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4.1 Except as provided herein, the County and City will participate in the costs of <br />ROW acquisition in accordance with the Ramsey County Cost Participation <br />Policy and approved in the 2022-2026 Ramsey County Transportation <br />Improvement Plan. If there is a conflict between the Cost Participation Policy <br />and this Agreement, this Agreement shall prevail. <br />4.2 Design Engineering Costs <br />4.2.1 The City shall pay the County a design engineering fee equal to the <br />consultant contract cost for the city utilities. <br />4.3 Right of Way Acquisition Costs <br />4.3.1 Right of way acquisition costs including payment to owners, relocation <br />assistance, appraisal fees, and other related costs of acquiring right of <br />way for the Project will be shared 50% by the County and 50% by the City, <br />except as provided below. <br />4.3.2 The County will not be responsible for assessments, fees, or fines, <br />associated with owning property acquired for the Project. If the City <br />imposes assessments, fees, or fines, the County will pay those costs and <br />the City will reimburse the County for those costs. <br />4.3.3 The County will pay 100% of the County staff time for right of way <br />acquisition. <br />5 Payment Schedule <br />5.1 Design Engineering Costs will be invoiced at the time of contract award. <br />5.2 ROW acquisition costs and payments will be invoiced monthly. <br />5.3 Payment will be made within 30 days of receipt of an invoice. <br />6 ROW acquired under this Agreement will be owned and maintained by the County. <br />7 The City grants the County temporary construction easements over all City owned <br />rights -of -way and property within the limits of the Project for use during construction <br />at no cost to the County. <br />8 The City and County shall indemnify, defend, and hold each other harmless against <br />any and all liability, losses, costs, damages, expenses, claims, or actions, including <br />attorney's fees, which the indemnified party, its officials, agents, or employees may <br />hereafter sustain, incur, or be required to pay, arising out of or by reason of any act <br />or omission of the indemnifying party, its officials, agents, or employees, in the <br />