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<br />WHEREAS, it is mutually agreeable between the State and Local Government for <br />ownership of the Historic Bridge to be reassigned to the Recipient for preservation in <br />accordance with the Historic Bridge Program; and <br /> <br />WHEREAS, the governing body of the Local Government has approved entering into <br />this Agreement by resolution or ordinance which is attached hereto and made a part <br />hereof as Attachment B 1-Resolution/Ordinance of Local Government - and the <br />Recipient has also approved entering into this Agreement by resolution or ordinance <br />which is attached hereto and made a part hereof as Attachment B2- <br />Resolution/Ordinance of the Recipient. <br /> <br />WHE,REAS, the Recipient submitted a proposal to the State to preserve the Historic <br />Bridge under the provisions of the Historic Bridge Program; and <br /> <br />WHEREAS, the Recipient's proposal is acceptable to the State and is included as a part <br />of this agreement as Attachment C. <br /> <br />AGREEMENT <br /> <br />NOW, THEREFORE, in consideration of the premises and of the mutual covenants and <br />agreements of the parties hereto to be by them respectively kept and performed as <br />hereinafter set forth, it is agreed as follows: <br /> <br />Article 1. Period of this Agreement <br /> <br />This Agreement becomes effective when signed by the last party whose signing <br />makes the Agreement fully executed. This Agreement shall remain in effect until <br />terminated as provided in Article 2. <br /> <br />Article 2. Termination <br /> <br />A. This Amendment may be terminated by any of the following conditions: <br /> <br />1. By mutual agreement and consent of all parties or by any party, upon thirty (30) <br />days written notice to the other parties. <br /> <br />2. By the State giving written notice to the Recipient as a consequence of <br />Recipient's failure to satisfactorily perform the responsibilities and obligations set <br />forth in this Amendment. Proper allowance will be made for circumstances <br />beyond the control of the Recipient, as determined by the State. The Recipient <br />will be afforded thirty (30) days to remedy the breach as outlined by the State. <br /> <br />Where termination is required due to failure of the Recipient to perform its agreed <br />to responsibilities and obligations, the State may move the Historic Bridge to a <br />temporary site or take other action without further consultation with the Recipient. <br /> <br />Bridge - HB3PartyA <br />Modified 8/19/03 <br /> <br />Page 2 of 6 <br /> <br />Bridge Division <br />8-2001-30ff-SPL <br />