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Engineezrz~, has offered the City temporary acce~s via s! <br /> <br />Right-of-Entry to allow construction to begin in advarlce o'f <br />final approvals, subject to numner{}t~s conditions. <br /> <br /> E. Pr~dential has volunteez-ed to accept all risks <br /> <br />associated with the City's utilizing the Rip~ht---o~--Entry, as <br /> <br />conditioned, to begin construction on Stoneridge Drive and <br />Santa Rite Road in advance of securin% permanent easements. <br /> <br /> I'ttE PARTIES HEREBY AGREE AS FOLLOWS: <br /> <br /> 1. Prudential shall comply with all the terms and <br /> <br />conditions contained in the June 24, 1983, letter agreement <br />submitted by Joseph Duncan, Acting Chief, Real Estate Division <br />of the U. S. Army Corps of Engineers, attached hereto as <br />Exhibit A and incoraorated herein by this refere~ce, in the <br />construction of the Stoneridge Drive and Santa Rita Road <br />improvements across the lands of the U. S. Government referenced <br />in the above-described letter agreement. <br /> <br /> 2. In particular, Prudential agrees to accept all risk, <br />cost, and liability occasioned by conditions "b" and "c" of <br /> <br />said letter agreement, <br />harmless City from any <br />snands and agrees that <br /> <br />includiDg indemnifying and holding <br /> <br />and all liability. Prudential under- <br />any snd all costs ~ncurred by Prudential <br /> <br />which '~,lould not have been incurred had Prudential waited for <br />the final easement instruments to be neKotiated, including <br />all costs associated with cer~,oval of ~mprovements and <br />recoL-~srruchion of the road~lyav in an alternative ]ocatioa or <br />conf~l.~ration, should that Drove necessary, riley not be <br />re!~;bu~'s~ble ss pa~t of any assesstudent district wh~.ch r~ay be <br /> <br /> <br />