OPA: Grimshaw House - City of Anaheim

“Date of Agreement” is defined in the initial paragraph of this Agreement.
“Declaration of Covenants, Conditions, and Restrictions” means that certain
Declaration of Covenants, Conditions, and Restrictions to be recorded against the
Housing Parcels developed with Housing Units in accordance with Section 504.1 (A) of
this Agreement providing for, among other things, the maintenance of the Housing Units,
substantially in the form attached hereto as Attachment No. 10 and incorporated herein by
this reference. In lieu of recording the Declaration of Covenants, Conditions, and
Restrictions, Developer may, with the consent of Agency (which consent shall not be
unreasonably withheld, conditioned or delayed), record some other form of a declaration
of covenants, conditions and restriction, provided such alternative declaration contains, at
a minimum, covenants, conditions and restrictions substantially similar to those set forth
in the Declaration of Covenants, Conditions and Restrictions.
“Default” means the failure of a Party to perform any action or covenant required by this
Agreement within the time periods provided therein following notice and opportunity to
cure, as set forth in Section 701 of this Agreement.
“Design Development Drawings” means those plans and drawings to be submitted to
Agency for its approval, pursuant to the Design Review Process.
“Design Review Process” means that process for Agency’s review of the design of the
Project set forth in Section 402 of this Agreement.
“Developer” means Brookfield Olive Street LLC, a Delaware limited liability company,
and any permitted assignees of Developer.
“Developer Deposit” means Two Million One Hundred Five Thousand Eight Hundred
Twenty Dollars ($2,105,820); the Developer Deposit shall be nonrefundable but
applicable toward payment of the Base Purchase Price as more fully set forth in Section
301.2 of this Agreement.
“Developer Improvements” means the improvements to be constructed by Developer
upon the Site and all approvals and permits required for completion of the Developer
Improvements, all as more particularly described in the Scope of Development. The
“Developer Improvements” shall generally consist of the Housing Units, common area
improvements, on-site utilities, front and side yard landscaping and landscaping in alleys
next to garage doors.
“Developer’s Conditions Precedent to Closing” is defined in Section 304.8 (B) of this
Agreement.
“Developer’s Due Diligence” means the due diligence conducted by Developer during
Developer’s Due Diligence Period as more fully defined in Section 303.2 of this
Agreement.
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