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ovmer Of <br />not been <br /> <br />H. <br />interest <br /> <br />Valley has been negotiating in good faith with the <br />the Access Driveway to acquire said parcel, but has <br /> <br />successful in this <br /> <br />The City Council has <br />in good planning and <br /> <br />effort. <br /> <br /> determined that <br /> design Practice <br /> <br />the public <br />requires that <br /> <br />further action be taken to assure Dermanent vehicular access <br />to Santa Rita Road substantially as shown on the development <br />Dlan for PUD-83-1. <br /> <br /> NOW, THEREFORE, City and Valley agree as follows: <br /> <br /> 1. FURTHER NEGOTIATIONS <br /> <br /> Valley will continue to negotiate in good faith with <br /> <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 /> <br /> 2. INITIATION OF EMINENT D~IN <br /> <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 /> <br />time, <br />with <br />Access <br /> <br />in no event later than five (.5) years <br />Resolution of Necessity, Valley shall <br /> <br /> the City Council will determine whether to Droceed <br /> an action in eminent domain to acquire. and improve the <br /> <br /> Driveway as a public street. <br /> <br />3. STREET IMPROVEMENT <br /> <br />In conjunction with the first phase of the project, but <br /> fro~ the adoption of a <br /> cause improvement <br /> <br />-3- <br /> <br /> <br />