CAL DEPT OF TRANSP MASTER AGREEMENT (04-5101) 2007

• ARTICLE III -MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed constructed, rehabilitated, or restored by PROJECT for its intended public use until such time a;: the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intender: public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed federal-aid construction contract or upon contractor being relieved of the responsibility for maintaining and protectinc. PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorizes: representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separatE: maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies: providing for the operation, maintenance, ownership and liability of PROJECT. Until thosE: agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJEC-I operations, maintenance, ownership and liability in a manner satisfactory to the authorizes: representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice fron~ STATE that a PROJECT, or any portion thereof, is not being properly operated and maintainer: and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, thc: approval of future federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE: and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacates: through due process of law with STATE's concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff oi' engineers and/or such other professionals and technicians as PROJECT reasonably require; Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. AI maintenance will be performed at regular intervals or as required for efficient operation of thE: complete PROJECT improvements. Page 7 of 26