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A-2008-202 <br />~j T.. <br />O ', i pan s ~ g~Y ~f " C'"~ ~ (3~ FRE>JWAY MAINTENANCE AGRF,FMENT <br />T~cw:d 13~orzdo~~llo <br />THIS AGREEMENT, made and entered into in duplicate, effective this 7'w` ,day of <br />Su, 2008, is by and between the State of California, acting by and through the <br />Departure t of Transportation, hereinafter referred to as "STATE," and the City o anta Ana, a <br />charter city and municipal corporation, hereinafter referred to as "CITY". ~ O PY <br />WITNESSETH: <br />A. WHEREAS, on a Freeway Agreement was executed <br />between CITY and STATE wherein CITY agreed and consented to certain adjustments <br />of the local street and road system required for the development of that portion of State <br />Highway Route 22 from 0.06 mile west City limit (PM R9.85) at Bristol Street to 0.25 <br />east City limit (PM RI2.8) at Cambridge Street within the jurisdictional limits of CITY <br />as a freeway; and <br />B. WHEREAS, said freeway has now beem completed or is nearing completion, and the <br />parties hereto mutually desire to clarify the division of maintenance responsibility as to <br />separation structures, and locsil CITY streets and roads, or portions thereof, and <br />landscaped areas lying within or outside the freeway limits; and <br />C. WHEREAS, under Section of the above Freeway Agreement, <br />CITY has resumed or will resume control and maintenance over each of the relocated or <br />reconstructed CITY streets except on those portions thereof adopted as a part of the <br />freeway proper. <br />NOW THEREFORE, IT IS AGREED: <br />1: When a planned future improvement has been constructed and/or a minor revision has <br />been effected within the. limits of the freeway herein described, which affects the <br />parties division of maintenance responsibility as described herein, STATE will provide <br />new dated and revised Exhibits "A" and " B" which will be made a part hereof by an <br />amendment to this Agreement when executed by both pasties, which will thereafter <br />sttpersede the attached original Exhibit "A" and Exhibit "B" (includes Exhibit B1, <br />Exhibit B2 and Exhibit B3) 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 and <br />pedestrian overerossings below the deck surface except as hereinafter provided. CITY <br />will maintain, at CITY expense, the deck and/or surfacing (and shall perform such <br />work as may be necessary to ensure an impervious and/or otherwise suitable surface) <br />and all portions of the structure above the bridge deck, including, but without <br />limitation, lighting installations, as well as ail traffic service facilities (signals, signs, <br />pavement markings, rails, etc.) that may be required for the benefit or control of traffic <br />using that overcrossing. Screening shall be placed at such locations (as shall be <br />determined by STATE), on STATE fieeway overpasses on which pedestrians are <br />allowed {as directed by Sect. 92.6 of the Streets and Highways Code). All screens <br />installed under this program will be maintained by STATE (at STATE expense). <br />