Agenda - Council - 01/04/2005 - Special

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15. TERMENATION This Agreement may be terminated by either party at any time, with our without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two (2) days after marling. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The County shall pay its pro rata share of costs which the City incurred prior to such notice of termination. 16. RIGHT OF WAY The City shall acquire the majority of the right of way needed for this project as part of their development process. The City shall notify the County of any right of way needs not acquired thro(tgh the City process a minimum of 12 months prior to the need for said fight of way. The County then shall acquire said fight of way, form private property owners, that is required for the construction of the County Highway improvements through either direct purchase or condemnation. The City shall reimburse the County all costs incurred by the County in acquiring the necessary parcels. Reimbursable costs include, but are not limited to, the purchase price, recording fees, appraisal fees, attorney fees, and all costs incurred by the County in acquiring the parcels through eminent domain (hereina2er collectively referred to as "Land Acquisition Costs"). These costs shall not include County staff time. Upon written demand by the County, the City shall pay to the County the appraised value portion of the Land Acquisition Costs. Upon final completion of the each parcel acquisition, the City shall pay for all remaining Land Acquisition Costs within 30 days after receipt of an invoice from the County documenting the expenses incurred. As part of this project, the City will acquire ail necessary fight of way. After constrUction has been completed, the City shall convey the property acquired to widen/improve the county highways by warranty deed to the County. I7. SIGNALIZATION POWER The City shall at their sole expense, install or cause the installation of an adequate electrical power source to the service cabinet for all signalized intersections including any necessary extension of power lines. The City shall be the lead agency in this matter. Upon completion of said traffic control signal installations, the ongoing cost of the electrical power to the signal shall be the sole cost and expense of the 14