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Prairie Ave Corridor August 2017 <br />Landscape Maintenance Agreement <br />LANDSCAPE MAINTENANCE AGREEMENT <br />This Maintenance Agreement ("AGREEMENT") is entered into this day of <br />August, 2017, by the City of South Bend ("CITY") in regards to landscaping <br />improvements to be constructed on land owned by the Indiana Department of <br />Transportation ("INDOT"). This particular agreement refers to the landscaping <br />improvements of the Prairie Ave (SR23) and US31 interchange corridor. Improvements <br />will include but are not limited to: landscaping, lighting, and illuminated signage <br />installation. <br />The City desires to delineate certain maintenance responsibilities related to the <br />improvements shown in Exhibit A within INDOT right-of-way. It is of mutual interest for <br />INDOT and the City to cooperate in providing highway beautification improvements for <br />the aesthetic appeal of the interchange and appeal to the public. <br />The City agrees to the following terms and conditions for maintenance of the <br />landscaping features in the East quadrant of the US31 and SR23 interchange: <br />INDOT RESPONSIBILITIES <br />A. INDOT grants permission to the City to maintain the landscaping, lighting, and <br />illuminated signage ("Improvements") shown on Exhibit A. <br />B. INDOT will review permits, requests to modify or replace the Improvements <br />expediently and will not unreasonably withhold approval. <br />C. INDOT shall not be responsible for any costs associated with this Agreement or <br />removal of Improvements. <br />D. If, after appropriate review, INDOT determines that the Improvements are <br />substandard, conflict with future roadway improvements or other necessary <br />installations, are not being maintained, or this Agreement is not renewed, INDOT <br />may order modification, relocation, or removal of Improvements. <br />CITY OF SOUTH BEND RESPONSIBILITIES <br />A. The City will maintain the Improvements as shown on Exhibit A to the satisfaction <br />of INDOT. Exhibit B shows a Landscape Maintenance Plan for the <br />Improvements. <br />B. The City shall pay all costs, including but not limited to, electricity or removal of <br />the Improvements. <br />Page 1 of 4 <br />