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<br />e <br /> <br />e <br /> <br />THE STATE OF TEXAS <br /> <br />COUNTY OF TRAVIS <br /> <br />THIS AGREEMENT is made by and between the State of Texas, <br />~.cting by and through the State Department of Highways and Public <br />~ransportation, hereinafter called the "State", and the City of <br />La Porte, acting through its duly authorized officials, as <br />evidenced by Resolution or Ordinance Number , dated <br />, hereinafter called the "City". <br /> <br />WIT N E SSE T H <br /> <br />WHEREAS, the State owns and maintains a system of highways, <br />including State Loop 401, in Harris countY, Texas, for public use <br />and benefit;-and <br /> <br />WHEREAS, the City has requested State participation in a <br />1991-1992 Landscape Cost Sharinq Program project along State LOop <br />401, from State Highway 146 to Broadway Street, hereinafter <br />called the "Project", and as shown on the attached EXHIBIT A: and <br /> <br />WHEREAS, the State has determined that the Project falls <br />under the Landscape Cost Sharing Program category of "Pedestrian" <br />landscape projects, and that in accordance with established <br />program policy the maintenance, of the Project shall be the <br />responsibility of the City in perpetuity; and <br /> <br />WHEREAS, the City has committed to cooperating with the <br />State by providing a total non-cash contribution of $6,787.50 <br />toward the completion of the Project, which sum represents the <br />agreed, fair-market value for labor and equipment to fully <br />install all construction materials including plant materials; and <br /> <br />WHEREAS, state Highway and Public Transportation commission <br />Minute Order , dated , attached hereto and <br />labeled EXHIBIT B authorizes the state to cooperate with the City <br />in the development of the Project by providing state funds which <br />will be used to purchase landscape and construction materials in <br />accordance with the Project Design Plan; <br /> <br />NOW THEREFORE, in consideration of the premises and of the <br />mutual covenants and agreements of the parties hereto be by them <br />respectively kept and performed as hereinafter set forth, the <br />State and the City do mutually agree as follows: <br /> <br />Page 1 of,. 7 <br /> <br />Draft, D-18L, 6/11/91 <br />