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AGREEMENT OF MAINTENANCE OF STATE HIGHWAY PLANTING IN THE CITY <br /> OF SANTA ANA <br /> <br /> This AGREEMENT, made and executed in duplicate this 18th day <br />of November 18 1996, by and between the State of California, acting <br />by and through the Department of Transportation, hereinafter <br />referred to as "STATE" and the city of SANTA ANA, hereinafter <br />referred to. as "CITY". <br /> <br />WITNESSETH: <br /> <br />A. RECITALS: <br /> <br /> The Parties desire to provide for the City to Maintain <br />Landscaped areas within State Highway right of way at the <br />Intersection of State Route 5 at Santa Ana Blvd and Grand Avenue, <br />17th Street and Penn Way, and Main Street as shown on Exhibit "A". <br /> <br />B. AGREEMENT <br /> <br /> In consideration of the mutual covenants and promises herein <br />contained, the CITY agrees: <br /> <br />To provide and apply fertilizer as necessary to sustain <br />healthy growth. To maintain a separate irrigation system and <br />pay for water and electrical cost. <br /> <br />2. To control weeds at a level acceptable to the State <br /> and to provide access for Caltrans to maintain <br /> Interchange. <br /> <br />the <br /> <br />3 o <br /> <br />To keep grass and lawn areas mowed and trimmed to eye pleasing <br />appearance. <br /> <br />To use only those pesticides and fertilizers approved by the <br />State, and in a manner consistent with label and legal <br />restrictions. <br /> <br />5. To replace unhealthy or dead plantings as they are observed. <br /> <br />6 o <br /> <br />To keep entire area pOliced and free of litter and deleterious <br />material. <br /> <br />To maintain and operate irrigation system in a manner that <br />prevents water from flooding onto State Highway. <br /> <br />8 o <br /> <br />To maintain and repair City sidewalk and raised curb adjacent <br />to City maintained landscape within State Right of Way shown <br />in Attachment A as needed. <br /> <br />9. To allow random inspection by a State representative. <br /> <br /> <br />