2011-092 RES APPROVING LANDSCAPE PARTNERSHIP PROGRAM AGREEMENT BETWEEN THE CITY AND TXDOT

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F. It is expressly understood that the State does not purport hereby to grant any right, claim, title or easement in or upon this State property. ARTICLE 3. PROJECT FUNDING A. The Local Government is responsible for 100% of the cost of designing, constructing and maintaining the landscape project. State funds shall not be made available to contribute to the design, construction, or maintenance of this project under any circumstances. B. Any costs incurred by the State for repairs to the State Property, for removal of debris or any other necessary restoration work as a result of the project shall be billed to the Local Government at cost. The Local Government shall make full and complete payment to the State within thirty (30) days from receipt of State's written notification. ARTICLE 4. REPRESENTATIONS AND WARRANTIES A. The Local Government represents and warrants that it has unrestricted and full use of any materials and items described in Attachment A and that by signing this agreement it relinquishes and transfers all rights and interest in and use to the State. B. The Local Government acknowledges that while it is not an agent, servant, nor employee of the State, it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. ARTICLE 5. MAINTENANCE Upon completion of the installation of the Project, the Local Government will assume responsibility for the maintenance of the completed Project. ARTICLE 6. RIGHT OF ACCESS A. The State shall permit the Local Government access to the site to perform any activities required to execute the work. The Local Government shall provide for all necessary right of way needed for performance of the work on sites not owned or to be acquired by the State. B. Ingress and egress shall be allowed at all times for Federal and HighwayAdministration personnel and state employees and equipment when highway maintenance operations are necessary and for inspection purposes. C. This agreement does not give the Local Government any right to display or permit any other party to display literature, memorabilia, artifacts, or anything else in or around the landscape project, with the exception of the project itself. The Local Government shall follow all current TxDOT rules, polices, procedures, and regulations, which may be modified by TxDOT at any time without notice. ARTICLE 7. CONDITION OF THE PROPERTY A. The Local Government shall construct the landscape project in strict conformity to the design as approved by the State. The Local Government shall not deposit any waste products on the premises and shall remove any materials and debris from the premises at the end of the construction of the landscape project. Construction of the landscape project shall pose no danger or interfere to the traveling public. The State may halt construction of the landscape project at any time if, in its sole judgment, construction is posing a danger to the traveling public. B. The Local Government shall avoid damage on or outside the State property. At the State's request, the Local Government shall, at its own expense, restore or repair damage occurring on or outside State property, including but not limited to roadway and drainage structures, overhead signs, signs, traffic signals, pavement markings, and pavement to a condition equal to that existing before the project, and restore the natural and cultural environment in accordance with federal and state laws, including landscaping and historical features. ARTICLE 8. UTILITIES A. If the required right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the Local Government shall be responsible for determining the scope of utility work and notify the appropriate utility company to schedule adjustments. B. The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. This includes, but is not limited to: 43 TAC §15.55 relating to Construction Cost Participation; 43 TAC §21.21 relating to State Participation in Relocation, Adjustment, and/or Removal of Utilities; and, 43 TAC§ 21.31 et seq. relating to Utility Accommodation. The Local Government shall be responsible for all costs associated with additional adjustment, removal, or relocation during the construction of the project, unless this work is provided by the owners of the utility facilities per agreement or per all applicable statutes or rules. Land sca pe-Partners h i p_Govt Page 2 of 8 Rev. 01/22/08