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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 />§1010 Specific Performance <br />When the Developer has the right under this Agreement to <br />conveyance from the Agency of the Acquisition Parcels and the <br />Agency is in Default with regard to such conveyance, the <br />Developer shall have the right of specific performance to obtain <br />such conveyance and any acts necessary thereto, in addition to <br />any other remedies the Developer may have, which remedies shall <br />be cummulative. <br />§1011 Reentry and Revesting of Title in the Agency After <br />Conveyance <br />The Agency has the right, at its option, to reenter and take <br />possession of the Acquisition Parcels, (which for the purposes of <br />this section only, shall include Parcels E and N as described in <br />Section 202) with all improvements thereon, and terminate and <br />revest in the Agency the estate conveyed to the Developer if <br />after conveyance of title and prior to the issuance of the <br />Certificate of Completion, except for causes beyond the control <br />of the Developer, the Developer shall: <br />A. Fail to start the construction of the Project as <br />required by this Agreement for a period of four (4) months after <br />written notice thereof from the Agency, which notice must follow <br />the date for commencement of construction as set forth in the <br />Schedule of Performance; or <br />B. Abandon or substantially suspend construction of the <br />Project required by this Agreement for a period of three (3) <br />months after written notice thereof from the Agency; or <br />C. Transfer or suffer any involuntary transfer of the <br />Acquisition Parcels or any part thereof in violation of this <br />Agreement. <br />Such right to reenter, terminate and revest shall be subject <br />to and be limited by and shall not defeat, render invalid or <br />limit: <br />D. Any mortgage or deed of trust permitted by this <br />Agreement; or <br />E. Any rights or interests provided in this Agreement for <br />the protection of the holders of such mortgages or deeds of <br />trust. <br />The Grant Deed or Grant Deeds shall contain appropriate <br />reference and provisions to give effect to the Agency's right as <br />set forth in this section, under circumstances prior to issuance <br />of the Certificate of Completion, to reenter and take possession <br />of the Acquisition Parcels, with all improvements thereon, and to <br />terminate and revest in the Agency the estate conveyed to the <br />Developer. Upon issuance and recordation of the Certificate of <br />Completion, the above -referenced deed restriction shall be deemed <br />removed. <br />44 <br />
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