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

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" ", e e STP 2002(147)TE CSJ: 0912-71-795 Project: Date Palms and Oleanders for SH 225 at Sens Road Exit . I information suggesting that a shorter or longer period is appropriate, three years or less from the date of inclusion in the Statewide Transportation Improvement Plan (STIP) will be presumed to be a reasonable time. v. The State determines that federal funding may be lost due to the Project not being implemented and completed. 3. Amendments This Agreement may be amended due to changes in the work or amount of fundi.ng required to complete the Project or other material, required changes in the responsibilities of the parties. Such amendment(s) must be made through a mutually agreed upon, w.ritten amendment that is executed by all parties. 4. Scope of Work The scope of work for the Project, as described in the nomination form and as approved by the Texas Transportation Commission, will place date palm trees and oleander shrubs alono SH 225 in the City of La Porte. The plantina will be placed within the north and south border widths of the riaht-of-wav between the eastbound and westbound exit ramps to Sens Road. approximatelv 3/4 of a mile in lenath. The landscape improvements include the installation of an automatic irraaation system. The proiect will compliment similar plantina alono SH 225 at the Battleoround Road exit. iust west of La Porte. in the City of Deer Park. The Project Location Map(s), which was attached to the project nomination form, has been included in this Agreement as Attachment B. 5. Right of Way and Real Property Acquisition Right-of-way and real property acquisition shall be the responsibility of the Local Government. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. If the Local Government is the owner of any part of the project site under this Agreement, the Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the Project. All parties to this agreement will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section -24.2(g). Documentation to support such compliance must be maintained and made available to the State and its representatives for review and inspection. A. The Local Government shall assume all costs and perform necessary requirements to provide any necessary evidence of title or right of use in the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to the State, and be free and clear of all encroachments. The Local Government shall secure and Page 3 of 32