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80A - SETTLEMENT AGMT FINAL VERSION
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04/18/2011
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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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1.7.4. Property No. 16. The Parties agree that demolition of Property No. 16 <br />("Minter Court") is subject to the specific provisions set forth in Section 3 <br />of this Agreement. <br />1.7.5. The Parties acknowledge and agree that the Agency may initiate the <br />bidding process on a demolition contract for any of the Properties <br />identified in this Section 1.7 immediately following the Effective Date of <br />this Agreement, and prior to the award of Tax Credits for Phase R-1, to <br />ensure that the parcels will be cleared in compliance with all requirements <br />for receiving Tax Credits or other financing. It is the intent of the Parties <br />that the Properties identified in this Section 1.7 be demolished irrespective <br />of the eligibility determination that may be made in the Historic Survey to <br />be prepared under Section 4 of this Agreement. <br />1.8. Potential Demolition of Specific Additional Properties. The Parties acknowledge <br />that the Agency may acquire Property No. 19 and Property No. 20, which are <br />currently owned by third parties, and that if acquired, the structures on those <br />parcels may be demolished irrespective of the eligibility determination that may <br />be made in the Historic Survey to be prepared under Section 4 of this Agreement. <br />1.9. Submittal of Revised DDA. The Developer and the Agency will prepare and <br />submit the Revised DDA for consideration by the Board as soon as possible after <br />the Effective Date of this Agreement. <br />1.10. City and Agency Processing of the Revised DDA. The City and the Agency shall <br />consider in good faith and process the Revised DDA as quickly permitted by law. <br />1.11. Support of Revised Station District Project. Petitioner FOL agrees not to oppose, <br />challenge or undermine, and not to advocate that any members of the community, <br />including any members of FOL, oppose, challenge or undermine the Revised <br />DDA or the Revised Station District Project by referendum, initiative or <br />otherwise. Petitioner FOL shall not, directly or indirectly, (i) commence any new <br />litigation or any other judicial proceeding of any kind, nature or description <br />against the Developer, the City, the Agency or any other Party in any way relating <br />to the Revised DDA or the Revised Station District Project, or (ii) assert any <br />claim, argument, appeal, demand, request or statement in opposition to the <br />Revised Station District Project in connection with any administrative or <br />legislative proceeding held with respect to the Revised DDA or the Revised <br />Station District Project, or (iii) cooperate in any efforts to do any of the foregoing. <br />Without limiting the generality of the foregoing, Petitioner FOL shall not prepare <br />or submit any oral or written communication or appear at any public hearing in <br />opposition to the Revised DDA, the Revised Station District Project, or any <br />discretionary or ministerial governmental approval pertaining to the Revised <br />Station District Project. <br />1.12. Covenant Not to Sue on Revised Station District Project. Petitioner FOL and each <br />of its members and Debra McEwen covenant and agree that they shall forever
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