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75A - CREVIER DEVELOPMENT AGMT.
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07/19/2004
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75A - CREVIER DEVELOPMENT AGMT.
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1/3/2012 5:01:42 PM
Creation date
7/22/2004 4:11:11 PM
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City Clerk
Doc Type
Agenda Packet
Item #
75A
Date
7/19/2004
Destruction Year
2009
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<br />maintenance of (i) new Auto Mall entry signage and associated landscaping at Auto Mall Drive <br />(both east and west sides ofthe entrance), subject to future reimbursement for the eastern entry <br />improvements by the Agency or future developer of this area; (ii) new fencing, walls, painting, <br />decorative paving, etc. along Auto Mall Drive and Edinger A venue frontages, and (iii) to <br />contribute its pro-rata share of fencing, walls, painting, decorative paving, and signage along <br />Ritchey Street frontage of expanded Auto Mall if such is undertaken within twenty (20) years of <br />the effective date of this DDA. Any amount paid pursuant to subsection (i) solely by Developer <br />shall be an offset and a credit against its pro-rata share contribution required to be paid pursuant to <br />subsection (iii). <br /> <br />ARTICLE VI - RESTRICTIONS ON TRANSFER <br /> <br />Section 601. Restrictions on Transfer <br /> <br />It is stipulated and agreed by the parties hereto that the Agency has entered into <br />this DDA for the purpose of obtaining development of the Property in accordance with the goals <br />and objectives of the Redevelopment Plan, that the qualifications and plan submitted by <br />Developer were essential to Agency's selection of Developer for the development of the <br />Property. Except as provided in subsections C and D of this section, the Developer shall not do <br />any of the following transactions or pennit them to occur without the written consent of the <br />Agency, which shall not be umeasonably withheld: <br /> <br />A. <br /> <br />Assign all or any part of this DDA. <br /> <br />B. <br /> <br />Allow any change of more than fifty percent (50%) in the membership, management, or <br />control of Developer (exclusive of the death or incapacitation of any person in such <br />position). <br /> <br />C. <br /> <br />Make any total or partial sale, transfer, conveyance or assignment of the whole or any <br />part of the Property. <br /> <br />D. <br /> <br />The prohibition against transfer of ownership of the Property as defined above shall not <br />apply to, and the Agency hereby consents to, the following: <br /> <br />L <br /> <br />Associations, including limited partnerships, limited liability companies, or joint <br />ventures) with other entities for the purpose of perfonning Developer's <br />obligations under this DDA, provided Developer retains operational and <br />managerial control. ~ <br /> <br />2. <br /> <br />Easements or temporary pennits to facilitate development of the Property. <br /> <br />3. <br /> <br />Deeds of trust or other financing docmnents executed for the purpose of securing <br />loans to Developer made to finance the acquisition and/or development ofthe <br />Property, and transfers to any person or entity pursuant to a foreclosure or deed in <br /> <br />22 <br />
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