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Valley will pay the City an ~ount equal to the Judgment <br /> in condemnation prior to City paying such Judgment. <br /> <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 /> <br /> do 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 /> <br /> 5. MANAGEMENT OF LITIGATION <br /> <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 re.pect to <br /> <br />settlement offers. <br /> <br /> 6o PROJECT CONDITIONS <br /> Nothing herein shall lessen <br /> <br />any obligation of Valley <br /> <br />required as a condition of project approval or in any way <br />commit the City to any future actionsincluding but not <br />limited to Growth Management Approval, planning approvals, <br /> <br />existence of sewer capacity, etc. <br /> 7. ASSIG~IENT <br /> <br /> This Agreement cannot be assigned without approval <br />the City Council and <br />without City Council <br /> <br /> from <br />shall become null and void upon assignment <br />consent. <br /> <br /> -5- <br /> <br /> <br />