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CC_Minutes_2005_0718
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CC_Minutes_2005_0718
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7/17/2007 9:27:26 AM
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8/19/2005 3:22:44 PM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
7/18/2005
Meeting Type
Work Session
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<br />Friday, Juiy 15, 2005 <br /> <br />Agreement, the Redeveloper shall have control of Parcels 1-4,8-1 and 8-2. <br /> <br />For pnrposes oftms Section, "control" of a Parcel shall mean that the Parcel is subject to <br />an option, purchase agreement or other contract and is subject to no conditions or contin- <br />gencies except for conditions or contingencies which have expired, have been satisfied or <br />waived or may only be invoked by, or operate for the benefit of, the Redeveloper. <br /> <br />(b) The Redeveloper will provide relocation services and benefits to which <br />eligible owners or tenants of the Redevelopment Property may be legally entitled. and <br />will reimburse the City for any costs incurred for relocation services and benefits. The <br />Redeveloper may, in lieu of funding such services and benefits, provide a written waiver <br />by that owner or tenant Such waiver must be in a fonn acceptable to the City, provided <br />that no such waiver shall release the Redeveloper from its obligation to reimburse the <br />City for all claims for relocation benefits and assistance in the event that such waiver <br />shall be determined invalid. The Redeveloper agrees to indemnify and save harmless the <br />City and its officers, agents and employees, and to defend the same, from any claims for <br />relocation benefits and any appeals of relocation benefits relating to Parcels acquired or <br />sought to be acquired by the Redeveloper within the Redevelopment Property. <br /> <br />Section 3.2. Request to Condemn; City Decision. If the Redeveloper is unable to <br />meet the deadlines imposed by Section 3. L then the Redeveloper may request the City to <br />acquire such Parcels by eminent domain. The City will authorize the acquisition by emi- <br />nent domain and will in good faith undertake the steps necessary to acquire fee simple <br />title to the portions of the Redevelopment Property to which the request relates (and. if <br />requested. will proceed in accordance with Minnesota Statutes. Sec. 117.042. the "quick <br />take" provision) if. in its sole discretion. it determines that (i) the Redeveloper has made <br />reasonable efforts to acquire the property. (ii) the Redeveloper has offered what appears <br />to be a fair price for the property based on an appraisal. (iii) the Redeveloper has agreed <br />to provide the security set forth in Section 3.3 to cover acquisition and relocation costs. <br />(iv) the conditions set forth in Section 3.4 have been met and (v) the City determines that <br />the requested acquisition will primarily serve a public purpose. <br /> <br />Section 3.3. Security and Payment <br /> <br />(a) As security for Redeveloper's obligations to cover acquisition and reloca- <br />tion costs of City Parcels acquired by eminent domain, the Redeveloper shall deposit the <br />following amounts with tbe City in the form of cash, letter of credit or other security ac- <br />ceptable to the City: <br /> <br />(1) As a precondition to the City's obligation to undeIiake eminent <br />domain proceedings, an initial deposit of ten percent (10%) of the City's estimate of the <br />total acquisition costs for the Parcel, which shall include an estimate of market value and <br />relocation benefits and assistance, attorney's fees and all other professional fees and ser- <br />VIces. <br /> <br />2 <br />
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