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Agenda - Council - 01/10/1995
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Agenda - Council - 01/10/1995
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
01/10/1995
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Draft 1/4/95 <br /> <br />Section 7.1. <br /> <br /> ARTICLE VI1 <br /> MORTGAGE FINANCING <br /> <br />Mortgage Financing. <br /> <br /> (a) <br />one or more cO <br />construction, is <br />may be submie <br />term take-out <br />commitments <br />conditions as at <br /> <br />On or before March 1, 1995, the Developer shall submit, to the City, evidence of <br />remitments for mortgage financing which, together with committed equity for such <br />sufficient for the construction of the Minimum Improvements. Such commitments <br />~ as short term financing, long term mortgage financing, a bridge loan with a long <br />nancing commitment, or any combination of the foregoing. Such commitment or <br />!or short term or long term mortgage financing shall be subject only to such <br />e normal and customary in the mortgage banking industry. <br /> <br /> (b) <br />in mount to p~ <br />the Developer, <br />either approval <br />the evidence of <br />f'mancing shall <br /> <br />the City finds that the mortgage financing is sufficiently committed and adequate <br />fide for the construction of the Minimum Improvements, then the City shall notify <br />~ writing, of its approval. Such approval shall not be unreasonably withheld and <br />~r rejection shall be given within 30 days from the date when the City is provided <br />nortgage financing. A failure by the City to respond to such evidence of mortgage <br />e deemed to constitute an approval hereunder. If the City rejects the evidence of <br /> <br />mortgage finan x~g as inadequate, it shall do so, in writing, specifying the basis for the rejection. <br />In any event, the Developer shall submit adequate evidence of mortgage f'mancing within 30 days <br />after such rejecti~ m. <br /> <br /> Section 7.2. Ci _ty's Option to Cm~ Default on Mortgage. In the event that there occurs a <br />default under an~ Mortgage authorized pursuant to Article VII of this Agreement, the Developers <br />shall cause the L-~.ty to receive copies of any notice of default received by any developers from the <br />holder of such M.~_rt. gage. Thereafter, the City shall have the right, but not the obligation, io cure <br />any such default~on behalf of the Developer within such cure periods as are available to the <br />Developer under ~e Mortgage documents. <br /> <br />Page 14 <br /> <br /> <br />
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