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(. M-IOI-KP 5.8/1 9.2 SM - 101 - I~ 5.8/19.2 AGREEMENT FOR MAINTENANCE OF BICYCLE PATH AND RECLAIMED WATER LINE and between the Department of Transportation, State of California, hereinafter referred to as "STATE", and the City of REDWOOD CITY, hereinafter referrred to as "CITY". A. RECITALS 1. A bicycle path, hereinafter referred to as "PATH", is to be constructed by STATE using a portion of STATE right of way. 2. The PATH, which is located within CITY limits and City of San Carlos, and within STATE's right of way along State Route 101 from the Whipple Avenue on-ramp to the Sky Way frontage road in REDWOOD CITY, all as shown in Exhibit A. 3. The parties desire to specify the distribution of operating and maintenance responsibility for the PATH as between both parties and to specify the terms and conditions under which such work will be performed on STATE right of way. 4. STATE owns the underlying property below the PATH and reserves the right to use that PATH and STATE's right of way for temporary highway maintenance purposes and/or permanent future highway right of way without restrictions and/or obligations of any kind due the other parties to this Agreement. 5. CITY desires to place a 24-inch Reclaimed Water Line, hereinafter referred to as "IMPROVEMENT", which the CITY is proposing to place within the PATH. B. AGREEMENT In consideration of the mutual covenants and promises herein contained, it is agreed: 1. CITY shall perform maintenance work as hereinafter described under Secfon D. 2. CITY agreed to maintenance part of the path (460) in City of San Carlos. 3. CITY shall maintain, at City's expense, all PATH improvements, including, but not limited to, the Bay-side fence, the supporting slope, the surface paving and delineation markings, signage, and the structural adequacy of the PATH as shown on Exhibit A, which is made a part hereof. 4. Permissive rights granted to CITY under this Agreement are restricted to maintenance duties as outlined herein and the operation of the PATH facility by recreational users. No motor driven vehicles shall be permitted on the PATH except those vehicles directly operated by STATE and/or its designees, REDWOOD CITY, and Pacific Gas and Electric Company employees operating under a separate encroachment permit issued by STATE. Any other use by CITY including vehicles of each contractor acting for CITY will also require an encroachment permit from STATE. 5. CITY shall not, at any time, use or permit the public to use PATH in any manner that will interfere with or impair the primary highway transportation use of STATE's right of 1 my 05/31/0l