O-2010-3228 roadway improvements/Fairmont Parkway-from state Highway 146 to 500 feet west of 16th Street

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VIII Upon the completion of the construction of the Project, the County shall perform, or cause to be performed, a fmal accounting. If the amount forwarded to the County by the City under Section IV or V is greater than the actual amount of the City Contribution, the County shall promptly pay over to the City the surplus. If the amount forwarded to the County by the City under Section IV or V is less than the actual City Contribution, the City shall promptly pay to the County the difference between its contribution under Section IV or V and the actual City Contribution, subject to the City's maximum obligation as set forth in Section XII. IX Upon the completion of the construction of the Project, Fairmont Parkway from S.H. 146 to approximately 500 feet west of 16th Street including the six (6) lane reinforced concrete boulevard with curb and gutter, storm sewer, outfalls, structures, left turn lanes, transitions, sidewalks and pedestrian ramps and all necessary appurtenances constructed within the scope of the Project, but not the City Utilities, shall be a part of the County's system of roads subject to maintenance and repair by the County to the same extent as other County roads. The City shall be responsible for the maintenance and repair of the City Utilities. X The County may make such changes and amendments to the drawings and specifications within the general scope of the approved Project including the City Utilities as the County Engineer deems necessary or desirable during construction of the Project including the City Utilities so long as the original scope and intent of the Project including the City Utilities is unchanged. XI The City may terminate this Agreement at any time prior to acquisition of all rights-of- way for the Project by the County and approval of the PS & E by the City. The County may terminate this Agreement, without cause, at any time prior to the entry into the Contract for construction of the Project including the City Utilities, by written notice to the other party. After termination, neither party shall have any further obligations hereunder, except as follows: County shall return to the City any funds which the City has paid to the County less $63,715.00, the agreed cost of designing new sidewalks, pedestrian ramps, and the City Utility Work as part of the Project; or, if the City has not yet paid the estimated City Contribution to the County hereunder, the County Engineer shall determine and inform the City of the percentage of completions of the design of new sidewalks, pedestrian ramps, and the City Utility Work as part of the Project at the time of such termination, and the City shall pay to the County an amount equal that portion of $63,715.00 equal to that percentage amount of completion. -4- J:\ADMlNINHudson\Agreements 201 0\LaPorte-FainnontPkwy-3-4-1 OmDCW (2)-Fina12.doc