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A-2008-199 INSURANCE NOT C ~'~~D ~~'Y' WORKMAY ~oUC t AGREEMENT FOR LANDSCAPE MAINTENANCE -~ CLERK OF C ~ N~ ~ooa nATE~ NQ WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 22 WITHIN THE CITY OF SANTA ANA C " 3 6~`~s•od~~~ ~ ~~~ ~ ~ ~ J~ THIS AGREEMENT is made and executed effective this ~ ~'~ day of ~'c,~,~. u , 2008, by and between the State of California, acting through its Department of Transportation, hereinafter referred to as "STATE," and the City of Santa Ana, a charter city and municipal corporation hereinafter referred to as "CITY," together referred to as "PARTIES". This AGREEMENT is necessitated as the result of CITY's proposal to use the north side of Route 22 at the La Veta interchange (AREA 1, AREA 2 and AREA 3 referred as LOCATION) for a landscaping project at Post mile 10.0-10.5, as depicted on attached Exhibit "A"(Layout Sheet, Planting Sheets HP-59, HP 60 and HP61). This- LOCATION was used for staging and parking area for the Court Referral Program Workers (Special People Program, SPP). The purpose of this Agreement is also to document that as the owner of this LOCATION, STATE, reserves the right to restore this LOCATION, if necessary, in future for STATE's exclusive uses, including but not limited to, future construction related materials storage, construction of other facilities and staging area for the Special People Program when needed over the long term and in compliance with Section III, Article e of this Agreement. Under these circumstances, CITY will be held responsible to restore this LOCATION to the condition that is acceptable by STATE at the CITY's sole cost. RECITALS: WITNESSETH 1. PARTIES desire to work together to allocate their respective obligations relative to newely constructed or revised improvement within STATE's right of way (Cooperative Agreement, District No. 12-456), which was executed on November 18, 2002 between STATE and OCTA. 2. This Agreement addresses CITY's responsibilities that include, but are not limited to, landscaping, planting, irrigation systems, litter and weed removal, Biofiltration Swales, Linear Radial Gross Solid Removal Devices, sidewalks, bike paths, and parking restriction signs (collectively the "LANDSCAPING") placed within State Highway right of way on State Route 22, as shown on Exhibit A, attached hereto and incorporated herein as a part of this Agreement. 3. In consideration of the mutual covenants and promises herein contained, CITY agrees to be solely responsible for the maintenance responsibilities. Those include, but are not limited to, inspection, providing emergency repair, replacement, & maintenance, (collectively hereinafter "MAINTENANCE") of LANDSCAPING as shown on said Exhibit "A."