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Last modified
7/17/2007 9:29:34 AM
Creation date
1/10/2006 3:17:23 PM
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Roseville City Council
Document Type
Council Resolutions
Meeting Date
12/19/2006
Resolution #
10367
Resolution Title
RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC USE BY RIGHT OF EMINENT DOMAIN
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<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 commence or complete construction of the Public, Site or Minimum <br />Improvements pursuant to the terms, conditions and limitations of Article V, <br /> <br />(b) Failure to substantially observe or perform any other covenant, condition, <br />obligation or agreement of the Redeveloper hereunder, or <br /> <br />(c) Prior to completion of the Project, the Redeveloper shall: (i) file any petition in <br />bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, <br />dissolution or similar relief under the United States Bankruptcy Code or under any similar federal <br />or state law; (ii) make an assignment for the benefit of its creditors; (iii) admit in writing its <br />inability to pay its debts generally as they become due; or (iv) be adjudicated as bankrupt or <br />insolvent, or if a petition or answer proposing the adjudication of the Redeveloper as a bankrupt <br />or proposing its reorganization under any present or future federal bankruptcy act or any similar <br />federal or State law shall be filed in any court and such petition or answer shall not be discharged <br />or denied within ninety (90) days after the filing thereof, or a receiver, trustee or liquidator of the <br />Redeveloper or of the Redevelopment Property, or part thereof shall be appointed in any <br />proceeding brought against the Redeveloper and shall not be discharged within ninety (90) days <br />after such appointment, or if the Redeveloper shall consent to or acquiesce in such appointment. <br /> <br />Section 8.2. City Events of Default. Subject to Unavoidable Delays, an Event of Default <br />of the City shall be failure by the City to substantially observe or perform any covenant, <br />condition, obligation or agreement on its part to be observed or performed hereunder. <br /> <br />Section 8.3. Citv Remedies on Default. Whenever any Event of Default referred to in <br />Section 8.1 occurs, the City may take anyone or more of the following actions after providing <br />thirty (30) days' written notice to the Redeveloper of the Event of Default (except that no notice <br />to the Redeveloper is required on or after the occurrence of an event described in Section <br />8.1(c)(i) or (iv)), but only if the Event of Default has not been cured within said thirty (30) days, <br />or if the Event of Default is not reasonably susceptible to being cured within said thirty (30)-day <br />period (whether due to Unavoidable Delays or otherwise), and the Redeveloper fails to provide <br />the City with written assurances, deemed satisfactory in the reasonable discretion ofthe City, that <br />the Event of Default will be cured as soon as reasonably possible: <br /> <br />(a) Suspend its performance under this Agreement until it receives assurances from <br />the Redeveloper, deemed adequate by the City,fuat the Redeveloper will cure its default and <br />continue its performance under this Agreement. <br /> <br />(b) Terminate this Agreement and/or any Tax Increment Notes issued pursuant to this <br />Agreement. <br /> <br />34 <br />
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