R2000-130 AUTHORIZING EXECUTION OF AGREEMENT

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' , ' � • ' . • , . , . 5. � The CITY has adopted and will put into effect an appropriate ordinance, prior to the execution of this Agreement, or shall continue to enforce an existing ordinance, requiring that parking be prohibited within the limits of this improvement, a copy of d hereto as "Exhibit A" and will in the future rohibit arkin at such which is attache , p p g i e ad'acent to this im rovement as ma be determined locations on or immed at ly � p y necessary by the STATE from traffic capacity studies. 6. The CITY has adopted and will put into effect an appropriate ordinance, prior to the CITY's execution of this Agreement, or shall continue to enforce an existing ordinance, prohibiting the discharge of sanitary sewage and industrial waste water into any storm sewers constructed as a part of this unprovement, a copy of which is attached hereto as "Exhibit B". 7. Prior to the CITY's execution of this Agreement, the disposition of encroachments will be cooperatively resolved with representatives from the CITY and the STATE. The CITY has adopted and will put into effect an appropriate ordinance, prior to the CITY's execution of this Agreement, or shall continue to enforce an existing ordinance, relative to the disposition of encroachments and prohibiting, in the future, any new encroachments within the limits of the improvements, a copy of which is attached as "Exhibit C". 8. The CITY shall maintain, for a minimum of 5 years after the completion of the Project, adequate books, records, and supporting documents to verify the amounts, recipients, and uses of all disbursements of funds passing in conjunction with this Agreement. All books, records, and supporting documents related to the Project shall be available for review and audit by the Auditor General and other State auditors and the CITY agrees to cooperate fully with an audit conducted by the Auditor General and other State I Auditors and to provide full access to all relevant materials. Failure to maintain the � books, records, and supporting documents required by this paragraph shall establish a ' presumption in favor of the STATE for the recovery of any funds paid by the STATE under this Agreement for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 9. The CITY agrees to comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and non-discrimination regulations required by the U.S. Department of Transportation. 10. The CITY agrees not to permit driveway entrance openings to be made in the curb, as constructed, or the construction of additional entrances, private or commercial, along Business US Route 51 without the consent of the STATE. 11. The CITY agrees to eliminate direct access from eastbound Ash Avenue to Northbound `' Prospect Drive should the STATE determine by inspection, during an engineering evaluation, that traf�c queues or stops on US Route 51, or, the STATE determines an increase in traffic accident rate or other adverse effect on traffic operations at the US Route 51/Ash Avenue intersection; either or both being reasonably attributed to the Ash Avenue/Prospect Drive turning movement. -4-