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2004-166-RES APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY RESOLUTION NO. 2004-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT- OF- WAY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of February, 1996, in Resolution No. 96-013, amend City of Paris policy to allow for the closure or use of any street in connection with a special event upon approval of detailed plans by the Special Events Committee; and, WHEREAS, allowing the use of Grand A venue from the east boundary line of 2nd Street S.W., east along Grand Avenue and continuing thereon as the street becomes Clarksville Street, to the west boundary line of pt S.E. Street; Bonham Street from the east boundary line of 2nd Street N. W., east along Bonham Street and continuing thereon as the street becomes Lamar Avenue, to the west boundary line of pt N.E. Street; 1st Street (RH. 19/24) from the north boundary line of W. Kaufman Street to the south boundary line of W. Houston Street; and Main Street (RH. 19/24) from the north boundary line ofE. Kaufman Street to the south boundary line ofE. Houston Street for the 2004 Festival of Pumpkins serves a public purpose in that such event will bring a substantial amount of business to the City of Paris and to the downtown area, in particular, and it is deemed appropriate that the temporary closure of said streets be authorized, subject to final approval of detailed plans by both the Special Events Committee and the State of Texas; and, WHEREAS, in order to effect said closure, it is necessary for the City of Paris to enter into an Agreement for the Temporary Closure of State Right-of-Way with the State of Texas, and the form of said agreement, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the fmdings set out in the preamble to this resolution are hereby in all things approved. Section 2. That it is determined that the use of Grand A venue from the east boundary line of 2nd Street S. W., east along Grand A venue and continuing thereon as the street becomes Clarksville Street, to the west boundary line of pi S.E. Street; Bonham Street from the east boundary line of 2nd Street N. W., east along Bonham Street and continuing thereon as the street becomes Lamar Avenue, to the west boundary line of 1st N.E. Street; 1st Street (B.H. 19/24) from the north boundary line of W. Kaufman Street to the south boundary line of W. Houston Street; and Main Street (B.H. 19/24) from the north boundary line of E. Kaufman Street to the south boundary line of E. Houston Street for the 2004 Festival of Pumpkins serves a public purpose; therefore, the temporary closure of said streets for such event be, and the same is hereby, authorized, subject to ftnal approval of detailed plans by both the Special Events Committee and the State of Texas. Section 3. That the form of the Agreement for the Temporary Closure of State Right-of- Way, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the City Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Agreement for the Temporary Closure of State Right-of-Way, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 5. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 22nd day of(~ePte~~er, 2~. \ ' / \ ""-. _\..L c> - ~ ATTEST: iJhJu:wJ ~ Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: .., Agreement No. 1 STATE OF TEXAS COUNTY OF TRAVIS i i AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Dep'artment of Transportation, hereinafter called the "State," and the City of P~r1S , a municipal corporation, acting by and through its duly authorized officers, hereinafter called the "City." WITNESSETH WHEREAS, the State owns and operates a system of highways for public use and benefit, including" 19-24, 271, 82 , in' Lamar , County; and WHEREAS, the City has requested the temporary closure of Business 271, 82, 19..;24 , for the purpose of Clty FestlVa 1 Festival of Pumpkins ,as described in the attached "Exhibit A," hereinafter identified as the "Event;" and WHEREAS, the Event will be located within the City's incorporated area;; and WHEREAS, the State, in