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Agency /State <br /> Agreement No. 26219 <br /> and maintenance of Canoe Canal, multiple -use paths, soft - trail, landscape features and <br /> design enhancements and allow access for use by the public for recreation and non - <br /> motorized transportation. <br /> A. TERMS OF AGREEMENT <br /> 1. Under such authority, State and Agency desire to enter into this Agreement <br /> regarding use, reconstruction and /or construction and maintenance of Canoe <br /> Canal structure, multiple -use paths, soft - trail, landscaping features and design <br /> enhancements listed above, hereinafter referred to as "Project ". The <br /> responsibility for reconstruction and /or construction of Canoe Canal, multiple -use <br /> paths, soft - trail, landscape features and design enhancements will be the State's. <br /> The responsibility for maintenance of the Canoe Canal structure, multiple -use <br /> paths, soft - trail, - _landscape featuresand any design enhancements accepted by <br /> the Agency, and-design-enhancements-shall be the Agency's. The location of the <br /> Project is approximately as shown on the area of responsibility diagrams <br /> attached hereto, marked Attachment 1 — Canoe Canal Underpass Area of <br /> Responsibility and Attachment 2 — Walnut Road Underpass Area of <br /> Responsibility Overview, and by this reference made a part hereof. <br /> 2. This Agreement may be modified by mutual consent of both parties and upon <br /> execution of amendments to his Agreement stating said modifications. <br /> 3. Project costs coming as a result of reconstruction and /or construction, and <br /> maintenance, of Canoe Canal, multiple -use paths, soft - trail, and landscape <br /> features are covered as follows: <br /> a. Reconstruction and /or Construction — Reconstruction and /or construction <br /> costs for Agency's portion of Canoe Canal, multiple -use path, soft-trail and <br /> landscape features will be paid by State as depicted in State's final Bundle <br /> 220, Canoe Canal structure, P -10 Pre's Running (Soft) Trail, P -11 Canoe <br /> Canal Trail and P -14 Ruth Bascom Riverbank path plans, specifications, and <br /> estimates. <br /> • Any future improvements /modifications made to the newly <br /> reconstructed and /or constructed Canoe Canal, multiple -use paths, <br /> soft -trail and landscape features that fall within State's right of way <br /> must be approved by State. Agency shall be responsible for securing <br /> funding for any improvements /modifications to the extent set forth in <br /> section B.4. <br /> b. Maintenance — Maintenance costs of the newly reconstructed and /or <br /> constructed Canoe Canal, multiple -use paths, soft -trail and landscape <br /> features shall be paid by Agency, including portions that are located on <br /> Key 14259 Page 3 of 17 <br />