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07-D ROW Closure-Pumpkin Festiv
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07-D ROW Closure-Pumpkin Festiv
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Last modified
8/29/2012 4:23:07 PM
Creation date
9/17/2004 10:45:55 AM
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AGENDA
Item Number
07-D ROW Closure
AGENDA - Type
RESOLUTION
Description
ROW Closure for the 2004 Festival of Pumpkins
AGENDA - Date
9/22/2004
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G ( 1 <br />Agreement No. <br />The description of the Event, including the proposed schedule of start and stop times, <br />approximate number of people attending the Event, and equipment involved shall be <br />attached hereto and identified as "Exhibit C." <br />Article 3. OPERATIONS OF THE EVENT <br />A. The City shall assume all costs for the operations associated with the Event, to include <br />but not limited to, plan development, materials, labor, public notification, providing protective <br />barriers and barricades, protection of highway traffic and highway facilities, and all traffic <br />control and temporary signing. <br />B. The City shall submit to the State for review and approval the construction plans, if <br />construction or modifications to the State's right-of-way is required, the traffic control and <br />signing plans, traffic enforcement plans, and all other plans deemed necessary by the State. <br />C. The City will not initiate closure prior to 24 hours before the scheduled Event and all <br />barriers and barricades will be removed and the highway reopened to traffic within 24 hours <br />after the completion of the Event. <br />D. The City will provide adequate enforcement personnel to prevent vehicles from stopping <br />and parking along the main lanes of highway right-of-way and otherwise prevent interference <br />w+th #he main Iane tra#fc by bot-h vehicles and pedestfians. The Ci#y wi14 prepare a traffEc <br />enforcement plan, to be approved by the State in writing at least 48 hours prior to the <br />scheduled Event. Additionally, the City shall provide to the State a letter of certification from <br />the law enforcement agency that will be providing traffic control for the Event, certifying that <br />they agree with the enforcement plan and will be able to meet its requirements. <br />E. The City hereby assures the State that there will be appropriate passage allowance for <br />emergency vehicle travel and adequate access for abutting property owners during <br />construction and closure of the highway facility. These allowances and accesses will be <br />included in the City's traffic control plan. <br />F. The City will avoid or minimize damage, and will, at its own expense, restore or repair <br />damage occurring outside the State's right-of-way and restore or repair the State's right-of- <br />way, including roadway and drainage structures, signs, and pavement, etc. to a condition <br />equal to that existing before the closure, and, to the extent practicable, restore the natural <br />environment, including landscape features. <br />Article 4. OWNERSHIP OF DOCUMENTS <br />Upon completion or termination of this agreement, all documents prepared by the City wili <br />remain the property of the City. All data prepared under this agreement shall be made <br />available to the State without restriction or limitation on their further 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 City under this agreement. If the potential termination of this <br />agreement is due to the failure of the City to fulfill its contractual obligations as set forth <br />herein, the State will notify the City that possible breach of contract has occurred. The City <br />TRF - TEA30 Page 2 of 7 Rev. 9/9/03 <br />CLOSURE (Incorporated) <br />
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