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Page 1 of 20 <br />JOINT USE AND MAINTENANCE AGREEMENT <br />Between <br />THE INDIANA DEPARTMENT OF TRANSPORTATION <br />And <br />CITY OF SOUTH BEND, INDIANA <br />Concerning <br />BRIDGE ENHANCEMENTS <br /> <br />This Joint Use and Maintenance Agreement (“Agreement”) is made by and between the State of <br />Indiana, acting by and through the Indiana Department of Transportation (hereinafter referred to <br />as “INDOT”), and the City of South Bend, Indiana (hereinafter referred to as the “CITY”), and <br />jointly referred to as the “Parties,” is executed pursuant to the terms and conditions set forth herein <br />and shall be effective as of the date of approval by the Office of the Indiana Attorney General. In <br />consideration of those mutual undertakings and covenants, the Parties agree as follows: <br /> <br />RECITALS <br /> <br /> WHEREAS, INDOT is replacing the bridge on US 20 over US 31 (the “Bridge”) under <br />Des. No. 1701538/Contract No. B-40600 in South Bend, Indiana (the “Project”); and <br /> <br />WHEREAS, the CITY has requested to add aesthetic appeal to the Bridge in the form of <br />a gateway sign into the CITY (hereinafter referred to as “Bridge Enhancements”), which are <br />described in Exhibit A, attached hereto and incorporated herein by reference; and <br /> <br /> WHEREAS, it is of mutual interest and benefit to install the Bridge Enhancements during <br />the Project, and the Parties desire to delineate certain installation and maintenance costs and <br />responsibilities related to the Bridge Enhancements; and <br /> <br /> WHEREAS, the CITY has agreed to be solely responsible for all costs associated with the <br />installation and maintenance of the Bridge Enhancements; and <br /> <br /> WHEREAS, the installation and maintenance will occur within the state-owned or <br />controlled right-of-way, under the jurisdiction of INDOT, as shown in Exhibit A; and <br /> <br /> WHEREAS, it is of mutual interest for INDOT and the CITY to cooperate in providing <br />highway improvements for the convenience and safety to the public; <br /> <br /> NOW THEREFORE, the Parties to this Agreement hereby agree to the following terms <br />and conditions. <br /> <br />ARTICLE I. PURPOSE AND TERM <br />1.1 Recitals. The Recitals recorded above are incorporated by reference into this Agreement. <br />All captions, section headings, paragraph titles and similar items are provided for the purpose of <br />reference and convenience and are not intended to be inclusive, definitive or to affect the <br />interpretation of this Agreement.