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<br />Section 3.02. Responsibilitv of the Aqencv. The <br />responsibilities of the Agency under this Agreement with respect to <br />the development of the Property shall consist of the following: <br /> <br />a. The Agency shall, subject to the terms of this <br />Agreement, and specifically subject to, without limitation, the <br />provisions of Section 2.02 hereof, convey the Property at no cost <br />to the Developer. <br /> <br />b. In addition, in accordance with Section 2.02 above, <br />the Agency shall provide further assistance to the Developer for <br />the development and construction of the Project in the form of the <br />Development Loan. The Agency shall have no obligation to disburse <br />or to permit disbursal of any portion of the Development Loan if <br />(i) the Developer is in default of this Agreement or any agreement <br />executed in connection herewith, or (ii) the Agency in the exercise <br />of its reasonable discretion determines that the completion of the <br />Project will not occur. The Agency reserves the right, in its sole <br />discretion, to cause payments to be made directly to the third <br />party providers of services, materials or labor. <br /> <br />c. The Agency will perform such other work or <br />obligations as is, if any, set forth in the Scope of Development. <br /> <br />d. The Developer hereby grants to the Agency a license <br />to enter upon any of the Property which has been conveyed to the <br />Developer as is necessary for the Agency to undertake and complete <br />its obligations hereunder with respect to the Property. <br /> <br />Section 3.03. <br /> <br />Taxes, <br />Liens. <br /> <br />Assessments, <br /> <br />Encumbrances and <br /> <br />The Developer shall pay prior to delinquency all real <br />property taxes and assessments assessed and levied on or against <br />any portion of the Property subsequent to the Close of Escrow <br />pertaining to that Property and the conveyance to the Developer of <br />title to said Property hereunder. The Developer shall not place <br />and shall not allow to be placed on any of the Property any <br />mortgage, trust deed, deed of trust, encumbrance or lien not <br />authorized by this Agreement. The Developer shall remove, or shall <br />have removed, any levy or attachment made on any of the Property, <br />or shall assure the satisfaction thereof, within a reasonable time <br />but in any event prior to a sale of the subject Property, or any <br />portion thereof, thereunder. Nothing herein contained shall be <br />deemed to prohibit the Developer from contesting the validity or <br />amounts of any tax assessment, encumbrance or lien, nor to limit <br />the remedies available to the Developer in respect thereto. The <br />covenants of the Developer set forth in this Section relating to <br /> <br />22 <br /> <br />REDW\0006\DOC\OOl-7 <br />3/29/05 3:15 /rove <br />