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it . <br /> WHEREAS, ASSOCIATED has expressed a willingness to enter into an <br /> agreement with the CITY which will provide for the design and construction of the <br /> realignment of Upper Ridge Road; and <br /> WHEREAS, the City Council, following a public hearing in response to <br /> ASSOCIATED's Petition to vacate a portion of Upper Ridge Road, authorized the <br /> realignment of Upper Ridge Road between Glenwood Avenue and the Boeing Haul <br /> Road and the preparation of an ordinance vacating that portion of Upper Ridge <br /> Road. <br /> NOW, THEREFORE, the CITY and ASSOCIATED mutually agree as follows: <br /> 1. Subject to Section 6 hereof, ASSOCIATED agrees to dedicate the <br /> required right-of-way within its boundaries to the CITY for the <br /> construction of the Phase I realignment of Upper Ridge Road and the <br /> reconstruction of the non-vacated portion of Upper Ridge Road lying <br /> north of the "Boeing Haul Road". See Exhibit "A". <br /> 2. The CITY agrees to acquire the required right-of-way, for said <br /> realignment, with the exception of ASSOCIATED'S dedicated right-of- <br /> way, for the construction of the Phase I realignment of Upper Ridge <br /> Road. Acquisition to include title reports, appraisal fees, just <br /> compensation, negotiation and any court costs, attorney fees and expert <br /> witness fees, if required. <br /> 3. The CITY agrees to vacate that portion of Upper Ridge Road lying <br /> northerly of the proposed realignment, conditioned upon the completion <br /> of the Phase I realignment. The parties agree that appropriate legal <br /> description of said vacation may be inserted herein. <br /> 4. Subject to Section 6 hereof, ASSOCIATED agrees to provide <br /> professional engineering services for the Phase I design for the fee <br /> specified in Section 5. <br /> All work is to be reviewed by the CITY ENGINEER and shall include <br /> construction plans, surveying, drafting, right-of-way plans, utility <br /> relocation, and legal descriptions for all properties to be purchased, <br /> deeded or vacated. <br /> -2- <br />