OPA: Grimshaw House - City of Anaheim

More documents

Recommendations

Info

enforceable to the fullest extent permitted by law. 914. Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term “holiday” shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time. 915. Legal Advice. Each Party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matter set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other Party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. 916. Time of Essence. Time is expressly made of the essence with respect to the performance by Agency and Developer of each and every obligation and condition of this Agreement. 917. Cooperation. Each Party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 918. Conflicts of Interest. No member, official or employee of Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. 919. Non-Liability of Officials and Employees of Agency. No member, official or employee of Agency or Developer shall be personally liable to the other Party, or any successor in interest, in the event of any Default or breach by Agency or Developer or for any amount which may become due to Agency or Developer or their successors, or on any obligations under the terms of this Agreement. Agency and Developer hereby waive and release any claim they may have against the members, officials or employees of Agency or Developer with respect to any Default or breach by Agency or Developer or for any amount which may become due to Agency or Developer or their successors, or on any obligations under the terms of this Agreement. Agency and Developer make such release with full knowledge of Civil Code Section 1542 and hereby waive any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows: 58
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” 922. Time for Acceptance of Agreement by Agency. This Agreement, when executed by Developer and delivered to Agency, must be authorized, executed and delivered by Agency on or before thirty (30) days after signing and delivery of this Agreement by Developer or this Agreement shall be void, except to the extent that Developer shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. 59
Page 1 and 2:
DISPOSITION AND DEVELOPMENT AGREEME
Page 3 and 4:
400. DEVELOPMENT OF THE SITE. .....
Page 5 and 6:
804. Assignment by Agency. ........
Page 7 and 8:
DISPOSITION AND DEVELOPMENT AGREEME
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
Page 59 and 60: commenced by Developer against Agen
Page 61 and 62: 805. Successors and Assigns. All of
Page 63: 906. Counterparts. This Agreement m
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
Page 79 and 80: ATTACHMENT NO. 4 PROJECTED CLOSING
Page 81 and 82: 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 &
show all

OPA: Grimshaw House - City of Anaheim

Create successful ePaper yourself

Delete template?

Save as template?