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FREEWAY MAINTENANCE AGREEMENT <br />THIS AGREEMENT, made and entered into in duplicate, effective this <br />day of 2008, is by and between the State of California, acting by <br />and through the Department of Transportation, hereinafter referred to as "STATE," and <br />the City <br />of Santa Ana, a charter city and municipal corporation, hereinafter referred to as "CITY" <br />WITNESSETH: <br />A. WHEREAS, on , 20 a Freeway Agreement was <br />executed between CITY and STATE wherein CITY agreed and consented to <br />certain adjustments of the local street and road system required for the <br />development of that portion of State Highway Route 22 from 0.06 mile west City <br />limit (PM R9.85) at Bristol Street to 0.25 east City limit (PM R12.8) at Cambridge <br />Street within the jurisdictional limits of CITY as a freeway; and <br />B. WHEREAS, said freeway has now been completed or is nearing completion, and <br />the parties hereto mutually desire to clarify the division of maintenance <br />responsibility as to separation structures, and local CITY streets and roads, or <br />portions thereof, and landscaped areas lying within or outside the freeway limits; <br />and <br />C. WHEREAS, under Section of the above Freeway <br />Agreement, CITY has resumed or will resume control and maintenance over each <br />of the relocated or reconstructed CITY streets except on those portions thereof <br />adopted as a part of the freeway proper. <br />NOW THEREFORE, IT IS AGREED: <br />When a planned future improvement has been constructed and/or a minor <br />revision has been effected within the limits of the freeway herein described, <br />which affects the parties division of maintenance responsibility as described <br />herein, STATE will provide a new dated and revised Exhibit "A" and " B" which <br />will be made a part hereof by an amendment to this Agreement when executed <br />by both parties, which will thereafter supersede the attached original Exhibit A <br />and Exhibit B (B 1 and B2) which will then become part of this Agreement. <br />2. VEHICULAR AND PEDESTRIAN OVERCROSSINGS <br />STATE will maintain, at STATE expense, the entire structure of any vehicular <br />and pedestrian overcrossings below the deck surface except as hereinafter <br />provided. CITY will maintain, at CITY expense, the deck and/or surfacing (and <br />25Y-2 <br />