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District Agreement # 12 -419 <br /> <br />STATE Project Manager. Invoices will be prepared in the manner as described in Chapter <br />5, Accounting/Invoices, of the Local Assistance Procedures Manual. <br /> <br />To retain or cause to be retained for audit by STATE or other government auditors for a <br />period of three (3) years from date of Federal Highway Administration (FHWA) payment <br />of final voucher, or four (4) years from date of final payment under the contract, <br />whichever is longer, all records and accounts relating to PROJECT. <br /> <br />Upon completion of PROJECT, to assume ownership, maintenance and liability <br />responsibility for all portions of PROJECT. <br /> <br />That this PROJECT includes the acquisition of STATE right of way and an Agreement <br />Declaring Restrictive Covenants approved by STATE will be recorded against the title of <br />all Real Property purchased with or paid for by any type of Federal or State Funds. <br /> <br />SECTION II <br /> <br />STATE AGREES: <br /> <br />1. Upon receipt of detailed invoices from CITY, to reimburse CITY for eligible costs <br /> incurred under this Agreement up to the amount of $533,000, which figure represents <br /> STATE's sole and only contribution towards costs of PROJECT. Invoices will be paid <br /> within 60 days of receipt. <br /> <br />STATE's contribution of the PROJECT expense shall be up to 88.53% of eligible <br />PROJECT costs, not to exceed $533,000 for right of way acquisition, design and <br />construction cost, as shown on Exhibit B, attached to and made a part of this Agreement. <br /> <br />SECTION <br /> <br />IT IS MUTUALLY AGREED: <br /> <br />All obligations of STATE under the terms of this Agreement are subject to the ap- <br />propriation of the resources by the Legislature and the allocation of resources by the <br />California Transportation Commission. <br /> <br />Should CITY acquire property for PROJECT or perform any work or advertise a contract <br />for PROJECT prior to the allocation of resources by the Califomia Transportation <br />Commission and prior to Federal Highway Administration approval for Federal <br />participation, there is no guarantee of STATE's and/or Federal participation and CITY <br />shall assume all risks thereof. <br /> <br />3. All applicable procedures and policies relating to the use of Federal Funds or STATE gas <br /> tax funds shall apply notwithstanding other provisions of this Agreement. <br /> <br /> <br />