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activities undertaken in accordance with the Acquisition Budget as authorized by Shea pursuant to Section 304 (but not including the land acquisition costs of Acquisition Parcels or to satisfy written offers for the Acquisition Pamels). Agency shall notify Shea, in writing, of all amounts paid by Agency from the Revolving Fund, and shall provide Shea with appropriate backup information upon request. Agency shall further notify Shea when the Revolving Fund requires replenishment, to enable Agency to make the payments authorized hereunder. In such event, Shea shall deposit the required additional funds within seven (7) days after receipt of such request. At not time shall the amount in the Revolving Fund exceed a total of Twenty Thousand Dollars ($20,000). B. Agency's Acquisition by Eminent Domain Following Adoption of Resolutions of Necessity. Agency agrees that if it is unable to acquire the Acquisition Parcels or any portion thereof by negotiation within the time set forth in the Schedule of Performance, it shall consider adopting one or more Resolutions of Necessity for acquisition of the Acquisition Parcels or applicable portions thereof by eminent domain. Agency shall be the sole and exclusive authority to determine whether or not to adopt a Resolution of Necessity, and such authority shall be executed only in accordance with the provisions of the eminent domain laws of the State of California and afier due notice and heating. If Agency elects to adopt one or more Resolutions of Necessity for acquisition of the Acquisition Parcels after due notice and hearing, Agency shall proceed promptly to acquire the Acquisition Parcels by eminent domain. In accordance with the Schedule of Performance, the Executive Director shall call upon the Letters of Credit, use the Cash Deposit or use the Cash Substitution to fund the acquisition of the remaining Acquisition Parcels by eminent domain, to the extent such Letters of Credit or Cash Deposit remain or Shea elects to use the Cash Substitution after Agency's acquisition process set forth in Section 309(A). Funds for the Total Acquisition Costs, including, but not limited to Excess Acquisition Costs, shall be advanced to Agency no later than fifteen (15) days after an eminent domain judgment is entered as to any particular Acquisition Parcel in order to allow Agency, should it become necessary, to abandon the acquisition in accordance with the abandonment procedures set forth in the California Code of Civil Procedure Section 1268.510. If the Cash Deposit or Letter of Credit designated for such parcel or the amount deposited into court in c,:mnection with an action in eminent domain exceeds the condemnation award, then the monies remaining in such Letter of Credit or Cash Deposit shall be retumed to Shea and the monies deposited with the court in excess of the condemnation award shall be repaid as rapidly as the release of said amounts from the court can reasonably be effected. If any Agency motion to abandon an eminent domain proceeding is set aside and the final judgment in such proceeding exceeds the amount remaining in the Cash Deposit or Letter of Credit designated for such parcel, Shea shall fund such costs as an Excess Acquisition Cost within fifteen (15) days of such judgment. Shea acknowledges that discretion is vested in Agency to determine whether or not the statutory conditions set forth in Code of Civil Procedure Section 1245.230 are met in order to entitle a governmental agency to adopt a Resolution of Necessity. If Agency 14 wc-21875