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Agmt99 Shea Homes
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Agmt99 Shea Homes
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Last modified
6/21/2016 9:43:00 AM
Creation date
9/8/2003 1:16:13 PM
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Agreement
Contractor Name
Shea Homes Limited Partnership
PROJECT NAME
DDA - Disposition and Development Franklin Street Project
RMP File Number
100
Date
10/28/1999
Reso Ref
RD-99-31
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fails to commence all eminent domain proceedings for all of the Acquisition Parcels prior <br />to January 18, 2002 or by such date as otherwise extended by Agency pursuant to an <br />amendment of the Redevelopment Plan, or if Agency otherwise fails to adopt all <br />Resolutions of Necessity for all of the Acquisition Parcels within the time set forth in the <br />Schedule of Performance, Shea shall have the right to terminate this Agreement pursuant <br />to Section 807 hereof. For purposes of this Section 309 (B), and notwithstanding Code of <br />Civil Procedure Section 1250.110, "commencement of all eminent domain proceedings" <br />shall mean adoption of Resolutions of Necessity for the Acquisition Parcels to be <br />acquired by eminent domain. Agency and Shea shall consult with each other as to the <br />timing of each such acquisition as contemplated by this Agreement. <br /> <br /> C. Agency Diligence. In accordance with the Schedule of Performance, <br />and in preparation for the acquisition of the Acquisition Parcels as contemplated in <br />Sections 309(A) and 309(B) above, Agency shall commence and proceed diligently to <br />obtain with respect to the Acquisition Parc'41s, as soon as reasonably possible, rights of <br />entry, Orders for Possession, actual possession and acquisition of title. <br /> <br /> §310 Relocation <br /> <br /> Agency acknowledges that the Shea Project is an important element of Agency's <br />efforts to implement the Redevelopment Plan, and that to further the goals and objectives <br />of the Redevelopment Plan, Agency may need to acquire the Acquisition Parcels by girl, <br />devise, exchange, purchase, eminent domain, or any other lawful method. In furtherance <br />of the Redevelopment Plan, Agency has determined that the exercise of its eminent <br />domain authority to acquire the Acquisition Parcels will not cause a substantial number <br />of low and moderate income families to be displaced by the Shea Project. <br /> <br /> Agency shall relocate at Shea's expense, all persons and property on the <br />Acquisition Parcels in accordance with all legal requirements. Such relocation shall be <br />accomplished in order to allow Agency to convey the Acquisition Parcels to Shea by the <br />date set forth in the Schedule of Performance. <br /> <br /> §311 Conveyance of Title and Delivery of Possession <br /> <br /> Conveyance to Shea of title to the Acquisition Parcels, or delivery of possession <br />thereof in accordance with Section 31 I(A) through (E) hereof, shall be completed a~er <br />the termination of the Due Diligence Period and the delivery by Shea of its Election to <br />Fund and as set forth more specifically in the Schedule of Performance. The Schedule of <br />Performance shall be subject to revision fi-om time to time as mutually agreed upon in <br />writing between Shea and Agency. Agency and Shea agree to perform all acts necessary <br />for the timely conveyance of title and delivery of possession under this Agreement in <br />accordance with the Schedule of Performance. <br /> <br /> Possession shall be delivered to Shea not later than the conveyance of title. If <br />Shea makes its Election to Proceed in accordance with Section 303(E) and its Election to <br />Fund in accordance with Section 304 and this Agreement has not been terminated <br />pursuant to Article 8, then Shea shall accept title and possession in accordance with the <br />Schedule of Performance. <br /> <br /> If, at or prior to the time set forth in the Schedule of Performance for conveyance <br />of the Acquisition Parcels, Agency has not obtained title to one or more Acquisition <br /> <br /> 15 <br />wc-21875 <br /> <br /> <br />
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