OPA: Grimshaw House - City of Anaheim

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ATTACHMENTS Attachment No. 1 Map Attachment No. 2 Legal Descriptions Attachment No. 3 Memorandum of Agreement Attachment No. 4 Projected Closing Schedule Attachment No. 5 Right of Entry and License Agreement (Due Diligence and Pre-Closing Site Preparation) Attachment No. 6 Grant Deed Attachment No. 7 Schedule of Performance Attachment No. 8 Scope of Development Attachment No. 9 Release of Construction Covenants Attachment No. 10 Declaration of Covenants, Conditions, and Restrictions Attachment No. 11 Release of Memorandum of Agreement Attachment No. 12 Actual Construction Costs Addendum v
DISPOSITION AND DEVELOPMENT AGREEMENT (Colony Park Phase II) This DISPOSITION AND DEVELOPMENT AGREEMENT (Colony Park Phase II) (this “Agreement”), dated for purposes of identification only as of June 1, 2008 (the “Date of Agreement”), is entered by and between the ANAHEIM REDEVELOPMENT AGENCY, a public body corporate and politic, (the “Agency”) A N D BROOKFIELD OLIVE STREET LLC, a Delaware limited liability company (the “Developer”). RECITALS The following recitals are a substantive part of this Agreement; all capitalized terms set forth in the recitals shall have the meanings ascribed to such terms in Section 100 of this Agreement. A. The Parties desire to redevelop the Site as the Project. As of the Date of Agreement, Agency Owns the Site. B. In this Agreement, the Parties desire to set forth the terms and conditions relating to (i) the sale of the Site to Developer, (ii) the construction of the Improvements, and (iii) the sale of the Housing Units. C. Agency's sale of the Site and Developer’s construction of the Developer Improvements and sale of the Housing Units pursuant to the terms of this Agreement are in the vital and best interest of Agency, the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements under which the redevelopment of the Redevelopment Project has been undertaken. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, AGENCY AND DEVELOPER AGREE AS FOLLOWS: 1
Page 1 and 2: DISPOSITION AND DEVELOPMENT AGREEME
Page 3 and 4: 400. DEVELOPMENT OF THE SITE. .....
Page 5: 804. Assignment by Agency. ........
Page 9 and 10: for the applicable Anaheim’s Home
Page 11 and 12: (vii) One Hundred Forty-Four Thousa
Page 13 and 14: “Developer’s Due Diligence Peri
Page 15 and 16: (Carpenter-Presley-Tanner Hazardous
Page 17 and 18: “Notice” shall mean a notice in
Page 19 and 20: all, of the Tract Map, and (iii) co
Page 21 and 22: DIFFICULT TO ESTIMATE OR FIX THE AM
Page 23 and 24: Until the Closing, Developer shall,
Page 25 and 26: In the event that Developer deliver
Page 27 and 28: ownership or operation of the Site,
Page 29 and 30: (B) The Parties to the Escrow joint
Page 31 and 32: Agency’s ten (10) day election pe
Page 33 and 34: (v) Execution of Documents. Develop
Page 35 and 36: the Escrow and this Agreement. If e
Page 37 and 38: h. Detailed schedule of interior an
Page 39 and 40: and the Site. Agency staff will wor
Page 41 and 42: 408. Financing of the Developer Imp
Page 43 and 44: Improvements, or any portion thereo
Page 45 and 46: the time periods set forth in Secti
Page 47 and 48: c. Clean-up maintenance shall inclu
Page 49 and 50: (A) Recordation of Declaration of C
Page 51 and 52: calculated. 505. Effect of Violatio
Page 53 and 54: Developer and Agency covering loss
Page 55 and 56: 601.8 Obligation to Repair and Rest
Page 57 and 58:
(b) one or more of Agency’s Condi
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commenced by Developer against Agen
Page 61 and 62:
805. Successors and Assigns. All of
Page 63 and 64:
906. Counterparts. This Agreement m
Page 65 and 66:
“A general release does not exten
Page 67 and 68:
State of California ) ) ss. County
Page 69 and 70:
ATTACHMENT NO. 2 LEGAL DESCRIPTIONS
Page 71 and 72:
terms, conditions, provisions and c
Page 73 and 74:
set forth in Section 704 of the Agr
Page 75 and 76:
occurs: a. pay and discharge the sa
Page 77 and 78:
State of California ) ) ss. County
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ATTACHMENT NO. 4 PROJECTED CLOSING
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2.1 Insurance. Brookfield shall sec
Page 83 and 84:
California Health and Safety Code,
Page 85 and 86:
John E. Woodhead, Assistant City At
Page 87 and 88:
IN WITNESS WHEREOF, the Parties hav
Page 89 and 90:
EXHIBIT A MAP (to be provided; to d
Page 91 and 92:
Section 3. Nondiscrimination. Grant
Page 93 and 94:
performed, kept, or observed by Gra
Page 95 and 96:
ATTACHMENT NO. 7 SCHEDULE OF PERFOR
Page 97 and 98:
ATTACHMENT NO. 9 RELEASE OF CONSTRU
Page 99 and 100:
IN WITNESS WHEREOF, AGENCY HAS EXEC
Page 101 and 102:
ATTACHMENT NO. 10 DECLARATION OF CO
Page 103 and 104:
C. In accordance with Section of th
Page 105 and 106:
EXHIBIT A TO ATTACHMENT NO. 11 A LE
Page 107 and 108:
C. In accordance with Section of th
Page 109 and 110:
EXHIBIT A TO ATTACHMENT NO. 11 B LE
Page 111 and 112:
(defined in (iv) below), provided,
Page 113 and 114:
and Option Prices are charged (but
Page 115 and 116:
3. Agency may one (1) time within s
Page 117 and 118:
EXHIBIT 2 TO ATTACHMENT NO. 12 TO A
Page 119:
Plumbing Fixtures HVAC Electrical &
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OPA: Grimshaw House - City of Anaheim

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