HomeMy WebLinkAboutState of California - 1972 Highway Maintenance Agreement
FREEWAY }~INTENANCE AGREEMENT
THIS AGREEMENT, made and entered into, in duplicate,
this 18th , day of December , 19.11-, by and
between the State of California, acting by and through the
Department of Public Works, Division of Highways, hereinafter
for convenience referred to as "the State," and the City of
Gilroy, hereinafter for convenience referred to as "the City,"
witnesseth:
WHEREAS, on July 24, 1967, a Freeway Agreement was
executed between the County of Santa Clara and the State
relating to the development, as a freeway, of a portion of
Route 101, within the limits of the County of Santa Clara, and
WHEREAS, the corporate limits of the City now include
certain areas referred to in said Agreement and the City has
taken over control and maintenance of certain county roads,
hereinafter referred to as city streets, and
WHEREAS, on September 8, 1964, a Freeway Agreement
was executed between the City and the State wherein the City agreed
and consented to certain adjustments of the city street system
required for the development of that portion of State Highway
Route 101, within the limits of the City of Gilroy, as a freeway,
and
WHEREAS, under the provisions of Said Freeway Agreement
dated July 24, 1967, the County agreed to, and the City is
thereby obligated to certain adjustments in the city street
system, made necessary by the freeway plan, and
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WHEREAS, said freeway has now been completed or is nearing
completion, and the parties hereto mutually desire to clarify
the division of maintenance responsibility as to separation
structures, and city streets or portions thereof, and landscaped
areas, within the freeway limits, and
WHEREAS, under Section 3 of the above Freeway Agreements,
the City will resume control and maintenance over each of the
relocated or reconstructed city streets except on those portions
thereof adopted as a part of the freeway proper.
NOW THEREFORE, IT IS AGREED:
1. ROADWAY SECTIONS
The City will maintain, at City expense, all portions
of city streets and appurtenant structures and bordering areas,
within the shaded areas on the attached map marked Exhibit
"A", entitled "Freeway Maintenance Agreement with the City of
Gilroy, 04-SCI-lOl, P.M. 4.0jR8.0", consisting of seven sheets
dated November 13, 1972, and made a part hereof by this reference.
2. VEHICULAR UNDERCROSSINGS
The State will maintain the structure proper. The road-
way section, including the traveled way, shoulders, curbs,
sidewalks, walls, drainage installations and traffic service
facilities, will be maintained by the City.
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3. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES
Landscaped areas within the limits reserved for freeway
use, including traffic interchanges and on and off-ramp areas
but excluding frontage road areas, will be maintained by the
State, at State expense. All plantings or other types of road-
side development lying outside of the area reserved for freeway
use will be maintained by the City at City expense.
4. RESPONSIBILITY
It is Q~derstood and agreed that neither the State
nor any officer or employee thereof is responsible for any
damage or liability occurring by reason of anything done or
omitted to be done by the City under or in connection with
any work, authority or jurisdiction delegated to the City under
the Freeway Agreementsand further clarified by this Freeway
Maintenance Agreement. It is also understood and agreed that
pursuant to Government Code Section 895.4, the City shall fully
indemnify and hold the State harmless from any damage or lia-
bility occurring by reason of anything done or omitted to be
done by the City under or in connection with any work, authority
or jurisdiction delegated to the City under the Agreements.
It is understood and agreed that neither the City nor
any officer or employee thereof is responsible for any damage
or liability occurring by reason of anything done or omitted
to be done by the State under or in connection with any work,
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authority or jurisdiction not delegated to the City under the
Freeway Agreements and further clarified by this Freeway Mainte-
nance Agreement. It is also understood and agreed that pursuant
to the Government Code Section 895.4, the Department shall
fully indemnify and hold the City harmless from any damage
or liability occurring by reason of anything done or omitted
to be done by the State under or in connection with any work,
authority or jurisdiction not delegated to the City under the
Freeway Agreements and further clarified by this Agreement.
5. EFFECTIVE DATE
This Agreement shall be effective upon the date of its
execution by the State; it being understood and agreed, however,
that the execution of this Agreement shall not affect any pre-
existing obligations of the City to maintain designated areas
pursuant to prior written notice from the State that work in
such areas, which the City has agreed to maintain pursuant
to the terms of the Freeway Agreements, has been completed.
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STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
ROBERT J. DATEL
STATE HIGHWAY ENGINEER
By ~~ ~ k~<
D yDi ric~J ngineer
CITY OF GILROY
By
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.lYlayor Pro tempore ;
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Depu~~ cff;"{g{~~k' j/ (/ ~_-t(J <<'--
RESOLUTION NO. 1697
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING
FREEWAY !4AINTENANCE AGREEr1ENT.
WHEREAS, the State of California, through its Department
of Public Works, Division of Highways, has presented an agreement
entitled "Freeway Haintenance Agreement" which concerns State
Highway Route 101, in the City of Gilroy between 1.4 miles south
of Thomas Road and 0.5 mile north of Leavesley Road, and
WHEREAS, the City Council has heard read said agreement
in full and is familiar with the contents thereof;
THEREFORE, be it resolved by the City Council of the
City of Gilroy that said Freeway Maintenance Agreement be and
the same is hereby approved and the Mayor and the City Clerk are
directed to execute the same on behalf of said City.
ADOPTED THIS
18th
DAY OF December
,
19.11:-.
Attest:
I hereby certify that the foregoing resolution was
duly and regularly passed by the City Council of the City of
Gilroy at a regular meeting thereof held
December 18
,
19 72 .
Deputy
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City Clerk
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