If the Subdivider is required by the Plans or Plan Documents to construct off-site improvements on land which the Subdivider or his predecessor in interest did not own or have sufficient title or interest at the time the tentative or final map is filed, and in which neither the subdivider nor the City has sufficient title or interest to allow construction, the City shall, within 120 days of recording the Final Map that triggers the off-site improvement requirement, acquire by negotiation or commence condemnation of the land. If the City fails to meet the 120-day time limit, the condition for the construction shall be waived. Prior to approval of the Final Map, the City may require the subdivider to enter into an agreement to complete the off-site improvements at the time the City acquires title or an interest in the land in accordance with the Plans. The subdivider shall pay to the City, and/or to a third party at the City’s direction, all of the cost of acquiring off-site land or an interest in the land (including all costs preparatory to or incurred as a result of a proceeding in eminent domain) required to construct the off-site improvements, in accordance with the Plans and Plan Documents.
(Added by Ord. 329-98, App. 10/30/98)