2b. Road-cost partipcation agreement/Main Ave reconstruction

a. Will pay its percentage, as detailed in the Memorandum of Understanding (MOU) of December 22, 2008, for segment 1 of the mainline roadway, multi-use trail, service roads, landscaping, etc. This MOU is attached and incorporated by reference herein; and b. Will pay for difference in cost for concrete multi-use trail; and c. Will pay 100 percent of the construction cost plus 10 percent for the preliminary and construction engineering of all items not eligible for federal aid participation. 3. The City and County will pay to NDDOT as the work progresses or when completed its share of the total cost of the project as defined in paragraph 1. 4. It is specifically agreed that if at any time the City fails to pay the amount billed to NDDOT within 60 days after billings, this document shall constitute an assignment of funds derived from the State Highway Tax Distribution Fund now or hereafter coming into the hands of the State Treasurer to the credit of the City, and the State Treasurer is hereby directed to deliver and pay over to NDDOT all funds credited to the City until the total thereof equals the sum billed pursuant to this agreement. The preliminary cost estimate of the project is $21,992,515 with the City's estimated share being $4,455,806. 5. It is specifically agreed that if at any time the County fails to pay the amount billed to NDDOT within 60 days after billings, this document shall constitute an assignment of funds derived from the State Highway Tax Distribution Fund now or hereafter coming into the hands of the State Treasurer to the credit of the County, and the State Treasurer is hereby directed to deliver and pay over to NDDOT all funds credited to the County until the total thereof equals the sum billed pursuant to this agreement. The preliminary cost estimate of the project is $21,992,515 with the County's estimated share being $72,725. 6. All signs, signals, markings, and other protective structures erected on or in connection with the project, including those installed at the sole cost and expense of the City, County or by others, shall be approved by NDDOT. All traffic control devices will be in conformance with the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways. 7. All existing right of way within the project limits will be provided by the City and County with clear title and available for use in the project. All right of way for the project will be maintained free of all encroachments except utilities and others in accordance with the NDDOT's "Utilities Accommodation Policy," dated July 1987. All obstructions to, interference with, or hazards to traffic flow will be removed by the City and County at the request of NDDOT. The City and County will be responsible for any consideration, avoidance, and minimization of impacts upon real property related to this project, such as changes in the grades of the streets, inconveniences to property or business, and any loss of light, air, view, access, egress, drainage, support, or nuisance. 8. The City and County will control the length and location of curb openings for future entrances and will not permit the length of curb openings for entrances to exceed the length shown on the plans or as shown on a sketch of typical entrances for similar entrances; and will prohibit the construction or use of any entrances along the project within the City and County other than those shown on the plans, without prior approval of NDDOT. 9. The City and County will not change any speed limit signs as shown on the plans without prior approval of NDDOT. NRP9TI5' �, 2 of 8 CLA 17058(Div. 38)