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1 <br /> <br />3 <br /> <br />5 <br /> <br /> 6 <br /> <br /> ? <br /> <br /> 8 <br /> <br /> 9 <br /> <br /> 10 <br /> <br /> ll <br /> <br /> 12 <br /> <br />15 <br /> <br />16 <br /> <br />18 <br /> <br />19 <br /> <br />20 <br /> <br /> 21 <br /> <br /> (4) CITY is willing to bear <br />rights of way required for the PROJECT; <br />normally borne by utility owners of all <br /> <br />the cost of the additional <br />to bear the costs not <br />utility protectiom, <br /> <br />relocation or removal; and to bear approximately 8.5 percent (or <br />100 percent less the Federal reimbursement percentage in effect at <br />the time of programming) of the construction costs of PROJECT. <br /> <br /> (5) STATE is willing to bear the entire cost of right <br />of way services, preliminary engineering, construction <br />engineering, traffic striping, pavement marking and traffic signs. <br /> <br /> (6) This Modification of Agreement (which will replace <br />the said prior agreement upon execution) sets forth the revised <br />terms and conditions under which rights of way are to be acquired <br /> <br />and under which the PROJECT <br />financed and maintained. <br /> <br />STATE AGREES: <br /> <br /> (1) <br /> <br />To perform, <br /> <br />is to be designed, constructed, <br /> <br />SECTION I <br /> <br />at STATE's sole expense, the necessary <br /> <br />right of way engineering, appraisals and negotiations required to <br />acquire in CITY'S name the additional rights of way required for <br />the PROJECT. <br /> <br /> (2) To acquire through proceedings in eminent domai~ <br />any parcel or parcels required for the PROJECT that can not be <br />acquired by negotiated settlement. STATE will be responsible for <br />all matters relative to the legal aspects of acquisition through <br />condemnation. All right of way acquired through condemnation will <br /> <br /> -2- <br /> <br /> <br />