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<br />04-ALA-61-PM 14.96/15.96 <br /> <br />other parties to the MOU for the maintenance of each party's responsible <br />areas of STREETSCAPING within State right of way except for those <br />portions of SR-61 delineated for exclusive vehicular operations. <br /> <br />6. Now, the Parties to this Agreement mutually desire to specify the <br />maintenance responsibility for STREETSCAPING as between themselves, in <br />particular the maintenance functions to be performed by CITY, and to specify <br />the terms and conditions under which such work will be performed on <br />STATE right of way. <br /> <br />II. AGREEMENT <br /> <br />This Agreement shall supersede any previous Agreement relating solely to the <br />operation and maintenance of the STREETSCAPING to be performed by CITY. <br /> <br />1. CITY shall operate STREETSCAPING and perform such maintenance work as <br />is hereinafter specified for the STREETSCAPING as shown on the plan map <br />attached hereto and marked Exhibit A and made a part hereof by this <br />reference, under Section III of this Agreement. <br /> <br />2. CITY and its contractors will apply for and renew necessary encroachment <br />permits for all required maintenance work within the SR-61 right of way in <br />accordance with STATE standard permit procedures before entering onto the <br />SR-61 right of way to perform CITY maintenance functions. Receipt by CITY <br />and/or its contractors of approved encroachment permits shall constitute <br />their authorization from STATE to proceed with the described <br />STREETSCAPING maintenance work. <br /> <br />3. An encroachment permit from STATE will be required for third parties if CITY <br />re-delegates its maintenance work. Such re-delegated work shall be subject <br />to the same inspections and levels of service as specified herein for work <br />performed directly by CITY forces. <br /> <br />4. The application by a CITY contractor for each said encroachment permit shall <br />be made through the STATE's Encroachment Permits Unit and shall include <br />proof that contractor has delivered an insurance certificate evidencing the <br />presence of combined personal injury and property damage and liability <br />insurance covering maintenance of STREETSCAPING in an amount of not <br />less than $1,000,000 while naming the California Department of <br />Transportation and its employees as additional insured. <br /> <br />2 <br />