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25B - AGMT - 815 N HARBOR LOAN
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02/17/2015
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25B - AGMT - 815 N HARBOR LOAN
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2/12/2015 4:45:31 PM
Creation date
2/12/2015 4:13:11 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25B
Date
2/17/2015
Destruction Year
2020
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materially reduced or impaired as a result. Developer shall use its best efforts to obtain <br />only policies which permit the foregoing waive` o f subrogation. <br />I& DE FAULTS AND REVILDIE S <br />11.1 Events of Default. The occurrence of any of the following, whatever the <br />reusun tllerefore, shall constitute an Event o f Default by Developer: <br />(a) Developer: fails to make any payment of principal or interest under' <br />the City Loan Note when due, and such failure is not cured within fifteen (15) BusiDUSS <br />Days after Developer's receipt oCwritten notice that such payment was not received when <br />date; <br />(a) Developer fails to perform any other obligation for the payment of <br />rrroney under any Loan Document, and such failure is not cured within fifteen (15) <br />Business Days after Developer's receipt of written notice that such obligation was not <br />performed when due; <br />(c) Developer fails to perform any obligation (other than the <br />obligations deserihed in subparagraphs (a) and (b) above) under any Logan Document, amd <br />such faihire is not cured within thirty (30) days after Developers receipt of written notice <br />that such obligation was not performed; provided that, if cure cannot reasonably be <br />effected within such thirty (30)-day period, such failure shalt not he an Event of [default <br />so ImS as Developer (iii any event, within ten (10) days after receipt of such notice) <br />commences to cure, and thereafter diligently (in any event within ninety (90) days after <br />receipt of such notice) prosecutes such cure to completio z <br />(d) Any representation or warranty in any Lean Document prove% to <br />have been incorrect in any material respect when in ale; <br />(e) The Propeity is maternally damaged or destroyed by fire or other <br />casualty Gutless Developer fulfills the Restoration Conditions sot 'forth in the insurance <br />provisions of this Agreement within ninety (90) days (unless extended pursuant to <br />"Section IT5) and thereafter diligently restores the Property in accordance with this <br />Agreement; <br />(t) Work on the construction ceases for thirty (34) Consecutive days <br />for any reason (other than governmental orders, decree., or regulations, acts of God or any <br />other deity, strikes or other causes beyond Developer's reasonable control), provided that <br />the same do not, in the aggregate and in the City's reasonable judgment, threaten to delay <br />the, completion of the construction beyond the required completion date set forth to this <br />Agreeinent; <br />(h) Developer is enjoined or otherwise prohibited by any Government <br />Authority from constructing and /or occupying the improvements and such injunction or <br />prohibition continues unstayed for sixty (60) days orinore for arty reason; <br />35 <br />25B -41 <br />
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