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02-12-07 Item 7B, Preliminary Development AGreement for Funding and Guaranty for TCAAP
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02-12-07 Item 7B, Preliminary Development AGreement for Funding and Guaranty for TCAAP
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6/25/2007 3:29:27 PM
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6/18/2007 4:34:02 PM
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02-12-07 Item 7B, TCAAP Funding
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Agenda Item
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TCAAP Funding & Guaranty
Date
2/12/2007
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<br />Section 10: Explains the parties' rights regarding the OTP, summarized as follows: <br /> <br />. The City can rescind the OTP if the grounds exist, and the City has terminated <br />PDA (i.e" because of a Developer default), or the PDA has expired. <br /> <br />. The Developer can require the City to rescind the OTP if the grounds exist and <br />Developer follows a two-step notice process, First, Developer must give a 60-day <br />notice that it may not want to proceed. After expiration of that 60-day period, <br />Developer may give the City a notice directing the City to give GSA a 30-day <br />rescission notice. Therefore, the total period between the first Developer notice <br />and the effective date of rescission is at least 90 days. (There is one exception to <br />the 60/30 day notice requirement described in Section 10(b)(iii) of the PDA). <br />However, if Developer initiates rescission under this provision, the Developer <br />Reimbursable Costs described in Section 5 are reduced. <br /> <br />Section II: The term of the PDA runs from execution through March 31, 2008. Any <br />extension would require mutual agreement of the parties and approval by the City <br />Council. <br /> <br />Section 12: Describes default and termination provisions. <br /> <br />Sections 13 to 22: <br /> <br />Miscellaneous provisions. <br /> <br />Section 23: Describes the mediation process that applies primarily to disputes <br />regarding costs. Either party can require initiation of the process, in which case the <br />parties must participate in at least 8 hours of mediation and complete the process within <br />30 days, <br /> <br />3 <br />
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