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Agreement 04-2958 Project No. 0424000060 Project Development Agreement 2017-02-17/HIA (Created October 5, 2023) 9 of 22 43. PERMITTEE will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy. 44. PERMITTEE will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for CALTRANS' concurrence prior to issuing the notices to owner and executing the utility agreement. All utility conflicts will be fully addressed prior to Right-of-Way Certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the PROJECT plans, specifications, and estimate. 45. PERMITTEE will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor. 46. Acquisition of right-of-way will not occur prior to the approval of the environmental document without written approval from the CEQA Lead Agency. 47. The CEQA Lead Agency will hear and adopt Resolutions of Necessity when authorized to do so by law or will work with local agencies having jurisdiction and authorized under the law to hear and adopt Resolutions of Necessity. The CEQA Lead Agency will conduct and document Condemnation Evaluation Meetings and Condemnation Panel Review Meetings as required in accordance with CALTRANS policy and guidance. CALTRANS will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel Review Meetings. 48. If PERMITTEE acquires any right-of-way to be incorporated into the State Highway System, PERMITTEE will first acquire in its own name. Title to the State Highway System right-of-way will ultimately be vested in the State. CALTRANS’ acceptance of title will occur after the Right-of-Way Closeout activities are complete. 49. PERMITTEE will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all RIGHT-OF-WAY activities. A qualified right-of-way agent will administer all right-of-way consultant contracts. PERMITTEE will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the scheduled Right-of-Way Certification milestone date for review.