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77-038
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77-038
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Last modified
1/3/2012 12:34:15 PM
Creation date
6/26/2003 10:46:49 AM
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City Clerk
Doc Type
Resolution
Doc #
77-38
Date
3/29/1977
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HUD.620~B <br /> <br /> ., hgreof. A~l ~ork vith rc~pnc~ to ~h~' improvements to be conatructed or <br /> ,proviaed ~? the RedeveXoper on the Propcr~? .hsl~ b~ In conforml~ vi~ <br /> Construction Plans as approved by the Asency. The term "Zmprovemen%s", as <br /> used in'this Agreement, shall be deemed Lo have referen¢'e to the improvements <br /> as provided end specified in the Construction Plans as so approved. <br /> <br /> SEC, 302. Ch~nses in Construction Plans. If the Redeveloper ~esires to <br /> make any change in the Construction Plans after ~he~r ~pprove~ by ~he ~ency~ <br /> the Redeveloper sh~ll ~ubmit the proposed change to the ~ency for <br /> approval. If the C~lstruction F~s, as ~od~fled by the proposed ch~e~ <br /> confo~ to the requirements off Section 301 hereof with re~pect to such <br /> previously approved Construction Plans, the ~ency shall approve the pro~sed <br /> ch~e ~d notif~ the Redeveloper in ~itin~ off Its approval. Such ch~e Sn <br /> the Const~ction Plans shall, In ~y event, be d~e~d approved by the ~ency <br />.... unless rejection thereoff~ in whole or in part, by ~itten not$ce thereof by <br /> the ~ency to the Redeveloper, sett~n~ forth in detail the reason~ therefor~ <br /> shall be ~de within the perl~ specified therefor in paragraph (d), Sect$on <br /> ~'of Fart ~ hereoff. <br /> SEC. 303. Evidence of E~uit~ C~pltal and ~ort~a~e F[n~cin~. <br /> promptly as possSble after approval by the ~ency of the Construction <br /> Pl~s~ ~d, ~n any event~ no later th~ the time s~cifled therefor in <br /> Paragraph (el, Section ~ of Part I hereof, the Redeveloper shall.submit <br /> to the ~en~y evidence s~t~sfaetory to the ~en~y that the Redeveloper <br /> has the equity capital ~d co~itments for ~rtga~e financin~ necessary <br /> for the const~ction of the ~provement~. <br /> <br /> SEC. 3Oh. ApFrovals o£ Construction Plans and Evidedce of Fina~cin~ <br />As Conditions Precedent to Conveyance. The submission of ~onstruction <br />Plans and their approval by the Agency as provided in Section ]O1 hereof, <br />and the submission of evidencs of equity capital and commitments for <br />mortgage financing as provided in Section 303 hereof, are, conditions <br />precedent to the obligation o£ the Agency to convey thF Property to the <br />Redeveloper. <br /> <br /> SEC. 305, Co~nencement and Completion of Construction of <br />Improvements. The Redeveloper ugrees for itself, its successors and <br />assigns, and every successor in interest to the Property, or any p~rt <br />thereof, and the Deed shall contain ,.ovenants on the part of the <br />Redeveloper for itself and such successors and assigns, that the <br />Redeveloper, and such successors and assigns, shall promptly begin and <br />diligently prosecute to completion the redevelopment of the Property <br />through the construction of the Improvements thereon, and that such <br />cons~ruction shall In any event be begun within the period specified in <br />Section h of Part I hereof and be completed within t.he period specified <br />{~ such Section It. It in l~tcnded and agreed, and the D~ted shat] so <br />~: pressly provide, that such asre~meni,s and covenants shall be covenants <br />r~ nnin6 ~ith tho land and that they shall, in any event, and without <br />re~ard to technical classifl~'at.l, on or dcsignatlon, legal or otherwise, <br />'and except, only ns otherwlso specifically provided in the AIJreement <br />itself, be, to the fullest cx{,cnt permitted by law and equity, binding for <br />the benefit of the community.and the Agency and enforceable by the Agency <br />against the Redeveloper and lt~ successors and assigns to or of the <br />Property or any part thereof or any interest therein. <br /> <br />-5- <br /> <br /> <br />
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