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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 />with this Agreement, the Concept Plan, and all applicable state and local laws and regulations. <br />The Construction Plans must address and contain the following: <br /> <br />(i) The location, nature and construction timing of all Public <br />Improvements to be constructed to serve and benefit that Stage of the Minimum Improvements, <br />and all other Public Improvements that are required as a consequence of the Project. Required <br />improvements include the improvements described in Exhibit E. <br /> <br />(ii) The plans, specifications, drawings and related documents on the <br />construction work to be performed by the Redeveloper on the Redevelopment Property, <br />including the Minimum Improvements and the related Site Improvements, which shall include at <br />least the following: (A) site plan, (B) floor plan for each floor, (C) cross sections of each (length <br />and width), (D) elevations for all sides, (E) specifications of construction materials, fixtures and <br />available upgrades, (F) PUD Agreement exhibits, and (G) such other plans or supplements to the <br />foregoing plans as the City may reasonably request to allow it to ascertain the nature and quality <br />of the proposed construction \-vork. Such documents need not be as detailed as the documents <br />which are submitted to City building officials. <br /> <br />(2) Approval. The City shall approve the Construction Plans in writing if: (i) <br />the Construction Plans conform in all material respects to the terms and conditions of the <br />Concept Plan and this Agreement; (ii) the Construction Plans conform to all applicable federal, <br />State and local laws, ordinances, rules and regulations; and (iii) the Construction Plans are <br />adequate to provide for the construction of the Minimum Improvements. However, the City will <br />have the right to decline to approve the Construction Plans if it appears to the City that the total <br />market value of the Minimum Improvements will not be at least 90% of the total market value of <br />the Minimum Improvements shown in the Concept Plan; provided, that the City may not reject <br />the Construction Plans on that basis only if the Redeveloper demonstrates to the City's <br />satisfaction that the market will no longer support the Minimum. Improvements shown in the <br />Concept Plan. <br /> <br />If approval of the Construction Plans is requested in writing by the Redeveloper at the time of <br />submission thereof to the City, the City shall approve or reject (in whole or in part) such <br />Construction Plans in writing within twenty (20) days after the date of receipt thereof. Any <br />rejection shall set forth in detail the reasons therefor. lfthe City rejects any Construction Plans in <br />whole or in part, the Redeveloper shall submit new or corrected Construction Plans within thirty <br />(30) days after written notification to the Redeveloper of the rejection. The provisions of this <br />Section relating to approval, rejection and resubmission of corrected Construction Plans shall <br />continue to apply until the Construction Plans have been approved by the City. The City's <br />approval shall not be unreasonably withheld. Said approval shall constitute a conclusive <br />determination that the Construction Plans (and the Minimum Improvements, if constructed in <br />accordance with said plans) comply with the provisions of this Agreement relating thereto. <br /> <br />No approval by the City shall relieve the Redeveloper of the obligation to comply with the terms <br />of this Agreement and applicable federal, State and local laws, ordinances, rules and regulations, <br />or to construct the Minimum Improvements in accordance therewith. No approval by the City <br />shall constitute a waiver of any Event of Default. <br /> <br />26 <br />
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