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11A - 2ND READ ORD - THE HERITAGE
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02/16/2016
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11A - 2ND READ ORD - THE HERITAGE
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2/11/2016 3:09:35 PM
Creation date
2/11/2016 2:09:06 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
11A
Date
2/16/2016
Destruction Year
2021
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brought before the Planning Commission for review and City Council for <br />final determination. <br />4.2 Assignment. Owner shall have the right to transfer or assign the <br />Property, in whole or in part, to any person, entity (public or private), <br />partnership, joint venture, firm or corporation at any time during the term of <br />this Development Agreement; provided, however, the rights of Owner <br />under this Development Agreement may not be transferred or assigned <br />unless the written consent of the City Council is first obtained, and any <br />transfer or assignment of the rights under this Development Agreement <br />shall include in writing the assumption of the duties, obligations, and <br />liabilities arising from this Development Agreement, if the City grants <br />written consent to transfer the rights. Nor shall the rights of the Owner <br />hereunder be subject to assignment by attachment, execution, or <br />proceedings under any provision of the Bankruptcy Act, and any such <br />assignment or transfer of the rights under this Development Agreement <br />shall be wholly void and of no force and effect unless such written consent <br />thereto be obtained from the City Council. A transfer or assignment of the <br />rights under this Development Agreement without the consent of the City <br />Council shall not relieve Owner of any accrued duty, obligation or liability <br />to City, No consent shall be required for sale of units to condominium unit <br />buyers. <br />During the term of this Development Agreement, any approved assignee <br />or transferee of the rights under this Development Agreement shall <br />observe and perform all of the duties and obligations of Owner contained <br />in this Development Agreement as such duties and obligations pertain to <br />the portion of the Property transferred or assigned. Any and all approved <br />successors and assignees of Owner shall have all of the same rights, <br />benefits, duties, obligations, and liabilities of Owner under this <br />Development Agreement. If the Property is subdivided, any subdivided <br />parcel may be sold, mortgaged, hypothecated, assigned, or transferred <br />to persons for development by them in accordance with the provisions of <br />this Development Agreement. Upon assignment or transfer of the rights of <br />Owner under this Development Agreement, the obligations of Owner and <br />the transferee or assignee shall be joint and several. Should the Project <br />be developed as or later converted to condominiums, individual <br />condominium unit buyers shall not have any liability or obligation pursuant <br />to this Development Agreement, <br />4.2.1 Permitted Assignments. The prohibition against transfer <br />of ownership of the Property as defined in section 4.2 <br />above, shall not apply to, and the City hereby consents to <br />the following: <br />a. Transfers to associations, including limited partnerships, limited <br />liability companies, or joint ventures with other entities for the <br />1 11 -25 <br />
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