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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 -2- 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. -3- 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, -4- 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. -5- 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 "\;/ \ / . , ' '.)~ l. \ . ......-.~ ~. .lYlayor Pro tempore ; ./1--, (' / r ' 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 /., , /" / f;::';Ld -eJ 1.<> City Clerk (! {~ -<-<H. (J ~'_:~[. I- f t...-., .. 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