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Agenda - Economic Development Authority - 12/01/2003
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Agenda - Economic Development Authority - 12/01/2003
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4/14/2025 1:41:12 PM
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1/12/2004 11:57:21 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Economic Development Authority
Document Date
12/01/2003
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14.4 DEVELOPER'S LENT)ElK. The City acknowledges that the Developer intends to <br />mortgage the Subject Property (except for the City Prope~W7) to Community National Bank (the <br />"Bank"), whose address is 5~-8! St. Croix Trail, North Branch, lvfi'q' 55056-5200, Aaention: <br />President, and that the Developer mtends.~o collaterally assi~ its r/ghts under the Master <br />A~eement to the Bank pursuant to Section 14.2 above. The City agrees to provide Formal <br />Notice to the Bank, at the address set forth above, in the event of any default by the Developer, at <br />the same th'ne the City provides any Formal Notice to the Developer required pursuant t o Article <br />15 oftnis Master A~eement and to provide the Bank with the same Opportunity to cure anY · <br />default that is afforded to the Developer trader the terms of this Master Agreement. <br /> <br /> i4.5 ESTOPPE~.. CERn, IFICATzS. Within .tWenty (20) days after the City's receipt of <br />Formal Notice requesting an estoppel ce~ficate, the City will cause an appropriate <br />representative of the City. to execute, acknowledge and deliver to the Developer an estoppel <br />certificate cenif.ving: <br /> <br />(a) <br /> <br />Either (i) that this Master Agreement is unmodified and in f~ll force and effect; <br />that this Master A~eement is in full force and effect as..modified, and stating the <br />modifications; or (ii) that this Master A~eement has te,nninated; and <br /> <br />Either that, to the best of City's act-ual knowledge, (i} neither the City. nor the <br />Developer is in default under this Master Agreement or (ii) stating that neither the <br />CiU nor the. Developer is in default under this Master A~eement except as stated <br />ha the Estoppel Certificate and sening forth, and speci~Cy/.ng, the naru. re and extent <br />of the default. <br /> <br /> 14.6 CERTIFICATE OF CONPLETION: Upon the Developer's completion of all of <br />the Developer Public Lmprovements or a discrete portion of the Developer Public Lmprovements, <br />the City will, upon the Developer's request, furnish the Developer with a recordable Cemificate <br />of Completion substantially in the form anached as Exhibit H. or w/il provide the Developer with <br />a wr/rten statement indicating, in reportable detail, in what respects the Developer has failed to <br />complete the relevant Developer Public imProvement and *,.he measures or acts thai are required, <br />in the opm/on of the Cit.,,,, for the Developer to complete the Developer Public Improvement in <br />question. T.r~e City wiil provide the Certificate of Completion or writ'ten statement described in <br />th_is Section 14.6 within rMrry (30) days after receipt of the Developer's request. Unless sooner <br />terminated pursuant to the terms hereof, this Master Ageement te~m-finates and neither pmny has <br />any further i/ab~iity hereunder, upon the full build out of all of the public and private <br />improvements contemplated by the Master Development Plan, as the same may be amended <br />fi.om rime to time, which shall be evidenced by Certificates of Completion having been issued as <br />to ail of the public imorovements and certificates of occupancy as to all of the private <br />improvements. X~rnen the CiU has: <br /> <br />(a) <br /> <br />(b) <br /> <br />Issued Certificates of Completion with respect to all of the Developer's Public <br />Improvements; and <br /> <br />Entered into Secondary Development A~eements with Secondary. Developer's <br />for ali of the Subject Property (other thru property the CiD/owns or prope,~y that <br />has been dedicated ro the Public), <br /> <br /> <br />
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