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75A - CREVIER DEVELOPMENT AGMT.
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07/19/2004
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75A - CREVIER DEVELOPMENT AGMT.
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1/3/2012 5:01:42 PM
Creation date
7/22/2004 4:11:11 PM
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City Clerk
Doc Type
Agenda Packet
Item #
75A
Date
7/19/2004
Destruction Year
2009
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<br />B. <br /> <br />C. <br /> <br />Section 314. <br /> <br />A. <br /> <br />provided that in the case of a default which cannot with diligence be remedied or <br />cured, or the remedy or cure of which cannot be commenced, within such one <br />hundred twenty (120) day period, such holder shall have such additional time as is <br />reasonably necessary to remedy or cure such default ofthe Developer. <br /> <br />2. <br /> <br />Nothing contained in this DDA shall be deemed to permit or authorize such <br />holder to undertake or continue the construction or completion of the <br />improvements (beyond the extent necessary to conserve or protect the <br />improvements or construction already made) without first having expressly <br />assumed the obligations to the Agency by written agreement satisfactory to the <br />Agency. The holder in that event must agree to complete, or cause to be <br />completed, in the manner provided in this DDA, the improvements to which the <br />lien or title of such holder relates, and submit evidence satisfactory to the Agency <br />that it has the qualifications and financial responsibility necessary to perform such <br />obligations, but the Agency and holder shall, upon holder's request, meet and <br />confer in an effort to determine whether the schedule (Attachment No.7 hereto) <br />should be adjusted to take into account the reasonable time necessary for the <br />holder to obtain possession of and title to the Project, to analyze and negotiate <br />amendments to plans, specifications, and construction contracts. Any such holder <br />properly completing such improvements pursuant to section 314 of this DDA <br />shall be entitled, upon written request made to the Agency, to a Certificate of <br />Completion from the Agency. <br /> <br />Certificate of Completion <br /> <br />Promptly after the completion of all construction required by this DDA to be completed <br />by Developer (including landscaping and off-site improvements) in all material respects, <br />the Agency's Executive Director shall furnish Developer with a Certificate of Completion <br />therefore upon written request by Developer. Agency's Executive Director shall not <br />umeasonably withhold or delay such Certificate. Such Certificate shall affirm that <br />satisfactory completion of the construction required by this DDA has been conclusively <br />determined by Agency. If the Agency's Executive Director refuses or fails to furnish <br />such Certificate of Completion after written request from Developer, the Agency's <br />Executive Director shall within ten (10) days of the written request, provide Developer <br />with a written statement of the reasons why the Agency refuses or fails to furnish such <br />Certificate of Completion. The statement shall also contain the Agency's Executive <br />Director's opinion of the action that must be taken to obtain such Certificate of <br />Completion <br /> <br />_._~ <br /> <br />If this DDA has been recorded at the Recorder's Office of Orange County, such <br />Certificate of Completion shall be in such form as to permit it to be recorded at the <br />Recorder's Office of Orange County. <br /> <br />Such Certificate of Completion shall not constitute evidence of compliance with, or <br />satisfaction of, any obligation of Developer to any holder of a mortgage, or any insurer of <br /> <br />10 <br />
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