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Agenda - Council - 08/08/2016
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Agenda - Council - 08/08/2016
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3/17/2025 3:51:44 PM
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8/5/2016 11:18:40 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
08/08/2016
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ARTICLE VII <br /> MORTGAGE FINANCING <br /> Section 7 1 Financing <br /> (a) On or before the Closing Date, the Developer shall submit, to the City, evidence <br /> of one or more commitments for financing which, together with committed equity <br /> for such construction, is sufficient for the construction of the Minimum <br /> Improvements If the Developer in its discretion is not satisfied with the terms of <br /> the commitments for financing, or has not negotiated commitments acceptable to <br /> the Developer, then the Developer shall have the right to extend the Closing Date <br /> up to sixty (60) days, in which event the date of completion under Section 3 3 <br /> shall be extended by an equal amount of time Such commitments may be <br /> submitted as short term financing, long term mortgage financing, a bridge loan <br /> with a long tern take-out financing commitment, or any combination of the <br /> foiegoing Such commitment or commitments for short term or long term <br /> financing shall be subject only to such conditions as are normal and customary in <br /> the banking industry <br /> (b) If the City finds that the financing is sufficiently committed and adequate in <br /> amount to provide for the construction of the Minimum Improvements, then the <br /> City shall notify the Developer, in writing, of its approval Such approval shall <br /> not be unreasonably withheld and either approval or rejection shall be given <br /> within 10 days from the date when the City is provided the evidence of financing <br /> A failure by the City to respond to such evidence of financing shall be deemed to <br /> constitute an approval hereunder If the City iejects the evidence of financing as <br /> inadequate, it shall do so, in writing, specifying the basis for the rejection In any <br /> event, the Developer shall submit adequate evidence of financing within 30 days <br /> after such rejection <br /> Section 7 2 City's Option to Cure Default on Mortgage In the event that there occurs a <br /> default under any Mortgage authorized pursuant to this Article VII,the Developer shall cause the <br /> City to receive copies of any notice of default received by it from the holder of such Mortgage <br /> Thereafter, the City shall have the right, but not the obligation,to cure any such default on behalf <br /> of the Developer within such cure periods as are available to the Developer under the Mortgage <br /> documents <br /> 19 <br />
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