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<br />.~;:'R l~ ':=:'==I l~: 02 .':.~L i;:;:HNS Er~G. s'../e <br /> <br />P.lel <br />3t. Agmt. NO. 4-1179-C <br /> <br />SECTION III <br />IT IS MUTUALLY AGREED AS FOLLOWSI <br /> <br />(1) All obligations of STATE under the terms of this <br /> <br /> <br />Agreement are subject to the appropriation of resources by the <br /> <br /> <br />Legislature. <br /> <br />(2) Should any portion of the PROJECT be financed with <br /> <br />Federal funds or State gas tax funds, all applicable laws, rules <br /> <br /> <br />and policies relating to the use of such funds shall apply <br /> <br /> <br />notwithstanding other prOVisions of this Agreement. <br /> <br />(3) That all phases of PROJECT, from inception through <br /> <br />construction, whether accomplished by CITY or STATE, will be de- <br /> <br />veloped in accordance with policies, procedures, practice., <br />standards and regulations that apply to STATE. <br />(4) That construction by CITY of improvements referred <br />to herein which lie within STATE highway rights ot way or affect <br />STATE facilities, shall not be commenced until CITY's original <br /> <br />contract plans involving such work, have been reviewed by STATE's <br /> <br />District Director of District 4, or his delegated Agent(a), and <br /> <br />until an Encroachment Permit authorizing such work has been is- <br /> <br />sued by STATE therefor. <br />(5) That CITY will obtain the aforesaid Encroachment <br /> <br />Permit through the office of STATE'S Oistrict 4 Permit Engineer <br />and that CITY's application therefor shall be accompanied by 7 <br />sets of blue-line prints of the aforesaid STATE reviewed contract <br />plans. Receipt thereafter by CITY of the Encroachment Psrmit <br /> <br />-11- <br />