Common use of County Obligations Clause in Contracts

County Obligations. i. Within one (1) year following the execution of this Agreement or the Contributed Funds Agreement, whichever comes last, the County shall at the County’s expense submit to the BIA applications for ROWs for all of the CMRs. The ROW applications shall comply with 25 CFR Part 169, including but not limited to identifying the Pueblo Lands affected by the ROWs, maps of definite location for each and every ROW, and the ownership of any permanent improvements associated with the ROWs. The County agrees to prepare, execute, and submit to the BIA such further documents as may be required by the BIA to grant the ROWs under 25 CFR Part 169. The Pueblo and the County may agree in writing to extend the County’s deadline for submitting the ROW applications to the BIA. ii. The County’s ROW applications shall request the Secretary grant ROWs for the County-Maintained Roads that include the following terms and conditions: 1. The ROWs shall be for a proposed term of ninety-nine (99) years, with a renewal term of ninety-nine (99) years, not subject to further BIA approval, but subject to the provisions of Section 2(B)(3) of this Agreement regarding the FMV Adjustment Payment; provided, however, that if a dispute arises regarding the FMV Adjustment Payment, the Parties shall commence dispute resolution and the ROWs shall be renewed and thereafter remain in effect until the expiration of their second ninety-nine (99) year term or this Agreement is duly terminated, whichever occurs first. . 2. The width of the ROWs on Pueblo Land shall be the existing driving surface of the CMRs as of the date of this Agreement, plus four (4) feet on each side of the existing driving surface (“Standard ROW Width”); provided, however, that where the Standard ROW Width would encroach on Private Land or Pueblo Land that the Pueblo has assigned (“Assigned Pueblo Land”), the actual ROW width shall extend to the boundary of the Private Land or Assigned Pueblo Land. 3. The primary purpose of the ROWs shall be operating and maintaining Public Roads, which shall include the right of access to manage vegetation, inspect, maintain and repair equipment, and to conduct such other activities as may be necessary or appropriate to operate and maintain a Public Road. Construction shall be the secondary purpose of the ROWs, which shall be subject to the provisions of Section 3(D)(vii) below. iii. The County shall at its expense survey the County-Maintained Roads and develop accurate legal descriptions to include in its ROW applications to BIA. In addition, the County shall place survey caps at agreed-upon locations every five hundred (500) feet along both sides of the CMRs. iv. The County shall reimburse the Pueblo $50,000 for costs incurred by the Pueblo for the survey work by Precision performed for purposes of surveying the CMRs. v. The County agrees to maintain throughout the term of the ROW general liability insurance or, at its option, sufficient self-insurance for the Maintenance of the CMR.

County Obligations. i. Within one (1) year following the execution of this Agreement or the Contributed Funds Agreement, whichever comes last, the County shall at the County’s its expense submit to the BIA applications a ROW application for ROWs for all of the CMRs. The ROW applications CMR 00-X. Xxx XXX application shall comply with the requirements of 25 CFR C.F.R. Part 169, including but not limited to to, identifying the Pueblo Lands affected by the ROWsROW, maps of definite location for each and every the ROW, and the ownership of any permanent improvements associated with the ROWsROW. The County agrees to prepare, execute, and submit to the BIA such further documents as may be required by the BIA to grant the ROWs ROW under 25 CFR C.F.R. Part 169. The Pueblo and the County may agree in writing to extend the County’s one (1) year deadline for submitting the ROW applications application to the BIA. ii. The County’s ROW applications application shall request the Secretary grant ROWs for the County-Maintained Roads that include incorporate the following terms and conditionsspecific terms: 1. The ROWs proposed term of the ROW shall be for a proposed term of ninety-nine (99) years, with a an automatic renewal term of ninety-nine (99) years, not subject to further BIA approval, but subject to the provisions of Section 2(B)(3) of this Agreement regarding the FMV Adjustment Payment; provided, however, that if a dispute arises regarding the FMV Adjustment Payment, the Parties shall commence dispute resolution and the ROWs shall be renewed and thereafter remain in effect until the expiration of their second ninety-nine (99) year term or this Agreement is duly terminated, whichever occurs first. . 2. The width of the ROWs on Pueblo Land ROW shall be the existing driving surface of the CMRs CMR on Pueblo Land as of the date of this Agreement, plus four (4) feet on each side of the existing driving surface (“Standard ROW Width”); provided, however, that where the Standard ROW Width would encroach on Private Land or Pueblo Land that the Pueblo has assigned (“Assigned Pueblo Land”), the actual ROW width shall extend to the boundary of the Private Land or Assigned Pueblo Land. 3. The primary purpose of the ROWs ROW shall be operating and maintaining a Public RoadsRoad, which shall include the right of to access to manage vegetation, inspect, maintain and repair equipment, and to conduct such other activities as may be necessary or appropriate to operate and maintain a Public Road. Construction shall be the identified as a secondary purpose of the ROWsROW, which shall be subject to the provisions of Section 3(D)(vii) 3(D)(vi), below. iii. The County shall at its expense survey the County-Maintained Roads CMR and develop an accurate legal descriptions description to include in its ROW applications application to BIA. In addition, the County shall place survey caps at agreed-upon locations every five hundred (500) feet along both sides of the CMRsCMR. iv. The County shall reimburse the Pueblo $50,000 for costs incurred by the Pueblo for the survey work by Precision performed for purposes of surveying the CMRs. v. The County agrees to maintain throughout the term of the ROW general liability insurance or, at its option, sufficient self-insurance for the Maintenance of the CMR.

