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<br />(a) Acquisition Activities: <br /> <br />(i) The City will analyze and respond to the information provided to the City <br />by the Developer pursuant to Section 3.3(a). <br /> <br />(ii) The City will negotiate in good faith the terms of the sale of the City <br />Property to Developer. <br /> <br />(ill) The City will cooperate and assist the Developer in its efforts to secure <br />control of the Acquisition Property. <br /> <br />(iv) The City will attempt to identify which properties of the Acquisition <br />Property the City has the legal authority to acquire using its powers of eminent domain <br />should it not be possible to acquire the properties on a voluntary basis. <br /> <br />(v) Upon receipt of a request from the Developer, the City will hold a public <br />hearing on the question of whether the City should institute a proceeding to acquire any <br />Parcel using its powers of eminent domain as provided in this section, which decision <br />shall be in the City's discretion. The City and Developer shall reach agreement on the <br />various deposits and other security that must be provided to the City to make funds <br />available to pay the costs of acquisition and related relocation costs prior to <br />commencement of any such eminent domain action. <br /> <br />(b) Financing Activities: <br /> <br />(i) The City will analyze and respond to the information provided to the City <br />by the Developer pursuant to Section 3.3(b). <br /> <br />(ii) The City will identify more specifically the nature, location and costs of <br />the Minimum Improvements and Public Improvements and procure available and <br />necessary public financial assistance. <br /> <br />(ill) The City will, to the extent possible, structure funding for the Public <br />Improvements to be exempt from public bidding requirements. <br /> <br />(iv) The City will prepare applications for grants and other funding that the <br />City and Developer agree should be sought in connection with the development of the <br />Minimum Improvements and construction of the Public Improvements. <br /> <br />(v) The City will analyze the feasibility of creating the Tax Increment <br />Districts as redevelopment tax increment districts, as defined in the Tax Increment Act, <br />including the schedule for creating the Tax Increment Districts. <br /> <br />(vi) If applicable, the City will, subject to legal limitation, endeavor to create <br />the Tax Increment Districts. <br /> <br />(vii) If applicable, the City will take all actions necessary to issue the Note or <br />Notes for each Sub-Phase of the applicable Phase. <br />14 <br />