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2) Construct trail between the extended limits of Queen Circle and Naples Street <br />3) Construct trail between Denver Street and Orono Road <br /> <br />3.4 Construction Oversight. During the Project, the City shall provide all necessary <br />construction engineering, construction surveying, and construction inspection. <br />3.5 Right of Way and Permits. The City will be responsible for acquiring and paying for all <br />land use rights necessary for the Project and shall be responsible for obtaining all necessary <br />permits and other approvals necessary for the construction of or otherwise associated with the <br />Project, including but not limited to all environmental permits such as SWPPP, TEP approvals, <br />and NPDES permit. <br />1) The County will grant the City a 17’ Permanent Trail Easement along the entire <br />southern border of Parcel ID 75-00844-0020 to facilitate the Project, as described <br />and shown on the attached Exhibit B. The County will also grant a Temporary <br />Construction Easement as described and shown on the attached Exhibit C. <br />2) The City shall pay to the County the sum of $5,173.47 as consideration for the <br />Permanent Trail Easement described and shown on Exhibit B and Temporary <br />Construction Easement sum of $234.31 described and shown on Exhibit C. <br /> <br />3.6 Administration. The City will be responsible for administering the Project. Contract <br />administrative services shall include, without limitation, the advertising and acceptance of bids, <br />generating partial and final payments and Project close- out. The City will also provide all <br />necessary construction engineering, construction surveying, and construction inspection for the <br />Project and will prepare and sign all work orders, change orders, and supplemental agreements <br />relating to the Project. <br /> <br />3.7 Cost Participation. The City is to fund the entirety of the Project. <br />3.8 Payments to Contractor. For purposes of paying the contractor during the Project, the <br />City will process all payment requests from the contractor and will approve or deny the requests <br />as appropriate, pursuant to the terms of the contract. <br />3.9 Ownership and Maintenance. Following completion of construction, the City will own <br />the multi-use trails and will be solely responsible for the ongoing maintenance and reconstruction <br />of those improvements unless impacted by a road construction on the roadway by the County. <br /> <br />4. General Provisions. <br /> <br />4.1 Entire Agreement; Amendments. This Agreement constitutes the entire agreement and <br />understanding of the parties with respect to the subject matter hereof and supersedes all prior and <br />contemporaneous agreements, documents and proposals, oral or written, between the parties with <br />respect thereto. Any amendment or modification to this Agreement shall not be valid unless such <br />amendment or modification (i) is in writing and signed by authorized representatives of both <br />parties and (ii) references this Agreement. The terms and conditions of the exhibits are integral <br />parts of this Agreement and are fully incorporated herein by this reference. <br />4.2 Cooperation. The parties agree to cooperate in the use of resources, including available <br />right-of-way to complete the project as a whole, to the extent feasible and to the extent permitted <br />by law. The parties further agree to cooperate in the administration of the contract and <br />completion of the project, including cooperating in resolving any disputes the parties may have <br />with the contractor(s) both during the project and following completion of the project. <br />Page 119 of 379