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(2) <br /> <br /> District Agreement No. 12-214 <br />To iss%l~, at no cost to CITY, upon proper written application <br />by CIT~', an encroachment permit to CITY authorizing entry onto <br />STATE's right of way to perform survey and other investigative <br />activities required for preparation of the PR and ED. If CITY <br />uses consultants rather than its own staff to perform required <br />work, the consultants will also be required to obtain an <br />encroachment permit. The permit will be issued at no cost <br />upon proper application by the consultants, <br /> <br />(3) <br /> <br />To be responsible, at STATE expense, for the investigation and <br />remediation of potential hazardous waste within the existing <br />State highway right of way, if it is determined that the <br />source of contamination is within the existing State highway <br />right of way and that the contamination presents a threat to <br />public health or environment regardless of being disturbed or <br />not. If STATE's cost to mitigate is increased due to PROJECT, <br />the additional cost shall be borne by CITY. <br /> <br /> SECTION III <br /> <br />IT IS MUTUALLY AGREED: <br /> <br /> (1) Ail obligations of STATE under the terms of this Agreement are <br /> subject to the appropriation of resources by the Legislature <br /> <br /> and the allocation of resources by the California <br /> Transportation Commission. <br /> <br />5 <br /> <br /> <br />