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Agmt01 Western Innisfree Ventures LLC
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Agmt01 Western Innisfree Ventures LLC
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Last modified
10/12/2006 5:01:24 PM
Creation date
1/20/2004 9:43:23 AM
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Agreement
Contractor Name
BHV Western Innisfree Ventures (predecessor-in-interest to On Broadway Redwood City, LLC)
PROJECT NAME
Downtown Retail Cinema & Parking Project, Disposition & Development Agmt (DDA)
RMP File Number
304
Date
1/29/2001
Reso Ref
RD 00-48, RD 01-61, 14140, 14141, 14733
MO Ref
01-16, 04-17, RD 04-02
Amendment
Yes
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impediments ("Meet and Confer"). Either party may initiate a meeting for this purpose by <br />notifying the other party in writing, in which event a meeting shall be held within five (5) days. <br />To the extent that either party determines that the City's participation is necessary to resolve any <br />potential impediments or other related issues, the Agency may invite the City's participation. <br /> <br /> §304 Development of Acquisition Budget <br /> <br /> Within one hundred eighty (180) days of the Effective Date of this Agreement, the <br />Agency and Developer shall work together to develop and agree upon an Acquisition Budget <br />(the "Acquisition Budget") which shall include: <br /> <br /> A. The purchase price for the real property, improvements, fixtures and equipment of <br />any and all portions of the Acquisition Parcels acquired by the Agency by direct purchase, <br />together with all costs and expenses incident to such purchase, including, but not limited to, <br />goodwill costs, appraisal, title and escrow costs. <br /> <br /> B. All costs and expenses of acquiring the Acquisition Parcels or any portion thereof <br />by eminent domain, including, but not limited to, filing fees, witness fees, court costs, deposits <br />necessary to obtain orders of prejudgment possession, satisfaction of judgment, severance <br />damages, loss of goodwill, pre-condemnation damages and attorneys' fees. <br /> <br /> C. All reasonable costs and expenses, if any, incurred by the Agency in connection <br />with the relocation of the occupants of the Acquisition Parcels pursuant to California <br />Government Code Section 7260 et seq. and applicable administrative regulations, and any <br />applicable Federal laws and regulations. <br /> <br /> D. Reasonable fees and expenses of the Agency attorneys and financial consultants, <br />the employment of which is reasonably necessary to effect the acquisition and assembly of the <br />Project Site, including but not limited to the preparation and implementation of agreements, <br />preparation and adoption of environmental documents, and the relocation of the occupants of the <br />Acquisition Parcels. <br /> <br /> E. Pre-Acquisition costs, including those set forth below, ("Pre-Acquisition Costs"): <br /> <br /> 1. Cost of appraisals to be used in the Agency's offers to owners pursuant to <br />Government Code Section 7267.2 for the acquisition of each of the Acquisition Parcels (the <br />"Appraisals"). <br /> <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 associated with <br />obtaining rights of entry hereunder. <br /> <br /> 3. Consultant costs for data collection, interviews with displaced persons, <br />relocation needs assessment, preparation of a relocation plan for tenants, if any, of the <br />Acquisition Parcels. <br /> <br /> 4. Cost of the Agency's environmental consultants. <br /> <br /> 8 <br />DOCSSFl:648942.4 <br />9975-5 C14 <br />120502 <br /> <br /> <br />
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