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<br />Dis~. Agmt. No. 4-l349-C <br /> <br />SECTION III <br /> <br />IT IS MUTUALLY AGREED: <br /> <br /> <br />(1) All obligations of STATE under the terms of this <br /> <br /> <br />Agreement are contingent upon the appropriation of resou~ces by <br /> <br />the Legislature and the allocation of resources by the Cali:ornia <br /> <br />Transportation Commission. <br /> <br />(2) Construction by CITY of improvements referred to <br /> <br />herein which lie within STATE highway rights of way or affect <br /> <br /> <br />STATE facilities, shall not be commenced until CITY's original <br /> <br /> <br />contract plans involving such work and plan for utility relo- <br /> <br />cations have been reviewed and approved by signature of STATE's <br /> <br />District Director of Transportation, or the District Director's <br /> <br /> <br />delegated agent, and until an encroachment permit to CITY author- <br /> <br /> <br />izing such work has been issued by STATE. <br /> <br />(3) CITY shall obtain aforesaid Encroachment Permit <br /> <br />through the office of STATE's District 4 Permit Engineer and <br /> <br />CITY's application shall be accompanied by Five (5) sets of're- <br /> <br /> <br />duced construction plans of aforesaid STATE approved contract <br /> <br />plans. Receipt by CITY of the approved Encroachment Permit shall <br /> <br />constitute CITY's authorization from STATE to proceed with work <br /> <br /> <br />to be performed by CITY or CITY's representatives within proposed <br /> <br />STATE rights of way or which affects STATE facilities, pursuant <br /> <br /> <br />to work covered by this Agreement. CITY's authorization to pro- <br /> <br />ceed with said work shall be contingent upon CITY's compliance <br /> <br />-9- <br />