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01-22-2025 Council Packet
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01-22-2025 Council Packet
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Page 3 of 6 <br /> <br />the parties’ payment responsibilities hereunder will be based on actual <br />final ROW acquisition costs, not estimated costs. <br /> <br />3.2.2. The County will not be responsible for assessments, fees, or fines, <br />associated with owning property acquired for the Project. If the City <br />imposes assessments, fees, or fines, the County will pay those costs and <br />the City will reimburse the County for those costs. <br /> <br />3.2.3. The County will pay 100% of County staff time for ROW acquisition. <br /> <br /> <br />4. Payment Schedule <br /> <br />4.1. ROW acquisition costs and payments will be invoiced monthly. <br /> <br />4.2. Payment will be made within 35 days of receipt of an invoice. <br /> <br /> <br />5. ROW acquired under this Agreement will be owned and maintained by the <br />County. <br /> <br /> <br />6. The City grants the County temporary construction easements over all City owned <br />ROW and property within the limits of the Project for use during construction at no <br />cost to the County. <br /> <br /> <br />7. Each party is responsible for its own acts and omissions and the results thereof to the <br />extend authorized by law and will not be responsible for the acts and omissions of any <br />others and the results thereof. <br /> <br /> <br />8. The City and County shall indemnify, defend, and hold each other harmless against <br />any and all liability, losses, costs, damages, expenses, claims, or actions, including <br />attorney’s fees, which the indemnified party, its officials, agents, or employees may <br />hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or <br />omission of the indemnifying party, its officials, agents, or employees, in the execution, <br />performance, or failure to adequately perform the indemnifying party’s obligation <br />pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by the <br />County or the City of any statutory or common law immunities, limits, or exceptions on <br />liability. <br /> <br /> <br />9. COUNTERPARTS: The parties may sign this Agreement in counterparts, each of <br />which constitutes an original, but all of which together constitute one instrument. <br />
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