recognition of the public purpose of the Event, wishes to cooperate with the City so long as the safety and convenience of the traveling public. is ensured and that the closure of the State's right-of-way will be performed within the State's requirements; and WHEREAS, on the _ day of , 20 , the City Council passed Resolution I Ordinance No. , attached hereto and identified as "Exhibit B," establishing that the Event serves a public purpose and authorizing the City to enter into this agreement with the State; and WHEREAS, 43 Tex. Adm. Code, Section 22.12 establishes the rules and procedures for the temporary closure of a segment of the State highway system; and , WHEREAS, this agreement has been developed in accordance with the rules and procedures of 43 Tex. Adm. Code, Section 22.12; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT Article 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Event or unless terminated or modified as hereinafter provided. Article 2. EVENT DESCRIPTION TRF - TEA30 CLOSURE (Incorporated) Page 1 of 7 EXHIBIT .A. Rev. 9/9/03 I . . to Agreement No. The description of the Event, including the proposed schedule of start and stop times, approximate number ot people attending the Event, and equipment involved shall be attached hereto and identified as "Exhibit C." Article 3. OPERATIONS OF THE EVENT A. The City shall assume all costs for the operations associated with the Event, to include but not limited to, plan development, materials, labor, public notification, providing protective barriers and barricades, protection of highway traffic and highway facilities, and all traffic control and temporary signing. B. The City shall submit to the State for review and approval the construction plans, if construction or modifications to the State's right-ot-way is required, the traffic control and signing plans, traffic enforcement plans, and all other plans deemed necessary by the State. C. The City will not initiate closure prior to 24 hours before the scheduled Event and all barriers and barricades will be removed and the highway reopened to traffic within 24 hours after the completion of the Event. D. The City will provide adequate enforcement personnel to prevent vehicles from stopping and parking along the main lanes of highway right-of-way and otherwise prevent interference with the main lane traffic by bot-h vehicles and pedestrians. The City wil-l prepare a traffic enforcement plan, to be approved by the State in writing at least 48 hours prior to the scheduled Event. Additionally, the City shall provide to the State a letter ot certification from the law enforcement agency that will be providing traffic control for the Event, certifying that they agree with the enforcement plan and will be able to meet its requirements. E. The City hereby assures the State that there will be appropriate passage allowance for emergency vehicle travel and adequate access for abutting property owners during construction and closure of the highway facility. These allowances and accesses will be included in the City's traffic control plan. F. The City will avoid or minimize damage, and will, at its own expense, restore or repair damage occurring outside the State's right-of-way and restore or repair the State's right-of- way, including roadway and drainage structures, signs, and pavement, etc. to a condition equal to that existing before the closure, and, to the extent practicable, restore the natural environment, including landscape features. Article 4. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City will remain the property of the City. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. Article 5. