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Kindred Truck Route Construction and Maintenance Agreement In response to a request from the City of Kindred (hereafter referred to as the City) for assistance from Cass County Government (hereafter referred to as the County) with improvements to the Kindred Truck route, the Cass County Commission passed a motion on May 2,2005. The motion directed the County Engineer to work with the City of Kindred and take the necessary steps to add the Kindred Truck route to the County Federal Aid System, subject to meeting conditions listed below: 1. City receives $200,000 in Fe~al Aid and constructs improvements not later than September~.~C67 t ~ 2. City agrees to enter into maintenance agreement with the County to pay all maintenance costs. 3. City is responsible for all right of way acquisition if necessary. 4. Road to be maintained to all required Federal Aid system and County standards. 5. County will be the contracting agency on the construction contract. 6. County reserves the right to turn the route back to the City after 5 years and the City agrees to accept ownership of the route at that time. 7. Hold harmless clause in the maintenance agreement whereby the City indemnifies the County from all suits and claims related to the route. The North Dakota Department of Transportation and Cass County have subsequently agreed that the Department of Transportation would provide $200,000 in Federal Aid to Cass County for the project. The County Commission agreed that the $200,000 Federal Aid money would be applied to another County project and that the County would pay the $200,000 to the City of Kindred with County funds in addition to the $20,000 in non- reimbursed County funds committed to the project. In addition to the 7 above conditions, the provisions that follow outline each party's responsibilities under this contract. PART I City Obligation 1. In is understood that the City of Kindred assumes all liability for the Kindred Truck Route. The City shall indemnify, save, and hold harmless Cass County from any and all claims or suits brought by any party in connection with the subject road. 2. To comply with the current edition ofNDDOT's Right of Way Acquisition Procedures for Local Public Agency Federal Aid Projects. 3. Th~ City will be r, esponsible fo, r any con sid. erati?n" avoidance, "",l.m~ -- atmn n n/l ~- ~- of Impacts upon real property related to thIS project, such as ch tUf~~~ YJ U; ~ of streets, inconve~ience to property or. business, and any loss 0' . ,;, air, view, II access, egress, dramage, support, or nUlsance. J Ui, SEP 2 2 2005 I' I ) , L_ J l CASS CO HIGHWAY DEPT.