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maintenance by the City shall be done for the safety of the general public and the esthetics of the area. In addition, if any sidewalks or bike trails are constructed on the Commission's right-of-way pursuant to this Agreement, the City shall inspect and maintain the sidewalks or bike trails constructed by this project in a condition reasonably safe to the public and, to the extent allowed by law, shall indemnify and hold the Commission harmless frorn any claims adsing from the construction and maintenance of said sidewalks or bike trails. If the City fails to maintain the herein contemplated improvements, the Commission or its representatives, at the Commission's sole discretion shall notify the City in writing of the City's failure to maintain the improvement. If the City continues to fail in maintaining the improvement, the Commission may remove the herein conternplated improvement whether or not the improvement is located on the Commission"s dght of way. Any removal by the Commission shall be at the sole cost and expensE: of the City. Maintenance includes but is not limited to mowing and tdmming between shrubs and other plantings that are part of the improvement. (13) PLANS: The City shall prepare preliminary and final plans and specifications for the herein improvements, The plans and specifications shall be submitted to the Commission for the Commission's review and approval. The Commission has the discretion to require changes to any plans and specification prior to any approval by the Commission. (14) REIMBURSEMENT: With regard to work under this Agreement, the City agrees as follows: (A) Any federal funds for transportation enhancement activities shall only be available for reimbursement of eligible costs which have been incurred by the City. Any costs incurred by the City prior to authorization from FHWA and notification to proceed from the Commission are not reimbursable costs. The ratio for federal reimbursement of eligible costs for the herein improvements is 78.8% up to a maximum of $1,020,775. Any costs for the herein improvements which exceed any federal reimbursement or are not eligible for federal reimbursement shall be the sole responsibility of the City. The Commission shall not be responsible for any costs associated with the herein irnprovement unless specifically identified in this Agreement or subsequent written amendments. The Commission shall not provide more than one million twenty thousand seven hundred seventy five dollars ($1,020,775) for this Transportation Enhancement project. (B) The authority to advertise for bids shall be granted by the Commission when all right-of-way clearances, environmental clearances, and the approval of the Plans, Specification, and Estimate have been completed. (C) In the event that the City does not submit the Plans, Specification, and Estimate for this project by July 30, 2004, and does not have construction authorization (authority to advertise for bids) by September 30, 2004, the City agrees to reimburse the Commission for any monies previously reimbursed to the City under this