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By the State upon determination that use of the State's right-of-way is not feasible or is not in the best interest of the State and the traveling public. (3) By either party, upon the failure of the other party to fulfill the obligations as set forth herein. (4) By satisfactory completion of all services and obligations as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The City TRF - TEA30 Page 2 of 7 Rev. 9/9/03 CLOSURE (Incorporated) , ~ Agreement No. must remedy the breach as outlined by the State within ten (10) days from receipt of the State's notification. In the event the City does not remedy the breach to the satisfaction of the State, the City shall be liable to the State for the costs of remedying the breach and any additional costs occasioned by the State. Article 6. DISPUTES Should disputes arise as to the parties' responsibilities or additional work under this' agreement, the State's decision shall be final and binding. Article 7. INDEMNIFICATION To the extent permitted by law, the City shall indemnify and save harmless the State, its officers, employees, agents and contractors from all claims and liabilities due to the activities of the City, its officers, employees, agents and contractors performed under this agreement which result from an error, omission or negligent act of the City, its officers, employees, agents or contractors. Additionally, to the extent permitted by law, the City shall save harmless the State, its officers, employees, agents and contractors from any and all expenses, including attorney's fees and court costs which may be incurred by the State in litigation Of otherwise resisting said claim or liabUities which m~ght be rnposed on the State as the result of such activities by the City, their officers, employees, agents or contractors. Article 8. INSURANCE A. Prior to beginning any work upon the State's right-of-way, the City and/or its contractors shall furnish to the State a completed "Certificate of Insurance" (TxDOT Form 1560, latest edition) and shall maintain the insurance in full force and effect during the period that the City and/or its contractors are encroaching" upon the State right-of-way. B. In the event the City is a self-insured entity, the City shall provide the State proof of its self-insurance. The City agrees to pay any and all claims and damages that may occur during the period of this closing of the highway in accordance with the terms of this agreement. Article 9. AMENDMENTS , Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State. Article 10. COMPLIANCE WITH LAWS The City shall comply with all applicable federal, state and local environmental laws, regulations, ordinances and any conditions or restrictions required by the State to protect the natural environment and cultural resources of the State's right-of-way. Article 11. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 12. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the TRF - TEA30 Page 3 of 7 Rev. 9/9/03 CLOSURE (Incorporated) I . " Agreement No. following respective addresses: City: City of Paris P.O. Box 9037 Paris, TX 75461-9037 State: Texas Department of Transportation All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. Article 13. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. IN TESTIMONY WHEREOF I the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF Executed on behalf of the City by: By City Official Typed or Printed Name and Title Date ATTEST: By Date City Secretary THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date District Engineer TRF - TEA30 CLOSURE (Incorporated) Page 4 of 7 Rev. 9/9/03 I I Exhibit A . Agreement No. See Traffic Control Plan on next paqe TRF - TEA30 CLOSURE (Incorporated) . Page 5of7 Rev. 9/9/03 ~ r;;;;;; !..:. J!.. CHER~~ ~ ~, ~E' CHERRY ~ '" .... . oJ v E. oHERRr ~ _ _ . c ~ Z N ~ z' ~ .. - z ~- ';) . 5 I ..); n- \...1 - - IJ- --y~" 11lP_...1 ~. ~ GR ~. -- -- ~...... ~ _ ~HAM JI 'l!! -1"1.111..1 ~.......- _ '--I"" ~ -iC- - -.. ~ . _ '=:---J l.?~ . ; UIlHT (('!1" r"" "-. -- .::. ~I(#~""":"'~ ......... UIlHT (- ~ = '-- I-::- I '" . <1'-~ '" -; ... '" :. '" _ _ ~ z ",. - z z...... z ::;;:: · .-. I--~ ~I:~I.~; ~ CJ.HUS IL ~LJ! 10: ~ -;~~~ = . ~ I~ ~ ".I ~. II ~ -~. ~t; [I:J lie (BUSINESS 2 W ~J ~ ~.~ ~ -- DL-J I~GEJ l,.....oJ.. 7: "" . F" ""l!Im- " .., - i:--.::. ---" - ,_. '" .... ~ '" IIiT - ~~, II~ ('&::ri,) ~ -:'-/- i1CEJ 0 ~..T - ~ '" --... GRAND (BUSlNESS 82) ... - I -1"'-" ~ -- - ~ W. KAUFMAN I = ,.... 