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R2015-129 RECEIVING AND FILING PROPOSED REDEVELOPMENT AGREEMENT Pace Hospitality LLC
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R2015-129 RECEIVING AND FILING PROPOSED REDEVELOPMENT AGREEMENT Pace Hospitality LLC
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12/14/2015 9:21:01 AM
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12/14/2015 9:20:58 AM
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Resolution/Ordinance
Res Ord Num
R2015-129
Res Ord Title
RECEIVING AND FILING PROPOSED REDEVELOPMENT AGREEMENT PACE HOSPITALITY LLC
Approved Date
12/7/2015
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2.6 Commencement and Completion Reyuirements. <br /> 2.6.1 Commencement. <br /> The Redeveloper shall commence construction of the Project in accordance with <br /> the redeveloper's approved plans within(90) ninety days after execution of this <br /> agreement. <br /> 2.6.2 Completion. <br /> The Redeveloper shall Substantially Complete construction of the Project and <br /> open for business a hotel under the name "Holiday Inn" within (18) eighteen <br /> months after closing. <br /> 2.7 Certificate of Completion. <br /> Promptly after Substantial Completion of construction of the Project upon request of the <br /> Redeveloper, the City will execute and deliver to the Redeveloper a certificate of <br /> completion. Said instrument of certification by the City shall be (and it shall be so <br /> provided in the certification itsel fl a conclusive determination of satisfaction with respect <br /> to the obligations of the Redeveloper and its successors and assigns that the construction <br /> of the Project has been Substantially Complete in accordance with the provisions of this <br /> Agreement. <br /> 2.8 Form of Certification. <br /> If the City refuses or fails to provide any certification in accordance with the provisions <br /> of this Agreement, the City shall, within fifteen (15) days after written request by the <br /> Redeveloper, provide the Redeveloper with a written statement describing in adequate <br /> detail applicable sections of the appropriate building, zoning or municipal codes or <br /> requirements that have not been met in accordance with the provisions of this Agreement, <br /> or is otherwise in default. Said certification as provided herein shall not be unreasonably <br /> withheld by the City and the Project shall be deemed approved if the City fails to <br /> conform to the provisions of Section 2.8 and this Section 2.9. <br /> 2.9 Quality of Construction and Conformance to Federal, State and Local <br /> Requirements. <br /> All work with respect to the Project shall conform to Applicable Law including, but not <br /> limited to, design standards, environmental codes and life safety codes. The Redeveloper <br /> shall cause the construction of the Project to be commenced and to be prosecuted with <br /> due diligence and in good faith in accordance with the terms of this Agreement, and <br /> without delay and shall cause the Project to be constructed in a good and workmanlike <br /> manner in accordance with the Construction Plans and the Final Site Plan. If the Project <br /> is constructed in compliance with the Construction Plans as approved pursuant to Section <br /> 2.5 above, it will be deemed to be in conformance with Building Codes of the City. <br /> 2.10 Utilities. <br /> Except as otherwise provided in this Agreement, all arrangements for utilities must be <br /> made by the Redeveloper with the applicable utility company. The City makes no <br /> representations whatsoever with respect to the adequacy or availability of utilities with <br /> respect to the Project or Project Site; however, the City, if requested by the Redeveloper, <br /> shall make reasonable efforts to assist in obtaining utility rights, approvals and permits. <br /> 2.11 Insurance. <br /> City of Decatur/PACE HOSPITALITY LLC � <br />
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