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<br />Jan. 7. 2005 2:02PM <br /> <br />Cass County Highway Dept, <br /> <br />No.4396 <br /> <br />P, 3 <br /> <br />UTILITY RELOCATION AND ADJUSTMENT AGREEMENT <br /> <br />Project No. <br /> <br />County <br /> <br />location <br /> <br />THIS AGREEMENT is entered into by and between <br />of North Dakota, hereinafter known Is'the County, and <br /> <br />County State <br /> <br />of <br /> <br />hereinafter known Is.tfte Utility. <br /> <br />The utility agrees to relocate or ,djust its facilities located within County <br />right of way, IS shown on the attached plans. <br /> <br />The Utility agrees to relocate or adjust tþe facilities in conjunction with or <br />prior to the beginning of highway construction, and in such a manner as not to <br />interfere with highway construction, as requested by the County. <br /> <br />If the facilities to be relocated are now located on private right of way. the <br />Utility will upon request. any time after the facilfties have been relocated, <br />execute I quit claim deed to the County covering that portion of the highway <br />right of way on which said faci1fties were located. <br /> <br />The payment of costs incurred by the relocation or adjustment of the <br />facilities shall be : . <br /> <br />A. <br /> <br />lump sum bash of $ U L.h"- , <br /> <br />; or <br /> <br />Based on actual direct and related 1nd1rect costs accord1ng to work <br />order accounting procedures used by the Utility in its normal <br />operations. The attached cost estimate has the breakdown of those <br />costs. <br /> <br />The books and records of the Utility pertinent to such relocation of . <br />adjustment work shall be subject to inspection and audit by a representative <br />of the County. <br /> <br />B. <br /> <br />If federal aid will be used for the relocation and adjustment of the utility <br />facilities, independent audits of the County procedures by an audit fina hired <br />by the County wf1l be required and sha11 be performed according to the I.S1ngle <br />Audit Act of 1984,8 Public Law 98-502. <br /> <br />In the event that the County should decide not to proceed with the highway <br />constructfon and should not require the relocation or re.djust~ent of the <br />utility facilities, then the County may serve formal notice of cancellation <br />to the Utility and this agreement shall then become null and void. <br />