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23 Agreement No. PW 59-10-07 CSAH 136: C.P. 0524 2. Malfunctions of EVP Systems shall be reported to the County immediately. 3. In the event said EVP Systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads, indicator lamps and all other components shall become the property of the County. 4. All timing of said EVP Systems shall be determined by the County. XIX Upon completion of the Project, the City shall thereafter continue to maintain and repair that portion of CSAH 136 reconstructed under the Project, according to the provisions set forth in the agreement which is re -written periodically between the City and the County providing for the maintenance of County owned roadways within the corporate limits of the City. It is understood and agreed that upon completion of any and all improvements proposed herein, all fencing, railings, water distribution system components, sanitary sewer systems, concrete sidewalk, concrete driveway, lighting and all municipal street construction included in said improvement shall be the property of the City and all maintenance, restoration, repair, replacement or other work or services required thereafter shall be performed by the City at no expense to the County. Notwithstanding the maintenance responsibilities of the City as specified in the previous paragraph, it is further understood and agreed that upon completion of any and all improvements proposed herein, all streetscape, landscaping and associated landscaping structures shown in the plans for the Project, shall become the responsibility of the City and all maintenance, restoration, repair, replacement or other work or services required thereafter shall be performed by the City at no expense to the County. It is further understood and agreed that said streetscape, landscaping and associated landscaping structures shall be maintained by the City in accordance with the attached "HENNEPIN COUNTY DEPARTMENT OF PUBLIC WORKS - TRANSPORTATION DIVISION; RECOMMENDED URBAN LANDSCAPE/STREETSCAPE GUIDELINES" (marked Exhibit "B") which by this reference is made a part hereof. It is further understood and agreed that upon completion of the Project, the City, at their sole cost and expense, will perform all routine maintenance on the retaining walls and retaining wall fencing constructed as a part of the Project. In the event, at any time in the future, that the retaining walls constructed as a part of the Project for highway purposes are rehabilitated and/or replaced, the County will be responsible for the costs of rehabilitation and/or replacement of said retaining walls and integral retaining wall fencing. -9- M—L-