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3.2.3 If City will relocate or cause the relocation of its Utility Facilities, <br />City shall: <br />a. Allow LTD and its contractors and consultants to review and approve <br />the Utility Relocation plans proposed to be used by City. <br />b. Ensure the plans and specifications for such relocations shall include <br />all relocations necessary to conform City-owned Utility Facilities to the Project and shall <br />be designed in a manner to minimize and/or eliminate any adverse impact the Utility <br />Relocations may have on the Project. <br />c. Allow LTD's contractors and consultants to inspect any Utility <br />Relocations to determine that the Utility Relocations are in accordance with the plans of <br />the Project. If such Utility Relocations are not in accordance with the plans of the <br />Project, City, at its expense, shall correct such nonconformity. <br />3.3 The cost of relocating other Publicly-Owned Utility Facilities, including <br />any City-owned Utility Facilities, for purposes of the Project shall be at LTD's expense <br />or shared between LTD and the involved public entity as provided in this Addendum, the <br />Memorandum, or in separate agreements with the involved public entity. The parties <br />understand that Utility Relocation provided and/or paid for by LTD is relocation in-kind <br />and does not include any Betterments of the existing Utility Facility. <br />3.4 Notwithstanding any other terms of this Addendum, if the Utility Facilities <br />are to be relocated underground, the terms of the Memorandum shall control over any <br />inconsistent terms in this Addendum. <br />3.5 City agrees to pay all costs associated with any Betterments or other <br />additional work that LTD has agreed to incorporate into the Project at the request of City. <br />IV. MISCELLANEOUS. <br />4.1 Records/Inspection. City and LTD shall each maintain records of its <br />costs and expenses under this Addendum for a period of not less than three (3) fiscal <br />years following completion of the Project. Upon reasonable advance notice and during <br />regular business hours, either party or its authorized representatives may from time to <br />time inspect, audit, and make copies of the other party's records. <br />4.2 Notices. Any notices permitted or required by this Addendum shall be <br />deemed given when personally delivered or two (2) calendar days after deposit in the <br />United States mail, postage prepaid, certified mail, return receipt requested, addressed to <br />the representative of the party as set forth in this section. Either party may change its <br />address by notice given to the other party in accordance with this paragraph. <br />ADDENDUM NO. I - EUGENE-LTD IGA FOR Bus RAPID TRANSIT Page- 4 <br />