47-93 Real Estate Acquisition Bonds $2,100,000

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CS- k Rex. 2/12.:')3 SECTION V (Maintenance and Parking) That upon completion of said improvement, said City will therefore keep said highway open to traffic at all times, and (a) Maintain thc improvement in accordanc~ with thc provisions of thc statutes relating thereto and make' ample financial and other provisions for such maintenance; and Co) Maintain thc right-of-way and ke~p it fr~ of obstructions in a manner satisfactory to the State of Ohio and hold said right-of- way inviolate for public highway purposes and permit no signs, posters, billboards, roadside stands or other private installations within the fight-of-way limits, and (c) Place and maintain all traffic control devices conforming to the Ohio Manual of Uniform Traffic Control Devices on the improvement in compliance with the provisions of S~'~.ion 4511.11 and related sections of thc Ohio Revised Code, and (d) Regulate parking in thc following manner: Prohibit parking in accordance with Section 4.Y11.55 of the Ohio Revised Code, unless, otherwise controlled by local ordinance or resolution. SECTION VI (Right-of-Way, Utility Rearrangement and Damage and Liability Responsibilities) (a) That all cxisting strcct and public right-of-way within thc City which is nccessary for the aforesaid improvement, shall bc made available therefore. Co) That thc State will acquire any additional right-of-way required for thc construction of the aforesaid improvement. (c) That arrangements have been or will be made with and agreements obtained from all public utility ' companies whose lines or structures will be .affected by the said improvement and said companies havc agreed to make any and all necessary plant removals or rearrangements in such a manner as to be clear of any construction callod for by the plans of said improvement and said companies have agreed to makc such nccessary rearrangements immediately a2Rer notification by said City or the Department of Transportation. (d) That it is hcrcby agreed that thc City shall at its own expense, make all re. arrangements of water mains, service lines, fire hydrants, valve boxes, sanitary sewers or other municipally owned utilities and/or any appurtenances thereto, which do not comply with the provisions of Directive DH-P-411 inside or outside the corporate limits as may be necessary to conform to the said improvement and said rearrangcmcnts shall be done at such time as requested by the Department of Transportation Engineer. (e) That thc construction, reconstruction, and/or rearrangement of both publicly and privately owned utilities, rcfcrrcd to in subsections (c) and (d) above., shall be done in such a manner as not to interfere unduly with thc operation of the contractor constructing the improvement and all backfilling of trcnchcs madc ncccssary by such utility rearrangements shall be pcrformod in accordance with thc provisions of thc Ohio Department of Transportation Construction and Material Specifications and shall bc subjcct to approval.by thc State. (f) That thc installation of all utility facilities on the right-of- way shall conform with the requirements of thc Federal Highway Administration Policy and Procodur~ Memorandum 30-4 "Utility R~loeations and Adjustments' and thc Department of Transportation's rules on Utility Accommodation. (g) That said City hcreby agrees to accept responsibility for any and all damages or claims for which it is · legally liable arising from thc negligence of its officers, employees or agents in the performance of the Cit2,."s obligations made or agreed to in Sections (a), CO), (¢), (d), (e), and (f) hcreinabove. Likewise the State agrccs to accept responsibility for any and all damages or claims for which it is legally liable arising from the. negligence of its officers, employees or agents in the performance of the State's obligations made or agreed to in Sections (a), CO), (c), (d), (e), and (f) hereinabove. Page 2 of 3