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201407626
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Last modified
12/11/2014 12:27:15 PM
Creation date
12/3/2014 2:54:11 PM
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DEEDS
Inst Number
201407626
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iv. Placing, keeping in repair and replacing when reasonably necessary any <br />appropriate directional signs, markers and lines. <br />v. Keeping in repair and replacing when reasonably necessary such lighting <br />facilities as may be installed on the Enhanced Employment Act Area. <br />vi. Maintaining all finished landscaped areas, repairing irrigation systems and <br />water lines, and replacing shrubs and other finished landscaping as reasonably necessary; <br />provided, however, that nothing in this Agreement shall obligate the Redeveloper to landscape <br />any portion of an unimproved real estate prior to the date it is improved. <br />vii. Cleaning, maintaining and repairing of all sidewalks <br />viii. Maintaining in good and safe condition and state of repair any building <br />exterior improvements located thereon. <br />Section 4.10 Reimbursement of Grants. <br />Redeveloper agrees to repay the Authority the grant or grants of funds as provided for in <br />Section 4.05 above in the event Redeveloper fails to obtain the general Certificate of Occupancy <br />for the Enhanced Employment Act Project within one hundred and eighty (180) days after the <br />date as shown in the Timeline as such date may be extended for delays as set forth in Section <br />7.04, and upon such repayment of the grant funds, this Agreement shall be null and void in <br />regards to the Redeveloper and the Enhanced Employment Act Area and the improvements <br />located thereon. In the event the Redeveloper fails to maintain the Redeveloper's Enhanced <br />Employment Act Project as provided in Section 4.09 above, and the Redeveloper fails to cure <br />such breach within thirty (30) days after receiving written notice specifying the manner in which <br />the Redeveloper has breached this Agreement from the Authority, or such longer period if such <br />deficiency cannot reasonably be cured within such thirty (30) day period, then such duty to <br />maintain shall be considered a violation of the City of Grand Island Property Maintenance Code, <br />and the City and/or Authority shall have the right to enforce Redeveloper's duty to maintain as <br />provided in the City of Grand Island Code, or by any other means provided by law. <br />Section 4.11 Agreement to Pay Taxes. <br />Section 4.12 City and Authority Not Liable for Deficiency. <br />Northwest Commons — Grand Island Mall, 2228 N Webb Rd <br />20 1407626 <br />Redeveloper agrees to use commercially reasonable efforts to require its tenants located <br />within the Enhanced Employment Act Area to pay all occupation taxes levied upon the <br />Enhanced Employment Act Area and improvements thereon prior to the time the taxes become <br />delinquent. Redeveloper shall include this requirement in all tenant leases of space located within <br />the Enhanced Employment Act Area. This contractual obligation to pay such taxes prior to <br />delinquency shall cease upon expiration of the Enhanced Employment Act Period or so long as <br />the Occupation Tax Revenue Bond remains outstanding whichever period of time is shorter. <br />Any debt service on the Enhanced Employment Act Indebtedness (including interest) to <br />be paid from Enhanced Employment Act Tax Revenues shall not constitute a general obligation <br />or debt of the City or Authority. Neither the City nor Authority shall be liable for any deficiency <br />nor shortfall in the anticipated collection of the occupation tax revenue collected in the Enhanced <br />Employment Act Area. <br />
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