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80A - SETTLEMENT AGMT FINAL VERSION
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80A - SETTLEMENT AGMT FINAL VERSION
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1/3/2012 3:47:44 PM
Creation date
4/20/2011 3:07:37 PM
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City Clerk
Doc Type
Agenda Packet
Date
4/18/2011
Destruction Year
2016
Notes
FINAL VERSION
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other party within thirty (30) days of the commencement of the cause. Times of performance <br />under this Agreement may also be extended in writing by the mutual agreement of the Agency <br />and Developer. Notwithstanding any provision of this Agreement to the contrary, the lack of <br />funding to complete the Developer Improvements shall not constitute grounds of enforced delay <br />pursuant to this Section 507. <br />600. GENERAL PROVISIONS. <br />601. Notices, Demands and Communications Between the Parties. Any approval, <br />disapproval, demand, document or other notice ("Notice") which either party may desire to give <br />to the other party under this Agreement must be in writing and may be given by any <br />commercially acceptable means to the party to whom the Notice is directed at the address of the <br />party as set forth below, or at any other address as that party may later designate by Notice. <br />To Agency: Community Redevelopment Agency <br />of the City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, California 92701 <br />Attention: Agency Executive Director <br />Copy: City Attorney I Agency Counsel <br />Copy to: Stradling Yocca Carlson & Rauth <br />660 Newport Center Drive, Suite 1600 <br />Newport Beach, California 92660 <br />Attention: Thomas P. Clark, Jr. <br />To Developer: Santa Ana Station District, LLC <br />18201 Von Karman Avenue, Suite 900 <br />Irvine, California 92612 <br />Attention: William A. Witte <br />Any written notice, demand or communication shall be deemed received <br />immediately if delivered by hand and shall be deemed received on the third day from the date it <br />is postmarked if delivered by registered or certified mail. <br />602. Transfers of Interest in Site or Agreement. <br />602.1 Prohibition. The qualifications and identity of the Developer are of <br />particular concern to the Agency. It is because of those qualifications and identity that the <br />Agency has entered into this Agreement with the Developer. For the period commencing upon <br />the Date of Agreement and until the termination of the Redevelopment Plan, no voluntary or <br />involuntary successor in interest of the Developer shall acquire any rights or powers under this <br />Agreement, nor shall the Developer make any total or partial sale, transfer, conveyance, <br />assignment, subdivision, refinancing or lease of the whole or any part of the Site or the <br />Developer Improvements thereon, (any of which is hereafter referred to as a "Transfer") without <br />prior written approval of the Agency, except as expressly set forth hereinafter. The person or <br />entity making the Transfer is referred to herein as the Transferor and the person or entity <br />accepting the Transfer is referred to herein as the "Transferee." <br />61 <br />DOC S OC11400673 v 14!200272-0001
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