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AGREEMENT <br />BETWEEN <br />THE CITY OF PRESCOTT AND CHAMBERLAIN DEVELOPMENT <br />THIS AGREEMENT, made and entered into this 254day of [A-1 <br />201 8, by and between the City of Prescott, a municipal corporation of the State of Arizona, <br />("City"), and Chamberlain Development, L.L.C., an Arizona limited liability company <br />("Chamberlain Development"). <br />WITNESSETH <br />WHEREAS, City has filed an application for transportation and utility systems on <br />federal lands ("roadway") with the United States Department of Interior Bureau of Land <br />Management (BLM) for BLM property generally located north of Pioneer Parkway and <br />north-westerly of Commerce Drive; and, <br />WHEREAS, Chamberlain Development plans to develop its property north of the <br />BLM land that is the subject of the City's BLM application; and, <br />WHEREAS, Chamberlain Development needs access to its property through BLM <br />land; and, <br />WHEREAS, the City is seeking reimbursement for its BLM application costs, <br />which are currently estimated to be $98,491.00 per the draft Cost Reimbursement <br />Agreement between the City and BLM, which draft Cost Reimbursement Agreement is <br />attached hereto and incorporated herein by reference as Exhibit "A"; and, <br />WHEREAS, Chamberlain Development will be required to reimburse the City the <br />actual amount paid for the BLM application, whether that amount is more or less than the <br />application estimates identified in the previous recital; and, <br />WHEREAS, Chamberlain Development is ready, willing and able to reimburse the <br />City its actual BLM application costs; and, <br />WHEREAS, Chamberlain Development will be responsible for contracting for any <br />required National Environmental Policy Act ("NEPA") studies regarding its proposed <br />roadway construction in the right-of-way easement on BLM lands; and, <br />WHEREAS, Chamberlain Development will be responsible for contracting for any <br />required Cultural and Biological Resources Inventory Reports regarding its proposed <br />roadway construction in the right-of-way easement on BLM lands; and, <br />WHEREAS, Chamberlain Development will build a roadway to serve the <br />anticipated development to City of Prescott standards on the right-of-way easement; and, <br />WHEREAS, upon acceptance of the roadway by the City, the roadway will be <br />maintained in perpetuity by the City and used as a public roadway; and, <br />