2007-06-13 CC - Laserfiche WebLink

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Improvements for each Sub-Phase of the applicable Phase. For Phase I the Developer will submit Construction Plans to the City by the times set forth on Schedule I. (ii) For Sub-Phases other than the Sub-Phases in Phase I Developer and City will refine and agree upon final Construction Plans for the development of the Public Improvements for each Sub-Phase of the applicable Phase. For Phase I the Developer and City will agree upon Construction Plans for the Public Improvements by the times set forth on Schedule I. (d) If the parties are unable to reach an agreement on the acquisition, financing and Construction Plans for any Phase as generally described above and specifically described in Sections 3.3 and 3.4, for each Sub-Phase of each Phase by the anticipated commencement date for that Phase as set forth on Schedule I attached hereto, either party may terminate this Agreement upon written notice to the other upon which this Agreement shall terminate as it relates to that Phase and all subsequent Phases. If the parties do reach an agreement on the acquisition, financing and construction Plans for a Phase, they agree to negotiate a definitive development agreement memorializing the terms and conditions for the development for such Phase. Section 3.3. Developer Actions. During the term of this Agreement, for each applicable Phase, the Developer agrees to undertake the following actions: (a) Acquisition Activities: (i) On or before September 30, 2007 for Phase I, or at least L-J days prior to the anticipated commencement date of each subsequent Phase as set forth on Schedule I, the Developer shall attempt to secure on a voluntary basis, purchase agreements or options under which it may acquire the Acquisition Property necessary to construct the Phase. (ii) Upon request by the City the Developer agrees to inform the City of the status of the negotiations with owners of the Acquisition Property. (ill) With respect to those Parcels in each Phase which the Developer is unable to secure purchase agreements or options, the Developer shall report to the City and provide such documentation as the City may require detailing the Developer's efforts to acquire the Parcel. (iv) For each Phase, Developer shall cause to be prepared by a qualified relocation consultant acceptable to the City a relocation plan detailing the relocation benefits and payments estimated to be payable to persons displaced from the Acquisition Property. (v) Prior to the City's initiation of a proceeding to acquire a Parcel of the Acquisition Property through the use of its powers of eminent domain, the Developer will enter into a contract with a relocation consultant, acceptable to the City, to provide relocation services relative to the relocation of all persons and entities involuntarily 12