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611 North Minter Court ("Minter Court"), identified as Property No. 16 in Exhibit <br />"E", for sale to any buyer ("Buyer") willing and able to relocate the structure(s) <br />off of the site designated as "Lot 1" on the FOL Settlement Property Plan (Exhibit <br />"D"). The Parties acknowledge and agree that, any party desiring to relocate <br />Minter Court must do so no later than May 15, 2011. Prior to said relocation, the <br />potential Buyer or other party desiring to relocate Minter Court must comply with <br />all legal requirements for purchase and relocation of the property, including all <br />applicable municipal and other laws. If by May 19, 2011, it appears that the <br />Developer is unlikely to receive an allocation of Tax Credits for Phase R-1 of the <br />Revised Station District Project in the First Round of 2011 funding, the City, the <br />Agency, and the Developer may decide to extend the deadline, and the Agency <br />will not demolish Minter Court until the expiration of that future timeframe. If <br />the Minter Court property is not sold and relocated by May 15, 2011, or by such <br />later date as the City, the Agency and the Developer may agree, the Parties agree <br />that Minter Court may be demolished immediately thereafter. If a Buyer requires <br />financial assistance related to the purchase of Minter Court, a Buyer may contact <br />the Agency, and the Agency will consider in good faith all available financing <br />options, including loan programs. Any financing provided by the Agency will <br />reduce the allocation of funds assigned to the Lacy Housing Fund by an equal <br />amount. In no event shall the consideration of financing options delay <br />demolition of Minter Court by the timeframes established in this paragraph 3.1. <br />3.2. The Parties acknowledge and agree that the Agency may initiate the bidding <br />process on a demolition contract for demolition of Minter Court concurrently with <br />offering Minter Court for sale to ensure that Lot 1 will be cleared prior to any <br />award of Tax Credits for Phase R-1. <br />3.3. Petitioner FOL covenants and agrees that it, and each of its members, shall <br />forever refrain from instituting, prosecuting, maintaining, financing, proceeding <br />on, participating in, encouraging, supporting, or advising or recommending to be <br />commenced or prosecuted, any lawsuit, action or proceeding (judicial, arbitral, or <br />administrative) which arises out of, or is or may be, in whole or in part, based <br />upon, connected with or related to bidding or approval of a demolition contract <br />for demolition of Minter Court. <br />4. Preparation of Historic Survey. The City will retain a cultural resource professional who <br />meets the Secretary of the Interior's Professional Qualifications Standards for <br />Architectural History to conduct a survey to determine the historic status and eligibility <br />for listing on either the California Register of Historical Resources ("CRHR") or the <br />Santa Ana Register of Historical Properties ("SARHP") of all residential properties <br />within the Lacy Neighborhood with a construction date prior to 1961 that have not been <br />surveyed within five (5) years of the commencement of the survey to be conducted <br />pursuant to this Section 4 ("Historic Survey"). The twenty-five (25) properties listed on <br />the FOL Settlement Property Descriptions (Exhibit "E") and subject to the terms of this <br />Agreement set forth in Exhibit "D" will therefore not be subject to the Historic Survey. <br />The Historic Survey will be initiated immediately upon the Effective Date of this <br />Agreement and the City will use best efforts to ensure that it is completed within one (1)