Redevelopment Schedule. A. It is the City’s intention that the overall improvements set forth in the Plan be completed in the order listed in Exhibit D-1. Once improvement items 1-4 have been completed or reimbursed, then moneys from the Special Allocation Fund can be used to fund or reimburse the Company’s Project Improvements listed in Exhibit C and more specifically as set forth in Sections 20 and 21. B. It is the intention of the parties that development activities for the Redevelopment Project Area be substantially commenced and completed on or before the dates set forth in Exhibit D-2, as may be reasonably amended from time to time, attached hereto and incorporated herein by reference (the "Redevelopment Schedule"). Company shall construct or cause to be constructed all Project Improvements, and shall complete or cause to be completed all other development-related activities including, but not necessarily limited to design, land preparation, environmental evaluation and remediation, construction, management, and maintenance in sufficient time to comply with the Redevelopment Schedule. Changes in the development program contemplated by the Plan that require a Plan amendment under the TIF Act (as determined by City) shall be processed in accordance with the TIF Act, and changes in the development program contemplated by the Plan that do not require a statutorily mandated Plan amendment shall be made by agreement of the parties hereto. The parties hereto recognize and agree that market and other conditions may affect the Redevelopment Schedule. Therefore, the Redevelopment Schedule is subject to change and/or modification, with the written approval of City, which shall not be unreasonably conditioned, delayed, or withheld. C. Any amendment to the Plan that is approved by City as provided herein, which amendment contains changes to the Redevelopment Schedule in the Plan, shall immediately operate and be deemed to be an amendment to the approved Redevelopment Schedule and the provisions of this Agreement. City shall endeavor to expedite the approval of the Plan and any applicable Land Use Approvals; provided, however, that nothing herein shall constitute or be deemed to be a waiver by City or the City Council of its legislative authority. If as a result of solely the Company's failure to timely complete its obligations under this Contract and provided that the City has fulfilled all of the terms of this Contract and provided that the delay has not been caused by event not otherwise in control of the Company, City may require Company to appear before the City Council to show cause why this Contract and the Plan shall not be terminated in accordance with Section 35.
Appears in 2 contracts
Samples: Tax Increment Financing Redevelopment Agreement, Tax Increment Financing Redevelopment Agreement
Redevelopment Schedule. A. It is the City’s intention that the overall improvements set forth in the Plan be completed in the order listed in Exhibit D-1. Once improvement items 1-4 have been completed or reimbursed, then moneys from the Special Allocation Fund can be used to fund or reimburse the Company’s Project Improvements listed in Exhibit C and more specifically as set forth in Sections 20 and 21.
B. It is the intention of the parties that development activities for the Redevelopment Project Area be substantially commenced and completed on or before the estimated dates set forth in on Exhibit D-2E, as may be reasonably amended from time to time, attached hereto and incorporated herein by reference (the "“Redevelopment Schedule"”). Company Developer shall construct or cause to be constructed all Private Project Improvements and all Public Project Improvements, and shall complete or cause to be completed all other development-related activities including, but not necessarily limited to land acquisition, design, land preparation, environmental evaluation and remediation, construction, management, maintenance and maintenance procurement of private financing in sufficient time to comply with the Redevelopment Schedule. Changes in the development program contemplated by the Redevelopment Plan that require a Redevelopment Plan amendment under the TIF Act (as determined by City) shall be processed in accordance with the TIF Act, and changes in the development program contemplated by the Redevelopment Plan that do not require a statutorily mandated Redevelopment Plan amendment shall be made by agreement of the parties hereto. The parties hereto recognize and agree that market market, including tenant/user demand, and other conditions may affect the Redevelopment Schedule. Therefore, the Redevelopment Schedule is subject to change and/or modification, with the written approval of City, which shall not be unreasonably conditioned, delayed, or withheld.
C. B. Any amendment to the Redevelopment Plan that is approved by City as provided herein, which amendment contains changes to the Redevelopment Schedule in the Plan, herein shall immediately operate and be deemed to be an amendment to the approved Redevelopment Schedule and the provisions of this AgreementContract. In order to implement the Redevelopment Schedule, City will endeavor to facilitate the timely passage of the Redevelopment Project Ordinance referred to in Section 4.B. hereof. Developer shall render such reasonable aid and assistance as requested by City to insure favorable consideration of the Redevelopment Project Ordinance by the City Council. City shall endeavor to expedite the approval of the Redevelopment Plan and any applicable the Land Use Approvals; provided, however, that nothing herein shall constitute or be deemed to be a waiver by City or the City Council of its legislative authority. If as a result of solely the Company's Developer’s failure to timely complete its obligations under this Contract and provided that the City has fulfilled all of the terms of this Contract and provided that the delay has not been caused by an event not otherwise in control of the CompanyDeveloper, City may require Company Developer to appear before the City Council to show cause why this Contract and the Redevelopment Plan or Redevelopment Project shall not be terminated in accordance with Section 3534 hereof.
