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' ~ City of Eugene ~ , Royal Avenue IGA Page 2 maintenance is defined as any shoulder and surface maintenance, drainage maintenance, roadside Vegetation control, bridge and structure maintenance, snow and ice control, maintenance of markings, signing and guard rails, operations and maintenance of traffic signals, • and facility permit issuance and enforcement: COUNTY AGREES TO: 9. Authorize CITY to enter onto COUNTY right-of-way for special events, road • construction and maintenance purposes until the section of Royal Avenue as described in Provision Six (6) of this agreement is legally established as a city street. . 10. Surrender.all appropriate rights-of--way upon legal establishment of the section of Royal Avenue as described in Provision Six (6) of this agreement as a city street. 11. Upon receipt of invoice, pay to CITY no more than one-half of the eligible road . construction .costs incurred by CITY for the improvement of the section of Royal Avenue . described in Provision Six (6) of this agreement to urban standards, up to the not to-exceed amount of $225,000. Project costs eligible for COUNTY funding are limited to road-related items permitted by the Oregon Constitution. BOTN~ PARTIES AGREE: 12. COUNTY will not fund capital and traffic improvements associated with the new school including but not limited to turn lanes, signals, crossing lights, crosswalks, etc: COUNTY will fund up to one-half of an equivalent 3-lane road section up to the not-to-exceed amount of $225,000. The center turn lane is not deemed to be associated with the new school. 13. CITY will be responsible for utility permit acquisition on COUNTY right-of-way for the section of.Royal Avenue as described in Provision Six (6) of this agreement until Royal Avenue is formally established as a city'street. 14. If the project is terminated or canceled for any reason prior to its substantial • completion, COUNTY'S finandal contribution towards the project (except for CITY'S construction costs to date) will be returned with appropriate interest accrual. • 15. The term of this agreement commences upon the date of the final execution thereof and remains in effect untt'I Royal Avenue is legally established as a aty street and final payment by COUNTY. if not terminated sooner, this agreement will terminate on December 31, 2004. It is understood by both parties the aforementioned section of Royal Avenue must be legally established as a city street by this termination date. 16. Each of the parties hereto agree to indemnify and save the other harmless from any claims, liability or damages resulting from any error, omission or act of negligence on the part of the indemnifying party, its officers, agents or employees in the performance of its responsibilities under this agreement. The parties' indemnity and hold harmless obligations are subject to the limitations of the Oregon Tort Claims Act (ORS 30.270) and the Oregon Constitution (Article XI, Section 10).