Agmt 2007 Caltrans (4) - Laserfiche WebLink

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04-ALA-61-PM 14.96/15.96 5. CITY shall not, at any time, use or permit the public to use STREETSCAPING in any manner that will interfere with or impair the primary highway transportation use of STATE's SR-61 vehicular right of way or other uses licensed by STATE. 6. CITY shall obtain all necessary design approvals and a new additional encroachment permit from STATE prior to performing any change, modification or upgrades to the STREETSCAPING. 7. CITY shall be responsible for all costs associated with protecting, relocating and/removing STREETSCAPING in the event that such action is required due to any work by STATE that would be necessary to expand, modify, maintain, or repair STATE's highway system . STATE shall provide sufficient notification to CITY prior to start of any such work. 8. STATE reserves the option to inspect, at random, all areas of STREETSCAPING to assure conformance with standard STATE maintenance levels. Such inspection will not preempt the CITY's maintenance responsibilities assumed under this Agreement. 9. ST A TE reserves its right to use all areas within STATE's SR-61 right of way for future construction, reconstruction, expansion, modification, or maintenance purposes without restriction. 10. If for any reason CITY fail to maintain PROJECT STREETSCAPING, CITY shall remove such STREETSCAPING and restore STATE's right of way to a safe condition acceptable to STATE within sixty days of receipt of written request by STATE. If CITY fails to remove such improvements, STATE may do so at CITY's expense. 11 . STATE will provide CITY with a 3D-day notice or within time extended by ST ATE in writing to bring STREETSCAPING up to an acceptable standard of maintenance before proceeding with any STATE removal of STREETSCAPING and/or maintenance of STREETSCAPING including wall treatments. The cost of such removal shall be borne by the CITY. 3