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2023-010 - Approving and Authorizing the Execution of an Amended Agreement with TxDOT for the Temporary Closure of State Right-Of-Way in support of the 2023, 2024, 2025, 2026 and 2027 Steak Wars Festival
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2023-010 - Approving and Authorizing the Execution of an Amended Agreement with TxDOT for the Temporary Closure of State Right-Of-Way in support of the 2023, 2024, 2025, 2026 and 2027 Steak Wars Festival
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Cs7 # <br />District # <br />Code Chart 64 # <br />Project: <br />soon as possible for the appropriate action, and failing to follow the traffic control plan or <br />State instructions may result in a denial of future use of the right of way for three years. <br />E. The local government will not initiate closure prior to 24 hours before the scheduled Event <br />and all barriers and barricades will be removed and the highway reopened to traffic within 2 <br />hours after the completion of the Event. <br />F. The local government will provide adequate enforcement personnel to prevent vehicles <br />from stopping and parking along the main lanes of highway right of way and otherwise <br />prevent interference with the main lane traffic by both vehicles and pedestrians. The local <br />government will prepare a traffic enforcement plan, to be approved by the State in writing at <br />least 48 hours prior to the scheduled Event. Additionally, the local government shall provide <br />to the State a letter of certification from the law enforcement agency that will be providing <br />traffic control for the Event, certifying that they agree with the enforcement plan and will be <br />able to meet its requirements. <br />G. The local government hereby assures the State that there will be appropriate passage <br />allowance for emergency vehicle travel and adequate access for abutting property owners <br />during construction and closure of the highway facility. These allowances and accesses will <br />be included in the local government's traffic control plan. <br />H. The local government will avoid or minimize damage, and will, at its own expense, restore <br />or repair damage occurring outside the State's right of way and restore or repair the State's <br />right of way, including, but not limited to, roadway and drainage structures, signs, overhead <br />signs, pavement markings, traffic signals, power poles and pavement, etc. to a condition <br />equal to that existing before the closure, and, to the extent practicable, restore the natural <br />and cultural environment in accordance with federal and state law, including landscape and <br />historical features. <br />Article 4. OWNERSHIP OF DOCUMENTS <br />Upon completion or termination of this agreement, all documents prepared by the local <br />government will remain the property of the local government. All data prepared under this <br />agreement shall be made available to the State without restriction or limitation on their further <br />use. <br />Article 5. TERMINATION <br />A. This agreement may be terminated by any of the following conditions: <br />(1) By mutual written agreement and consent of both parties. <br />(2) By the State upon determination that use of the State's right of way is not <br />feasible or is not in'the best interest of the State and the traveling public. <br />(3) By either party, upon the failure of the other party to fulfill the obligations as set <br />forth herein. <br />(4) By satisfactory completion of all services and obligations as set forth herein. <br />B. The termination of this agreement shall extinguish all rights, duties, obligations, and <br />liabilities of the State and local government under this agreement. If the potential termination <br />of this agreement is due to the failure of the local government to fulfill its contractual <br />obligations as set forth herein, the State will notify the local government that possible breach <br />of contract has occurred. The local government must remedy the breach as outlined by the <br />State within ten (10) days from receipt of the State's notification. In the event the local <br />government does not remedy the breach to the satisfaction of the State, the local government <br />TRF -TRF TEA30_MultiYrAgrmnt Page 3 of 9 02/13/2023 <br />CLOSURE (Incorporated) Multi -Year <br />
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