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G. Valley has been negotiating in good faith with the <br />owner of the Access Driveway to acquire said parcel, but has <br />not been successful in this effort. <br />H. The City Council has determined that the public <br />interest in good planning and design practice requires that <br />further action be taken to assure permanent vehicular access <br />to Santa Rita Road substantially as shown on the development <br />plan for PUD-83-1. <br />NOW, THEREFORE, City and Valley agree as follows: <br />1. FURTHER NEGOTIATIONS <br />Valley will continue to negotiate in good faith with <br />the owner of the Access Driveway for a period of at least <br />three weeks. If said negotiations are at an impasse after <br />that time, Valley may notify the City Attorney that an <br />impasse has been reached. <br />2. INITIATION OF EP'iINENT DOT~AIN <br />Upon reaching an impasse in its negotiations for purchase <br />of the Access Driveway, Valley may so notify the City Attorney. <br />Upon notification, the City Attorney or his designee shall <br />initiate the local agency procedures leading up to City <br />Council consideration of a Resolution of Necessity. At that <br />time, the City Council will determine whether to proceed <br />with an action in eminent domain to acquire and improve the <br />Access Driveway as a public street. <br />3. STREET IMPROVEMENT <br />In conjunction with the first phase of the project, but <br />in no event later than five (5) years from the adoption of a <br />Resolution of Necessity, Valley shall cause improvement <br />-3- <br />