Res 2026-014 Approving an agreement with the State of Texas that clarifies responsibility for the contruction, maintenance and operation of continuous highway lighting systems.

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B. The State will not incur any financial obligation to the City as a result of this Agreement. C. This Agreement may be terminated sixty (60) days after the filing of a written notice by either party of a desire for cancellation. The State reserves the right to remove the lighting system at its own cost upon cancellation of the Agreement. The State shall provide an initial stock of spare parts equal to 20% of all parts involved in the construction project and the City shall have the first right of refusal for all parts in the event of a removal phase. Upon removal of the lighting system by the State, the State shall return any road or right of way surface from which the State has removed the lighting system to a state which is at or better than its pre -installation condition. D. If, at any time, the City does not maintain and operate the lighting system in a satisfactory manner, the State reserves the right to either arrange for maintenance at the expense of the City or to remove the lighting system. Prior to undertaking either of these options the State shall provide the City with sixty (60) days written notice and provide an opportunity for the City to cure the lack of maintenance issue. Should the lighting system be removed due to lack of maintenance, the City hereby agrees to reimburse the State for the cost of removal. E. Should disputes arise as to the parties' obligations under this Agreement, the parties agree to submit to informal mediation to resolve the dispute. F. The City and the State shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of this Agreement. G. Changes in time frame, character, cost, or obligations authorized herein shall be enacted by written amendment. Any amendment to this Agreement must be executed by both parties within the contract period. H. This Agreement shall bind, and shall be for the sole and exclusive benefit of the respective parties and their legal successors. Neither party to this Agreement shall assign or transfer its interest in this Agreement without written consent of the other party. I. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. J. This Agreement constitutes the sole and only agreement for lighting at the location described herein of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. K. At the request of the State, the City shall submit any information in its possession, custody, or control, required by the State, related to the City's obligations and performance under this Agreement in the format directed by the State. Traffic TEA21 Page 3 of 5 Revised 02/22/2019 CONTINUOUS LIGHTING - SC(100)-CMO(100)(B)