Harris County Flood Control District - bike and pedestrian trail to be built on HCFCD property

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II. Construction Only after receipt of the notice of the approval of the Plans and Specifications from the District, the City, at the City's sole expense, shall commence to construct, and shall proceed diligently until completed (but in no event longer than one (1) year from the commencement of construction of the Trail, unless the Director determines in his sole discretion that good cause exists to extend the time in which the Trail is to be completed), the Trail in a good and workmanlike manner and in substantial accordance with the Plans and Specifications, which have been approved in advance by the District for such purposes. If any conflict arises between the provisions of the Plans and Specifications and the provisions of this Agreement, this Agreement shall be controlling and binding upon the parties hereto. III. Maintenance and Repair The City shall maintain in good repair and in safe condition the Trail, including but not limited to, repair of slope, pavement, bridges, stairways, landscaping, irrigation features, traffic control signs, light fixtures, electrical equipment, and all other improvements and appurtenances constructed or to be constructed along the Trail. The City acknowledges that the Trail or one or more of its improvements and appu rtenances could adversely affect the condition of the Property's flood control features. Therefore, in the event the District's Director, in his sole discretion, determines that the Trail or one or more of its improvements and appurtenances has caused damage or destroyed a flood control feature of the Property, then all such property of the District so damaged or destroyed shall be promptly repaired or replaced by the City to the satisfaction of the District's Director. However, in lieu of said repair or replacement, the City shall, if so required by the District's Director, pay to the Harris County Flood Control District money in an amount deemed sufficient by the District's Director, in his sole discretion, to compensate for the loss sustained by the District as a result of damages or destruction to said flood control features. The City shall perform its obligations as specified herein regardless of who or what necessitated the repairs or replacement and without the aid or assistance of the District or the District's equipment, personnel, or materials. The City shall mow, edge, and trim the grass between the Trail and the District right-of-way line and between the Trail and the top of the bank on the side of the channel on which the Trail is located, hereinafter called the "Maintenance Area." The City shall mow, edge, and trim the said grass at such time intervals so as to keep same from attaining a height of more than nine (9) inches. The City shall remove the trash, paper, debris, and accumulated silt from the Trail and Maintenance Area at such time intervals so as to keep the Trail and Maintenance Area neat and tidy at all times. The City shall also pick up the trash and debris that collects on any other improvements or appurtenances associated with the Trail. All maintenance required as hereinabove set forth shall be the sole responsibility of the City. IV. Trail Alteration and Inspection The City will not undertake any alteration to the Trail, any existing improvements thereto, or begin any construction without first securing the written approval of an authorized representative of the District of the plans and specifications for the same. With the prior written consent of an authorized representative of the District, the City may make minor changes in the Plans and Specifications necessary or desirable during the construction of the Trail. - 2 -