My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
2007-07-11 CC
Centerville
>
City Council
>
Agenda Packets
>
1996-2022
>
2007
>
2007-07-11 CC
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
7/9/2007 11:45:09 AM
Creation date
7/9/2007 11:43:58 AM
Metadata
Fields
Template:
General
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
127
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
<br />Section 9.2. Remedies on Default. Whenever any Event of Default referred to in <br />Section 9.1 occurs and is continuing, the City may immediately suspend its performance under <br />this Agreement and may take anyone or more of the following actions after (except in the case <br />of an Event of Default under subsections (a) or (g) of Section 9.1) the giving of thirty (30) days' <br />written notice to the Developer of the Event of Default by the City, but only if the Event of <br />Default has not been cured within said thirty (30) days, or if the Event of Default cannot be cured <br />within thirty (30) days and the Developer does not provide assurances to the City reasonably <br />satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. <br /> <br />(a) The City may terminate this Agreement. <br /> <br />(b ) The City may draw upon any guarantee or security provided to the City pursuant <br />to any of the temis of this Agreement according to its terms. . <br /> <br />(c) The City may take any action, including legal, equitable or administrative action, <br />which may appear necessary or desirable to collect any payments due under this Agreement or to <br />enforce performance and observance of any obligation, agreement, or covenant of the Developer <br />under this Agreement. <br /> <br />After completion of a Phase or Sub-Phase the City may not exercise any remedy with respect to <br />such Phase or Sub-Phase as a result of a Developer Event of Default arising with respect to a <br />subsequent Phase or Sub-Phase. <br /> <br />Section 9.3. Revesting Title in City. In the event that subsequent to conveyance of a <br />Parcel of the Development Property or any part thereof to the Developer and prior to completion <br />of construction of the Sub-Phase to be constructed on the Parcel there occurs a Developer Event <br />of Default, then the City shall have the right to re-enter and take possession of the Parcel and to <br />terminate (and revest in the City) the estate conveyed in the Parcel to the Developer, it being the <br />intent of this provision, together with other provisions of this Agreement, that the conveyance of <br />the Parcel to the Developer shall be made upon a condition subsequent to the effect that in the <br />event of any default on the part of the Developer and failure on the part of the Developer to <br />remedy, end, or abrogate such default within the period and in the manner stated in such <br />subdivisions, the City at its option may declare a termination in favor of the City of the title, and <br />of all the rights and interests in and to the Parcel conveyed to the Developer, and that such title <br />and all rights and interests of the Developer, and any assigns or successors in interest to and in <br />the Parcel, shall revert to the City, but only if the Event of Default has not been cured within the <br />time periods stated in Section 9.2, or if the events cannot be cured within such time periods, the <br />Developer does not provide assurances to the Authority, reasonably satisfactory to the Authority, <br />that the events will be cured and will be cured as soon as reasonably possible. <br /> <br />Section 9.4. Resale of Reacquired Property: Disposition of Proceeds. Upon the revesting <br />in the City of title to a Parcel or any part thereof as provided in Section 9.3, the City shall use its <br />best efforts to resell the Parcel or part thereof as soon and in such manner as the City shall find <br />feasible and consistent with the objectives of such law and of the Project Plan to a qualified and <br />responsible party or parties (as determined by the City) who will assume the obligation of <br />making or completing the Sub-Phase on the Parcel or such other improvements in their stead as <br /> <br />27 <br />
The URL can be used to link to this page
Your browser does not support the video tag.