O-1953-454 - Laserfiche WebLink

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. :. ".---. e \ . 15 e The City agrees to ,execute all work" eith~r construction or mintenance, at i tos own cost and expense, ehown on the plans" which is or my be indicated on such plans as' the responsibility of the City. The City agrees to indemnify the State against any and all 'damages and cla~ f,~,r damge to adjoining, abutting or other property for which the State is or my bEl liable arising out of, incident to or in any way connect'ed with the 1nstalla- tj.on, the construction, the existence, the use and/or'mintenance of such street project and does hereby agree to indemn1f'y the State against any and all court costs, attorneys' fees and all expenses in connection with suits for such damge aIld sball, if requested to do so in writing, assist or relieve the State from'- dEtfend1ng any such suits brousbt against it. Nothing herein contained sball be construed to place upon the State any lIELDDer of liability for injury to or death of persons or for damage to or 10s.8 of property arising out of or in any manner connected with the maintenance or use of' the street project and the City will save the State barmless from any damges ariS'ing f'rom said mintenance and/or use of said street project. It is unde;rstood and agreed between the parties hereto tba t the City by v:Lrtue of' the provisions of its cbarter and the laws of the State of Tems bas e:rc1usive control of and jurisdiction over all streets and public ways within the incorporated 11m1ts of such city and. tbat the City has requested and consented tC) the construction of the above street project hereinabove named and the State ill the construction of the above street project does so at the special instance and request of the City. The location, grades and manner of construction shown 031 the plans attached hereto and marked "Exhibit A" are mde a part hereof. In cuse of conflict between this agreement and said plans, the plans shall govern. Nothing in this agreement sba11 be construed to place any liability on the C:Lty for personal injury arising out of the construction of such street project. It is understood and agreed between the parties hereto that all obligation 0:E' th" State, created herein, to maintain the herein above described street proJ- el~t sball end and ter.m1nate if and when the State sba1l abandon, cancel or re- LJcate such designation. It is further understood and agreed between the parties hereto tba t the tlD.provement and/or maintenance of the above project by the .State is for the E!ole p~ose of providing the travelling publiC a more adequate travel facility and s:ba.ll never be the basis of any clam. for State assumption, or participation in the payment, of any of the obligations of the City incurred in the 1mprovement, p~st or present, of any street project. Prior to completion of the proposed construction, the City agrees to pass an Ordinance providing for parallel parking only within the limits of this projeot. 3 M-9-45-937 D-8