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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 />Section 4.5. Determination ofLarid Prices. <br /> <br />(a) The following shall apply to the determination of the cost of Parcels whenever <br />Project Costs are required to be calculated under this Agreement: <br /> <br />(1) The cost of any Parcel aoquired by the Redeveloper or by any equity owner <br />of the Redeveloper on or before December 31, 2001 shall be determined by an appraisal or other <br />method acceptable to both Parties, based on such Parcel's pre-redevelopment use. <br /> <br />(2) (i) The cost of any Parcel acquired after December 31, 2001 by the <br />Redeveloper or by any of its equity owners from an unrelated party in an arm's length transaction <br />shall be the price paid for the Parcel and attorneys' fees and other transactional costs associated <br />therewith, plus reasonable carrying costs. Carrying costs are those expenses directly related to the <br />holding of the Parcel (including interest on acquisition indebtedness, property taxes, insurance, <br />repairs and maintenance, but not predevelopment costs related to the Project) and reduced by any <br />revenues received on the Parcel. Only actual cash expenses are allowed. No amounts for <br />depreciation, amortization or other non-cash items are allowed. The cost of the Parcel plus the <br />net allowed carrying costs cannot exceed the fair market value of the property on the date of <br />execution of this Agreement. The Redeveloper will certify to the City that such party would be <br />considered unrelated to the Redeveloper or to any of its equity owners under applicable Code <br />regulations. <br /> <br />(ii) Predevelopment costs are costs incurred by the Redeveloper or by <br />one of its equity owners which are contemplated by the Sources and Uses, including but not <br />limited to costs such as fees of architects, engin~ers and environmental consultants, that are <br />associated with the overall develppment of the Project but not with the acquisition or holding of <br />particular Parcels. Although predevelopment costs are not included in carrying costs related to a <br />Parcel, they are included in Project Costs. <br /> <br />(3) The cost of any Parcel acquired after December 31, 2001 by the <br />Redeveloper or by any of its equity owners from a related party (as defined in applicable Code <br />regulations), not including for this purpose any land received by the Redeveloper as a <br />contribution of capital from an equity owner of the Redeveloper, will be determined by <br />agreement between the City and Redeveloper or, if agreement cannot be reached, the cost shall <br />be determined by an appraisal or other method acceptable to both Parties. <br /> <br />(b) The following methods will be used to determine land sales proceeds for the <br />purposes of Section 4.4 and whenever Project Revenues are required to be calculated under this <br />Agreement: <br /> <br />(1) If the Redeveloper sells property (improved or unimproved) to an <br />unrelated party in an arm's length transaction, that price will be determinative. The Redeveloper <br />will provide an unrelated party certification as set forth in subparagraph (a)(2) above. <br /> <br />18 <br />
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