STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION - CALTRANS (5)

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Return ORIGINAL Executed Copy to COTC (M-30/T11) N-2020-034 LANDSCAPE MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 5 WITHIN THE CITY OF SANTA ANA THIS AGREEMENT is made effective this day of 20, by and between the State of California; -acting by and through the Department:ofTransportation, hereinafter referred to as "STATE" and the CITY of SANTA ANA; hereinafter referred to as "CITY" and collectively referred to as "PARTIES". SECTION I RECITALS 1. PARTIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvements within STATE's right of way by Permit Number(s) 2. This Agreement addresses CITY responsibilities which can -include but are not limited to wrought iron fencing and wrought iron -gate (collectively the "LANDSCAPING") placed within State Highway right of way on State Route 5, as shown on Exhibit A, attached to and made a part of this Agreement. NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION II AGREEMENT 1. Inconsideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows: 1.1. PARTIES have agreed to an allocation of maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter "MAINTAIN/MAMTENANCE") of LANDSCAPING as shown on said Exhibit "A." 1.2. When a planned future improvement is constructed and/or a minor revision has been effected with STATE's consent or initiation within the limits of the STATE's right of way herein described which affects PARTIES' division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit "A" which will be made a part hereof and will thereafter supersede the attached original Exhibit "A" to thereafter become a part of this Agreement. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required.