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e. At no time shall the demolition, construction, or development of the <br />RELOCATION SITE by ROSALES AND GONZALES interfere with or otherwise <br />impair the activities of CITY'S Bristol Street Widening Project, which is expected <br />to be in progress, immediately adjacent to the RELOCATION SITE, during the <br />development of the RELOCATION SITE. ROSALES AND GONZALES shall <br />have the affirmative obligation to coordinate with CITY regarding any activities <br />during development of the RELOCATION SITE that will or have potential to <br />interfere with such project. CITY agrees to make the necessary City staff available <br />to meet with ROSALES and GONZALES upon reasonable request to facilitate the <br />construction and coordination of the CITY's Project and the construction of the <br />RELOCATION SITE. <br />f The penalty provision contained in paragraph 2.d above will be of no force and <br />effect at the moment in time when ROSALES AND GONZALES receive <br />inspection approval by the City Building Inspector for all work related to the <br />proposed building foundations and rough grading of the RELOCATION SITE. <br />3. Condemnation: CITY and ROSALES AND GONZALES acknowledge that this <br />transaction is a negotiated settlement in lieu of CITY exercising its power of eminent domain. <br />CITY and ROSALES AND GONZALES further acknowledge that CITY is acquiring the <br />DENTIST PROPERTY and OPTOMETRIST PROPERTY set forth herein under the threat <br />of the power of eminent domain. CITY and ROSALES and GONZALES agree that the <br />acquisition of the RELOCATION SITE is a component of the negotiated settlement of the CITY's <br />exercise of the power of eminent domain and ROSALES and GONZALES shall in their own <br />discretion be entitled to determine the tax treatment of the same subject to their own discretion. <br />4535406.1--N1475.1� <br />