1125 ORD COMBINATION, CONSTRUCTION, RECONSTRUCTION AND MAINTENANCE

Home Browse Search

I► AdUk Ilbk The City agrees to execute all work, either construction or maintenance, at its own cost and expenae, shcwn on the plans, which is or may be indicated on such plans as the responsibility of the City. The City agrees to indemnify the State against any and all damages and cl.aims for damage to adjoining, abutting or ether property for which the State is or may be liable arising out of, incident to or in any way connected with the installa- tion, the construction, the existenee, the use and/or maintenance of euch stroet project and doea hereby agree to indemnify the State against any and all court costs, attorneys' fees and al1 expenges in connection with suits for euch damage and shall, if requested to do so in writing, assist or relieve the State from defending any such suits brought against it. Nothing herein contained shall be cnngtrued to place upon the State any ma,nner of liability for injury to or dea,th of persons or for da,mage to or loss of property arising out of or in any manner connected with the maintenance or use of the street project and the City will save the State harmless from any damages arising from said maintenance and/or use of said street pro,ject. It is understood and agreed between the parties hereto that the City by virtue of the provisions of its charter and the laws of the State of Texas haa exclusive control of and jurisdiction over all streets and public ways within the incorporate d limits of such city and that the City has requested and consented to the conetruction of the above street project hereinabove na,med and the State in the construction of the above street project does go at the epecial instance and request of the City. The location, P~rades and manner of construction snown on the plans attached hereto and marked "Exhibit A" are. made a part hereof. In case of conflict between this agreement and said plans, the p]ans ehall govern. Nothing in this agreement shall be ronstrued to place any liability on the City for personal injury arieing out of the construction of such street project. It is understood and agreed between the parties hereto that all obligation of the State, created herein, to maintain the hereinabove described street proj- ect shall end and terminate i#' and when the State shall abandon; cancel or re- locate such designation. It is further understood and agreed betwee-n the parties hereto that the improvement and/or ma,intenance of the above project by the State is for the sole purpose of providing the travelling public a more a daquate travel facility and ghall never ba the laaasis of any claim for State aesumption, or participation in the payment, of any of the obligations of the City incurred in the improvement, past or present, of any street project. 5-45-937 3 D-8