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Agency /State <br /> Agreement No. 26219 <br /> maintenance fund requirements and Not to Exceed (NTE) State funding <br /> obligations outlined in this Agreement. <br /> b. Specific areas of responsibility including, but not limited to: <br /> 1) Agency area of responsibility and obligations for design enhancements: <br /> • Design enhancements maintained by Agency or a designee that is <br /> mutually agreed upon by both Parties <br /> • Legal title <br /> • Provide comments on: <br /> o Design and Construction <br /> o Long term care expectations <br /> o Maintenance and repair expectations and schedule <br /> o Life expectancy <br /> o Replacement and /or disposal expectations <br /> • Provide long term care, maintenance and repair, and replacement <br /> and /or disposal of accepted design enhancements <br /> • If Agency is unable to maintain a particular design enhancement or <br /> commences maintenance and then determines it is unable to continue, <br /> Agency may solicit public support to provide needed maintenance or <br /> repairs. If public support cannot be garnered to provide maintenance <br /> and /or repairs of a particular design enhancement Agency may <br /> remove the design enhancement from the State right of way upon <br /> notice of intended removal and State acceptance of removal schedule. <br /> Agency may choose to accept the management and maintenance of one <br /> of more of the design enhancements but is under no obligation to do so. <br /> If Agency chooses not to accept the management and maintenance of <br /> one or more of the design enhancements, it will not be placed on the <br /> State right of way unless State agrees to accept all responsibility for such <br /> maintenance or management. <br /> 2) State area responsibility and obligations for design enhancements: <br /> • Provide comments on: <br /> o Design and Construction <br /> o Long term care expectations <br /> o Maintenance and repair expectations and schedule <br /> o Life expectancy <br /> Key 14259 Page 10 of 17 <br />