2004 AGN MAY 18 I05 - Laserfiche WebLink

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of any PROJECT cost increases pursuant to Section 4.6 below and pay such costs from COUNTY road funds. 1.10 Submit to COLTON an itemized accounting of actual PROJECT costs incurred by COUNTY to date and which have not already been paid by COUNTY, COLTON, or GRAND TERRACE, and a statement for COLTON's proportionate share of the PROJECT costs as provided herein. Costs shall be amended following acceptance of the final construction cost accounting by COUNTY, COLTON, and GRAND TERRACE. 1.11 Submit to GRAND TERRACE an itemized accounting of actual PRO CT costs incurred by COUNTY to date and which have not already been paid by COUN OLTON, or GRAND TERRACE, and a statement for GRAND TERRACE'S proportio sha of the PROJECT costs as provided herein. Costs shall be amended follo acceptance of the final construction cost accounting by COUNTY, COLTON, and G RACE. 1.12 If right-of-way is needed, the COUNTY shall order title rts h parcels. The costs shall be reimbursed by the parties dependent upon jurisdi n. 1.13 Provide services to acquire the right-of-way if needed for th ROJEC clude contacting owner or occupant, entering properties, appraising right-of-way parc specting and negotiating takes and easements including improvements. 1.14 Include completion of any applicable NEPA and CEQA requirements. 2.0 COLTON AGREES TO: 2.1 Pay for its proportionate share of the PROJECT costs. The PROJECT costs shalt include the cost of PROJECT construction design, construction engineering, and overhead costs. COLTON's proportionate shar ' 35.5% of the PROJECT costs, which is estimated at $135,000. 2.2 Pay to COUNTY, on a reimburse its proportionate share of any PROJECT cost increases pursuant to Section 4.6 to hirty (30) days after receipt of an itemized statement as set forth in Section 1. of t ent setting forth all actual PROJECT costs incurred by COUNTY to date d w ' ady been paid by COUNTY, COLTON, or GRAND TERRACE, toget adequa mentation of said expenditures. 2.3 Provide a no -cost permit to the COUNT its work in TON'S right-of-way. 2.4 Should COUNTY be unable to acquire th ecessary right-of-way located within the limits of COLTON, then COLTON, in consultation h COUNTY, shall consider using the power of Eminent Domain to acquire any necessa -of-way at a public hearing noticed and conducted in accordance with California Co of Civil Procedure, Section 1245.235 for the purpose of considering the adoption of a res o tion of necessity. If COLTON elects to proceed is power of Eminent Domain, it shall do so in a timely manner and at no cost to the parties acknowledge and understand that this Agreement does not obligate COLTON ay to use the power of Eminent Domain to acquire any rights-of-way within COLTON. C 's use of the power of Eminent Domain is conditioned by law upon certain findings and d nations that COLTON, in its sole discretion, must make in accordance ith the Californi de of Civil Procedure. COLTON makes no warranty or guarantee of the ritual result or ome of its discretionary consideration of the use of Eminent Domain to e any rights- ay within COLTON or of any actual Eminent Domain proceeding. In the ev t COUNT s unable to acquire the necessary right-of-way located within the limits of COL nd C ON is unable or unwilling to use Eminent Domain to acquire right-of-way, this Ag hall be deemed to be terminated by mutual consent. In the event of terminatio provided herein, all PROJECT costs required to be paid by the parties prior to the effecti date of termination shall be paid by the parties in the proportion provided herein. 2.5 After acceptance of the construction contract work by COUNTY, COLTON, and GRAND TERRACE, COLTON shall be responsible for 75% of the cost of maintenance of the completed signalized intersection associated with the PROJECT. 3.0 GRAND TERRACE AGREES TO: 3.1 Pay for its proportionate share of the PROJECT costs. The PROJECT costs shall include the cost of PROJECT construction design, construction engineering, and overhead costs. Page 3 of 9