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Agmt00 Irvine Apartment Communi
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Agmt00 Irvine Apartment Communi
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Entry Properties
Last modified
11/20/2012 11:49:51 AM
Creation date
10/22/2002 9:23:14 AM
Metadata
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Template:
Agreement
Contractor Name
Irvine Apartment Communities
PROJECT NAME
Franklin Street project
RMP File Number
304
Date
2/15/2001
Reso Ref
RD-00-53, RD 99-30
Amendment
Yes
Box
6150
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Agency do not agree on an amount of the Supplemental Pre-Acquisition Costs to be paid by IAC <br /> by the Resolution Deadline Date, then either party may terminate this Agreement. In such event, <br /> or if this Agreement is otherwise terminated pursuant hereto, the Agency shall return to IAC that <br /> portion of the funds deposited to fund the Pre-Acquisition Budget that has not already been <br /> expended or obligated by the Agency for activities authorized under the Pre-Acquisition Budget <br /> prior to the Notification Date or termination date, as the case may be. <br /> Pre-Acquisition costs shall consist of pre-acquisition costs, including, but not limited to, <br /> the following ("Pre-Acquisition Costs"): <br /> 1. Cost of Appraisals, including cost of the Agency's environmental consultant. <br /> 2. Cost of the Agency's attorneys associated with implementation of this <br /> Agreement, and of the Agency's eminent domain attorneys, including all costs <br /> associated with obtaining rights of entry hereunder. <br /> 3. Consultant costs for data collection, the Replacement Housing Plan, interviews <br /> with displaced persons, relocation needs assessment and survey of available <br /> comparable replacement housing, and preparation of a relocation plan for tenants <br /> of the Acquisition Parcels. <br /> 4. Cost of the Agency's fixture, equipment and goodwill appraisals. <br /> 5. Cost of the Agency's acquisition agent. <br /> B. Appraisals. The Agency shall hire an appraiser to complete appraisals to be <br /> used in the Agency's offers to owners pursuant to Government Code Section 7267.2 for the <br /> acquisition of each of the Acquisition Pazcels (the "Appraisals"). The Appraisals shall be <br /> conducted at the sole expense of IAC, provided that IAC has approved the portion of the Pre- <br /> Acquisition Budget covering the Appraisals. The Appraisals shall be completed by the Agency's <br /> appraiser within the time set forth in the Schedule of Performance. <br /> C. Meet and Confer. Ir�the event that any party identifies potential impediments <br /> to the feasibility of the IAC Project at any time during the term of this Agreement, the parties <br /> shall promptly meet and confer in good faith and use their best efforts to discuss and agree upon <br /> mutual approaches to overcoming such impediments ("Meet and Confer"). Either party may <br /> initiate a meeting for this purpose by notifying the other party in writing, in which event a <br /> meeting shall be held within ten(10) days. To the extent that either party determines that the <br /> City's participation is necessary to resolve any potential impediments or other related issues, the <br /> Agency may invite the City's participation. <br /> D. IAC's Election to Proceed. Notwithstanding any other provision in this <br /> Agreement, no later than the time set forth in Section 108(E) for delivery of the Shared <br /> - Infrastructure Security, IAC may (i) terminate this Agreement in�cordance with Section 809 of <br /> this Agreement by notifying the Agency in writing that it will not deliver the Shazed <br /> Infrastructure Security, or(ii) proceed with the IAC Project by delivering to the Agency the <br /> Shared Infrastructure Security (such delivery shall be deemed IAC's "Election to Proceed"). <br /> Failure to provide written notice that IAC elects to terminate this Agreement and failure to <br /> deliver the Shared Infrastructure Security within ten(10) days after the time period set forth in <br /> 8 <br /> 9627:83976.25 <br />
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