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

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o CS-I Re,,. 2/12/93 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 accordance with the provisions of the statutes relating thereto and make ample financial and other provisions for such maintenance; and (b) Maintain the right-of-way and keep it free 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 right-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 Section 4511.11 and related sections of the Ohio Revised Code, and (d) Regulate parking in the following manner: Prohibit parking in accordance with Section 4511.66 of the Ohio Revised Code. unibss otherwise controlled by local ordinance or resolution. SECTION VI (Right-of-Way, Utility Rearrangement and Damage and Liability Responsibilities) (a) That all existing street and public right-of-way within thc City which is necessary for the aforesaid improvement, shall be made available therefore. CO) That thc State will acquire any additional right-of-way required for the 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 have agreed to make any and all necessary plant removals or rearrangements in such a manner as to be clear of any construction called for by the plans of said improvement and said companies have agreed to make such necessary rearrangements immediately alter notification by said City or the Department of Transportation. (d) That it is hereby agreed that the City shall at its own expense, make all rearrangements of water mains, scr,,'ice lines, fire hydrants, valve boxes, sanitary sewers or other municipally owned utilities and/or an>' appurtenances thereto, which do not comply with the provisions of Directive DH-P4 11 inside or outside the corporate limits as may be necessary to conform to the said improvement and said rearrangements shall be done at such time as requested by the Department of Transportation Engineer. (c) That thc construction, reconstruction, and/or rearrangement of both publicly and privately owned utilities, referred 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 ali backfilling of trenches made necessary by such utility rearrangements shall be performed in accordance with the provisions of thc Ohio Department of Transportation Construction and Material Specifications and shall be subject to approval.by the State. That the installation of all utility facilities on the right-of- way shall conform with the requirements of the Federal Highway Administration Policy and Procedure Memorandum 30-4 'Utility Relocations and Adjustments" and the Department of Transportation's rules on Utility Accommodation. (g) That said City hereby 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 Cit?"s obligations made or agreed to in Sections (a), Co), (c), (d), (e), and (f) hereinabove. Likewise thc State 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 State's obligations made or agreed to in Sections (a), Co), (c), (d), (e), and (f) hereinabove. Page 2 of 3