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<br />45 CITY agrees to design the TRAIL in substantial conformity with the attached preliminary <br /> <br /> <br />46 plan. Substantial changes and deviations from the attached preliminary plan need to be <br /> <br /> <br />47 approved by the COUNTY. The CITY will submit the final plans to the COUNTY within <br /> <br /> <br />48 fifteen (15) days of completion for COUNTY review. The COUNTY will have thirty (30) <br /> <br /> <br />49 days from the date of receipt of those plans to review the plans to ensure they concur <br /> <br /> <br />50 with the preliminary plan set forth in this document and to provide the CITY with written <br /> <br /> <br />51 notification of acceptance ("Plan Acceptance Notification"). Failure to provide written <br /> <br /> <br />52 notification within thirty (30) days will constitute acceptance of the final plan. <br /> <br /> <br />53 (b) Subject to the limit specified in SECTION 2 above, the COUNTY shall <br /> <br /> <br />54 advance the CITY funding in the preparation of the construction plans, including, without <br /> <br /> <br />55 limitation, engineering, surveying, soils investigation, environmental, and permitting <br /> <br /> <br />56 costs and fees within thirty (30) days of execution of this Agreement. <br /> <br />57 SECTION 4. CONSTRUCTION. (a) As soon as possible after receipt of the <br />58 Plan Acceptance Notification, the CITY shall engage a contractor and cause <br />59 construction of the TRAIL in accordance with the construction plans and permits. <br />60 Substantial changes and deviations from the approved construction plans, or any <br />61 deviations from County design standards, need to be approved by the COUNTY. <br />62 Construction shall be performed in a lien free manner, including the prompt bonding and <br />63 removal of any liens or claims of liens that create any encumbrance over all or any <br />64 portion of the TRAIL. <br /> <br /> <br />65 (b) Subject to the limit specified in SECTION 2 above, the COUNTY shall <br /> <br /> <br />66 advance the CITY funding for fees, costs, and expenses for construction of the TRAIL <br /> <br /> <br />67 within thirty (30) days of execution of this agreement. The costs of obtaining the bonds <br /> <br />5/15/2006 <br /> <br />3 <br />