Joint Use and Maintenance Agrmt - Decorative Lettering South Bend US 31 By Pass & Michigan Street

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Page 2 of 20 1.2 Purpose. The purpose of this Agreement is to delineate installation and maintenance responsibilities and the costs associated with said installation and maintenance of the Bridge Enhancements. The CITY understands and agrees that if and when the Bridge Enhancements conflict with the operation, maintenance, regulation, construction or reconstruction of any part of the state-owned or controlled right of way or any other state highway facility, the Bridge Enhancements shall be altered or removed entirely to accommodate use of INDOT highway right- of-way for state highway purposes, at no cost to INDOT. 1.3 Term. This Agreement shall be effective as of the date approved by the Office of the Attorney General and shall continue in full force and effect as long as the Bridge Enhancements remain in place. 1.4 Temporary Joint Use of Right-of-Way. Subject to the terms and conditions of this Agreement, INDOT grants permission to the CITY, its employees and its contractors to enter upon the state-owned or controlled right of way, as identified in Exhibit A (the “Right-of-Way”), for the sole and exclusive purposes of inspecting, maintaining, operating and repairing the Bridge Enhancements. The CITY shall notify INDOT of its intent of entering on to the Right-of-Way whenever doing so could affect flow of traffic or the safety of the traveling public on US 20 or US 31 at least ten (10) business days before commencing any such work. This includes even minor or routine maintenance and repair activities if traffic on US 20 or US 31 may be affected. Pursuant to applicable state and federal law, for highway and limited access facilities, INDOT must grant written permission for each entry into the Right-of-Way, which must be based on specific traffic control and/or worker safety plans. Accordingly, as a condition precedent to giving effective notice, the CITY shall provide to INDOT all such traffic control and worker safety plans and other information as INDOT shall request or require in connection with granting such permission. The CITY shall not enter upon the Right-of-Way until the CITY has received written approval from INDOT, which shall not be unreasonably withheld, to enter upon the Right-of-Way. INDOT shall only be required to approve the CITY’s request to enter upon the Right-of-Way if the CITY’s request is consistent with all applicable federal and state laws and this Agreement. 1.5 No Interest in the Land. The parties understand that this Agreement does not: (1) grant any interest or other rights in the land, either temporarily or permanently; or (2) establish a shared- use facility which would require replacement if INDOT has a need to use the affected property for highway purposes in the future. ARTICLE II. CITY’S RESPONSIBILITIES 2.1 Funding. A. The CITY has agreed to be responsible for the construction, maintenance and costs of the Bridge Enhancements for the beautification and improvement to the aesthetic appeal of the neighborhood, as shown in Exhibit A. The CITY be responsible for all costs of the Bridge Enhancements, including all costs of change orders, cost increases, and cost overruns. B. The CITY shall pay the full estimated cost of the Bridge Enhancements (as shown on Exhibit A) to INDOT no later than thirty (30) days prior to letting of the Project, which