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NS-2193 - Adopting Specific Development Plan No. 59 for Said Property, and Approving a Development Agreement Between the City of Santa Ana ...
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NS-2193 - Adopting Specific Development Plan No. 59 for Said Property, and Approving a Development Agreement Between the City of Santa Ana ...
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1/3/2012 1:02:49 PM
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6/26/2003 10:08:08 AM
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City Clerk
Doc Type
Ordinance
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NS-2193
Date
5/3/1993
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the development of the Project, it will be reasonably and justifi- <br />ably relying upon the other party's covenants contained in this <br />Development Agreement. <br /> <br /> City further acknowledges that the Development is and <br />shall be considered a single integrated development project, and <br />that the Developer's (and its successors' and assigns') development <br />of each component of the Development is dependent upon its right to <br />complete and occupy each other component, and that the economic <br />viability of each component of the Development is and shall be <br />dependent upon the Developer's (and its successors' and assigns') <br />right to complete and occupy each other component and upon the <br />city's full performance of its obligations under this Development <br />Agreement. <br /> <br />29. Entire Agreement; Naivete. <br /> <br />This Development Agreement is executed in two duplicate originals, <br />each of which is deemed to be an original. This Development <br />Agreement consists of twenty-five (25) pages and four (4) exhibits <br />which constitute the entire understanding and agreement of the <br />parties. This Development Agreement integrates all of the terms <br />and conditions mentioned herein or incidental hereto, and super- <br />sedes all negotiations or previous agreements between the parties <br />with respect to all or any part of the subject matter hereof, <br />excepting only the other agreements referenced herein. <br /> <br /> Ail waivers of the provisions of this Development <br />Agreement shall be in writing and signed by the appropriate <br />authorities of the City and Developer and its successors and <br />assigns, and all amendments hereto must be in writing and signed by <br />the appropriate authorities of the City and Developer and its <br />successors and assigns. <br /> <br />30. Effective Date. <br /> <br /> The Effective Date of this Development Agreement shall be <br />the date that the City Council ordinance adopting this Development <br />Agreement becomes effective, which date shall be thirty (30) days <br />after the City Council meeting at which such ordinance is adopted. <br /> <br />31. Rules of Construction; Section Headings. <br /> <br /> The singular includes the plural and the masculine gender <br />includes the feminine. Section headings used in this-Development <br />Agreement are for convenience of reference only and shall not <br />constitute a part of this Development Agreement for any other <br />purpose or affect the construction of this Development Agreement. <br /> <br />32. Time of the Essence. <br /> <br />Time is of the essence regarding each provision of this <br /> <br />29 <br /> <br /> <br />
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