2010-05-17 Regular City Council Agenda

Home Browse Search

3.2.2 Acquisition by Condemnation. (a) If the Developer determines that condemnation is required to acquire title to the King’s Day Care Property or to clear title to any public or private easements, leasehold interests or other rights-of-way, or in the event of a breach of contract by one of the sellers under contract of any portion of the Property, the Developer shall notify the City, in writing, that the City should initiate condemnation proceedings to acquire such parcel or parcels of the Property or interest therein at the sole expense of the Developer.On receipt of such notice and in compliance with the provisions set forth herein, the City shall effect notice of intent to condemn and initiate the requisite litigation. The City shall convey legal title to any real property acquired by condemnation pursuant to this Agreement by special warranty deed to the Developer. (b) As a condition to the City’s use of condemnation, the Developer shall (1) provide evidence that all jurisdictional and statutory prerequisites necessary for the initiation of such litigation have been satisfied, including the requirement to negotiate in the City’s name in good faith, and (2) provide the City, acting through the City Attorney, the right to inspect any documentation relating to the Developer’s efforts to acquire the parcel or parcels of the Property which are to be part of the proceeding and to set reasonable requirements regarding further documentation from the Developer. (c) Subject to the foregoing, the City shall, within 60 days after the Developer’s request, effect the aforesaid notice, and thereafter, the City shall initiate the condemnation litigation as allowed by law Except as otherwise provided in this Agreement or as may be provided by law, the Developer, as the City’s agent, shall control all condemnation proceedings, including the selection of attorneys and other professionals and shall diligently prosecute all such proceedings. The City agrees to cooperate in such proceedings and to execute all pleadings and other documents that may be necessary and/or required during the prosecution of such proceedings. During the condemnation proceedings, the Developer agrees to consult with the City regarding recommendations by consultants to the Developer as to the fair settlement value of each such case. Advice and consultation with the City shall continue throughout such proceedings. The City shall, upon initiation of the condemnation proceedings, designate in writing to the Developer an individual who is authorized to represent the City in consultations with the Developer and its counsel. Upon the City’s request, the Developer shall provide copies of all pleadings and other documents filed or prepared in conjunction with the prosecution of the condemnation proceedings for the City’s inspection. The Developer shall pay all costs reasonably incurred by the City in connection with any condemnation action. (d) Within 30 days after the filing of any report of commissioners’ award, the Developer shall either (1) notify the City that it is terminating this Agreement, (2) settle the proceeding, or (3) pay the amount of any commissioners’ award issued in conjunction with any such condemnation proceeding either directly to the Clerk of the Circuit Court or to the City for payment of such commissioners’ award by the City to the Clerk of the Circuit Court, which payment the City agrees to immediately make to the Clerk. Notwithstanding the foregoing, if the Developer requests that the City terminate any condemnation proceeding to effect a settlement of any such proceeding, this Agreement shall continue and the City and the Developer shall continue to diligently prosecute any other condemnation proceedings pending at such time. (e) All costs incurred by the Developer pursuant to this subsection shall constitute Exhibit C Reimbursable Redevelopment Project Costs to the extent provided in .