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M.V. ORDI1;TAlVCE N0. 85-10 Page -2- Section 5. In addition to the foregoing, Mayfield Village further agrees as follows: (a) That all existing street and public right-of-way within the Village necessary for the aforesaid improvement shall be made available therefor. (b) That the State of Ohio will acquire any additional right-of-way necessary for the construction of the aforesaid improvement. (c) That agreements have been or will be obtained from all public utility companies whose lines or structures will be affected by the said improvement ancl that the said utility companies have agreed to make any and all necessary plant removals or rearrangements in such manner as to be clear of any construction called for by the plans of saic7 improvement and said utility companies have furthermore agreed to make such necessary rearrangements immediately after notification by Mayfield Village or the Department of Transportation. (d) That it is hereby agreed that Mayfield Village shall, at its own expense, make all rearrangements of water mains, service lines, fire hydrants, valve boxes, sanitary sewers or other municipally owned utilities, together with any appurte- nances thereto, which c3o not comply with the provisions of Directive 28-A, whether inside or outside the corporate limits as may be necessary to conf orm to the said improvement and said rearrangements shall be done at such time as requested by the Department of Transportation Engineer. (e) That the construction, reconstruction, or rearrange- ment to both publicly and privately owned utilities, referred to in Subsection (c) and (d) hereinabove, shall be done in such a manner as not to interf ere unduly with the operation of the contractor constructing the improvement and all back- filling of trenches macle necessary by such utilitiy rearrange- ments shall be performed in accordance with the provisions of the Ohio Department of Transportation Construction and riaterial Specifications and shall be subject to approval by the State. (f) That the installation of all utility facilities on the right-of-way shall conform with the requirements of the federal highway administration Policy and Procedure Memorandum 30-4 °Utility Relocations and Adjustments" and the Department of Transportation's Rules on Utility Accommodation. (g) That Mayfield Village hereby agrees that the said Department of Transportation of the State of Ohio shall be and is hereby saved harmless from any and all damages or claims thereof arising from or growing out of the certification or obligations made or agreed to in the Sections hereinabove.