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4-20-22 <br />04 -Ala 580 PM19.9 <br />2. If there is mutual agreement on a change in the maintenance responsibilities <br />between PARTIES, the PARTIES can revise the Exhibit A by a mutual written execution <br />of the exhibit. <br />3. CITY must obtain the necessary Encroachment Permits from STATE's District 4 <br />Encroachment Permit Office prior to entering STATE right of way to perform CITY <br />maintenance responsibilities. This permit will be issued at no cost to CITY. <br />4. VEHICULAR OVERCROSSINGS <br />4.1. CITY will maintain, at CITY expense, the deck wearing surface and drainage <br />system and all portions of the structure above the bridge deck, including, but <br />without limitation, sidewalks, bridge rails and screens, lighting installations, signs, <br />pavement markings, that may be required for the benefit or control of <br />pedestrians and traffic traveling over that overcrossing structure. <br />4.2. As directed by section 92.6 of the Streets and Highways Code, at locations <br />determined by STATE, screening shall be placed on STATE freeway overpasses on <br />which pedestrians are allowed. All screens installed under this program will be <br />maintained by STATE, at STATE expense. <br />5. WALLS, SOUNDWALLS, AND COLUMNS - CITY is responsible for the wall in its entirely <br />including debris removal, cleaning and painting to keep CITY's side of any wall <br />structure or column free of debris, dirt, and graffiti. <br />6. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or <br />other types of roadside improvements of PROJECT lying outside of the fenced area <br />restricting walk-on access to the freeway. <br />7. BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted <br />encroachments within STATE's right of way, CITY is solely responsible for all permitted <br />improvements, including but not limited to the delineation, fencing, guard railing, <br />drainage facilities, slope and structural adequacy. CITY will maintain, at CITY <br />expense, a safe facility for bicycle travel along the entire length of the <br />path/lane/cycle track by providing sweeping and debris removal when necessary; <br />and all signing and striping, and pavement markings required for the direction and <br />operation of that non -motorized facility. <br />8. LEGAL RELATIONS AND RESPONSIBILITIES <br />8.1. Nothing within the provisions of this Agreement is intended to create duties or <br />obligations to or rights in third parties not parties to this Agreement or to affect <br />the legal liability of a PARTY to the Agreement by imposing any standard of care <br />2 <br />