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THE PARTIES HEREBY AGREE AS FOLLOWS: <br /> <br /> 1. The City shall use its best efforts, including use of <br />its power of eminent domain and right to immediate possession, to <br />acquire all those rights-of-way and other interests necessary <br />for the Pimlico Drive relocation and widening, as those interests <br />are finally determined prior to construction, and for the Santa <br />Rita Koad interchange improvements to be located in the southeast <br />quadrant of the interchange of Santa Rita Road with Interstate <br />Freeway 580. <br /> <br /> 2. Prudential shall pay for all costs reasonably necessary <br />for the acquisition of the above-referenced rights-of-way and <br />other interests. <br /> <br /> (a) Prudential shall advance to City, within fifteen <br /> <br /> (15) calendar days after receipt of a written <br /> request from the City, funds reasonably necessary <br /> to secure the immediate possession of the interests <br /> to be acquired pursuant to any eminent domain <br /> action undertaken by City. <br /> <br /> (b) Prudential shall reimburse City for all costs <br /> incurred by City pursuant to any eminent domain <br /> action settlement agreement, or any other action <br /> undertaken by City. City shall bill Prudential by <br /> invoice for reimbursement on a periodic basis as <br /> City incurs costs. Reimbursement payments shall <br /> be due and payable to City thirty (30) days from <br /> the date of invoice. <br /> <br /> (c) In the event of agreement for acquisition of the <br /> necessary rights-of-way or other interests with <br /> <br /> <br />