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WHEREAS, the State agrees to provide a one-time lump sum payment to the City and a one-time lump sum payment to the County in lieu of the scheduled resurfacing of Nebraska Highway 11 for the relinquishment of existing Nebraska Highway 11. This payment is the estimated cost to tha State for preparation of the project for letting,construction and inspection of the project, and WHEREAS,the City and County agrees as follows and autharized their respective officials to execute this supplemental agreement as evidenced by a Resolution of the City Council dated the day of , 2013, and a County Board Resolution dated the day of , 2013, attached hereto as EXMIBIT"C"and EXHIBIT"D", respectively and hereby made a part of this agreement by this reference, and NOW THEREFORE, in consideration of these facts,the parties hereto agree as follows: SECTION 1. Section 2 of the Original Agreement is amended to include the following: The State Functional Classification vf the relinquished Nebraska Highway 11 will be reclassified to the appropriate classification for its function. In consideration of the City's and the County's requests for a lump sum payment in lieu to the State constructing the resurfacing project of Nebraska Highway 11 within the City's Corporate Limits and the remaining segment in the County,the State agrees to pay the City and the County in the following manner. A. The State shall complete the necessary contract letting documents(Plans, Specifications and Estimates)and construction for the relocation of Nebraska Highway 11 at a location sauth and west of the City and the pedestrian overpass near East Street. B. 7he State's District Engineer will notify the City and the County of the completion and acceptance by the State of the relocated Nebraska Highway 11 and pedestrian overpass. Upon being notified,the City will invoice the Stat�for the agreed amount of$82,000. Upon being notified,the County will invoice the State for the agreed amount of$104,000. The State will make every reasonabl�effort to make this payment to the City and the County within thirty days. C. The Parties agree that upon payment,and pending filing of the Relinquishment Instrument with Hall County Register of Deeds,the responsibility for the design, construction, reconstruction, operation,and maintenance of the relinquished segments will be the Gity and County for their respective areas. Project Nn. STPD-STPN-TM7-11-2(114) -2- Supplemental No. 2 Control No.42032 Agreement No. 5L0403 Wood River West