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Last modified
7/17/2007 9:29:34 AM
Creation date
1/10/2006 3:17:23 PM
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Roseville City Council
Document Type
Council Resolutions
Meeting Date
12/19/2006
Resolution #
10367
Resolution Title
RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC USE BY RIGHT OF EMINENT DOMAIN
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<br />(e) Taxes. The Redeveloper' shall pay all outstanding real estate taxes, special <br />assessments, recording and other outstanding miscellaneous costs relating to the City Parcels. <br /> <br />(f) Plat. The Redeveloper at its expense shall record the Final Plat or Plats for the <br />Project. Except as the Parties may agree otherwise, the relevant Final Plat shall be filed for <br />recording before Commencement of Construction. <br /> <br />Section 3.8. Conditions Precedent to Convevance. <br /> <br />(a) The City's obligation to convey each City Parcel to the Redeveloper shall be subject <br />to the following conditions: <br /> <br />(1) The City shall have acquired title to the City Parcel; <br /> <br />(2) On the date of Closing, the Redeveloper shall be in material compliance <br />with all ofthe terms and provisions of this Agreement; <br /> <br />(3) The Redeveloper shall have paid the purchase price described in Section <br /> <br />3.7(c); and <br /> <br />(4) The Tax Increment District shall have been established and a request for <br />certification made to the County Audito~. <br /> <br />(b) The Redeveloper's obligation to acquire each City Parcel shall be subject to the City <br />having approved the Preliminary Plat relating to such City Parcel. <br /> <br />Section 3.9. Acquisition or Environmental Remediation of Parcel Becomes hnpossible or <br />Commercially hnpracticable. <br /> <br />(a) If the City is legally unable to acquire a Parcel through the eminent domain <br />process and, ifboth Parties agree that the elimination of such Parcel will not substantially impair <br />the integrity of the entire Project, the Parties will use their best efforts to reach agreement as to <br />whether changes to the Concept Plan can be made to accommodate the elimination of the Parcel. <br />Any such changes shall be subject to the approval of City Council and the Redeveloper. <br /> <br />(b) If the cost to acquire either or both of Parcels 8-1 or 8-2 would render the entire <br />Project (not just Block 7, which is the portion of the Project within Area 8) Financially <br />Unfeasible (as defined in subparagraph (d) below), and if both Parties agree that the elimination <br />of such Parcel will not substantially impair the integrity of the Project, the Parties will use their <br />best efforts to reach agreement as to whether changes to the Concept Plan can be made to <br />accommodate the elimination of such Parcel or Parcels. Such changes will be subject to the <br />approval of City Council and the Redeveloper. <br /> <br />(c) If the cost of Environmental Remediation would render the entire Project <br />Financially Unfeasible, the Parties agree to discuss whether changes to the Concept Plan can be <br />made (such as to eliminate and/or change the land use of one or more Parcels) in a way which <br /> <br />14 <br />
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