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<br />25 <br /> <br />MULTIPLE USE AGREEMENT <br /> <br />STATE OF TEXAS <br />COUNTY OF TRAVIS <br /> <br />§ <br />§ <br /> <br />THIS AGREEMENT made this ;;1711-1 day of ,juwé A.D. 198'1, <br />by and between the State Department of Highways and Public Transportation, <br />hereinafter referred to as the "State," party of the first part, and the City <br />of San Marcos, hereinafter called the City party of the second part. <br /> <br />WITNESSETH <br /> <br />WHEREAS, the City has requested the State to permit the construction, <br />maintenance and operation of Ramon Lucio Park Road on the highway right-of-way; <br />and where described in attached Attachment "8". <br /> <br />WHEREAS, the State has indicated its willingness to approve the <br />establishment of such facilities and other uses conditioned that the City will <br />enter into agreements with the State for the purpose of determining the <br />respective responsibilities of the City and State with reference thereto, and <br />conditioned that such uses are in the public interest and will not damage the <br />highway facilities, impair safety, impede maintenance or in any way restrict <br />the operation of the highway facility, all as determined from engineering and <br />traffic investigations conducted by the State. <br /> <br />I. <br /> <br />AGREEMENT <br /> <br />NOW, THEREFORE, in consideration of th~ premises and of the mutual <br />covenants and agreements of the parties hereto ~o be by them respectively kept <br />and performed as hereinafter set forth, it is agreed as follows: <br /> <br />1. <br /> <br />The 7ùrties hereto will prepare or provide for the construction plans <br />for .;~e fJ.cility, and '/lill provide for the construction work as re- <br />quired by said plans. Said plans shall include the design of the <br />access control, necessary horizontal and vertical clearances from <br />highway structures, adequate landscape treatment, and general 1ayout; <br />and they shall also delineate and define the construc:ion responsibi- <br />lities of both parties hereto and when approved shall be attached to <br />the agreement and made a part thereof in a1l respects. Any future <br />revisions or addition of permanent improvements shall be made after <br />prior approval of the State. <br /> <br />Ingr~ss and egress shall be allowed at all times to such facility for <br />State forces and equipment when highway maintenance operations are <br />necessary, and for inspection purposes; and upon request, all parking <br />or other activities for periods required for such operations will be <br />proh i b ited. <br /> <br />2. <br />