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22-2021 - TIF for W. 117 Development LLC Fieldhouse
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22-2021 - TIF for W. 117 Development LLC Fieldhouse
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Last modified
7/23/2021 12:03:09 PM
Creation date
7/23/2021 9:36:18 AM
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Office Of Council
Document Type
Ordinances
Number
22-2021
Date Adopted
7/19/2021
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b. Any representation or warranty made by Developers in this Agreement or in any <br />other Project Agreement is false or misleading in any material respect as of the time <br />made as a result of the gross negligence or willful misconduct of the Developers; <br />c. Any report, certificate, or other document furnished by the Developers to the City <br />pursuant to this Agreement or any other Project Agreement is false or misleading <br />in any material respect as of the time furnished due to the gross negligence or willful <br />misconduct of the Developers and has been relied upon by the City to its material <br />detriment prior to correction by the Developers; <br />d. Prior to the completion of the initial construction of the Project, the filing by the <br />Developers of a petition for the appointment of a receiver or trustee; <br />e. Prior to the completion of the initial construction of the Project, the making by the <br />Developers of a general assignment for the benefit of creditors; <br />f. Prior to the completion of the initial construction of the Project, the entry of an <br />order for relief pursuant to any Chapter of Title 11 of the U.S. Code, as the same <br />may be amended from time to time, with the Developers as debtor; <br />g. Prior to the completion of the initial construction of the Project, the filing by the <br />any of the Developers of an insolvency proceeding with respect to the Developers <br />or any similar proceeding with respect to the Developers for compromise, <br />adjustment, or other relief under the laws of any country or state relating to the <br />relief of debtors; <br />h. Prior to the completion of the initial construction of the Project, the occurrence of <br />a material default by the Developers under any of its construction loan documents <br />or equity investment documents that results in the construction lender exercising its <br />remedies to either (i) accelerate the loan, (ii) foreclose on the Development Site, or <br />(iii) otherwise dispossess Developers from the Project, as applicable; or <br />i. The Developers fail to adhere to the minimum job requirements of this Agreement <br />or is in default with respect to the Fieldhouse Minimum Job Requirements and/or <br />the Phantasy Minimum Job Requirements (beyond applicable notice and cure <br />periods). <br />P. Remedies for Developers' Default. At any time as of which a Developers' Default <br />exists, the City at its option, may, but shall not be obligated to, exercise any one or more <br />of the following remedies: <br />a. By written notice to the Developers, cease disbursements of proceeds from the <br />TIF Fund until such Developers' Default has been cured, if applicable, at which <br />time all withheld payments will be disbursed; <br />b. (i) recover from the Developers any sum of money that are due and payable by <br />the Developers to or for the benefit of the City under this Agreement; or (ii) <br />13 <br />
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