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49. STREET IMPROVEMENTS MAINTENANCE AGREEMENT WITH CITY OF PHOENIX FOR DOWNTOWN COURT TOWER PROJECT Approve an Agreement between City of Phoenix, (MH-09021) and Maricopa County through the Facilities Management Department, for the purpose of maintenance, repair and replacement of the decorative concrete features located in the following areas adjacent to the Downtown Court Tower project: (1) two crosswalks, one located on 1st Avenue, north of Jackson Street, and the other located on 1st Avenue north of Madison street; (2) approximately 79 feet of decorative concrete median on 1st Avenue, north of Madison Street; (3) decorative concrete sidewalk on west side of 1st Avenue between Jackson Street and north of Madison Street; and, approximately 409.2 feet of decorative concrete measuring 10.2 feet edge of pavement to gutter along 1st Avenue, north of Jackson Street to north of Madison Street, with inclusion of decorative concrete at entry way on 1st Avenue, north of Jackson. In the Agreement Maricopa County indemnifies the City of Phoenix for claims relating to the decorative concrete features and Maricopa County receives a limited indemnification from the City of Phoenix if the City of Phoenix has to repair the decorative concrete features. This Agreement is non-financial and is effective from January 27, 2010 until at will. By entering into this agreement, Maricopa County agrees to maintain the decorative concrete, as outlined above and in the attachments to the Agreement, for the reason that they are not the standard curbing, sidewalk, guttering, and medians installed by the City of Phoenix. (C-91-10-104-3-00)