5 . zOI I~ II') (/) - w W- < . C3El Iii. AUSTIN - :; " : ,'" ~ ~ 3<! _ o.M1STI~' ~ ~~ iii 5 '0 ~ 1-- (/). ~ ~.l=: c ~ ,., N ~l" ' 11- IL- I II -1'-- I _ ~ ..-f~ fC!'!!:11: @)!!' J!!M/I1:!j1 ~ ~......__....~ Ul W. CHERRY :&! ~z ~ - 01 N W!E s f---J L ~ \ ,"--W. BRAME :&!f iii ~ CHISM ~I ~ .~!. W. WASHINGTON J f ~ iii .s:: - 01 === - /I :L y- ='1 I~ I W. CHERRY - If ; = .....JJ..... BRAME ---.;; ~ iii ~ - co :&! iii ~ ;: I I- .- .. - II I r - II - - tj - .. - :I: U a:: ::> :I: u LJ iii '0 ,l; - iii "-- I -II~. SHERMAN I -;;: ~ 01 ... I B.,., E. SHERMAN I~ I ~. ....... ~ ~ 01 ~ ~ - ~ ~ ~'7~1~:A"E i:=; I') ~ _ ~ zlQ I ~~; J 1 ~~~ W WASHINGTON ~ ' ~~ II!, - I ~.~ Ir-~ ..JjEARON - TRAFFIC CONTROL PLAN ..' t... Exhibit B TRF - TEA30 CLOSURE (Incorporated) Page 6 of? Agreement No. Rev. 9/9/03 IT Agreement No. Exhibit C ) . 2004 Fqnrth Annual Festival of Pumpkins - for the entire family to enjoy. Friday, October 22- John Anderson performing live on the Quintana Honda music stage at 8 pm. Starting Saturday, October 23, at 10 a.m. activities to include: petting zoos, train ride, fishing in the fountain, Home Depot Kids Workshop, Scarecrow Festival contest, Cutest Little Pumpkin Contest, Pumpkin Golf, 'Pumpkin Bowling, Diaper Derby, rock climbing, various arts and crafts vendors and food vendors. In addition, a Sanction BBQ will be held at the Market Square on Saturday, October 22 and will be sponsored by the V &CC. APPROXIMATE START AND STOP TIMES OF THE EVENT: Friday, October 22 (6pm -10 pm); Saturday, October 23 (lOam - 4pm) , DATES UPON WHICH AND HOURS DURING WHICH CLOSURE OR USE IS REQUESTED: Friday, October 22: 10a.m. - Saturday, October 23,2004 at 6:00 p.m. APPROXIMATE NUMBER OF PEOPLE EXPECTED TO ATIEND THE EVENT: 8000 TRF .:. TEA30 CLOSURE (Incorporated) Page 7 of7 Rev. 9/9/03 , b-~~&l1U..':. lllr,........lIn--.IP. _t:~..iiiEI~..I. :I_II'.:I~J._"'II -. 08/17/04 14:28 FAX 51% 481 %404 TML-IRP UNDERWRITING ---.------..--- ------ IdJ 002 Certificate of Coverage This is to certify tbat the coverages listed bclow have been provided to tbe member and are In effect Ilt this time. Notwithstl.Ddinl aD)' requirements, terJDS or conditions of Ill)' other contract or aareement with respect to which this certificate may be l$slled or may pertAin, the coverage Afforded by the Texas Municipal League Intergoverumental Risk Pool (TML-mP) described berein is subject only to the terms, exclusions and additions of TML-IRP's eoveraee contracts between TML-IRP and its member(s). Coverage is continuous until canceled. TML-IRr Contract Number: 5823 Member: City of Paris PO Box 9037 Paris. Texas 75461-9037 CompII n)' Affording Coverage; Texas Municipal League IntergovcrnmentllllUsk :Pool PO Bo~ 149194 Austin, TX 78114-9194 (512)491.2300 or (800) 537-6655 Fa.x (512) 491-2404 ~L~ft .;\ "t 'i I" .- . '...... .-.", , t ..'. Limits of Liability Sudden Events Involving Pollution Annual Aggregate Deductible Per Occurrence ~~NF..~E~PV" : $ 5,000,000 : S ; S Each OcclUTcnce Limits afLie-bility : $ A.nnual Aggregate : $ Deductible fler Occurrence : $ ERRORSANDOM~mONSL~~ITr Each Occurrence Effective Date 5 Each Occurrence Effective Date Annivers Date I ,'" /r ..~ II 'IJtl~r ." 1_ 1.....a.,I~. . llo. ,... ""'~ u"'. I ..w:..,N"':' . I,.~ : $ : $ . : S Each Wrongful Act Effective Date Annivers Da.te ,'...'.',~:.1\WIlI' ... "......'I~' .~~'.., M~ ." LLI_I""tF~' '~ ..& .,(lI1 ..u. ,....a..~~ Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TML-IRP will endeavor to mail ~ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability orany kind upon TML-IRP. . ,.......,.'