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OPA: Grimshaw House - City of Anaheim

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ATTACHMENT NO. 3<br />

MEMORANDUM OF AGREEMENT<br />

RECORDING REQUESTED BY )<br />

AND WHEN RECORDED MAIL TO: )<br />

)<br />

<strong>Anaheim</strong> Redevelopment Agency )<br />

<strong>Anaheim</strong> <strong>City</strong> Hall West, 10th Floor )<br />

201 S. <strong>Anaheim</strong> Boulevard )<br />

<strong>Anaheim</strong>, California 92805 )<br />

)<br />

MEMORANDUM OF AGREEMENT<br />

Attachment No. 3 - Page 1<br />

This document is exempt from a recording fee<br />

pursuant to Government Code Section 6103.<br />

THIS MEMORANDUM OF AGREEMENT (this “Memorandum”), dated for<br />

purposes <strong>of</strong> identification only as <strong>of</strong> June 1, 2008 (the “Date <strong>of</strong> Memorandum”), is entered by<br />

and between the ANAHEIM REDEVELOPMENT AGENCY, a public body corporate and<br />

politic, (the “Agency”) and BROOKFIELD OLIVE STREET LLC, a Delaware limited<br />

liability company, (the “Developer”).<br />

Section 1. Disposition and Development Agreement. Agency and Developer have<br />

executed a Disposition and Development Agreement (Colony Park Phase II) dated for<br />

identification purposes as <strong>of</strong> even date herewith (the “Agreement”), which provides for the<br />

construction and sale <strong>of</strong> certain housing units upon that certain real property located in the <strong>City</strong><br />

<strong>of</strong> <strong>Anaheim</strong>, County <strong>of</strong> Orange, State <strong>of</strong> California, more particularly described in Exhibit A<br />

which is attached hereto and incorporated herein by this reference (the “Site”). Copies <strong>of</strong> the<br />

Agreement are available for public inspection and copying as a public record in the <strong>of</strong>fice <strong>of</strong> the<br />

Agency Secretary located at <strong>Anaheim</strong> <strong>City</strong> Hall, 200 South <strong>Anaheim</strong> Boulevard, 2nd Floor,<br />

<strong>Anaheim</strong>, California, 92805. All <strong>of</strong> the terms, conditions, provisions and covenants set forth in<br />

the Agreement are incorporated in this Memorandum by reference as though fully set forth herein<br />

at length, and the Agreement and this Memorandum shall be deemed to constitute a single<br />

instrument or document. Capitalized terms not defined herein shall have the meanings ascribed<br />

to such terms in the Agreement.<br />

Section 2. Purpose <strong>of</strong> Memorandum. This Memorandum is prepared for recordation<br />

purposes only, and in no way modifies the terms, conditions, provisions and covenants set forth<br />

in the Agreement. The inclusion <strong>of</strong> the following provisions shall not limit the incorporation <strong>of</strong><br />

the Agreement, but is merely for convenience. In the event <strong>of</strong> any inconsistency between the

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