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NS-2456
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Last modified
1/3/2012 1:02:04 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2456
Date
12/4/2000
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233 <br /> <br /> 2.2 "Property Owner" or "Owner" means Bentall/Westminster Partners., <br />being the person, persons, or entity having a legal or equitable interest in the Property, and <br />includes Bentall/Westminster Partner's successors in interest. <br /> <br />2.3 "Property" is the real property described in Exhibit A and referred to in <br /> <br />Exhibit B. <br /> <br /> 2.4 "Project" is the development of the Property as generally set forth in GPA <br />No. 00-002 (City Resolution.No. 2000-076) Site Plan Review 88-31, and the Project Description <br />as set forth in the EIR (including Addendum) for the Project. <br /> <br />to this Agreement and are identified as follows: <br /> <br /> Exhibit <br />Designation <br /> <br /> A <br /> B <br /> C <br /> <br />EXHIBITS. The following documents referred to in the Agreement are attached <br /> <br /> Description <br /> <br />Property Legal Description <br /> <br />Property Graphical Description (Site Plan) <br />Plan of Development <br /> <br />Referred to <br />in Section <br /> <br />1.2 <br /> <br />1.2 <br /> <br />2.1 <br /> <br />4. GENERAL PROVISIONS. <br /> <br /> 4.1 Property Subject to the Agreement. Until released pursuant to the <br />provisions of Section 9.3 below, no property shall be released from this Agreement until <br />Property Owner has fully performed its obligations arising out of the Agreement. <br /> <br /> 4.2 Duration of Agreement. The term of the Agreement shall commence on, <br />and the effective date of the Agreement shall be, the effective date of City Ordinance No. <br />NS-2456 as set forth in Section 1.6 above, and the term shall extend for a period of ten (10) years <br />following the effective date unless the Agreement is earlier terminated, or its term modified of <br />fully executed by both parties; provided, however, that nothing herein is intended nor shall it be <br />interpreted to extend the period of validity of any approval issued in conjunction with the City's <br />Development Project Plan process or building permit, beyond local requirement. <br /> <br /> 4.3 Assignment. Owner shall have the right to transfer or assign the Property, <br />in whole or in part, to any person, entity (public or private), partnership, joint venture, firm or <br />corporation at any time during the term of this Agreement; provided, however, the rights of <br />Owner under this Agreement may not be transferred or assigned unless the written consent of the <br />City Council is first obtained and any transfer or assignment of the rights under this Agreement <br />shall include in writing the assumption of the duties, obligations, and liabilities arising from this <br />Agreement if the City grants written consent to transfer the rights. Nor shall the rights of the <br /> <br />3 <br /> <br /> <br />
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