-.r / D.tcwued: 8/17104 AutborizcdRcp,...."'tive: ~~ 'YSJ7 Certificate Holder: Texas Municipal League Intergovernmental Risk Pool XtO:l 01121/02 Agreement No. 1 STATE OF TEXAS COUNTY OF TRAVIS i i AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Dep'artment of Transportation, hereinafter called the "State," and the City of P~r1S , a municipal corporation, acting by and through its duly authorized officers, hereinafter called the "City." WITNESSETH WHEREAS, the State owns and operates a system of highways for public use and benefit, including" 19-24, 271, 82 ,in' Lamar ,County; and WHEREAS, the City has requested the temporary closure of Business 271, 82, 19-24 , for the purpose of Clty FestlVal Festival of Pumpkins ,as described in the attached "Exhibit A," hereinafter identified as the "Event;" and WHEREAS, the Event will be located within the City's incorporated area;; and WHEREAS, the State, in recognition of the public purpose of the Event, wishes to cooperate with the City so long as the safety and convenience of the traveling public. is ensured and that the closure of the State's right-of-way will be performed within the State's requirements; and WHEREAS, on the _ day of , 20_, the City Council passed Resolution I Ordinance No. , attached hereto and identified as "Exhibit 8," establishing that the Event serves a public purpose and authorizing the City to enter into this agreement with the State; and WHEREAS, 43 Tex. Adm. Code, Section 22.12 establishes the rules and procedures for the temporary closure of a segment of the State highway system; and WHEREAS, this agreement has been developed in accordance with the rules and procedures of 43 Tex. Adm. Code, Section 22.12; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT Article 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Event or unless terminated or modified as hereinafter provided. Article 2. EVENT DESCRIPTION TRF ~ TEA30 CLOSURE (Incorporated) Page 1 of 7 Rev. 9/9/03 , , Agreement No. The description of the Event, including the proposed schedule of start and stop times, approximate number of people attending the Event, and equipment involved shall be attached hereto and identified as "Exhibit C." Article 3. OPERATIONS OF THE EVENT A. The City shall assume all costs for the operations associated with the Event, to include but not limited to, plan development, materials, labor, public notification, providing protective barriers and barricades, protection of highway traffic and highway facilities, and all traffic control and temporary signing. B. The City shall submit to the State for review and approval the construction plans, if construction or modifications to the State's right-of-way is required, the traffic control and signing plans, traffic enforcement plans, and all other plans deemed necessary by the State. C. The City will not initiate closure prior to 24 hours before the scheduled Event and all barriers and barricades will be removed and the highway reopened to traffic within 24 hours after the completion of the Event. D. The City will provide adequate enforcement personnel to prevent vehicles from stopping and parking along the main lanes of highway right-of-way and otherwise prevent interference with the main lane traffic by bottl vehicles and pedestrians. The City win prepare a traffic enforcement plan, to be approved by the State in writing at least 48 hours prior to the scheduled Event. Additionally, the City shall provide to the State a letter of certification from the law enforcement agency that will be providing traffic control for the Event, certifying that they agree with the enforcement plan and will be able to meet its requirements. E. The City hereby assures the State that there will be appropriate passage allowance for emergency vehicle travel and adequate access for abutting property owners during construction and closure of the highway facility. These allowances and accesses will be included in the City's traffic control plan. F. The City will avoid or minimize damage, and will, at its own expense, restore or repair damage occurring outside the State's right-of-way and restore or repair the State's right-of- way, including roadway and drainage structures, signs, and pavement, etc. to a condition equal to that existing before the closure, and, to the extent practicable, restore the natural environment, including landscape features. Article 4. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the City will remain the property of the City. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. Article 5. