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maintenance by the City shall be done for the safety of the general public and the <br />esthetics of the area. In addition, if any sidewalks or bike trails are constructed on the <br />Commission's right-of-way pursuant to this Agreement, the City shall inspect and <br />maintain the sidewalks or bike trails constructed by this project in a condition reasonably <br />safe to the public and, to the extent allowed by law, shall indemnify and hold the <br />Commission harmless from any claims arising from the construction and maintenance <br />of said sidewalks or bike trails. If the City fails to maintain the herein contemplated <br />improvements, the Commission or its representatives, at the Commission's sole <br />discretion shall notify the City in writing of the City's failure to maintain the improvement. <br />If the City continues to fail in maintaining the improvement, the Commission may <br />remove the herein contemplated improvement whether or not the improvement is <br />located on the Commission's right of way. Any removal by the Commission shall be at <br />the sole cost and expense of the City. Maintenance includes but is not limited to <br />mowing and trimming between shrubs and other plantings that are part of the <br />improvement. <br /> <br /> (13) PLANS: The City shall prepare preliminary and final plans and <br />specifications for the herein improvements. The plans and specifications shall be <br />submitted to the Commission for the Commission's review and approval. The <br />Commission has the discretion to require changes to any plans and specification prior to <br />any approval by the Commission. <br /> <br /> (14) REIMBURSEMENT: With regard to work under this Agreement, the City <br />agrees as follows: <br /> <br /> (A) Any federal funds for transportation enhancement activities shall <br />only be available for reimbursement of eligible costs which have been incurred by the <br />City. Any costs incurred by the City prior to authorization from FHWA and notification to <br />proceed from the Commission are not reimbursable costs. The ratio for federal <br />reimbursement of eligible costs for the herein improvements is 79 % up to a maximum <br />of $1,103,038. Any costs for the herein improvements which exceed any federal <br />reimbursement or are not eligible for federal reimbursement shall be the sole <br />responsibility of the City. The Commission shall not be responsible for any costs <br />asscciated with the herein improvement unless specifically identified in this Agreement <br />or subsequent written amendments. The Commission shall not provide more than one <br />million, one hundred three thousand, thirty eight dollars ($1,103,038) for this <br />Transportation Enhancement project. <br /> <br /> (B) The authority to advertise for bids shall be granted by the <br />Commission when all right-of-way clearances, environmental clearances, and the <br />approval of the Plans, Specification, and Estimate have been completed. <br /> <br /> (C) In the event that the City does not submit the Plans, Specification, <br />and Estimate for this project by June 30, 2003, and does not have construction <br />authorization (authority to advertise for bids) by September 30, 2003, the City agrees to <br />reimburse the Commission for any monies previously reimbursed to the City under this <br /> <br />-5- <br /> <br /> <br />