2004 AGN MAY 18 I05 - Laserfiche WebLink

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GRAND TERRACE's proportionate share is 25% of the PROJECT costs, which is estimated at $95,000. 3.2 Pay to COUNTY, on a reimbursement basis, its proportionate share of any PROJECT cost increases pursuant to Section 4.6 below, within thirty (30) days after receipt of an itemized statement as set forth in Section 1.11 of this Agreement setting forth all actual PROJECT costs incurred by COUNTY to date and which have not already been paid by COUNTY, COLTON, or GRAND TERRACE, together with adequate documentation of said expenditures. 3.3 Provide a no -cost permit to the COUNTY for its work in GRAND TER CE's right-of-way. 3.4 Should COUNTY be unable to acquire the necessary right-of-way within the limits of GRAND TERRACE, then GRAND TERRACE, in consultation O Y, shall consider using the power of Eminent Domain to acquire any necessary r of -way at a public hearing noticed and conducted in accordance with California C ivil Procedure, Section 1245.235 for the purpose of considering the adoption of oluti ecessity. If GRAND TERRACE elects to proceed with using its power of Emin Domain, II do so in a timely manner and at no cost to the COUNTY. The parties ackn ledge an rstand that this Agreement does not obligate GRAND TERRACE in any way to use th r of Eminent Domain to acquire any rights-of-way within GRAND TERRACE. GRAND T E's use of the power of Eminent Domain is conditioned by law upon certain findings and i tions that GRAND TERRACE, in its sole discretion, must make in accordance with t ifornia Code of Civil Procedure. GRAND TERRACE makes no warranty or guarantee of t eventual result or outcome of its discretionary consideration of the use of Eminent Domai to acquire any rights-of-way within GRAND TERRACE or of any actual Eminent Domain proceeding. In the event that COUNTY is undble to acquire the necessary right-of-way located within the limits of GRAND TERRACE anD TERRACE is unable or unwilling to use Eminent Domain to acquire right-of-way, t%nt shall be deemed to be terminated by mutual consent. In the event of terminatio s herein, all PROJECT costs required to be paid by the parties prior to the effec date tion shall be paid by the parties in the proportion provided herein. 3.5 After acceptance of the construction work NTY, COLTON, and GRAND TERRACE, GRAND TERRACE shall be onsible for /o of the cost of maintenance of the completed signalized intersection associa with the PROJECT. 4.0 IT IS MUTUALLY AGREED: 4.1 COUNTY agrees to indemnify and hold hayroms%ny COLTON and GRAND TERRACE, their officers, employees, agents, and volunteers and all liabilities for injury to persons e to property arising out of any act or omission of COUNTY, its officers, AMM ents or volunteers in connection with COUNTY's performance of its obligations under this71IMMent. COLTON ag indemnify and hold harmless the COUNTY and GRAND TERRACE, their officers, emplo agents, and volunteers from any and all liabilities for injury to persons nd damage toerty arising out of any act or omission of COLTON, its officers, loyees, agent volunteers in connection with COLTON's performance of its obligations 4.3 GFFMMTERRACMgrees to indemnify and hold harmless the COUNTY and COLTON, their o icellIaMployff, agents, and volunteers from any and all liabilities for injury to persons and da operty arising out of any act or omission of GRAND TERRACE, its officers, employee ents or volunteers in connection with GRAND TERRACE's performance of its obligation nder this Agreement. 4.4 In the event the COUNTY and/or COLTON and/or GRAND TERRACE is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or COLTON and/or GRAND TERRACE shall indemnify the other parties to the extent of its comparative fault. Furthermore, if the COUNTY, COLTON, or GRAND TERRACE attempts to seek recovery from the other parties for Workers' Compensation benefits paid to an employee, the COUNTY, COLTON, and Page 4 of 9