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AgdaPkt 2002-12-09
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AgdaPkt 2002-12-09
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Last modified
7/2/2012 12:25:36 PM
Creation date
12/5/2002 3:47:58 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
12/9/2002
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. �.�4- j3� <br /> §SOS Aeencv's R[eht to Terminate; RLhffi aad Daties Followina Terminadon. . <br /> A. Develover's Default. In addition to the Ageacy's right to terminate set forth in <br /> Secrion 809, the Agency shall have the right to terminate this Agreement with respect to the . . <br /> Project Site, or a portion thereo� by pmviding written notice of such termination in accordance <br /> with Section 1002 of Uus Agecment for any of the reasons set forth below: <br /> 1. Developer transfers or assigns any rights herein or in the Project Site in <br /> violation of this Agreement; or <br /> 2. There is any material change in the ownership, management or control of <br /> the Developer or the degree thereof contrary to the provisions of Article 9; or <br /> 3. Developer does not submit certificates of insurance by the date required by <br /> this Ageement; or <br /> 4. Subject to Article 4, and the sarisfacrion of all conditions to Developer's <br /> obligation to do so, Developer fails or refuses to take title to or possession of the Agency or <br /> Acquisition Pazcels after tender of conveyance or delivery of possession by the Agency witivn <br /> the time established therefore in the Schedule of Performance; or <br /> 5. Developer fails to timely contribute the Developer's Share of the <br /> Acquisition Budget pursuant to Section 305(A) and to maintain such funding in conformance <br /> _. with and for the period of time described in Secrion 305; or <br /> 6. After the Effective Date, Developer or any officer, employee or agent of <br /> Developer negotiates with an owner or tenant of an Acquisition Pazcel with respect to the <br /> acquisition of such pazcel or the relocarion ofan owner or tenant therefrom, without the prior <br /> express written consent of the Agency; or <br /> 7. If Developer fails to provide reasonable satisfactory evidence of its <br /> financing in accordance with any requirements contained herein and within the time comtnitment <br /> provided in this Agreement and the Schedule of Performance ; or <br /> 8. The Agency is unable to tender ritle to or possession of the Acquisition <br /> Pazcels in the manner and condition and by the date provided in the Schedule of Performance as <br /> a result of delays caused by Developer's failure to perform its obligations hereunder within the <br /> time provided in the Schedule of Performance (as the same may be extended pursuant to Secrion <br /> 1004), and such failure of Developer to perform is not the result of delays caused by the <br /> Agency's failure to perform its obligations hereunder within the time provided in the Schedule of <br /> Performance (as the same may be extended pursuant to Section 1004); or <br /> 9. The Developer is in Default under tlris Agreement, or an event has occurred <br /> or a condition exists which, with the giving of notice or the passage of time, or both, would <br /> become a Default by the Developer hereunder; or <br /> 37 <br /> DOCSSFL648942.4 <br /> 9975-5 C 14 <br /> 120502 <br />
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