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5405
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Last modified
12/6/2004 2:47:23 PM
Creation date
11/5/2014 12:17:03 PM
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City Ordinances
Passed
8/22/1983
Ordinance Number
5405
Bill Number
7609
Introdate
8/22/1983
Description
Redevelopment of Lewis Ctr; Contract between LCRA and Lewis Ctr Redevelopment Corp - emergency
Introduced By
Adams
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with the provisions of this Section, the Authority shall within <br />thirty (30) days after written request by the Redeveloper, <br />provide the Redeveloper with a written statement indicating in <br />what respect the Redeveloper has failed to complete the <br />con-struction of the improvements in accordance with the Plan, <br />the Site Plans, and this Agreement or failed to satisfy and other <br />agreements or convenants in th~s Agreement obligating the <br />Redeveloper in respect of the construction of the improvements, <br />or in what respect the Redeveloper has been in default in <br />respect of any of its obligations under this Agreement. The <br />certification provided for in this Section shall be iN such form <br />as will enable it to be recorded in the Office of the Recorder of <br />Deeds of the County, and the Redeveloper, without cost or expense <br /> to the Authority, may so record such certification. <br /> <br /> Section 11. Non-performance Due to Causes Beyond <br />Control of Parties. In the event performance of any of the <br />respective covenants or obligations under this Agreement by the <br />Authority or the Redeveloper is prevented, interrupted or <br />delayed by causes beyond its control, including but not <br />restricted to strike, riot, storm, flood, acts of God or of the <br />public enemy, acts of government, acts of the other party, <br />fires, epidemics, quarantine, restrictions, freight embargoes <br />and unusually severe weather, or delays of subcontractors due <br />to such causes, and not caused by any act or failure of the <br />party delayed in performance as the case may be, the date or <br />time or times for the performance of such covenant or obliga- <br />tion by the Authority or the Redeveloper shall be extended for <br />a period of time equal to the number of days the performance of <br />such covenant or obligation by the Authority or the Redeveloper <br />is so prevented, interrupted or delayed and, in such case, <br />neither the Authority nor the Redeveloper shall be liable for <br />any cost, losses, damages, injuries for liabilities caused to <br />or suffered or incurred by the Authority or the Redeveloper or <br />any other legal entity in connection with, or as the result of, <br />any such delay in or .non-performance of, such covenant or <br />obligation. In the event that the Authority or the Redeveloper <br />intends to avail itself of the provisions of this Section, the <br />Authority or the Redeveloper shall give written notice of such <br />intent to the other; such notice to be given within fifteen <br />(15) days from the date performance of such covenant or obliga- <br />tion was so prevented, interrupted or delayed. <br /> <br />Section 12. Termination. <br /> <br />(a) In the event: <br /> <br /> (i) At any time the Redeveloper shall have been <br />unable, after diligent effort to obtain bond financing, or <br />mortgage financing commitments and equity commitments within <br />time for the construction, improvement and redevelopment of the <br />Project Area on a basis and on terms satisfactory to the <br /> <br /> <br />
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