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75A - PH - EIR THE HERITAGE 2001 E DYER
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75A - PH - EIR THE HERITAGE 2001 E DYER
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Last modified
1/28/2016 4:39:05 PM
Creation date
1/28/2016 4:04:54 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75A
Date
2/2/2016
Destruction Year
2021
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said Mortgagee, shall be sufficient to give such other Party notice of such <br />delegation. No such delegation or assignment shall relieve the Owner of <br />that Mortgage Parcel of any of its obligations hereunder with respect to <br />such Mortgage Parcel. <br />8,9 No Obligation to Cure. Nothing herein contained shall require any <br />Mortgagee to cure any default of Owner referred to above. <br />8.10 Separate Agreement. The City shall, upon request, execute, <br />acknowledge and deliver to each Mortgagee requesting same, an <br />agreement prepared at the sole cost and expense of Owner, in form <br />satisfactory to such Mortgagee and the City, between the City and the <br />Mortgagoes, agreeing to all of the provisions hereof, provided Owner pays <br />for all legal and other consulting costs incurred by City in reviewing same. <br />8,11 Estoppel Certificate. Within thirty (30) days after written request <br />therefore, the City shall execute and deliver to any proposed Mortgagee in <br />connection with its new Mortgage and to such Mortgagee thereafter from <br />time to time an estoppel certificate in form and substance satisfactory to <br />Owner and such Mortgagee ( "Estoppel Certificate "). The City hereby <br />agrees to reasonably cooperate in including in any such Estoppel <br />Certificate from time to time any provision which may reasonably be <br />requested by any proposed Mortgagee for the purpose of implementing <br />the Mortgagee protection provisions contained in this Section 8 and <br />allowing such Mortgagee reasonable means to protect or preserve the lien <br />and security interest of its Mortgage hereunder, clarifying the non - <br />applicability of the provisions of this Development Agreement to such <br />Mortgagee as it relates to parcels other than the Mortgage Parcel, and /or <br />such other terms and provisions as are Customarily required by <br />Mortgagees (taking into account the customary requirements of their <br />participants, syndication partners or ratings agencies) in connection with <br />any such financing; provided, however, that no such Estoppel Certificate <br />shall in any way materially adversely affect any rights of the City or <br />increase any obligations of City under this Development Agreement. <br />8.12 Conflicts. If there is any conflict between this Section 8 and any other <br />provision contained in this Development Agreement, this Section 8 shall <br />control. <br />9.1 Rules of Construction. The singular includes the plural; the masculine <br />gender includes the feminine; "shall' is mandatory; "may" is permissive. If <br />there is more than one signer of this Development Agreement, their <br />obligations are joint and several. <br />75A 84 <br />
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