RDA Agmt 1996 Batarse Family Trust etc

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The conditions provided for in this Article Two shall be deemed satisfied by the date by which the particular condition is required to be satisfied, if the Developer does not provide notice to the Agency by the date provided herein that Developer has disapproved of such matter. 2.02 Agency Acquisition of the Property. • Promptly following the date of execution hereof by Developer, the Agency shall commence acquisition activities with respect to any portion of the Property that the Agency has not acquired or contracted to acquire. The Agency shall pay all costs related to the Agency's acquisition of the Property. Thereafter, the Agency shall meet its obligations pursuant to Government Code Sections 7267, 7267.1 and 7267.2, with respect to voluntary acquisition of those portions of the Property. If the Agency is unable to acquire fee title to any portion of the Property by voluntary acquisition, • the Agency shall promptly schedule a hearing on a resolution of necessity authorizing acquisition by exercise of the power of eminent domain. If the Agency adopts a • resolution of necessity for those portions of the Property it has been unable to acquire by voluntary acquisition, it shall proceed promptly to acquire by eminent domain. Developer acknowledges that the Agency has discretion in determining whether or not it should adopt a resolution of necessity and, therefore, agrees that nothing in this Agreement obligates the Agency to adopt a resolution of necessity with respect to any portion of the Property. If the Agency acquires the parcels which constitute the Property, or if the Agency is unable to acquire the Property by voluntary acquisition and adopts a resolution of necessity, obtains orders of possession, obtains rights of ways for the Property, and obtains title insurance under an order of possession, such events constitute satisfaction of the contingency of this Section 2.02. Agency's failure to • acquire the Property, or obtain orders of possession, by December 1, 1996, constitutes a failure to satisfy the condition of this Section 2.02. However, Developer may extend the deadline in Developer's discretion. • 2.03 Soils and Hazardous Waste Investigation and Remediation. • Agency shall complete all required soils and hazardous waste investigation, and mitigation, including, if necessary, removal of underground storage tanks, to obtain a letter of case closure from the Regional Water Quality Control Board. Disposition and Development Page 6 of 39 Agreement (Automall) 10/2/96