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ATTACHMENT 1 6. Landscape replacements installed outside of Caltrans right-of--way shall be maintained by the responsible Local Agency. 7. Proposed landscape replacements within Caltrans right-of--way shall not exceed the maximum cost per acre (as established and adjusted annually by the Caltrans Principal Landscape Architect) if it is required to be maintained by the State. A Caltrans encroachment permit will be required for this work. 8. Per Caltrans policy, Caltrans maintains the minimum standazd of landscaping in the State right of way. Any new landscaping which causes existing landscaped azeas to exceed Caltrans' maximum cost per acre (as established and adjusted annually by the Caltrans Principal Landscape Architect) within the State right of way will be maintained entirely by the responsible Local Agency for a period of 20-years (including plant establishment). Anew maintenance agreement or amendment of an existing agreement shall be required by Caltrans if the landscape replacement implemented in the State right of way exceeds the maximum cost per acre. 9. Each Local Agency will provide the environmental clearance documents and design package for their portion of the landscape replacements in their jurisdiction. 10. Each Local Agency is responsible for implementing their entire funding of the Landscape Replacement Project. Any unused portion of the funding will be redistributed to other Local Agencies, either individually or collectively, to augment the Landscape Replacement Project. 11. RM2 funds for landscape replacement work apply only to the construction phase including the plant establishment period. Such funds may not be used for the project approval and environmental document (PA/ED) phase, design phase, construction management, or maintenance after the plant establishment period. 12. RM2 funds can be used to fund landscape replacement work identified in other proposed projects along the I-580 corridor within the HOV lane project limits. Article II: ACCMA Agrees: 1. To apply to MTC for RM2 funds for this landscape replacement work, and to distribute such funds on a reimbursement basis to the Local Agencies pursuant to detailed funding agreements between ACCMA and each Local Agency. 2. To meet with Caltrans and Local Agencies upon request to address issues related to this landscape replacement work. 3. To prepaze a Caltrans Supplemental Project Report to assist in meeting the environmental cleazance requirements for the I-580 EB landscape removal and replacement work. March 27, 2008 Page 3 of 6