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North Game Farm Road Improvements <br /> City of Eugene <br /> Page 2 of 3 <br /> 3. Incorporate CITY street lighting design, as approved by COUNTY, into project plans <br /> and specifications. COUNTY will construct project street lighting as part of the construction <br /> contract. . <br /> CItY AGREES TO: <br /> 1. Authorize COUNTY to work within the public easements dedicated and annexed as <br /> conditions of approval for the SECOND ADDITION TO CRESCENT MEADOWS and the <br /> FOURTH ADDITION TO CRESCENT MEADOWS subdivisions by CITY, including properties <br /> encumbered under adeveloper/owner irrevocable petition with CITY. When project is <br /> completed, the dedicated areas will be incorporated in the legal COUNTY road right-of--way. <br /> Authorize COUNTY to work within the area conveyed and annexed as conditions of <br /> approval of Land Partition Plat Number 94-P0485 as described in the Street Deed recorded <br /> March 26, 1994 on Reel 1935, Recorder's Reception Number 9422552 and encumbered under <br /> a developer/owner irrevocable petition with CITY. When project is completed, the dedicated <br /> area will be incorporated in the COUNTY road right-of--way. <br /> Authorize COUNTY to acquire right-of-way and construct improvements within the <br /> CITY jurisdiction of North Game Farm Road, Crescent Avenue and Bermuda Drive. The <br /> improvements for listed streets within CITY jurisdiction will consist of roadway, curb, sidewalk <br /> and storm drainage work for matching of COUNTY construction of North Game Farm Road with <br /> .existing CITY streets and their improvements. <br /> 2. Provide street lighting design to COUNTY for incorporation into project plans and <br /> specifications by December 15, 2004. CITY agrees COUNTY will not be charged for. street <br /> lighting design. CITY will own and maintain project street lighting upon completion of project. <br /> This provision will survive termination of the agreement. <br /> 3. Present to the Eugene City Council, with City staff's recommendation for approval, a <br /> resolution to approve the improvement project that is the subject of this Agreement and to <br /> authorize COUNTY to assess any benefiting properties under the jurisdiction of CITY, in' <br /> accordance with ORS 203.132. Credit for existing curb, gutter and sidewalk will be given in <br /> accordance to COUNTY policy. <br /> 4. Grant and otherwise assign to COUNTY all the CITY'S rights under all irrevocable <br /> petitions that CITY holds regarding any of the properties to be assessed within the project area. <br /> BOTH PARTIES AGREE: <br /> 1. When project is completed, the dedicated areas will be incorporated into the legal <br /> COUNTY road right-of--way. Project street lighting will be owned and maintained by-CITY. . <br /> 2. The term of this agreement commences upon the date of the final execution thereof <br /> and terminates three years from the execution date unless mutually agreed by both parties to <br /> extend the termination date. <br /> 3. To the extent allowed by the Oregon Constitution, the Oregon Revised Statutes and <br /> <br /> the Oregon Tort Claims Act, each of the parties hereto agree to indemnify and save the other <br /> harmless from any claims, liability or damages resulting from any error, omission or act of <br /> <br />