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Agreement No. PW 52-08-96 <br />CSAH 15; C.P. 9222 <br />The City agrees to grant right of way to the County over those lands <br />owned by the City that are a part of the required right of way for said <br />Project. Said right o^ way shall be granted at no cost to the County. <br />The County or its agent: will acquire all additional right of way, <br />permits and/or easements required for the construction of said Project. The <br />final cost of all additional right of way, permits and/or easements required <br />for the construction of said Project plus all costs incurred by the County in <br />acquiring said right of way, permits and/or easements shall be apportioned <br />fifty (50) percent to the County and fifty (50) percent to the City. <br />The right of way costs incurred as described herein shall include all <br />acquisition costs including, but not limited to, any and all damages occurring <br />to any person or persons, including private utilities, in relocating or <br />removing or adjusting main conduits or other structures located in or upon the <br />land taken and within the present right of way; or damage in procuring such <br />right of way, whether such damage is caused by the County or the City in the <br />performance of such contract with respect to the improvement of CSAH No. 15 as <br />shown on the plans for said Project. <br />Damages, as used in this section, pertains to acquisition costs allowed <br />by Minnesota Statute Chapter 117 and does not abrogate the meaning of the <br />language set forth in Section XIV of this Agreement. <br />The County will periodically, as parcels are acquired, prepare and submit <br />to the City itemized invoices showing right of way and acquisition costs <br />incurred by the County. The City’s share of said costs shall become due and <br />payable within forty five (45) days after receipt of said invoice. <br />The estimated right of way expenses described herein are indicated in <br />said Exhibit "A" attached hereto. <br />The City shall reimburse the County for its share in the construction <br />costs of the contract work for said Project. The total final contract <br />construction costs shall be apportioned as set forth in the attached Division <br />of Cost in said Exhibit "A". It is understood that the Engineer’s Estimate <br />referred to on Page 1 of this Agreement is an estimate of the construction <br />- 3 -