2008-073-RES approving and authorizing the execution of a joint use agreement between the State of Texas, actiong by and through the Texas Department of Transportation and the City of Paris for he Trail de Paris overpass project;

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Joint Use Agreement THE STATE OF TEXAS COUNTY OF LAMAR County: Lamar Highway: US 271 Project: Trail de Paris Overpass WHEREAS, the State of Texas, hereinafter called the State, acting by and through the Texas Department of Transportation, maintains National Highway System (NHS) route US 271 and is responsible for ensuring that this route continues to be maintained for the safe, effective and efficient movement of people and goods; and WHEREAS, the City of Paris, herein after called the Owner, owns the Trail de Paris, a multi-use all-season asphalt pavement trail which begins at 12`h Street SE and extends to US 271, and which it desires to extend eastward by constructing a pedestrian overpass of US 271 in accordance with the plans attached hereto. NOW THEREFORE, it is hereby mutually agreed that joint usage for both highway and Trail de Paris project purposes will be made of the area within the overpass limits as such area is defined and to the extent indicated on the aforementioned plans. Where Owner by reason of right by law has the right to construct'facilities located within the area above described, 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 agees 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 to prescribe such regulation as necessary for the protection of the highway facility and the traveling public using said highway. Additionally, the Owner will ensure that the attached Facility Restrictions are continually maintained. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize properly damage and loss of investment, the Owner at their own responsibility and risk will make necessary emergency repairs, notifying the State 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. In the event the Owner fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. IN WITNESS WHEREOF, the parties have affixed their signatures. Owner: The City of Paris State: Texas Department of Transportation Kevin Carruth City Manager, City of Paris P.O. Box 9037 Paris, Texas 75461-9037 Date Bobby G. Littlefield, Jr., P.E. District Engineer, TacDOT 1365 N. Main Street Paris, Texas 75460 Date EXHIBfTA