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CCO Form: Approved: Revised: Modified: TP3 4/95 (MGB) 10/00 (BDG) City of University City Olive BIvd & Bike Rte Streetscape STP-5529(630) MISSOURIHIGHWAYS AND TRANSPORTATION COMMISSION~ TRANSPORTATION ENHANCEMENT FUNDS PROGRAM AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of University City, a municipal corporation in the State of Missouri (hereinafter, "City"). WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The United States Congress has authorized, in 23 U.S.C. §101, §104 and §133, funds to be used for transportation enhancement activities. The purpose of this Agreement is to grant the use of such transportation enhancement funds to the City. (2) LOCATION: The transportation enhancement funds which are the subject of this Agreement are for the project at the following location: The bike route traverses numerous City streets with connections to the planned bike route in Olivette and to the planned bike improvements on Olive BIvd by MoDOT. The streetscape improvements will be concentrated at six intersections along Olive Blvd. The intersections are Skinker, Hanley, Pennsylvania, Midland, North & South, and McKnight/Woodson. Other streetscape improvements along Olive Blvd will be in the redevelopment areas enumerated in the 1999 Comprehensive Plan update. The general location of the project is shown on attachment marked "Exhibit A" and incorporated herein by reference. (3) INDEMNIFICATION: The City shall be responsible for injury or damages as a result of any services and/or goods rendered under the terms and conditions of this Agreement. In addition to the liability imposed upon the City on the account of personal injury, bodily injury, including death, or property damage, suffered as a result of the City's performance under this Agreement, the City assumes the obligation to save harmless the Commission, including its agents, employees and assigns, and to indemnify the Commission, including its agents, employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission, including legal fees. The City also agrees to hold harmless the Commission, including -1-