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80A - SETTLEMENT AGMT FINAL VERSION
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80A - SETTLEMENT AGMT FINAL VERSION
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1/3/2012 3:47:44 PM
Creation date
4/20/2011 3:07:37 PM
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City Clerk
Doc Type
Agenda Packet
Date
4/18/2011
Destruction Year
2016
Notes
FINAL VERSION
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in the case of the Phase FS, prior to the Conveyance and as a Condition Precedent of the first <br />phase within Phase FS, in the same format as the Budget, showing Total Development Costs <br />based on the then most current information. <br />"Schedule of Performance" means the schedule prepared and approved by the <br />Developer and the Agency Executive Director within thirty (30) days of the Date of Agreement <br />setting out the dates and/or time periods within which certain obligations set forth in this <br />Agreement must be accomplished, subject to Section 507 below. The Schedule of Performance <br />is subject to revision from time to time as mutually agreed upon in writing between the <br />Developer and the Agency Executive Director. The Agency Executive Director is authorized to <br />initially approve the Schedule of Performance and make such revisions as she deems reasonably <br />necessary, subject to concurrence of the Developer. <br />"Scope of Development" means the Scope of Development attached hereto as <br />Attachment No. 5 and incorporated herein by reference, which describes the scope and quality of <br />development of the Developer Improvements to be constructed by the Developer pursuant to the <br />terms and conditions of this Agreement. The Scope of Development is subject to revision from <br />time to time as mutually agreed upon in writing between the Developer and the Agency <br />Executive Director. The Agency Executive Director is authorized to make such revisions as he <br />or she deems reasonably necessary, subject to the concurrence of the Developer. <br />"Segura Parcels" are shown on the Site Map and described in Attachment No. 1A. <br />"Segura Purchase Agreements" is defined in Recital E. <br />"Site" has the meaning set forth in Recital E. <br />"Site Condition" is defined in Section 206.2. <br />"Site Improvements" means all existing, as of the date hereof, above-ground structures <br />and underground basements, utility vaults and/or septic tanks, and any debris associated with <br />demolition of the foregoing, including without limitation such basements and/or septic tanks are <br />identified on Attachment No. 1. <br />"Site Map" means the map which is attached hereto as Attachment No. 1 and <br />incorporated herein by reference. <br />"Site Plait Review Fee" means the fee imposed pursuant to City Council Resolution <br />No. 2009-030, Section VIII, Revenue Account No. 5409, as amended from time to time. <br />"Soils and Geological Condition" means the condition of the soil and its stability as it <br />relates to the developability of the Site. <br />"Station District" is defined in Recital E. <br />"Tax Credit Regulatory Agreement" shall mean the regulatory agreements which shall <br />be recorded against each Phase of the Rental Portion of the Site (or any portion thereof) with <br />respect to the issuance of Tax Credits. <br />lI <br />DOCSOG1400673v 14/200272-0001
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