O-2002-2562 Date Palms & Oleanders-SH 225 & Sens Rd exit Advance Funding Agreement

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, I e e STP 2002(147)TE . CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit I,. WHEREAS, the rules and procedures for the selection and administration of the Statewide Transportation Enhancement Program are established in 43 T AC Sections 11.200 et seq.; and . WHEREAS, the governing body of the Local Government has approved entering into this Agreement by resolution or ordinance dated June 5. 2001, which is attached hereto and made a part hereof as Attachment A; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. 2. Termination of this Agreement This agreement may be terminated by any of the following conditions: · by mutual written consent and agreement of all parties. . by any party with 90 days written notice. · by either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching party. A. The termination of this Agreement shall extinguish all rights, duties, obligations and liabilities of the State under this Agreement. If the potential termination of this Agreement is due to the failure of the Local Government to fulfill its contractual obligations, the State will notify the Local Government that possible breach of contract has occurred. The Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. B. If the Local Government withdraws from the Project after this Agreement is executed, the Local Government shall be responsible for all direct and indirect Project costs as identified by the State's-cost accounting system. C. A Project may be eliminated from the program as outlined below. If the Project is eliminated for any of these reasons, this Agreement will be appropriately terminated. A Project may be eliminated from the program, and this Agreement terminated, if: . i. The Local Government fails to satisfy any requirements of the program rules cited as 43 TAC ~11.200 et seq. ii. The implementation of the Project would involve significant deviation from the activities as proposed in the nomination form. iii. The Local Government withdraws from participation in the Project. iv. The Project is not implemented within a reasonable time, as determined by the State in consultation with the Local Government. In absence of Page 2 of 32