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Valley will pay the City an amount equal to the Judgment <br />in condemnation prior to City paying such .Judgment. <br />c. Valley will be required to provide a surety <br />bond or other security satisfactory to the City Attorney <br />to assure completion of street improvements prior to <br />the City obtaining an Order of Immediate Possession. <br />d. Valley will enter a maintenance agreement with <br />the City at the time the public street is accepted by <br />City Council which will provide for reimbursement to <br />the City of maintenance costs on the subject street and <br />which shall be binding on successors in interest on the <br />Project Site. <br />5. MANAGEMENT OF LITIGATION <br />The City Attorney shall control and supervise the <br />action in eminent domain. The City Attorney may in his <br />discretion select outside counsel to pursue this action. <br />The City Attorney will consult with Valley regarding the <br />course of the litigation, particularly with respect to <br />settlement offers. <br />6. PROJECT CONDITIOPIS <br />Nothing herein shall lessen any obligation of Valley <br />required as a condition of project approval or in any way <br />commit the City to any future actions including but not <br />limited to Growth. Management Approval, planning approvals, <br />existence of sewer capacity, etc. <br />7. ASSIGNMENT <br />This Agreement cannot be assigned without approval from <br />the City Council and shall become null and void upon assignment <br />without City Council consent. <br />-5- <br />