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CSJ: 0914-33-036, Etc. 176. Traffic Signal Upgrade City of San Marcos, Hays Co. STATE OF TEXAS ~ COUNTY OF TRAVIS ~ LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR THE UPGRADING OF TRAFFIC SIGNALS WITHIN A MUNICIPALITY THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of San Marcos, Hays County, acting by and through its duly authorized officials, hereinafter called the "City." WITNESSETH WHEREAS, a Master Advance Funding Agreement (MAFA) between the City and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Governing Body of the City has approved entering into this LPAFA by Resolution or Ordinance - Attachment A which is attached hereto and made a part hereof, for development of the specific project (the Project) the project funding of which is identified in the Proiect Budaet Estimate and Source of Funds - Attachment B which is attached hereto and made a part hereof; and, WHEREAS, the Texas Transportation Commission passed Minute Order 108812 that provides for the development of, and funding for, the Project described herein. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the MAFA, without exception. 2. Prior to the completion of construction and the assumption of maintenance and operations by the City of the traffic signals and traffic signal control system installed within this project, termination of this LPAFA shall be under the conditions as stated in the MAFA. Upon assumption of said maintenance and operations by the City, this agreement may be terminated by one of the following conditions: . By mutual agreement and consent of both parties. . By the State, upon thirty (30) days written notice to the City for failure of the City to provided adequate maintenance and operation services for those traffic signals which the City has agreed to maintain and operate. . By the State, upon sixty (60) days written notice to the City that the State will assume operation and maintenance at the end of the one (1) year period upon completion of the Project. . By the City, upon one hundred twenty (120) days written notice to the State. LPAFATS Page 1 of 7 Revised 8/1/03