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80A - JT PH VISTA DEL RIO HOUSING
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07/20/2009
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80A - JT PH VISTA DEL RIO HOUSING
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Last modified
1/3/2012 4:17:53 PM
Creation date
7/15/2009 1:12:42 PM
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City Clerk
Doc Type
Agenda Packet
Item #
80A
Date
7/20/2009
Destruction Year
2014
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(g) Work on the Construction ceases for thirty (30) consecutive days <br />for any reason (other than governmental orders, decrees or regulations, acts of God or any other <br />deity, strikes or other causes beyond Vista Del Rio's reasonable control), provided that the same <br />do not, in the aggregate and in the City's reasonable judgment, threaten to delay the completion <br />of the Construction beyond the required completion date set forth in this Agreement; <br />(h) Vista Del Rio is enjoined or otherwise prohibited by any <br />Governmental Authority from constructing and/or occupying the improvements and such <br />injunction or prohibition continues unstayed for sixty (60) days or more for any reason; <br />(i) [intentionally omitted]; <br />(j) Vista Del Rio is dissolved, liquidated or terminated, or all or <br />substantially all of the assets of Vista Del Rio are sold or otherwise transferred without the <br />Executive Director's prior written consent; <br />(k) Vista Del Rio is the subject of an order for relief by a bankruptcy <br />court, or is unable or admits its inability to pay its debts as they mature, or makes an assignment <br />for the benefit of creditors; or Vista Del Rio applies for or consents to the appointment of any <br />receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer for it or any <br />part of its property; or any receiver, trustee, custodian, conservator, liquidator, rehabilitator or <br />similar officer is appointed without the application or consent of Vista Del Rio and the <br />appointment continues undischarged or unstayed for ninety (90) days; or Vista Del Rio institutes <br />or consents to any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, <br />dissolution, custodianship, conservatorship, liquidation, Construction or similar proceeding <br />relating to it or any part of its property; or any similar proceeding is instituted without the <br />consent of Vista Del Rio and continues undismissed or unstayed for ninety (90) days; or any <br />judgment, writ, warrant of attachment or execution, or similar process is issued or levied against <br />any property of Vista Del Rio and is not released, vacated or fully bonded within ninety (90) <br />days after its issue or levy; or <br />(1) (i) any of the Senior Loan documents is revoked or terminated, in <br />whole or in part and for any reason (except due to repayment of such loans), without the <br />Executive Director's prior written consent, or (ii) Vista Del Rio defaults or otherwise fails to <br />perform any of its duties or obligations under or in connection with any of the Senior Loan <br />documents, subject to all applicable notice and cure periods, or (iii) any of the Senior Loan <br />documents is amended, supplemented or otherwise modified without City's prior written consent, <br />which consent shall not be unreasonably withheld. Notwithstanding anything to the contrary <br />contained herein, City hereby agrees that any cure of any default made or tendered by Vista Del <br />Rio's Limited Partner shall be deemed to be a cure by Vista Del Rio and shall be accepted or <br />rejected on the same basis as if made or tendered by Vista Del Rio. <br />20.2 Remedies Upon Default. Upon the occurrence of any Event of Default, City <br />may, at its option and in its absolute discretion, do any or all of the following: <br />(a) By written notice to Vista Del Rio, declare the principal of all <br />38 <br />80A-114 <br />
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