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<br />and fees above $20 Million Dollars ($20,000,000) shall be equally shared by the parties <br /> <br />on a 50%/50% pro rata basis. The School Board agrees to file the eminent domain <br /> <br />petition with the circuit court to acquire the Subject Site upon completion of all required <br /> <br />pre-suit investigations and will proceed expeditiously and shall file the petitions by or <br /> <br />before March 31, 2006. The School Board further agrees to provide copies of all <br /> <br />notices and pleadings to the City Attorney. The School Board and the City represent <br /> <br />and warrant that they will or have allocated sufficient funds to acquire the Subject Site. <br /> <br />Section 5. Facilities Fundinq, Construction. and Proiect Descriptions. The <br /> <br />School Board agrees to use its best efforts to commence construction of the K-8 <br /> <br />Center public school no later than June 2007. The School Board further agrees to <br /> <br />complete construction of the K-8 Center by the August 2008 school opening in <br /> <br />accordance with the School Board's Five-Year Capital Plan, unless the parties mutually <br /> <br />agree on a different time. The School Board shall construct the K-8 public school on <br /> <br />the Subject Site in conformance with the State Uniform Building Code for Public <br /> <br />Educational Facilities and all other applicable laws and regulations. The school shall <br /> <br />be designed in accordance with the School Board's design criteria, plan review and <br /> <br />inspection process. The cost of said design and construction shall be paid by the <br /> <br />School Board. The School Board agrees to engage the City's staff in the design <br /> <br />process and to present the design plans for the proposed school to the City <br /> <br />Commission at a public meeting before the commencement of construction. A set of <br /> <br />the design and construction plans shall be provided to the City at least five (5) days <br /> <br />prior to the public meeting. The School Board represents and warrants that it has <br /> <br />allocated sufficient funds to construct the K-8 public school. <br /> <br />Page 5 of 11 <br />