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AgdaPkt 2003-12-15
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AgdaPkt 2003-12-15
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Last modified
6/2/2011 1:46:24 PM
Creation date
12/11/2003 4:13:05 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
12/15/2003
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( c -2z <br />Section 12. Plans and Specifications. The <br />Participating Owner agrees that the plans and specifications to be <br />prepared for the construction and installation of the improvements <br />comprising the Project shall be submitted both to the Agency and to <br />the appropriate departmeL -t of the City for approval prior to <br />commencement of construction. In the event said plans and <br />specifications are not reasonably acceptable to such department of <br />the City and in compliance with this Agreement, the Participating <br />Owner agrees to amend or modify said plans and specifications or to <br />submit such further or additional plans and specifications as may <br />reasonably be required by the Agency and the appropriate department <br />of the City. The plans and specifications approved by the <br />appropriate department of the City shall not be amended or modified <br />in any material respect by the Participating Owner subsequent to <br />such date of approval without the prior written approval of either <br />or both the City or the Agency, as applicable. <br />Section 13. Remedies. <br />a. In the event the Participating Owner breaches any of <br />its covenants or obligations under this Agreement (after giving <br />effect to any applicable cure periods), the Participating Owner <br />shall, at the option of the City and /or the Agency and upon demand <br />by the City and /or the Agency to the Participating Owner, <br />immediately repay to the City and the Agency their prorata share of <br />all amounts previously disbursed comprising the Public Assistance <br />and /or due under the Note. As a further and cumulative remedy, the <br />Participating Owner, for itself, its legal representatives, <br />successors and assigns, agrees that the City and Agency, and their <br />successors and assigns, shall have the right and power to institute <br />and prosecute any proceeding at law or in equity to enforce any <br />covenants and agreements contained herein or in the attachments <br />hereto, and to enjoin the threatened or attempted violation thereof <br />by the Participating Owner, its legal representatives, successors <br />and assigns and /or to collect damages from the aforesaid, <br />whomsoever of which may violate said covenants and agreements; and, <br />in addition, the Participating Owner for itself, its legal <br />representatives, successors and assigns does hereby grant the City <br />and the Agency such right and power to institute and prosecute such <br />proceedings. The City and the Agency may, without limiting their <br />available remedies, institute a foreclosure action, either <br />judicially or under power of sale, of the Deed of Trust, in order <br />to protect their rights under this Agreement. <br />b. The remedies for the benefit of the City and the <br />Agency set forth in this Section 13 shall be in addition to any and <br />13 <br />
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