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RIGHT-OF-WAY <br /> 17. State is responsible for proper acquisition of the necessary right-of--way and easements for <br /> construction and maintenance of the Project. Agency may perform acquisition of the necessary right- <br /> <br /> ' of-way and easements for construction and maintenance of the Project, provided Agency (or <br /> Agency's consultant) are qualified to do such work as required by the State's Right of Way Manual <br /> and have obtained prior approval from State's Region Right of Way office to do such work. <br /> 18. Regardless of who acquires or performs any of the right-of--way activities, aright-of--way services <br /> agreement shall be created by State's Region Right of Way office setting forth the responsibilities <br /> and activities to be accomplished by each party. State shall always be responsible for requesting <br /> project funding, coordinating certification of the right-of--way, and providing oversight and <br /> monitoring. Funding authorization requests for federal right-of--way funds must be sent through the <br /> State's Region Right of Way offices on all projects. All projects must have right-of--way certification <br /> coordinated through State'°s Region .Right of Way offices (even for projects where no federal funds <br /> were used for right-of--way, but federal funds were used elsewhere on the Project). Agency should <br /> contact the State's 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 <br /> the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, as amended, <br /> ORS 35.510 and ORS Chapter 35, FHWA Federal-Aid Policy Guide, State's Right of Way Manual and the <br /> Code of Federal 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 /> 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 /> ORS 209.150. <br /> 22. State and Agency grants each other authority to enter onto the other's right-of--way for the <br /> performance of the Project. <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 may be made <br /> STDPRO-2005.doc 4 <br /> Rev. 3-22-OS <br /> <br />