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

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Page 3 of 20 is currently scheduled for August 10, 2021. Should the CITY fail to do so, INDOT may, in its sole discretion, elect to let the Project without including the Bridge Enhancements work items. C. After the final Project audit is approved by INDOT, the CITY shall, within forty-five (45) days after receipt of INDOT’s bill, make final payment to INDOT for all unpaid costs of the Bridge Enhancements, or INDOT shall, within forty-five (45) days after approval of the audit, refund any overpayment to the CITY. 2.2 On an annual basis, but no later than March 31st of each year, the CITY shall submit a maintenance plan to the LaPorte District Permit Manager for approval prior to commencement of any maintenance activities within the Right-of-Way. The maintenance plan shall identify the types of maintenance activities to be completed and an estimated schedule of when these activities will occur. All painting of the Bridge Enhancements shall be performed by a contractor prequalified by INDOT. The LaPorte District Permit Manager shall promptly notify the CITY of any concerns or deficiencies in the plan. The CITY shall conduct all maintenance work in accordance with all applicable federal and state laws as well as INDOT standards, policies and procedures promulgated by INDOT relative to this Agreement. 2.3 In accordance with Section 2.2 of this Agreement, the CITY shall notify INDOT and submit a Maintenance of Traffic (MOT) plan thirty (30) days prior to any maintenance activities if such activities require lane closures or traffic restrictions on US 20 or US 31. 2.4 Any use of the Right-of-Way permitted by this Agreement remains secondary to the interest of INDOT to use the Right-of-Way for highway or other transportation purposes. The CITY agrees that it shall surrender the Right-of-Way upon which the Bridge Enhancements are located, whether in part or in its entirety, if, in INDOT’s discretion, the Right-of-Way or any portion thereof, is required for future expansion, modification, or maintenance of US 20 or US 31. The CITY understands and agrees that it shall not be entitled to any damages or any other compensation in the event that INDOT requires complete or partial removal of the Bridge Enhancements for any reason. Except in cases of emergency (i.e., eminent threat of harm to the traveling public), INDOT will provide ninety (90) days written notice to the CITY that the Bridge Enhancements must be removed or modified. If the Bridge Enhancements are not removed or modified to INDOT’s satisfaction within ninety (90 ) days of issuance of notice under this Section, INDOT may remove the Bridge Enhancements and bill the CITY for costs of removal. 2.5 When performing work required hereunder, the CITY shall at all times adhere to the traffic control measures found in the most recent version of the Manual on Uniform Traffic Control Devices, as then-currently adopted by INDOT. 2.6 The CITY’s maintenance activities performed shall not create any adverse impact or interfere with the safety and travel of the motoring public. 2.7 The CITY shall not erect any signs, sculptures, or structures within the Right-of-Way without the prior approval of INDOT. 2.8 The CITY shall be responsible for the CITY’s improvements within the Right-of-Way. To the extent permitted by law, the CITY shall indemnify and hold INDOT harmless for any claims