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1.24.090 Any eminent domain proceedings to ac- area by any lawful means, including eminent quire property within the project area shall be domain. Notwithstanding the foregoing to the commenced not later than July 5, 2009. Such contrary, the agency is authorized to acquire time limitation may be extended only by any real property in the project area irrespec- aniendment to this plan. tive of the terms of an owner participation The agency is not authorized by law to ac- agreement. if such property, in the sole and quire real property owned by public bodies exclusive determination of the agency, is (1) which do not consent to such acquisition. The necessary for effective redevelopment ofadja- agency is authorized, however, to acquire cent property acquired by the agency or in- public property if it becomes private property tended to be acquired by the agency, or (2) by being transferred by deed, lease or other- necessary for vehicular access to adjacent wise to private ownership or control before properties, public rights of way, public utili- the agency completes land disposition within ties and services, proper traffic and pedestrian the entire project area if the agency and the circulation or other public purposes. private owner do not enter into a participation B. Disposal of Agency Property. The agreement. agency shall dispose of all property acquired Except as provided herein, the agency shall by it through sale or lease, except property not acquire real property to be retained by an conveyed by the agency to the city of San owner pursuant to a participation agreement if Leandro. the owner fully performs under the agreement. All such agency property shall be disposed The agency is authorized to acquire structures of in accordance with the provisions and ob- without acquiring the land upon which those jectives of this plan. The sale, lease or con - structures are located. The agency is also au- veyance by agreement of agency property thorized to acquire any other interest in real shall include provisions for the retention of property less than a fee. controls. and the establishment of any restric- The agency shall not acquire real property tions or covenants running with the land sold, on which an existing building is to be contin- leased or conveyed for private use for such ued on its present site and in its present form periods of time and under such conditions as and use without the consent of the owner. the agency deems necessary to carry out this unless: (1) such building requires structural plan. alteration, improvement, modernization or C. City Participation. The city of San rehabilitation: or (2) the site or lot on which Leandro may expend funds to undertake and the building is situated requires modification complete any proceedings necessary to carry in size, shape or use: or (3) it is necessary to out this plan. impose upon such property any of the stan- D. Payments to Other Taxing Agencies. In dards. restrictions and controls of the plan and any year during which it owns property in the the owner fails or refuses to participate in the project area. the agency is authorized. but not plan by executing a participation agreement. required. to pay directly to any city, county. Generally, personal property shall not be city and county, district. including, but not acquired. However, where necessary in the limited to, a school district. or other public execution of this plan, the agency is author- corporation for whose benefit a tax would ized to acquire personal property in the project have been levied upon such property had it (San Leandro Redevelopment Agency Supp. No. 1, 10-04) 28