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2007-07-11 CC
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2007-07-11 CC
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7/9/2007 11:45:09 AM
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<br />(c) Construction Plans: <br /> <br />(i) For each Sub-Phase Developer and City will refine and agree upon final <br />Construction Plans for the development of the Minimum Improvements for each Sub-:- <br />Phase of the applicable Phase. For Sub-Phases in Phase I the Developer will submit <br />Construction Plans for the Minimum Improvements to the City by the times set forth on <br />Schedule I. <br /> <br />(ii) For each Sub-Phase Developer and City will refine and agree upon final <br />Construction Plans for the development of the Public Improvements for each Sub-Phase <br />of the applicable Phase. For Phase I the Developer.and City will agree upon Construction <br />Plans for the Public Improvements for Phase I by the times set forth on Schedule I. <br /> <br />(d) If the parties are unable to reach an agreement on the acquisition, financing and <br />Construction Plans for any Phase as generally described above and specifically described in <br />Sections 3.3 and 3.4, for each Sub-Phase of each Phase by the anticipated commencement date <br />for that Phase as set forth on Schedule I attached hereto, either party may terminate this <br />Agreement upon written notice to the other upon which this Agreement shall terminate as it <br />relates to that Phase and all subsequent Phases. If the parties do reach an agreement on the <br />acquisition, financing and Construction Plans for a Phase, they agree to negotiate a definitive <br />development agreement memorializing the terms and conditions for the development for such <br />Phase. <br /> <br />Section 3.3. Developer Actions. During the term of this Agreement, for each <br />applicable Phase, the Developer agrees to undertake the following actions: <br /> <br />(a) Acquisition Activities: <br /> <br />(i) On or before September 30, 2007 for Phase I, or at least ninety (90) days <br />prior to the anticipated commencement date of each subsequent Phase as set forth on <br />Schedule I, the Developer shall attempt to secure on a voluntary basis, purchase <br />agreements or options under which it may acquire the Acquisition Property necessary to <br />construct the Phase. <br /> <br />(ii) Upon request by the City the Developer agrees to inform the City of the <br />status of the negotiations with owners of the Acquisition Property. <br /> <br />(ill) With respect to those Parcels in each Phase which the Developer is unable <br />to secure purchase agreements or options, the Developer shall report to the City and <br />provide such documentation as the City may require detailing the Developer's efforts to <br />acquire the Parcel. <br /> <br />(iv) For each Phase, Developer shall cause to be prepared by a qualified <br />relocation consultant acceptable to the City a relocation plan detailing the relocation <br />benefits and payments estimated to be payable to persons displaced from the Acquisition <br />Property. <br /> <br />12 <br />
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