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0 • <br />City, therefore, agrees to use its best efforts to assist LTD to help ensure all Operators <br />Within the City that may be affected by the Project mark their Underground Utility <br />Facilities with Reasonable Accuracy. <br />III. UTILITY RELOCATION. <br />3.1 LTD shall notify City, in writing, of the need to relocate the identified <br />Privately-Owned Utility Facilities and the schedule for such relocations. City agrees to <br />notify the identified Privately-Owned Utility Facilities Operators and/or owners that their <br />Privately-Owned Utility Facilities will be relocated at the Operators' expense and in <br />accordance with the plans for the Project. City agrees to use its best efforts, but shall not <br />be required to incur expenditures in legal proceedings, to cause the timely relocation of <br />Privately-Owned Utility Facilities without cost to City, LTD, or the Project. However, if <br />City does not have legal authority or power to cause such relocation at the cost of the <br />Privately-Owned Utility Facility, or if LTD is unwilling to pay for the costs of legal <br />proceedings to enforce City's authority, LTD, without cost to City, shall effect relocation <br />of existing Privately-Owned Utility Facilities as necessary to conform the Privately- <br />Owned Utility Facilities to the plans for the Project. LTD and City have agreed to jointly <br />host an informational meeting at which all Operators who will be affected by the Project <br />will have the opportunity to comment on the utility relocation schedule and process. <br />3.2 LTD shall notify City, in writing, of the need to relocate identified City <br />owned Utility Facilities and the schedule for such relocations. City agrees it shall <br />relocate, cause to be relocated, or assist in the relocation of all City-owned Utility <br />Facilities, whether located within the public right-of-way or not, as required by the <br />Project and identified in the notice provided by LTD pursuant to this Section 3.2. LTD <br />and City agree to follow any applicable procedures set forth in the IGA, as modified by <br />this Addendum, and the Memorandum in relocating the City owned Utility Facilities: <br />3.2.1 If City elects to relocate or causes its Utility Facilities to be <br />relocated, City shall submit to LTD for review and approval a cost proposal for such <br />Utility Relocations. If LTD and City cannot agree on a budget for City to relocate or <br />cause the relocation of City-owned Utility Facilities, LTD shall have the right to elect to <br />undertake and perform, at LTD's expense, the necessary Utility Relocations. <br />3.2.2 Betterments. To minimize disruption and delay of construction, <br />the TAC will consider Betterments that City wishes to construct itself or to be <br />constructed by LTD as a part of any portion of the Project during the design phase for <br />that portion of the Project. City may also request that LTD design and construct <br />Betterments as change orders, but, in such cases, LTD shall have sole discretion to refuse <br />to design or construct a Betterment which would delay or impede construction activities. <br />If LTD does agree to design and/or construct Betterments, the additional costs of such <br />Betterments shall be at City's expense and in accordance with any other reasonable terms <br />and conditions imposed by LTD and agreed to by City. <br />ADDENDUM NO.1 - EUGENE-LTD IGA FOR Bus RAPID TRANSIT Page- 3 <br />