OPA: Grimshaw House - City of Anaheim

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occupancy, tenure or enjoyment of the land, nor shall the transferee himself or herself, or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land.” Section 5. Covenants to Run with Land. All covenants, conditions, and restrictions contained in this Grant Deed shall be covenants running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit of, and in favor of, and enforceable by Grantor, its successors and assigns, against Grantee, its successors and assigns to or of the Property. The covenants contained in this Grant Deed shall not be construed as conditions subsequent which might result in forfeiture of title. Section 6. Beneficiary of Covenants. In amplification and not in restriction of the provisions set forth hereinabove, it is intended and agreed that Grantor shall be deemed a beneficiary of the agreements and covenants provided hereinabove both for and in its own right and also for the purposes of protecting the interests of the community. All covenants without regard to technical classification or designation shall be binding for the benefit of Grantor, and such covenants shall run in favor of Grantor for the entire period during which such covenants shall be in force and effect, without regard to whether Grantor is or remains an owner of any land or interest therein to which such covenants relate. Grantor shall have the right, in the event of any breach of any such agreement or covenant, to exercise all the rights and remedies, and to maintain any actions at law, suits in equity, or other proper proceedings to enforce the curing of such breach of agreement or covenant. Section 7. Effect of Violation on Security Interests Permitted Under the Agreement. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest permitted under the Agreement; provided, however, that any subsequent owner of the Property shall be bound by such remaining covenants, conditions, restrictions, limitations, and provisions, whether such owner’s title was acquired by foreclosure, deed in lieu of foreclosure, trustee’s sale, or otherwise. Section 8. Modifications. Only Grantor, its successors and assigns, and Grantee and the successors and assigns of Grantee in and to all or any part of the fee title to the Property shall have the right to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, conditions, or other restrictions contained in this Grant Deed, or to subject the Property to additional covenants, conditions, or other restrictions. additional covenants, conditions, or other restrictions without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust, or any other person or entity having any interest less than a fee in the Property. Section 9. No Merger of Other Agreements. None of the terms, covenants, agreements, or conditions heretofore agreed upon in writing in the Agreement, or other instruments between the parties to this Grant Deed, or their predecessors in interest, with respect to obligations to be Attachment No. 6 - Page 3
performed, kept, or observed by Grantee or Grantor with respect to the Property, or any part thereof, after this conveyance of the Property shall be deemed to be merged with this Grant Deed. IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be executed as of the respective dates set forth below. Dated: By: ATTEST: LINDA N. ANDAL, AGENCY SECRETARY By: LINDA N. ANDAL Dated: By: “GRANTOR” ANAHEIM REDEVELOPMENT AGENCY, a public body, corporate and politic Elisa Stipkovich, Executive Director “GRANTEE” BROOKFIELD OLIVE STREET LLC, a Delaware limited liability company Adrian Foley, President Attachment No. 6 - Page 4
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
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(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 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
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: Section 3. Nondiscrimination. Grant
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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