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04-Ala 580 PM 16,7 ATTACHMENT 2 LANDSCAPE MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT OF WAY ON ROUTE 580 WITHIN THE CITY OF PLEASANTON THIS AGREEMENT is made effective this day of , 20 , by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Pleasanton hereinafter referred to as "CITY" and collectively referred to as "PARTIES". SECTION I RECITALS 1. PARTIES desire to work together to allocate their respective obligations relative to newly constructed or revised improvements within STATE's right of way by Encroachment Permit Number 0412-NLC1939. 2. This Agreement addresses CITY responsibility for landscaping, planting, irrigation systems, mulches, litter control and weed removal, biofiltration swales, lightings (collectively the "LANDSCAPING") placed within State Highway right of way on State Route 580 at the El Charro Road interchange, as shown on Exhibit "A", attached to and made a part of this Agreement. NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION II AGREEMENT 3. In consideration of the mutual covenants and promises herein contained, CITY and STATE agree as follows: 3.1. PARTIES have agreed to an allocation of maintenance responsibilities that includes, but is not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter "MAINTAIN/MAINTENANCE") of LANDSCAPING as shown on said Exhibit "A." 3.2. When a planned future improvement is constructed and/or a minor revision has been effected with STATE's consent or initiation within the limits of the STATE's right of way herein described which affects PARTIES' Division of Maintenance's responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit "A" which will be made a part hereof and will thereafter supersede the attached original Exhibit "A" to thereafter become a part of this Agreement. The new exhibit can be executed only upon written consent of the