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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, July 15, 2005 <br /> <br />Section 3.5. Consultation with the Redeveloper. In view of the fact that the City <br />will be requiring that the Redeveloper pay for all of the costs of acquisition, the Parties <br />agree as follows: <br /> <br />(a) The City will not institute any condemnation proceeding without the prior <br />written assent or request of the Redeveloper (unless the City institutes a condemnation <br />action for its own purposes and not pursuant to a Redeveloper request under Section 3.2) <br />and will consult with the Redeveloper regarding selection of legal counsel to commence <br />such proceeding. <br /> <br />(b) The City agrees that it will update the Redeveloper or its legal representa- <br />tive from time to time as to the status of any condemnation action, that it will consult <br />with the Redeveloper regarding significant matters of strategy, and that it will obtain the <br />Redeveloper's prior consent before making or agreeing to make any material stipulation, <br />concession or settlement. <br /> <br />Section 3.6. Discontinuation. <br /> <br />(a) The City shall discontinue acquisition by condemnation of a Parcel if the <br />Parties agree, prior to the date that title and possession have passed to the City, that due <br />to cost, delay or other factors, the Project can proceed without that Parcel. <br /> <br />(b) The City may discontinue acquisition by condemnation of a Parcel at any <br />time prior to the date that title and possession have passed to the City if any of the follow- <br />ing events occur: <br /> <br />(I) The Redeveloper fails to make any payment to the City required by <br />Section 3.3 or any of the events described in Section 8.l(d)(i) or (iv) occurs, <br /> <br />(2) The Redeveloper is in default of any other provision of this <br />Agreement and the Redeveloper fails to remedy such default within thirty (30) days of a <br />written request by the City, or <br /> <br />(3) The City detennines in the exercise of its reasonable iudgment that <br />the Redeveloper's obligation to pay for the acquisition of the Parcel or to pay relocation <br />benefits is not adequately secured, and the Redeveloper fails to provide security deemed <br />adequate by the City within thirty (30) days of a written request by the City. <br /> <br />(c) Upon discontinuance by the City of acquisition activities pursuant to either <br />of subparagraphs (a) or (b) above, the Redeveloper shall promptly reimburse the City for <br />any awards, relocation payments or discontinuance fees relating to any eminent domain <br />proceedings pending at the time of such discontinuance and any relocation benefits that <br />the City is subsequently required to pay based on activities which occurred prior to such <br />discontinuance. Any such expenses borne by the Redeveloper shall be subject to reim- <br />bursement as Eligible Project Costs. The Redeveloper shall indenmify and save the City <br />and its Council members, officers, agents and employees harmless from and against (i) <br /> <br />'f'~,.." <br /> <br />4 <br />
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