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<br /> 'j RIGHT-OF-WAY <br /> 17. State is responsible for proper acquisition of the necessary right-of--way and easements for construction <br /> j and maintenance of the Project. Agency may perform acquisition of the necessary right-of--way and <br /> .easements for construction and maintenance of the Project, provided Agency (or Agency's consultant) <br /> are qualified to do such work as required by the State's Right of Way Manual and have obtained prior <br /> approval from State's Region Right of Way office to do such work. <br /> i <br /> 18. Regardless of who acquires or performs any of the right-of--way activities, aright-of--way services <br /> j agreement shall be created by State's Region Right of Way office setting forth the responsibilities and <br /> activities to be accomplished by each party. State shall always be responsible for requesting project <br /> funding, coordinating certification of the right-of--way, and providing oversight and monitoring. <br /> Funding authorization requests for federal right-of--way funds must be sent through the State's Region <br /> Right of Way offices on all projects. All projects must have right-of--way certification coordinated <br /> ~ through State's Region Right of Way offices (even for projects where no federal funds were used for <br /> right-of--way, but federal funds were used elsewhere on the Project). Agency should contact the State's <br /> Region Right of Way office for additional information or clarification. <br /> 19. State shall review all right-of--way activities engaged in by Agency to assure compliance with <br /> applicable laws and regulations. Agency agrees that right-of--way activities shall be in accord with the <br /> Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, as amended, ORS <br /> Chapter 3s, FHWA Federal-Aid Policy Guide, State's Right of Way Manual and the Code of Federal <br /> Regulations, Title 23, Part 710 and Title 49, Part 24. <br /> 20. If any real property purchased with federal-aid participation is no longer needed for the originally <br /> authorized purpose, the disposition of such property shall be subject to applicable rules and <br /> j regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of the <br /> required proportionate shares of the fair market value maybe required. <br /> 21. Agency insures that all Project right-of--way monumentation will be conducted in conformance with <br /> i oRS 209. i so. <br /> 22. State and Agency grants each other authority to enter onto the other's right-of--way for the performance <br /> of the Project. <br /> 1 <br /> AGENCY OBLIGATIONS <br /> FINANCE <br /> 23. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, unless <br /> otherwise agreed and allowable by law. Agency shall be responsible for the entire match amount, <br /> unless otherwise agreed to and specified in the intergovernmental agreement. <br /> 24. Agency's estimated share and advance deposit. <br /> A. Agency shall, prior to commencement of the preliminary engineering and/or right-of--way <br /> acquisition phases, deposit with State its estimated share of each phase. Exception maybe made in <br /> the case of projects where Agency has written approval from State to use in-kind contributions <br /> rather than cash to satisfy all or part of the matching funds requirement. <br /> <br />