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i <br />April 11, 1994 <br />Misc. Contracts & Agreements <br />No. 12409 <br />MAINTENANCE AGREEMENT <br />THIS AGREEMENT is made and entered into by.and;betwe'en THE STATE <br />OF OREGON, acting by and through its Department of <br />Transportation, hereinafter referred to as "ODOT"- and THE CITY <br />OF EUGENE, acting by and through its Elected Officials, <br />hereinafter referred to as "Agency". <br />RECITALS <br />1. By the authority granted in ORS 190.1101 366.:770 and <br />366.775, State may enter into cooperative agreements with the <br />counties and cities for the performance of work on certain types <br />of maintenance or improvement projects with the allocation of <br />costs on terms and conditions mutually agreeable to the <br />contracting parties. <br />2. Under such authority ODOT and Agency plan and propose to <br />share maintenance responsibilities on that portion of Pacific <br />Highway West lying between Beltline Highway and Roosevelt Blvd., <br />hereinafter referred to as "Project". The locationlof the <br />project is approximately as shown on the sketch mapattached <br />hereto, marked Exhibit A, and by this reference made a part <br />hereof. <br />3. The terms of this agreement shall be in effect from the date <br />of final execution by all parties for.the Beltline Hwy.-Barger <br />Avenue Section and from the date of completi6h.and acceptance <br />for the Barger Avenue-Roosevelt Blvd. Section:for an indefinite <br />period of time until it is superceded by another agreement. <br />NOW THEREFORE, the premises being in general as stated in the <br />foregoing recitals, it is agreed by and between the parties <br />hereto as follows: <br />AGENCY OBLIGATIONS <br />1. AGENCY shall provide and use appropriate horticultural <br />practices that promote the health of all trees within the ODOT <br />right of way on the section of Pacific Hwy. W. between Beltline <br />Hwy. and Barger Avenue. This shall include maintaining and <br />watering the trees. <br />A1394001 <br />