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• • <br />1 <br />2 <br />3 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />1.3 <br />1~ <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />2~4 <br />25 <br />(2) To acquire through proceedings in eminent <br />domain any parcel or parcels required for the PROJECT that can n:>t <br />be acquired by negotiated settlement. STATE will be responsible <br />for all matters relative to the legal aspects of acquisition <br />through condemnation. All right of way acquired through <br />condemnation will be conveyed by STATE to CITY upon completion oi: <br />all right of way acquisition. <br />(3) To provide plans and specifications and all <br />necessary construction engineering services for the PROJECT, all. <br />at STATE's sole expense. <br />(4) To construct the PROJECT by contract in <br />accordance with plans and specifications of STATE. <br />(5) To furnish and install, by STATE's forces ar~:9 <br />at STATE's sole expense, all the traffic striping, pavement <br />marking and traffic signs that are required for the PROJECT. <br />(6) Upon completion of STATE's right of way <br />acquisition and all work incidental thereto, to furnish CITY wit::l <br />a detailed statement of right of way costs to be borne by CITY <br />and to refund to CITY any amount of CITY's advance deposit, <br />provided for in Section II, Article (2), remaining after actual. <br />sts to be borne by CITY have been deducted. <br />(7) To pay an amount equal to 45.5 percent of <br />Tithe construction costs not borne by FAI funds; but in no event <br />hall STATE's total obligation for construction costs under this; <br />reement exceed the amount of $1,000,000; provided that STATE <br />-3- <br />