County Obligations. i. Within one (1) year … [TBD] … following the execution of this Agreement or the Contributed Funds Agreement, whichever comes last, the County shall at the County’s expense submit to the BIA applications for ROWs for all of the CMRs. … [TBD] … The ROW applications shall comply with 25 CFR Part 169, including but not limited to identifying the Pueblo Lands affected by the ROWs, maps of definite location for each and every ROW, and the ownership of any permanent improvements associated with the ROWs. The County agrees to prepare, execute, and submit to the BIA such further documents as may be required by the BIA to grant the ROWs under 25 CFR Part 169. The Pueblo and the County may agree in writing to extend the County’s deadline for submitting the ROW applications to the BIA. ii. The County’s ROW applications shall request the Secretary grant ROWs for the County-Maintained Roads that include the following terms and conditions: 1. The ROWs shall be for a proposed term of ninety-nine (99) years, with a renewal term of ninety-nine (99) years, not subject to further BIA approval, but subject to the provisions of Section 2(B)(3) of this Agreement regarding the FMV Adjustment Payment; provided, however, that if a dispute arises regarding the FMV Adjustment Payment, the Parties shall commence dispute resolution and the ROWs shall be renewed and thereafter remain in effect until the expiration of their second ninety-nine (99) year term or this Agreement is duly terminated, whichever occurs first. …[TBD] …. 2. The width of the ROWs on Pueblo Land shall be the existing driving surface of the CMRs as of the date of this Agreement, plus four (4) feet on each side of the existing driving surface (“Standard ROW Width”); provided, however, that where the Standard ROW Width would encroach on Private Land or Pueblo Land that the Pueblo has assigned (“Assigned Pueblo Land”), the actual ROW width shall extend to the boundary of the Private Land or Assigned Pueblo Land. 3. The primary purpose of the ROWs shall be operating and maintaining Public Roads, which shall include the right of access to manage vegetation, inspect, maintain and repair equipment, and to conduct such other activities as may be necessary or appropriate to operate and maintain a Public Road. Construction shall be the secondary purpose of the ROWs, which shall be subject to the provisions of Section 3(D)(vii) below. iii. The County shall at its expense survey the County-Maintained Roads and develop accurate legal descriptions to include in its ROW applications to BIA. In addition, the County shall place survey caps at agreed-upon locations every five hundred (500) feet along both sides of the CMRs. iv. The County shall reimburse the Pueblo $50,000 for costs incurred by the Pueblo for the survey work by Precision performed for purposes of surveying the CMRs. v. The County agrees to maintain throughout the term of the ROW general liability insurance or, at its option, sufficient self-insurance for the Maintenance of the CMR.