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Upon request of ODOT, the Mayor is also empowered to execute any appropriate <br />documents to affect the assignment of all rights, title, and interests of the City to ODOT <br />arising from any agreement with its consultant in order to allow ODOT to direct <br />additional or corrective work, recover damages due to errors or omissions, and to <br />exercise all other contractual rights and remedies afforded by law or equity. <br />SECTION IV: Utilities and Right -of -Way Statement <br />The LPA agrees that all right-of-way required for the described project will be <br />acquired and/or made available in accordance with current State and Federal regulations. <br />The LPA also understands that right-of-way costs include eligible utility costs. <br />The LPA agrees that all utility accommodation, relocation and reimbursement <br />will comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual. <br />SECTION V: Maintenance <br />Upon completion of the Project, and unless otherwise agreed, the LPA shall: (I) <br />provide adequate maintenance for the Project in accordance with all applicable State and <br />Federal law, including, but not limited to. Title 23, U.S.C., Section 116, (2) provide <br />ample financial provisions, as necessary, for the maintenance of the Project: (3) maintain <br />the right-of-way, keeping it free of obstructions. and (4) hold said right-of-way inviolate <br />for public highway purposes. <br />SECTION VI: Emergency Measure <br />The ordinance is hereby declared to be an emergency measure to expedite the <br />highway project and to promote highway safety. Following appropriate legislative <br />action, it shall take effect and be in force immediately upon its passage and approval. <br />otherwise it shall take effect and be in force from and after the earliest period allowed by <br />law. <br />PASSED: _SPS_ _1 Z ' <br />ATTE-,S' <br />C'ILARLES itIASSAROLO 11 <br />Clerk of C'Mincil <br />APPRO f, D: Y --z— ) q <br />,i OR KE1' N �f KEV.S'F,DY <br />First Re(iding: <br />1`2- <br />Second Reading: <br />5,i5pdp_�w _ ...... <br />Third Reading <br />Committee: <br />— <br />NICOLE DAILEY AO)AU <br />President of Council <br />21PPRO1'EDAS TO LEGAL t ORAI: <br />VI 1lichael R. Gareatr Jr. <br />WICHAEL R. GAREA U, JR. <br />Director of Law <br />