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By the State upon determination that use of the State's right-of-way is not feasible or is not in the best interest of the State and the traveling public. (3) By either party, upon the failure of the other party to fulfill the obligations as set forth herein. (4) By satisfactory completion of all services and obligations as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the potential termination of this agreement is due to the failure of the City to fulfill its contractual obligations as set forth herein, the State will notify the City that possible breach of contract has occurred. The City TRF - TEA30 Page 2 of 7 Rev. 9/9/03 CLOSURE (Incorporated) I , Agreement No. must remedy the breach as outlined by the State within ten (10) days from receipt of the State's notification. In the event the City does not remedy the breach to the satisfaction of the State, the City shall be liable to the State for the costs of remedying the breach and any additional costs occasioned by the State. Article 6. DISPUTES Should disputes arise as to the parties' responsibilities or additional work under this agreement, the State's decision shall be final and binding. Article 7. INDEMNIFICATION To the extent permitted by law, the City shall indemnify and save harmless the State, its officers, employees, agents and contractors from all claims and liabilities due to the activities of the City, its officers, employees, agents and contractors performed under this agreement which result from an error, omission or negligent act of the City, its officers, employees, agents or contractors. Additionally, to the extent permitted by law, the City shall save harmless the State, its officers, employees, agents and contractors from any and all expenses, including attorney's fees and court costs which may be incurred by the State in litigation or otherwise resisting said claim Of liabilities which m~ght be imposed on the State as the result of such activities by the City, their officers, employees, agents or contractors. Article 8. INSURANCE A. Prior to beginning any work upon the State's right-of-way, the City and/or its contractors shall furnish to the State a completed "Certificate of Insurance" (TxDOT Form 1560, latest edition) and shall maintain the insurance in full force and effect during the period that the City and/or its contractors are encroaching' upon the State right-of-way. B. In the event the City is a self-insured entity, the City shall provide the State proof of its self-insurance. The City agrees to pay any and all claims and damages that may occur during the period of this closing of the highway in accordance with the terms of this agreement. Article 9. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by both the City and the State. Article 10. COMPLIANCE WITH LAWS The City shall comply with all applicable federal, state and local environmental laws, regulations, ordinances and any conditions or restrictions required by the State to protect the natural environment and cultural resources of the State's right-of-way. Article 11. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 12. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the TRF - TEA30 Page 3 of 7 Rev. 9/9/03 CLOSURE (Incorporated) 1 , Agreement No. following respective addresses: City: City of Paris P.O. Box 9037 State: Texas Department of Transportation .. Paris, TX 75461-9037 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. Article 13. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE CITY OF Executed on behalf of the City by: By City Official Date Typed or Printed Name and Title ATTEST: By Date City Secretary THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date District Engineer TRF - TEA30 CLOSURE (Incorporated) Page 4 of 7 Rev. 9/9/03 -. I Exhibit A . Agreement No. See Traffic Control Plan on next paqe TRF - TEA30 CLOSURE (Incorporated) Page 5 of 7 Rev. 9/9/03 = ~ z s: "':" ... ~ - ~~ - ~ :: ~~j ~~~ ~-- I~ ~ ~ GRAND (BUSINESS 82) .. ~ ~ ~ ~==-y ~lDI'D ~ ~ ~ :S s: ~ ~ ;::. ~ DW' AusnN fJ~ ~~ _ L-- tl W. CHERRY N ~ WJiE .=z s: ... Ol S I ~ ~ ,...- ~ .::.