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2017-05-08_EDA_Packet
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2017-05-08_EDA_Packet
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Attachment A <br />178 <br /> (b) The Developer has the necessary equity capital or has obtained commitments for <br />179 <br />financing necessary for construction of the Improvements; <br />180 <br />181 <br /> (c) The Developer will construct the Improvements in accordance with the terms of <br />182 <br />this Agreement and all local, state and federal laws and regulations; <br />183 <br />184 <br /> (d) The Developer will obtain, in a timely manner, all required permits, licenses and <br />185 <br />approvals, and will meet, in a timely manner, the requirements of all local, state and federal laws <br />186 <br />and regulations which must be obtained or met before the Improvements may be constructed; <br />187 <br />188 <br />(e) The plans for the Improvements have been prepared by a qualified draftsperson or <br />189 <br />architect; and <br />190 <br />191 <br />(f) The Developer has read and understands the Guidelines and agrees to be bound <br />192 <br />by them. <br />193 <br />194 Section 2.2. By the Authority <br />. The Authority makes the following representations as <br />195 <br />the basis for the undertaking on its part herein contained: <br />196 <br />197 <br /> (a) The Authority is authorized by law to enter into this Agreement and to carry out <br />198 <br />its obligations hereunder; and <br />199 <br />200 <br /> (b) The Authority will, in a timely manner, subject to all notification requirements, <br />201 <br />review and act upon all submittals and applications of the Developer and will cooperate with the <br />202 <br />efforts of the Developer to secure the granting of any permit, license, or other approval required <br />203 <br />to allow the construction of the Improvements. <br />204 <br />205 ARTICLE III. <br />206 <br />207 ACQUISITION OF PROPERTY; CONVEYANCE TO DEVELOPER <br />208 <br />209 Section 3.1. Purchase of Property by Developer <br />. The Authority agrees to sell the <br />210 <br />Property to Developer and the Developer agrees to purchase the Property from the Authority in <br />211 <br />an “as-is” condition. As provided in the Guidelines, the Developer has paid the Authority an <br />212 <br />application fee of $500 for payment of administrative costs related to this Agreement. The <br />213 <br />Authority agrees to convey the Property to the Developer by Quit Claim Deed in the general <br />214 <br />form of Exhibit C. The Authority’s deed to the Developer will contain the right of reverter <br />215 <br />required in Section 8.3. The purchase price for the Property will be $115,000 (“Purchase <br />216 <br />Price”). There will be no payment of earnest money. The Developer will provide the Authority <br />217 <br />with a promissory note (the “Note”) secured by a Mortgage, both in substantially the form <br />218 <br />attached hereto as Exhibit E, for the Purchase Price ($115,000) at Closing. The Authority’s <br />219 <br />Mortgage may be subordinated to any Mortgage held by a third party lender for the construction <br />220 <br />of the Improvements on the Property. <br />221 <br />222 Section 3.2. Title and Examination. <br /> As soon as reasonably possible after execution of <br />223 <br />this Agreement by both parties, <br />4 <br />498768v2 MNI RS275-12 <br /> <br />
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