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5 1 111 E111111, 111�, "i <br />i 311111111IIIIL�� <br />CSJ #0366-01-081 <br />ROW CSJ #0366-01-083 <br />District #14 AFA ID UAFA-14-001 <br />Utility ID # 000014034 <br />Code Chart 64 #37950 <br />Project: SH 123 at De Zavala Drive <br />AV :4 11 W W lell <br />THIS AGREEMENT is made by and between the State of Texas, acting through the Texas <br />Department of Transportation ("State") and City of San Marcos ("Utility"), <br />k"i►J Vt kV:- 6*1 F: Wo <br />WHEREAS, Transportation Code, Chapters 201, 221, and 361, authorize the State to lay out, <br />construct, maintain, and operate a system of streets, roads and highways that comprise the State <br />Highway System; and, <br />WHEREAS, Transportation Code, Chapter 203, Subchapter E, Transportation Code §203.092 <br />authorizes the State to regulate the placement of public utility facilities along a state highway; and, <br />WHEREAS, Texas Transportation Commission Minute Order Number 116292 authorizes the State <br />to undertake and complete a highway improvement generally described as: Add left Turn Lane, <br />Add Right Turn Lane ("Project"); and, <br />WHEREAS, Utility possesses facilities that are affected by the above mentioned highway <br />improvement and Utility, and the State agrees that it is more economical or efficient for such <br />relocation to be effected by including said contract in the State's highway construction contract; <br />NOW THEREFORE, in consideration of the premises and of the mutual covenants and <br />agreements of the parties hereto, to be by them kept and performed as hereafter set forth, the <br />State and Utility do agree as follows: <br />AGREEMENT <br />1. Time Period Covered <br />This agreement becomes effective when signed by the last party whose signing makes the <br />agreement fully executed, and the State and Utility will consider it to be in full force and effect <br />until the Project described in this agreement has been completed and accepted by all parties or <br />unless terminated, as provided. <br />2. Project Funding and Work Responsibilities <br />A. The State will authorize the performance of only those Project items of work which are <br />eligible for relocation reimbursements or for which Utility has requested and has agreed to <br />pay for as described in Attachment A - Payment Provision and Work Responsibilities, which <br />is attached to and made a part of this contract. In addition to identifying those items of work <br />to be paid for by payments to the State, Attachment A - Payment Provision and Work <br />AFA Utility Page 1 of 5 Revised 04/23/2021 <br />