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ARTICLE III ACQUISITION AND CONVEYANCE OF THE REDEVELOPMENT PROPERTY Section 3.1. Acquisition. (a) The Redeveloper agrees to diligently pursue acquisition of the Redevelopment Property according to the following timelines: (1) By the date of execution of this Agreement, the Redeveloper will at a minimum have control of Parcels 1-5, 2-1, 2-2a, 2-2b, 2-2c, 2-3, 4-2, 4-3, 4-4, and 4-5 identified on Exhibit A. (2) By August 31, 2005, in addition to the Parcels listed above, the Redeveloper shall also have control of Parcels 1-1, 1-2,1-3,3-1,3-2,4-1, and 5-1. No building permits will be issued until the Redeveloper has control of the Parcels listed in both (1) and (2). (3) No later than eighteen (18) months following execution of this Agreement, the Redeveloper shall have control of Parcels 1-4, 8-1 and 8-2. For purposes of this Section, "control" of a Parcel shall mean that the Parcel is subject to an option, purchase agreement or other contract and is subject to no conditions or contingencies except for conditions or contingencies which have expired, have been satisfied or waived or may only be invoked by, or operate for the benefit of, the Redeveloper. (b) The Redeveloper will provide relocation services and benefits to which eligible owners or tenants of the Redevelopment Property may be legally entitled, and will reimburse the City for any costs incurred for relocation services and benefits. Reiocation services and benefits shall be determined by a relocation consultant retained by the City, the cost of which services and benefits and the fees of such consultant shall be paid or reimbursed by the Redeveloper. The Redeveloper may, in lieu of funding such services and benefits, provide a written waiver thereof by that owner or tenant. Such waiver must be in a form acceptable to the City, provided that no such waiver shall release the Redeveloper from its obligation to reimburse the City for all claims for relocation benefits and assistance in the event that such waiver shall be determined invalid. The Redeveloper agrees to indemnify and save harmless the City and its officers, agents and employees, and to defend the same, from any claims for relocation benefits and any appeals of relocation benefits relating to Parcels acquired or sought to be acquired by the Redeveloper within the Redevelopment Property. Section 3.2. Request to Condemn: City Decision. If the Redeveloper is unable to meet the deadlines imposed by Section 3.1, then the Redeveloper may request the City to acquire such Parcels by eminent domain. The City will authorize the acquisition by eminent domain and will in good faith undertake the steps necessary to acquire fee simple title to the portions of the Redevelopment Property to which the request relates (and, if requested, will proceed in accordance with Minnesota Statutes, Sec. 117.042, the "quick take" provision) if, in its sole 10