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<br />(a) Acquisition: <br /> <br />(i) For Phase I only, negotiate the terms. of the sale by the City to the <br />Developer of the City Property. <br /> <br />(ii) Developer shall attempt on a voluntary basis to secure control of the <br />Acquisition Property included in that particular Phase through the negotiation of options <br />or purchase agreements with the owners thereof. <br /> <br />(ill) Developer will identify to the City those Parcels of the Acquisition <br />Property for that particular Phase that it will be unable to acquire on a voluntary basis. <br /> <br />(iv) City will determine whether it can use its eminent domain authority to <br />acquire those portions of the Acquisition Property for that particular Phase that Developer <br />is unable to acquire on a voluntary basis. <br /> <br />(v) City and Developer will determine whether they can agree on the terms <br />and conditions of the_ City's acquisition of any portion of the Acquisition Property that <br />Developer is unable. to acquire on a voluntary basis for that particular Phase, including, <br />without limitation, the amounts of deposits and security to be provided by the Developer <br />to the City to cover the City's costs of acquisition, including attorneys' fees, and related <br />relocation costs. <br /> <br />(vi) For Phase I the Developer and City will agree upon the final acquisition <br />terms for all Sub-Phases of Phase I by the times set forth on Schedule I. <br /> <br />(b) Financing: <br /> <br />(i) For each Sub-Phase the City and Developer will determine whether they <br />can agree on the financial feasibility of the development of the Minimum Improvements <br />and Public Improvements for each Sub-Phase of the applicable Phase. <br /> <br />(ii) For each Sub-Phase Developer will identify the sources of available funds <br />to be used to construct the Minimum Improvements and Public Improvements for each <br />Sub-Phase of the applicable Phase. <br /> <br />(ill) For each Sub-Phase the City shall use its best efforts to endeavor to obtain <br />and procure any available and necessary public financial assistance for each Sub-Phase of <br />the applicable Phase, including but riot limited to grants and Tax Increment. <br /> <br />(iv) For each Sub-Phase City and Developer will negotiate the terms of any <br />Notes to be issued to the Developer to reimburse the Developer for Public Development <br />Costs related to such Sub-Phases. <br /> <br />(v) For Phase I the Developer and City will agree upon all financing by the <br />times set forth on Schedule I. <br /> <br />11 <br />