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District Agreement No. 4-1653-C <br />ance with STATE procedures as contained in Right of Way Proce- <br />dural Handbook, Volume 9. Whenever personnel other than personnel <br />of a qualified puplic agency are utilized, administration of the <br />personnel contract shall be performed by a qualified Right of Way <br />person employed or retained by CITY. <br />(12) To deliver to STATE legal title to the right of <br />way, including any access rights, free and clear of all <br />encumbrances detrimental to STATE's present and future uses not <br />later than the date of acceptance by STATE of maintenance and op- <br />eration of the highway facility. Acceptance of said title by <br />STATE is subject to a review of a Policy of Title Insurance in <br />STATE's name to be provided and paid for by CITY. <br />SECTION III <br />IT IS MUTUALLY AGREED: <br />(1) All obligations of STATE under the terms of this <br />Agreement are subject to the appropriation of resources by the <br />Legislature and the allocation of resources by the California <br />Transportation Commission. <br />(2) In the construction of said IMPROVEMENTS, STATE sCil <br />will furnish a representative to perform the functions of a Resi- <br />dent Engineer, and CITY may, at no cost to STATE, furnish a rep- <br />resentative, if it so desires, and said representative and <br />Resident Engineer will cooperate and consult with each other, but <br />the decisions of STATE's Resident Engineer shall prevail. <br />orC <br />