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OPA: Grimshaw House - City of Anaheim

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Redevelopment Plan, as it exists or may be amended, to a qualified and responsible party<br />

or parties (as determined by Agency) who will assume the obligation <strong>of</strong> making or<br />

completing the Developer Improvements, or such improvements in their stead as shall be<br />

satisfactory to Agency and in accordance with the uses specified for the Site or part<br />

there<strong>of</strong> in the Redevelopment Plan. Upon such resale <strong>of</strong> the Site, the net proceeds there<strong>of</strong><br />

after repayment <strong>of</strong> any mortgage or deed <strong>of</strong> trust encumbering the Site which is permitted<br />

by this Agreement, shall be applied:<br />

(i) First, to reimburse Agency, on its own behalf or on behalf <strong>of</strong> the <strong>City</strong>, all<br />

costs and expenses incurred by the Agency, excluding <strong>City</strong> and Agency<br />

staff costs, but specifically, including, without limitation, any expenditures<br />

by Agency or <strong>City</strong> in connection with the recapture, management and<br />

resale <strong>of</strong> the Site or part there<strong>of</strong> (but less any income derived by the<br />

Agency from the Site or part there<strong>of</strong> in connection with such<br />

management); all taxes, assessments and water or sewer charges with<br />

respect to the Site or part there<strong>of</strong> which Developer has not paid (or, in the<br />

event the Site is exempt from taxation or assessment <strong>of</strong> such charges<br />

during the period <strong>of</strong> ownership there<strong>of</strong> by Agency, an amount, if paid,<br />

equal to such taxes, assessments, or charges as would have been payable if<br />

the Site was not so exempt); any payments made or necessary to be made<br />

to discharge any encumbrances or liens existing on the Site or part there<strong>of</strong><br />

at the time or revesting <strong>of</strong> title thereto in Agency, or to discharge or<br />

prevent from attaching or being made any subsequent encumbrances or<br />

liens due to obligations, defaults or acts <strong>of</strong> Developer, its successors or<br />

transferees; any expenditures made or obligations incurred with respect to<br />

the making or completion <strong>of</strong> the improvements or any part there<strong>of</strong> on the<br />

Site, or part there<strong>of</strong>; and any amounts otherwise owing Agency, and in the<br />

event additional proceeds are thereafter available, then<br />

(ii) Second, to reimburse Developer, its successor or transferee, up to the<br />

amount equal to the sum <strong>of</strong> (a) the costs incurred for the acquisition and<br />

development <strong>of</strong> the Site and for the improvements existing on the Site at<br />

the time <strong>of</strong> the reentry and possession, less (b) any gains or income<br />

withdrawn or made by Developer from the Site or the improvements<br />

thereon.<br />

Any balance remaining after such reimbursements shall be retained by Agency as<br />

its property. The rights established in this Section are not intended to be exclusive <strong>of</strong> any<br />

other right, power or remedy, but each and every such right, power, and remedy shall be<br />

cumulative and concurrent and shall be in addition to any other right, power and remedy<br />

authorized herein or now or hereafter existing at law or in equity. These rights are to be<br />

interpreted in light <strong>of</strong> the fact that Agency will have conveyed the Site to Developer for<br />

redevelopment purposes, particularly for residential development, and not for speculation<br />

in undeveloped land.<br />

706. Acceptance <strong>of</strong> Service <strong>of</strong> Process. In the event that any legal action is<br />

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