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04-Ala 680 PM 16.56 <br /> Agreement.The new exhibit can be executed only upon written consent <br /> of the PARTIES hereto acting by and through their authorized <br /> representatives. Any modification to this agreement must be made by <br /> written formal amendment. <br /> 4. CITY agrees, at CITY expense,to do the following: <br /> 4.1. CITY may install, or contract, authorizing a licensed contractor with <br /> appropriate class of license in the State of California, to install and <br /> thereafter will MAINTAIN (Section 27 of the Streets and Highways <br /> Code) MONUMENT conforming to those plans and specifications <br /> (PS&E)pre-approved by STATE. <br /> 4.2. CITY will submit the final form of the PS&E, prepared, stamped and <br /> signed by a licensed landscape architect,for MONUMENT to STATE's <br /> District Permit Engineer for review and approval and will obtain and <br /> have in place a valid necessary encroachment permit prior to the start of <br /> any work within STATE'S right of way. MONUMENT must meet <br /> STATE's applicable standards. <br /> 4.3. CITY shall ensure that MONUMENT areas designated on Exhibit A are <br /> provided with adequate scheduled routine MAINTENANCE necessary <br /> to MAINTAIN a neat and attractive appearance. <br /> 4.4. Obtain an Encroachment Permit rider which may be required for any <br /> changes to the scope of work allowed by this Agreement prior to the <br /> start of any work within STATE's right of way. <br /> 4.5. CITY's contractors will be required to obtain an Encroachment Permit <br /> prior to the start of any work within STATE's right of way.A permit fee <br /> will be required for CITY's contractor. <br /> 4.6. To perform regularly scheduled maintenance of the Monument for its <br /> projected lifespan, including graffiti removal and restoration work to <br /> maintain the integrity of the approved Gateway Monument. Graffiti <br /> removal must conform to current STATE policies and guidelines that <br /> require prompt removal of offensive messages and timely removal of all <br /> other graffiti. Maintenance practices must protect air and water quality <br /> as required by law. <br /> 4.7. To furnish electricity for irrigation system controls,water,and fertilizer <br /> necessary to sustain healthy plant growth during the entire life of this <br /> Agreement. <br /> 4.8. To replace unhealthy or dead plantings when observed or within 30 days <br /> when notified in writing by STATE that plant replacement is required. <br /> 2 <br />