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77-038
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Last modified
1/3/2012 12:34:15 PM
Creation date
6/26/2003 10:46:49 AM
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City Clerk
Doc Type
Resolution
Doc #
77-38
Date
3/29/1977
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(g) SEC. 702 This Section is hereby deleted in its entirety <br />and a new Section 702 inserted as follows: <br /> <br />SEC. 702 Termination b~..Rede.v~l'op.er. Prior to Conveyance. <br />In the event that '' <br /> <br />(a) <br /> <br />(b) <br /> <br />the Agency does not tender conveyance of the <br />Property or portions thereof, or possession <br />thereof, in tile manner and condition, and by <br />the date', provided in the Agreement, and any <br />such failure shall not be cured within ~hirty <br />(30) days after the date of written demand by <br />the Redeveloper; or <br /> <br />the Redeveloper shall, after preparation of <br />Construction Plans satisfactory to the Agency, <br />furnish evidence satisfactory to the Agency <br />that it has been unable, after apd despite <br />diligent effort for a period of sixty (60) <br />days after approval by tile Agency of the Con- <br />struction Plans, to obtain mortgage financing <br />for the construction of the Improvements on <br />a basis and on terms that would generally be <br />considered satisfactory by builders or con- <br />tractors for improvements of the nature and <br />type provided in such Construction Plans, <br />and the Redeveloper shall, after having sub- <br />mitted such evidence and if so requested by <br />the. Agency, continue to make diligent efforts <br />to obtain such financing for a period of <br />sixty (60) days after such request, but with- <br />out success, <br /> <br />then the Agreement shall (with respect to'any unconveyed portion of <br />the Property), at the option of the Redeveloper, be terminated by <br />written notice thereof to the Agency and the Authority, and, <br />except with respect to the return of the Initial Advance as provided <br />in Paragraph (a), Section 7 of Part I hereof, neither th~ Agency, <br />the Authority nor the Redeveloper shall have any further rights <br />against or liability to each other under the Agreement with respect <br />to any such unconveyed portion of the Property. <br /> <br /> (h) SEC. 703This Section is hereby deleted in its entirety <br />and a new Section 703 inserted as follows: <br /> <br />SEC. 703 Termination by Agency. Prior to Conveyance. <br />In the event that <br /> <br />(a) <br /> <br />prior to conveyance of the Property or portions <br />thereof to the Redeveloper and in violation of <br />the Agreement <br /> <br /> (i) the Redeveloper (or any successor in <br /> interest) assigns or attempts to as- <br /> sign the Agreement or any rights there- <br /> ill, or in tile Property or portions <br /> thereof, or <br /> <br />-30- <br /> <br /> <br />
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