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