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FULL PACKET_2005-10-17
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FULL PACKET_2005-10-17
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1/3/2012 4:50:54 PM
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<br />merely end the period as to which such approvals are vested against subsequent changes in <br />applicable law. <br /> <br />(e) Upon the expiration or termination of this Agreement for any reason, the <br />City and Owner and its successors and assigns agree to cooperate and execute any document <br />reasonably requested by the other party to remove this Agreement from the public records as to <br />the Property or any applicable portion thereof. <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, that except as <br />provided in Section 4.4 of this Agreement the rights of Owner under this Agreement may not be <br />transferred or assigned unless the written consent of the Council is first obtained and any transfer <br />or assignment ofthe rights under this Agreement shall include in writing the assumption ofthe <br />duties, obligations, and liabilities arising from this Agreement if the City grants written consent <br />to transfer the rights. The rights of the Owner hereunder shall not be subject to assignment by <br />attachment, execution, or proceedings under any provision of the Bankruptcy Act, and any such <br />assignment or transfer shall be wholly void and of no force and effect unless such written consent <br />thereto be obtained from the Council. Such transfer or assignment shall not relieve Owner of any <br />duty, obligation or liability to City without the consent of the City. During the term of this <br />Agreement, any approved assignee or transferee of the rights under this Agreement shall observe <br />and perform all of the duties and obligations of Owner contained in this Agreement as such <br />duties and obligations pertain to the portion of the Property transferred or assigned. Any and all <br />approved successors and assignees of Owner shall have all of the same rights, benefits, duties, <br />obligations, and liabilities of Owner under this Agreement. If the Property is subdivided, any <br />subdivided parcel may be sold, mortgaged, hypothecated, assigned, or transferred to persons for <br />ownership, investment, use or development by them in accordance with the provisions of this <br />Agreement. <br /> <br />4.4 Assignment to Controlled Assignee. Notwithstanding the above, consent <br />shall not be required in connection with a Permitted Transfer (as herein defined) provided <br />Council is notified of such Permitted Transfer and furnished with copies of the fully executed <br />instruments effectuating same within fifteen (15) business days after the effective date thereof. <br />For purposes hereof, the capitalized terms used herein shall be defined as follows: <br /> <br />(i) "Permitted Transfer" shall mean transfer ofthe Property and/or <br />Transfer (defined below) of direct or indirect interests in Owner if, following the transfer (a) the <br />Property remains under the Legal Control (defined below)Steadfast Residential Properties, a <br />, or (b) foreclosure pursuant to the provisions of Section 8.5 of this Agreement. <br /> <br />(ii) "Legal Control" shall mean the power or authority, directly or <br />indirectly through one or more intermediaries, through the ownership of voting securities, by <br />contract or otherwise, to direct the management, activities or policies of such person or entity. <br /> <br />(iii) "Transfer" shall mean any change in the direct or indirect <br />members, partners, shareholders or principals in the ownership of an entity or other ownership <br />components of such entity. <br /> <br />5 <br />11 A-22 <br />
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