Private Parcels. Adjacent to the Agency Parcels and City Parcels, are two privately-owned parcels of real property located at (i) 0000 Xxxx Xxxxxx, currently occupied by Yoli’s Flowers, APN 0000-000-000; and (ii) 0000 Xxxx Xxxxxx, currently occupied by Guadalajara Inn Restaurant, APN 0000-000-000 (collectively “Private Parcels”), which two Private Parcels are legally described in Attachment A-3 hereto and for which it is Developer’s sole responsibility to acquire site control over. This Agreement only pertains to the disposition of the City Parcels. The Agency Parcels will be sold to Developer pursuant to a separate Agency DDA. Developer shall be solely responsible for attempting to obtain “Site Control” (as defined in Section 222 hereof) over the Private Parcels in order to assemble them into the Site. If Developer is unable to secure Site Control over the Private Parcels, then the Project shall proceed pursuant to either (i) the Reduced Site Alternative (Attachment B-2 hereto), or (ii) the Small Site Alternative (Attachment B-3).
Private Parcels. Identification of any Private Parcels in the Major Phase, and a summary of the acquisition documents through which Developer has acquired or has rights to acquire the Private Parcels.
Private Parcels. Developer shall use commercially reasonable efforts to promptly obtain fee simple title, at commercially reasonable prices, to all Private Parcels, and shall keep the Agency reasonably informed of its efforts. If Developer has not acquired, or obtained the right to acquire, all Private Parcels within a Major Phase, then Developer shall give the Agency a written summary of Developer’s efforts to acquire the Private Parcels as part of the applicable Major Phase Application. If Developer does not extend the Outside Date for submission of the Major Phase Application as permitted in this DDA, Developer shall include in the Major Phase Application proposed adjustments to the Project applicable to such Major Phase and any proposed adjustments to the size and distribution of Associated Public Benefits and other community benefits within the Major Phase. Thereafter, the Agency staff and Developer shall work together in good faith to determine how best to implement the Redevelopment Requirements in light of the unavailability of the Private Parcels. The Parties acknowledge and agree that the proposed adjustments to the Project to be developed under this DDA, including the Associated Public Benefits and other community benefits, should be minimized to the extent feasible and be designed so as to maintain the benefit of the bargain for both Parties under this DDA. So long as the Parties continue to work together to negotiate proposed adjustments as set forth above, any delay caused thereby shall be deemed to be Excusable Delay, but not to exceed twelve (12) months. The Agency Commission shall give or deny Approval of the Major Phase Application, as adjusted to remove the Private Parcels, in the manner and according to the standards set forth in the DRDAP. However, if the proposed changes to the Project require additional environmental analysis and review under applicable law, then (i) the Agency shall not finally consider the proposed changes until the completion of such environmental analysis and review and (ii) the Agency shall have the right to approve or reject the proposed changes in its sole discretion as and to the extent required by law.
Private Parcels. The term “
Private Parcels. There are several Private Parcels within and outside of the Project Site, including those shown in Exhibit A-A. The Agency’s and Developer’s obligations related to such Private Parcels are set forth in Section 3.5. Any Private Parcel acquired by Developer shall be subject to all of the terms of this DDA, except that
Private Parcels. Adjacent to the Agency Parcels and City Parcels, are two privately-owned parcels of real property located at (i) 0000 Xxxx Xxxxxx, currently occupied by Yoli’s Flowers, APN 0000-000-000; and (ii) 0000 Xxxx Xxxxxx, currently occupied by Guadalajara Inn Restaurant, APN 0000-000-000 (collectively “Private Properties”), which two Private Parcels are legally described in Attachment A-3 hereto and over which it is Developer’s sole responsibility to acquire Site Control, depending upon, or as appropriate to, the Project Alternative elected (as described below).
Private Parcels. There are several Private Parcels within and outside of the Project Site, including those shown in Exhibit A-A. The Agency’s and Developer’s obligations related to such Private Parcels are set forth in Section 3.5. Any Private Parcel acquired by Developer shall be subject to all of the terms of this DDA, except that (i) there will be no Reversionary Quitclaim Deed and the Agency shall not have any of the rights set forth in Section 16.5 with respect to such Private Parcel, (ii) the provisions of Article 10 shall not apply to such Private Parcel and (iii) except to the extent required under the CP/HPS Subdivision Code, no Adequate Security shall be required for such Private Parcel. Nothing in this DDA shall prohibit the Agency from entering into an owner participation agreement with the owner of a Private Parcel, although any such owner participation agreement shall be consistent with the Redevelopment Requirements.
