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5781
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5781
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Last modified
12/6/2004 2:48:05 PM
Creation date
11/5/2014 12:19:24 PM
Metadata
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City Ordinances
Passed
12/10/1990
Ordinance Number
5781
Bill Number
7991
Introdate
11/19/1990
Description
Adopting TIF funding for financing improvements within Olive Boulevard central tax increment finance district, approving the financing, providing for a subaccount to finance improvements in Westover,
Introduced By
Schoomer
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Commission to the Developer, setting forth in detail the reasons <br />therefor, shall be made within thirty (30) days after receipt of <br />the proposed change in the Construction Plans by the Commission. <br /> <br /> (c) Commencement and completion of construction of <br />Improvements. Developer agrees for itself, its successors and <br />assigns, and every successor in interest to the Property, or any <br />part thereof, that the Developer and such successors and assigns <br />shall promptly begin and diligently prosecute to completion the <br />construction of the Improvements called for by this Agreement, <br />and that such construction shall in any event be begun within the <br />period specified in Section 13 above. It is intended and agreed <br />that such agreements and covenants shall be covenants running <br />with the land and that they shall, in any event, and without <br />regard to the technical classification or designation, legal or <br />otherwise, and except only'as otherwise specifically provided in <br />this Agreement itself be, to the fullest extent permitted by law <br />and equity, binding for the benefit of the community and'[he <br />Commission and enforceable (at law or in equity in a suit for <br />specific performance) by the Commission against the Developer and <br />its successors and assigns or any successor owner of the Property <br />or any part thereof or any interest therein. <br /> <br /> (d) Proqress Reports. Until construction of the <br />Improvements has been completed, the DevelOper shall make <br />reports, in such detail and at such times ~S may reasonably be <br />requested by the. Commission, as to the actual progress of the <br />Developer with respect to such construction. <br /> <br /> (e) Certification of Completion. Promptly after <br />completion of the Improvements in accordance with the provisions <br />of this Agreement relating solely to the obligations of the <br />Developer to construct the Improvements (including the dates for <br />beginning and completion thereof) and upon the receipt of a <br />standard AIA form Architect's Certificate of Substantial <br />Completion and an unconditional occupancy permit from the City <br />(except for any work necessary for tenant finish in those <br />portions e~'the Improvements which are not to be occupied by <br />tenants on such date), the Commission will furnish the Developer <br />with a Certificate of Completion so certifying. Such <br />certification by the Commission shall be (and shall be so <br />provided in the Certificate itself) a conclusive determination of <br />satisfaction and termination of the agreements and covenants in <br />this Agreement with respect to the obligations of the Developer <br />and its successors and assigns to construct the Improvements and <br />the dates for the beginning and completion thereof. The <br />Certificate provided for by this Section shall be in such form as <br />will enable it to be recorded in the proper office for the <br />recordation of deeds and other instruments pertaining to the <br />Property. If the Commission shall refuse or fail to provide any <br />certification in accordance with the provisions of this Section, <br /> <br />STL-6313 <br /> <br />-- 10 - <br /> <br /> <br />
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