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custom decorative fence, and installing aluminum lettering of the name "NORTH <br />OLMSTED" attached on the new fence on each side of the bridge as shown on the plans <br />identified as CUY-BH-FY2023 MISC, PID 105909; a partial copy (Location 4: CUY-252- <br />0434; SFN 1810405) of which is attached hereto as Exhibit A (hereinafter referred to as <br />the IMPROVEMENT); and <br />1.6 WHEREAS, ODOT has reviewed the plans and determined that the IMPROVEMENT is <br />in accordance with ODOT guidelines or standards and has approved the installation of the <br />"NORTH OLMSTED" city name on the fencing under Bridge Design Manual Section <br />310.5.2; and <br />1.7 Whereas, the CITY has agreed to perform all future maintenance on the IMPROVEMENT, <br />including the new custom decorative bridge fencing and the CITY name attached on the <br />bridge fencing for the life of the enhancements on Bridge No. CLJY-252-0434 (SFN <br />1810405); and <br />1.8 Whereas, under Ohio Revised Code 5501.31, ODOT is willing to accept the <br />IMPROVEMENT under certain terms and conditions provided in this Agreement. <br />NOW THEREFORE, in consideration of the mutual covenants and benefits stated herein, <br />and in further consideration of the obligations, terms hereinafter set forth, ODOT and the CITY <br />agree to the following terms and conditions of this Agreement: <br />Therefore, for and in consideration of the mutual covenants hereinafter stipulated to be kept <br />performed, it is agreed by the parties as follows: <br />2.1 The CITY is obtaining or has obtained, plans and specifications for the IMPROVEMENT <br />and will proceed to contract for the construction of the IMPROVEMENT following its <br />competitive bidding process and will administer and inspect such construction, all at no <br />cost to ODOT. <br />2.2 In connection with construction of the IMPROVEMENT, the CITY shall obtain a right of <br />way permit ODOT MR 509, if applicable, from appropriate ODOT District 12 officials. <br />2.3 Upon completion of construction of the IMPROVEMENT, the CITY shall notify <br />appropriate District 12 personnel to perform a final inspection which will be reflected on <br />ODOT form MR 678, if applicable, which will indicate ODOT's acceptance of the <br />IMPROVEMENT. <br />MAINTENANCE, REPAIR OR REPLACEMENT <br />3.1 DEFINITIONS: <br />Page 2 of 7 <br />