2005-031-RES JOINT USE AGREEMENT WITH THE TEXAS DEPT OF TRANSPORTATION RELATED TO THE 20TH

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Texas Department of Transportation Page 1 of2 Joint Use Agreement (Non-Controlled Access Highway) THE STATE OF TEXAS COUNTY OF LAMAR County: C-S: Highway: Project: Lamar 0730-02 FM 195 Turn lane at Pine Bluff and 20" St NE (FM 195) WHEREAS, the State of Texas, hereinafter called the State, acting by and through the Texas Department of Transportation, proposes to make certain highway improvements on that section of the above-indicated highway: to wit the construction and continued operation of dedicated turn lanes along FM 195 at Pine Bluff Street, thereby widening the existing pavement onto property which is owned solely by the City of Paris, including the construction and continued operation ofa traffic signal (including the signal controller and required accessory items) at this intersection; and WHEREAS, the City of Paris. herein after called the Owner, proposes to retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated on the plans and sketches attached hereto; NOW THEREFORE, it is hereby mutually agreed that joint usage for both highway and Owner purposes will be made of the area within the highway right of way limits as such area is defmed and to the extent indicated on the aforementioned plans and sketches, Where Owner by reason of right by law has the right to alter, modify or add facilities presently located within the area above described or construct additional facilities therein, such right is hereby retained, provided, however, if existing facilities are to be altered or modified or new facilities constructed within said area the Owner agrees to notify the Texas Department of Transportation prior thereto, to furnish necessary sketches showing location, type of construction and methods to be used for protection of traffic, and if, in the opinion of the Texas Department of Transportation, such alteration, modification or new construction will injure the highway or endanger the traveling public using the highway, the Texas Department of Transportation shall have the right, after receipt of such notice, to prescribe such regulation as necessary for the protection of the highway facility and the traveling public using said highway; provided further, however, that such regulations shall not extend to the requiring ofthe placement of intended overhead lines underground or the routing of any facilities outside of the area of joint usage above described, In the event ofan emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, either party hereto may at their own responsibility and risk make necessary emergency repairs, notifying the other party hereto of this action as soon as is practical. Participation in actual costs incurred by the Owner for any future adjustment, removal or relocation of the facilities required by highway construction shall be in accordance with and to the extent possible under applicable laws of the State of Texas, Except as expressly provided herein, (1) the Owner's rights of access to the through-traffic roadway shall be subject to the same rules and regulations as apply to the general public, and (2) the Owner and the State, by execution of this agreement, do not waive or relinquish any right which they may have under the law or Constitution, State or Federal. EXHIBIT A