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11
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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062122
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6/17/2022 8:15:28 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/21/2022
DESTRUCT DATE
15Y
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Section 3.8 Arquisit_iQnof Required Right of Way. <br />(a) Following the approval of the design of the Project Improvements by the <br />City Engineer, the City will specify the Project Right of Way and shall initiate and diligently <br />pursue acquisition of the Project Right of Way. To the extent that the City is unable to acquire <br />any of the Project Right of Way through a voluntary acquisition, the City agrees to make a good <br />faith effort to schedule a hearing for the purpose of considering a resolution of necessity <br />authorizing the use of the City's eminent domain authority, pursuant to the Eminent Domain <br />Law, in order to acquire one or more portions of the Project Right of Way through the exercise <br />of the City's power of eminent domain. Following such public hearing, the City will determine, <br />in its sole and absolute discretion, whether or not to adopt the resolution(s) of necessity and to <br />proceed with eminent domain. <br />if the City adopts a resolution of necessity for any of the Project Right of Way, then the <br />City shall proceed diligently to: (1) file condemnation actions for those portions of the Project <br />Right of Way subject to the resolutions and exercise due diligence and best efforts in its <br />prosecution to final judgment of such condemnation actions; (2) apply for and use its best efforts <br />to obtain orders for possession to take possession of the applicable portions of the Project Right <br />of Way pursuant to the Eminent Domain Law; and (3) following procurement of orders of <br />possession for any portion of the Project Right of Way for which a resolution of necessity was <br />adopted, diligently pursue the eminent domain actions until the final judgment is rendered. <br />(b) Costco acknowledges that the City has absolute discretion in determining <br />whether or not it should adopt a resolution of necessity with regard to any portion of the Project <br />Right of Way, and, therefore agrees that nothing in this Agreement shall obligate the City to <br />adopt a resolution of necessity with respect to all or any portion of the Project Right of Way or <br />subject the City to liability for the failure of the City to adopt such resolution. <br />(c) The City has adopted a Resolution of intent to adopt a transportation <br />mitigation fee on proposed development in the JDEDZ ("JDEDZ Transportation Fee"). If the <br />JDEDZ Transportation Fee is adopted, the City may also acquire portions of the Project Right of <br />Way from other property owners in the JDEDZ in exchange for a fee credit against their <br />obligations to pay the JDEDZ Transportation Fee. In such an event, Costco shall not be <br />obligated to reimburse the City for any portion of the JDEDZ Transportation Fee credit granted <br />by the City. For the avoidance of doubt, Costco shall not be obligated to reimburse the City for <br />any portion of the value of Project Right of Way that is dedicated to the City and for which the <br />City did not make a payment (and fee credits shall not be deemed a "payment" for which the <br />City is to be reimbursed) to the owner for such acquisition. <br />Section 3.9 Payment of Required Right of Way Costs. Within six (6) months <br />following the City's acceptance of the Project Improvements, the City shall submit to Costco a <br />cost certification of all Required Right of Way acquisition costs expended by the City, including <br />any costs incurred in exercising its powers of eminent domain. Costco shall pay the City fifty <br />percent (50%) of the amount expended by the City for Required Right of Way acquisition cost <br />within thirty (30) days following Costco's receipt of the City's cost certification ("Costco <br />Acquisition Costs"). If the City is required to incur additional City acquisition costs related to <br />1310 OIL118870.8 <br />?/7/2018 <br />
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