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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 />§515 Holder Not Obligated to Construct Improvements <br />The holder of any mortgage or deed of trust authorized by <br />this Agreement shall not be obligated by the provisions of this <br />Agreement to construct or complete the improvements or to <br />guarantee such construction or completion, nor shall any covenant <br />or any other provision in the deed for the Project Site be <br />construed so to obligate such holder. Nothing in this Agreement <br />shall be deemed to construe, permit or authorize any such holder <br />to devote the Project Site to any uses or to construct any <br />improvements hereon, other than those uses or improvements <br />provided for or authorized by this Agreement. <br />§516 Notice of Default to Mortgage or Deed of Trust <br />Holders; Right to Cure <br />With respect to any mortgage or deed of trust granted to the <br />Developer as provided herein, whenever the Agency shall deliver <br />any notice or demand to the Developer with respect to any Default <br />by the Developer in completion of construction of the <br />improvements, the Agency shall at the same time deliver a copy of <br />such notice or demand to each holder of record of any mortgage or <br />deed of trust authorized by this Agreement who has previously <br />made a written request to the Agency therefor. Each such holder <br />shall (insofar as the rights of the Agency are concerned) have <br />the right, at its option, within ninety (90) days after the <br />receipt of the notice, to cure or remedy or commence to cure or <br />remedy any such Default and to add the cost thereof to the <br />security interest debt and the lien of its security interest. <br />Nothing contained in this Agreement shall be deemed to permit or <br />authorize such holder to undertake or continue the construction <br />or completion of the improvements (beyond the extent necessary to <br />conserve or protect the improvements or construction already <br />made) without first having expressly assumed the Developer's <br />obligations to the Agency by written agreement satisfactory to <br />the Agency. The holder, in that event, must agree to complete, <br />in the manner provided in this Agreement, the improvements to <br />which the lien or title of such holder relates, and submit <br />evidence satisfactory to the Agency that it has the <br />qualifications and financial responsibility necessary to perform <br />such obligations. Any such holder properly completing such <br />improvements shall be entitled, upon written request made to the <br />Agency, to a Certificate of Completion from the Agency. <br />§517 Failure of Holder to Complete Improvements <br />In any case where, six (6) months after Default by the <br />Developer in completion of construction of improvements under <br />this Agreement, the holder of any mortgage or deed of trust <br />creating a lien or encumbrance upon the Project Site or any part <br />thereof has not exercised the option to construct, or if it has <br />exercised the option and has not proceeded diligently with <br />construction, the Agency may purchase the mortgage or deed of <br />trust by payment to the holder of the amount of the unpaid <br />24 <br />
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