent; <br />0 Developer is the subject of an order for relief by a <br />bankruptcy court, or is unable or admits its inability to pay its debts as they mature, or <br />makes an assignment for the benefit of creditors; or Developer applies for or consents to <br />the appointment of any receiver, trustee, custodian, conservator, liquidator, rehabilitator or <br />similar officer for it or any part of its property; or any receiver, trustee, custodian, <br />conservator, liquidator, rehabilitator or similar officer is appointed without the application <br />or consent of Developer and the appointment continues undischarged or unstayed for <br />ninety (90) days; or Developer institutes or consents to any bankruptcy, insolvency, <br />reorganization, arrangement, readjustment of debt, dissolution, custodianship, <br />conservatorship, liquidation, construction or similar proceeding relating to it or any part of <br />55A-51 <br />
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