Appears in 1 contract
Samples: Tax Increment Financing Contract
Redevelopment Schedule. A. It is the City’s intention that the overall improvements set forth in the Plan be completed in the order listed in Exhibit D-1. Once improvement items 1-4 have been completed or reimbursed, then moneys from the Special Allocation Fund can be used to fund or reimburse the Company’s Project Improvements listed in Exhibit C and more specifically as set forth in Sections 20 and 21.
B. It is the intention of the parties that development activities for the Redevelopment Project Area Projects be substantially commenced and completed on or before the estimated dates set forth in on Exhibit D-2E, as may be reasonably amended from time to time, attached hereto and incorporated herein by reference (the "Redevelopment Schedule"). Company Developer shall construct or cause to be constructed all Private Project Improvements and all Public Project Improvements, and shall complete or cause to be completed all other development-related activities including, but not necessarily limited to design, land preparation, environmental evaluation and remediation, construction, management, maintenance and maintenance procurement of private financing in sufficient time to comply with the Redevelopment Schedule. Changes in the development program contemplated by the Redevelopment Plan that require a Redevelopment Plan amendment under the TIF Act (as determined by City) shall be processed in accordance with the TIF Act, and changes in the development program contemplated by the Redevelopment Plan that do not require a statutorily mandated Redevelopment Plan amendment shall be made by agreement of the parties hereto. The parties hereto recognize and agree that market and other conditions may affect the Redevelopment Schedule. Therefore, the Redevelopment Schedule is subject to change and/or modification, with the written approval of City, which shall not be unreasonably conditioned, delayed, or withheld.
C. B. Any amendment to the Redevelopment Plan that is approved by City as provided herein, which amendment contains changes to the Redevelopment Schedule in the Plan, herein shall immediately operate and be deemed to be an amendment to the approved Redevelopment Schedule and the provisions of this AgreementContract. In order to implement the Redevelopment Schedule, City will endeavor to facilitate the timely passage of the Redevelopment Project Ordinance referred to in Section 4.B. hereof. Developer shall render such reasonable aid and assistance as requested by City to insure favorable consideration of any such Redevelopment Project Ordinance by the City Council. City shall endeavor to expedite the approval of the Redevelopment Plan and any applicable the Land Use Approvals; provided, however, that nothing herein shall constitute or be deemed to be a waiver by City or the City Council of its legislative authority. If as a result of solely the CompanyDeveloper's failure to timely complete its obligations under this Contract and provided that the City has fulfilled all of the terms of this Contract and provided that the delay has not been caused by event not otherwise in control of the CompanyDeveloper, City may require Company Developer to appear before the City Council to show cause why this Contract and the Redevelopment Plan shall not be terminated in accordance with Section 3535 hereof.
Appears in 1 contract
Samples: Tax Increment Financing Contract
Redevelopment Schedule. A. It is the City’s intention that the overall improvements set forth in the Plan be completed in the order listed in Exhibit D-1. Once improvement items 1-4 have been completed or reimbursed, then moneys from the Special Allocation Fund can be used to fund or reimburse the Company’s Project Improvements listed in Exhibit C and more specifically as set forth in Sections 20 and 21.
B. It is the intention of the parties that development activities for the Redevelopment Project Area be substantially commenced and completed on or before the dates set forth in Exhibit D-2E, as may be reasonably amended from time to time, attached hereto and incorporated herein by reference (the "Redevelopment Schedule"). Company Developer shall construct or cause to be constructed all Project Improvements, and shall complete or cause to be completed all other development-related activities including, but not necessarily limited to design, land preparation, environmental evaluation and remediation, construction, management, maintenance and maintenance procurement of private financing in sufficient time to comply with the Redevelopment Schedule. Changes in the development program contemplated by the Plan that require a Plan amendment under the TIF Act (as determined by City) shall be processed in accordance with the TIF Act, and changes in the development program contemplated by the Plan that do not require a statutorily mandated Plan amendment shall be made by agreement of the parties hereto. The parties hereto recognize and agree that market and other conditions may affect the Redevelopment Schedule. Therefore, the Redevelopment Schedule is subject to change and/or modification, with the written approval of City, which shall not be unreasonably conditioned, delayed, or withheld.
C. B. Any amendment to the Plan that is approved by City as provided herein, which amendment contains changes to the Redevelopment Schedule in the Plan, shall immediately operate and be deemed to be an amendment to the approved Redevelopment Schedule and the provisions of this Agreement. In order to implement the Redevelopment Schedule, City will endeavor to facilitate the timely passage of the Redevelopment Project Ordinance referred to in Section 5.B hereof. Developer shall render such reasonable aid and assistance as requested by City to insure favorable consideration of any such Redevelopment Project Ordinance by the City Council. City shall endeavor to expedite the approval of the Plan and any applicable the Land Use Approvals; provided, however, that nothing herein shall constitute or be deemed to be a waiver by City or the City Council of its legislative authority. If as a result of solely the CompanyDeveloper's failure to timely complete its obligations under this Contract and provided that the City has fulfilled all of the terms of this Contract and provided that the delay has not been caused by event not otherwise in control of the CompanyDeveloper, City may require Company Developer to appear before the City Council to show cause why this Contract and the Plan shall not be terminated in accordance with Section 3540.
Appears in 1 contract