=z z R ~ W. BRAME ~ ~ s: ... Ol _ _ CHISM ---' _~i. I W. WASHINGTON ) J " ... .,;..,..........', '...... 'or"~ .L..",. --- i .~ ~J ~- - I ~ ~ :S ,... ~ ~ s: ... co I I , I J W. CHERRY ~~ F'. CHERRY ~ ~. flJ' "E. l,,;HERRY ~ ""'=" _ IA.! c: Z ~ fMP' .. _ Z N s: Z ~- 1ii ., ;ll ___ _ \...J - ~-'J ...... G .'" ,.. - ,,~ ""JIll' r ~DEJ;4ty." ~ ~ · ~~: ~ z . ~ N PRICE {::j .. ~- :s w. ...t<I\,;t. . c:J ...:..: ~"' ~ I/') ~ ~ 'D,tf 91- ~ S, ffi . tG m z lCJ" H U - - OUSTO';::' 1ii f ~ fA"SlNESSI 2 W. ~ ~ 9.:~U - - ~vl- W .61 1ii I~ S110EET III .1 ~ ~ ~ J ~ 1 - ~ ~ ---=-', I ~+ ~ K ~"':EI ~ I~ '0- _ ~ __ l I~ _ A- -=01 ~ ~~I 11 - ""- 10,1 I I ! t. ~ 3;0.1 I~~ ~ < . ... :! ~ III ... ... . III ~ _ I AUSTI: ... ~ I tG I W. CHERRY (- 'f W. KAUFMAN I ~ ~ ~ ~ " ... It) J: o 0:: :::l J: o ~ LJI ~ ~ - .c - .,. '-- - I I ..., I W. SHERMAN ~ ~I Ol ... E. SHERMAN ~. ....... .,. ~ Ol ... w. R~ AME ~ J: ~ J: ~ ~ s: ... .,. ~ ~ BRAME ~ ~= .. :~!~ '! ~ ~- ~~ .. ~ . (I) _ . I . ~~ ;5 1t W /WASHINGTON '=I I!+ HEARON I r Ii- - . . !rl~l- <( . .. :! - - ui 1ft . 11I1 ---- ~ lfii- ,- ~ ~ ~ r-f~ ~~1t1t Cl})!!l ~4.~11~ TRAFFIC CONTROL PLAN I I Exhibit B TRF - TEA30 CLOSURE (Incorporated) Page 6 of 7 Agreement No. Rev. 9/9/03 .~. Ii Agreement No. Exhibit C ) . 2004 Fqurth Annual Festival of Pumpkins - for the entire family to enjoy. Friday, October 22- John Anderson performing live on the Quintana Honda music stage at 8 pm. Starting Saturday, October 23, at 10 a.m. activities to include: petting zoos, train ride, fishing in the fountain, Home Depot Kids Workshop, Scarecrow Festival contest, Cutest Little Pumpkin Contest, Pumpkin Golf, Pumpkin Bowling, Diaper Derby, rock climbing, various arts and crafts vendors and food vendors. In addition, a Sanction BBQ will be held at the Market Square on Saturday, October 22 and will be sponsored by the V &CC. APPROXIMATE START AND STOP TIMES OF THE EVENT: Friday, October 22 (6pm-1O pm); Saturday, October 23 (lOam - 4pm) . DATES UPON WHICH AND HOURS DURING WHICH CLOSURE OR USE IS REQUESTED: Friday, October 22: lOa.m. - Saturday, October 23, 2004 at 6:00 p.m. APPROXIMATE NUMBER OF PEOPLE EXPECTED TO ATTEND THE EVENT: 8000 TRF .:. TEA30 CLOSURE (Incorporated) Page? of? Rev. 9/9/03 ....~~J.~..I._.... 'lll,........w----:l6 ......:.-...iEI.OII :1_11'....__"'11 ~. 08/17/04 14:28 FAX 512 491 2404 TML-IRP UNDERWRITING ------ 1dJ002 ----.---.----.--- Certificate of Coverage This is to certU'y that the coverages listed below have been provided to the member and are in effect nt this time. Notwithstanding any rtquirement5~ terJDS or conditions of aD)' other contrlct or agreement with respect to which this eertitieate may be isslled or may pertAin, the coverage afforded by the Texas Municipal League IntergoverJImental RJsk Pool (TML-JRP) described herein is subject only to the terIlls, exclusions and additions of TML-m'P's eoveraee contracts between TML-IRP and its meJDber(s). Coverage is continuous ulltil canceled. TML-IRl' Contract Number: 5823 Member: City of Paris PO Box 9037 Paris, Texas 75461-9037 . Complln)' Aft'ordiog CoveraEe: Texas Municipal League IDtergovcromentllllUsk Pool PO Box 149194 Austint TX 78114-9194 (512)491-2300 or (800) 537-6655 F~ (512) 491~2404 ~ Llr.$lBJl.~ .:\ "t Limits of LIability Sudden Events Involving Pollution Annual Aggregate Deductible Per Occurrence '~NB,~~~" ; $ 5,000,000 Each Occurrence : S ; S ;$ .. :~'i:ioHl1'''''' :,' \"." u~:QIl'- _ ..lo1I','" ; 10/1/02 : 10/1/03 lyt.. ...I.'.t'~ l'!r:'" ~~fu.:~"~, I ,I" . ....,. 'I~r .0 .. ,.....Lt' I~. ,lot '~,~ \IrJo~ I ..w:. .,N~:. . Limits ofLiabilit)' : $ Annual Aggregate : $ Deductible Per Occurrence : $ ERRORS .AND OMlSS'IONS I.IAafi.IT)' 5 Each Occurrence Effective Date Annivers Date .,.~ : $ : S . : S Each Wrongful Act Effective Date Annivers Date '1tIr. ""., 'I~' -~~',,, ~~ rl,I'''F'''. ~ ,A I ~~ ..-A.t't~_ Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TML-IRP will endeavor to mail -1L- days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon TML-IRP. _ ,-....,,~ / Date!=ed: 8/17104 Authorized Rep..sentati"", ~~ ~O Certificate Holder: Texas Municipal League Inter20vernmentalllisk Pool Xl 0:1 01lllf02