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I 0 <br /> construction,reconstruction,operation and maintenance,including upgrades,modifications, and <br /> replacement of drainage features identified in Exhibit A-2. <br /> 2.1.1 The CITY will make city-owned right of way available to the STATE at no cost to the <br /> STATE for the accommodation of the drainage features identified herein,should it be determined by <br /> either the CITY or STATE that the drainage features need to be relocated,relocation of the STATE <br /> drainage features shall be at STATE expense,unless the relocation is a result of a street vacation or other <br /> action by the CITY. <br /> 2.2 The STATE hereby grants to the CITY and to its employees,and agents, a right of entry upon(1) <br /> state-owned land within or adjacent to Water Quality Site One; (2)state-owned easement obtained from <br /> Burlington Northern and Santa Fe Railroad for the Drainage/Pedestrian Bridge; and(3)state-owned <br /> easement obtained from property owner Hammer,et al,for the CITY's operation and maintenance of the <br /> facilities as further provided for in this AGREEMENT. <br /> 2.2.1 The STATE further grants to the CITY.and its invitees, including pedestrians, a right of <br /> entry to use the Trails located on(1)state-owned land within or adjacent to Water Quality Site One; (2) <br /> state-owned easement obtained from Burlington Northern and Santa Fe Railroad for the <br /> Drainage/Pedestrian Bridge structure,and(3)across the Drainage/Pedestrian Bridge structure located on <br /> an easement obtained from property owner Hammer.The PARTIES acknowledge and agree that the <br /> STATE has no authority to grant and does not grant a right of entry for pedestrian Trail use for the section <br /> of the Drainage/Pedestrian Bridge structure that is located on the state-owned easement obtained from <br /> property owner Hammer, et al. However,the PARTIES acknowledge and agree that the CITY acquired <br /> an easement from property owner Hammer, et al that encompasses the Drainage/Pedestrian Bridge <br /> structure that permits said structure to be used by pedestrians and the public. <br /> 2.2.2 The STATE specifically reserves,in its sole discretion,the right to permanently revoke <br /> or periodically suspend the pedestrian right of entry across the Drainage/Pedestrian Bridge structure or <br /> Trails located on state-owned land or state-owned easements. Before permanently revoking the right of <br /> entry,the STATE will meet with the CITY to explain the reason it wishes to revoke the right of entry and <br /> will work with the CITY in good faith to attempt to fmd a reasonable alternative to permanent revocation. <br /> 3. STATE OPERATION AND MAINTENANCE OF DRAINAGE FEATURES AND <br /> DRAINAGE/PEDESTRIAN BRIDGE <br /> 3.1 The STATE agrees to operate and maintain,at its sole cost and expense,the drainage features as <br /> identified in Exhibit A-2,located on the city-owned right of way of Lowell Road,3`d Avenue,and Main <br /> Street as identified in Exhibit A-1,both Exhibits are attached hereto and incorporated herein. The <br /> STATE shall not be required to notify the CITY of any maintenance activities unless such activities <br /> require theclosure of city streets. If street closure is required,the STATE shall notify the CITY <br /> Engineer, or his/her representative,by phone,no less than twenty four(24)hours prior to scheduled <br /> closure. <br /> 3.2 The PARTIES agree to share in the operation and maintenance of certain state-owned facilities, <br /> located either on easements or state-owned land,as shown on Exhibits A-1 and A-2 and as further <br /> provided herein. The STATE agrees,at its sole cost and expense,to operate and maintain as follows: <br /> 3.2.1 Drainage/Pedestrian Bridge: The STATE is responsible for the structure maintenance <br /> and maintenance of the attached drainage features.The STATE also agrees to remove graffiti from the <br /> structure that requires use of mechanical lifting equipment. <br /> 2 <br />