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Agmt90 DDA Sequoia Station
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Agmt90 DDA Sequoia Station
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Last modified
10/19/2017 12:13:32 PM
Creation date
9/13/2017 4:36:22 PM
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Template:
Agreement
Contractor Name
Sequoia Station Developers, Inc
PROJECT NAME
Sequoia Station
RMP File Number
405
Date
4/10/1990
Amendment
Yes
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JAH:djm 03/06/90R (REDEV) <br />JAH:djm 03/19/90R <br />JAH:djm 04/04/90R <br />any part thereof, or assure the satisfaction thereof, within a <br />reasonable time but in any event prior to a sale thereunder. <br />Nothing herein contained shall be deemed to prohibit the <br />Developer from contesting the validity or amounts of any tax, <br />assessment, encumbrance or lien, nor to limit the remedies <br />available to the Developer in respect thereto. <br />The Developer understands that under certain conditions <br />control of the Project Site or portion thereof under this <br />Agreement may give rise to the imposition of a possessory <br />interest tax on said property, and in such event, the Developer <br />agrees to pay when due any such possessory interest tax. <br />§513 Prohibition Against Transfer of the Project Site, <br />the Buildin s or Structures thereon and Assignment <br />of Agreemen <br />Prior to the issuance by the Agency of a Certificate of <br />Completion, the Developer shall not, (except as expressly <br />permitted by Section 514 of this Agreement) without the prior <br />written approval of the Agency, make any total or partial <br />sale,transfer, conveyance, assignment or lease of the whole or <br />any part of the Project Site or of the buildings or structures on <br />the Project Site or of this Agreement. This prohibition shall <br />not be deemed to prevent the granting of temporary or permanent <br />easements or permits to facilitate the development of the Project <br />Site or to prohibit or restrict the leasing of any part or parts <br />of a building or structure when said improvements are completed. <br />In the absence of specific written agreement by the Agency, <br />no such transfer, assignment or approval by the Agency shall be <br />deemed to relieve the Developer or any other party from any <br />obligations under this Agreement until completion of development <br />as evidenced by the issuance of a Certificate of Completion <br />therefor. <br />§514 No Encumbrances Except Mortgages, Deeds of Trust <br />or Sales and Leases -Back for evelopment <br />Notwithstanding Section 513 of this Agreement, mortgages, <br />deeds of trust and sales and leases -back are permitted before <br />completion of the construction of the improvements, but only for <br />the purpose of securing loans of funds to be used for financing <br />the construction of improvements on the Project Site and any <br />other purposes (such as, but not limited to, taxes, insurance, <br />professional services, administration, accounting, and the like) <br />in connection with the development contemplated under this <br />Agreement. The Developer shall not enter into any such <br />conveyance for financing without the prior written approval of <br />the Agency, which approval the Agency agrees to give if any such <br />conveyance is given to a responsible financial or lending <br />institution or other acceptable person or entity. The Developer <br />shall notify the Agency in advance of any mortgage, deed of trust <br />or sale and lease -back financing, when the Developer proposes to <br />enter into the same before completion of the construction of the <br />improvements on the Project Site. <br />23 <br />
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