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pursuant to the Eminent Domain Law, in order to acquire one or more portions of the Offsite Property through the exercise of the City's power of eminent domain. Following such public hearing,the City will determine, in its sole and absolute discretion,whether or not to adopt the resolution(s)of necessity and to proceed with eminent domain. If the City adopts a resolution of necessity for any of the Offsite Property,then the City shall proceed diligently to: (1)file condemnation actions for those portions of the Offsite Property subject to the resolutions and exercise due diligence and best efforts in its prosecution to final judgment of such condemnation actions; (2)apply for and use its best efforts to obtain orders for possession to take possession of the applicable portions of the Offsite Property pursuant to the Eminent Domain Law; and(3)following procurement of orders of possession for any portion of the Offsite Property for which a resolution of necessity was adopted,diligently pursue the eminent domain actions until the final judgment is rendered. Subdivider acknowledges that the City has absolute discretion in determining whether or not it should adopt a resolution of necessity with regard to any portion of the Offsite Property, and, therefore agrees that nothing in this Agreement shall obligate the City to adopt a resolution of necessity with respect to all or any portion of the Offsite Property or subject the City to liability for the failure of the City to adopt such resolution. If the City exercises its eminent domain authority, Subdivider shall pay all costs associated with such acquisition or condemnation proceedings including but not limited to attorneys' fees, expert witness fees,and jury awards of any kind. At such time that the Subdivider requests the City to initiate and pursue acquisition of the Offsite Property, Subdivider shall present to the City and file with the City Clerk,a cash deposit in the amount of$15,000 to be deposited in a separate account and to be used to pay for the City's acquisition and condemnation costs. If the deposit is insufficient to cover the cost of the City's acquisition and condemnation costs, Subdivider shall pay the difference between the initial payment and the actual cost within 14 days of the City's notification. C. This Agreement is intended to serve as the agreement referred to in subdivision (c)of Government Code section 66462.5. 4. Inspection. City shall inspect all of said work through an inspector employed by City at the cost and expense of Subdivider and Subdivider shall pay City the cost of such inspection as fixed by Ordinance. The City Engineer has tentatively fixed the inspection costs due upon execution of this Agreement as follows: $213,537 5. Soils Report. Subdivider has provided a preliminary soils report as required by Government Code §§66490 et. seq. Said data was compiled by a qualified soils testing engineer without expense to the City. 6. Plans. All of said work shall be done and materials furnished in strict accordance with the approved plans for said tract filed with the City Engineer, and in accordance with the Subdivision Agreement Tract 8245—Meritage of California,Inc. Page 3 of 8