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04 - JOINT PH - Habitat DDA
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04 - JOINT PH - Habitat DDA
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1/3/2012 3:32:46 PM
Creation date
4/5/2011 11:27:45 AM
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City Clerk
Doc Type
Agenda Packet
Item #
04
Date
3/21/2011
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Requirement of the 1986 Tax Reform Act as may be required by Escrow Agent, on the form to <br />be supplied by Escrow Agent. <br />g. Prepare and file with all appropriate governmental or taxing <br />authorities a uniform settlement statement, closing statement, tax withholding fot~rns including an <br />IRS 1099-5 form, and be responsible for withholding taxes, if any such forms are provided for or <br />required by law. <br />202.5 Closing. The Closing of each Phase of this transaction shall occur within <br />ten (10) days of the parties' satisfaction of all Conditions Precedent to Closing as set forth in <br />Section 205 hereof, and only after issuance of building permits and adequate approved proof of <br />financing. The Closing of each Phase shall occur at the offices of Escrow Agent at a time <br />and place reasonably agreed on by the parties <br />202.6 Termination. <br />A. Termination by the Developer. In the event that: <br />(i) The Developer is unable to obtain financing necessary for <br />the construction of the Improvements, or <br />(ii) The Agency is in default of the Agreement and has not <br />cured or commenced to cure such default within the time period set forth herein. <br />Then, subject to any applicable cure provisions contained in this Agreement, at <br />the option of the Developer, thirty (30) days after written notice thereof is delivered to the <br />Agency, all provisions of this Agreement regarding the future purchase of Phases shall terminate <br />and be of no further force and effect. Thereafter, neither the Agency nor the Developer shall <br />have any further rights against or liability to the other with respect to this Agreement and any <br />Phase not previously purchased. <br />B. Termination by the Agency. In the event that: <br />(i) The Developer (or any successor in interest) assigns or <br />attempts to assign this Agreement or any rights therein or in the improved parcels in violation of <br />this Agreement; or <br />(ii) The Developer fails to proceed with or suspends work on <br />any Project; or <br />(iii) The Developer does not submit certificates of insurance, <br />construction plans, drawings and related documents as required by this Agreement, in the <br />manner and by the dates respectively provided in this Agreement and such default or failure shall <br />not be cured within thirty (30) days after the date of written demand therefor by the Agency; or <br />(iv) The Developer does not satisfy the Agency's Conditions to <br />the Conveyance of the corresponding Houses and corresponding Parcels by the time established <br />therefor in the Schedule of Performance; or <br />11 EXHIBIT 4 <br />
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