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CC_Minutes_2005_0718
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CC_Minutes_2005_0718
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7/17/2007 9:27:26 AM
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8/19/2005 3:22:44 PM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
7/18/2005
Meeting Type
Work Session
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<br />Friday, July 15, 2005 <br /> <br />( e) The City shall cooperate with the Redeveloper in preparing, applying for, <br />and obtaining grants from public or private granting agencies. <br />***************** <br /> <br />ARTICLE VIII <br /> <br />EVENTS OF DEFAULT <br /> <br />Section 8.1. Redeveloper Events of Default. Subject to Unavoidable Delays, the <br />following are Events of Default of the Redeveloper: <br /> <br />(a) Failure to submit the Concept Plan in accordance with Section 5.6, <br /> <br />(b) Failure to commence or complete construction of the Public. Site or <br />Minimum Improvements pursuant to the terms. conditions and limitations of Article V. <br /> <br />(c) I Failure to substantially observe or perform any other covenant, condition, <br />obligation 4r agreement ofthe Redeveloper hereunder, or <br /> <br />(d), Prior to completion of the Project, the Redeveloper shall: (i) file any peti- <br />tion in bankruptcy or for any reorganization, arrangement, composition, readjustment, <br />liquidation, dissolution or similar relief under the United States Bankruptcy Code or un- <br />der any similar federal or state law; (ii) make an assigrunent for the benefit of its credi- <br />tors; (iii) admit in writing its inability to pay its debts generally as they become due; or <br />(iv) be adjudicated as bankrupt or insolvent, or if a petition or answer proposing the adju- <br />dication of the Redeveloper as a bankrupt or proposing its reorganization under any pre- <br />sent or future federal bankruptcy act or any similar federal or State law shall be filed in <br />any court and such petition or answer shall not be discharged or denied within ninety (90) <br />days after the filing thereof, or a receiver, trustee or liquidator of the Redeveloper or of <br />the Redevelopment Property, or part thereof shall be appointed in any proceeding brought <br />against the Redeveloper and shall not be discharged within ninety (90) days after such <br />appointment, or ifthe Redeveloper shall consent to or acquiesce in such appointment. <br /> <br />************** <br /> <br />Section 8.3. City Remedies on Default. Whenever any Event of Default referred <br />to in Section 8.1 occurs, the City may take anyone or more of the following actions after <br />providing thirty (30) days' written notice to the Redeveloper of the Event of Default (ex- <br />cept that no notice to the Redeveloper is required on or after the occurrence of an event <br />described in Section 8.1(d)(i) or (iv)), but only if the Event of Default has not been cured <br />within said thirty (30) days, or if the Event of Default is not reasonably susceptible to be- <br />ing cured within said thirty (30)-day period (whether due to Unavoidable Delays or oth- <br />erwise), and the Redeveloper fails to provide the City with written assurances, deemed <br />satisfactory in the reasonable discretion of the City, that the Event of Default will be <br />cured as soon as reasonably possible: <br /> <br />2 <br />
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