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industrial waste water into any storm sewers constructed as a part of this improvement, <br /> a copy of which is attached hereto as "Exhibit B". <br /> 8. The CITY shall exercise its franchise rights to cause private utilities to be relocated, if <br /> required, at no expense to the STATE. <br /> 9. The CITY agrees to cause its utilities installed on right of way after said right of way was <br /> acquired by the STATE or installed within the limits of a roadway after the said <br /> roadway's jurisdiction was assumed by the STATE, to be relocated and/or adjusted, if <br /> required, at no expense to the STATE. <br /> 10. Upon final field inspection of the improvement and so long as FAP 710 (BUS US 51) is <br /> used as a State Highway, the STATE agrees to maintain or cause to be maintained the <br /> two structure, including the median between the structures, the two 12 foot through <br /> traffic lanes on each structure, the ramps and crossovers, and the curb and gutter or <br /> stabilized shoulder adjacent to those traffic lanes to be maintained by the STATE. <br /> 11. Upon final field inspection of the improvement, the CITY agrees to maintain or cause to <br /> be maintained those portions of the improvement which are not maintained by the <br /> STATE, including, sidewalks, crosswalk and stop line markings, CITY owned utilities <br /> including appurtenances thereto, highway lighting including furnishing the electrical <br /> energy therefore and shall maintain the closed drainage system on the bridges, storm <br /> sewers, and appurtenances constructed as part of this improvement by performing those <br /> functions necessary to keep the sewer in a serviceable condition including cleaning <br /> sewer lines, inlets, manholes and catch basins along with the repair or replacement of <br /> pipe, inlet, manhole and catch basins' frames, grates or lids. <br /> 12. The CITY agrees to provide written approval of that portion of the plans and <br /> specifications relative to the CITY financial and maintenance obligations described <br /> herein, prior to the STATE'S advertising for the aforedescribed proposed improvement, a <br /> copy of which is attached as Exhibit C. <br /> 13. The CITY agrees to execute a temporary use permit for the contractor to access <br /> property owned by the CITY for the installation of the storm sewer system on the City <br /> property. <br /> 14. Obligations of the STATE and CITY will cease immediately without penalty or further <br /> payment being required if, in any fiscal year, the Illinois General Assembly or Federal <br /> funding source fails to appropriate or otherwise make available funds for this contract. <br /> This AGREEMENT and the covenants contained herein shall be null and void in the event <br /> the contract covering the construction work contemplated herein is not awarded within the <br /> three years subsequent to execution of the agreement. <br /> This agreement shall be binding upon and to the benefit of the parties hereto, their <br /> successors and assigns. <br /> -3- <br />