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and to terminate and revest in Agency the estate therein conveyed to Shea. Upon <br />issuance and recordation of the Certificates of Completion, the above-referenced deed <br />restriction shall be deemed removed. <br /> <br /> Upon the revesting in Agency of title to the Acquisition Parcels or a portion <br />thereof, as provided in this section, Agency shall, pursuant to its responsibilities under <br />state law, use its best efforts to resell the Acquisition Parcels, or portion thereof, as soon <br />and in such manner as Agency shall find feasible and consistent with the objectives of <br />such law and of the Redevelopment Plan, as it may be amended, to a qualified and <br />responsible party or parties (as determined by Agency) who will assume the obligation of <br />constructing or completing the Shea Project or such portion thereof, or such <br />improvements in their stead as shall be satisfactory to Agency and in accordance with the <br />uses specified for the Acquisition Parcels or portion thereof, in the Redevelopment Plan. <br />Upon such resale of the Acquisition Parcels or portion thereof, the proceeds thereof shall <br />be applied: <br /> <br /> a. First, to reimburse Agency for all costs and expenses incurred by Agency, <br /> including, but not limited to, consulting fees and billed expenses in connection with <br /> the recapture, management and resale of the Acquisition Parcels or part thereof (but <br /> less any income derived by Agency; all taxes, assessments and water and sewer <br /> charges with respect to the Acquisition Parcels or part thereof; any payments made or <br /> necessary to the made to discharge any valid encumbrances or valid liens existing on <br /> the Acquisition Parcels or part thereof at the time of revesting of title thereto in <br /> Agency, or to discharge or prevent from attaching or being made any subsequent <br /> encumbrances or liens due to obligations, defaults or acts of Shea, and any <br /> expenditures made or obligations incurred with respect to the making or completion <br /> of the improvements or any part thereof on the Acquisition Parcels, or part thereof; <br /> and <br /> <br /> b. Second, all sums remaining after the reimbursements set forth in clause (a) <br /> above shall be paid to Shea. <br /> <br /> To the extent that the rights established in this section involve a forfeiture, this <br />section must be stri~-ffy interpreted against Agency, the party for whose benefit it is <br />created. The rights established in this section are intended to assure that the Acquisition <br />Parcels are acquired and conveyed to Shea for development, and not for speculation in <br />undeveloped land. <br /> <br />Article 9. ASSIGNMENT AND TRANSFERS <br /> <br /> The qualifications and identity of Shea are of particular concern to Agency, and it <br />is because of such qualifications and identity that Agency has entered into this <br />Agreement with Shea. No voluntary or involuntary successor in interest of Shea shall <br />acquire any rights or powers under this Agreement, except as expressly set forth herein. <br /> <br /> §901 Prohibition Against Transfer of the Shes Project Site, the Buildings or <br /> Structures Thereon and Assignment of Agreement <br /> Prior to the issuance by Agency of a Certificate of Completion, Shea shall not <br />(except as expressly permitted by this Section 901), without the prior written approval of <br />Agency, which shall not be unreasonably withheld, make any total or partial sale, <br /> <br /> 40 <br />wc-21875 ~ <br /> <br /> <br />