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HomeMy WebLinkAboutState of California - 1984 Highway Maintenance Agreement DlJPLICATE ORIGINArL Ai'1ENDMENT NO. 1 CITY OF GILROY DATE: MA Y 1 7, 1 984 AMENDMENT OF AGREEMENT NO" 04-5034-C entered into by and between the City of Gilroy, hereinafter referred to as "the City", and the Business and Transportation Agency of the State of California, acting by and through the Department of Transportation, hereinafter called the "Department". WITNESSETH: WHEREAS, an Agreement for Maintenance of traffic signals and intersection lighting was executed by the City and by the Department June 12,1980; and WHEREAS, said Agreement by its terms provides that it may be modified or amended at any time upon mutual consent of the parties; and WHEREAS, the parties hereto now desire that said Agreement be amended, NOW, THEREFORE, it is understood and agreed that said Agreement be and the same is hereby amended in accordance with the attached Page Two and Exhibit A dated May 17, 1984 which attached pag~ shall be substituted for like named pages in said Agreement, and shall cancel and supersede such like named pages, becoming a part of said Agreement for all purposes. herein, means the District Director of the Department of Trans- portation assigned to the territory in which the CITY is located, or his authorized representative. (b) To reimburse STATE for the actual cost of said mainte- nance, including assessments for indirect charges to be made at rates which are in effect at the time said costs arise. The amount shown on Exhibit "A", attached hereto, is only an estimate. It cannot take into account all possible contingencies. (c) That Exhibit "A" may be amended when additional signalized intersections are added or when it becomes evident that the estimated amount is consistently too low or too high. (d) That said maintenance will be done as the 'work load of STATE's forces permits and if said work load becomes too great, this Agreement may be terminated sixty calendar days after CITY receives written notice from STATE. (e) To indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from STATE's performance- under this Agreement, excepting for injuries to person or damage to property caused or resulting from the sole negligence or willful misconduct of STATE, its officers, agents and employees. SECTION II For and in consideration of the covenants and conditions to be kept and performed by CITY as set forth herein, STATE agrees: (a) To maintain traffic control signal systems at locations shown in Exhibit "A" in accordance with the provisions of Section 27 of the Streets and Highways Code when requested by CITY. -2- ",. : CITY OF GILROY EFFECTIVE July 1, 1980 AGREEMENT NO. 04-5034-C EXHIBIT A City traffic signal systems off State highways maintained by the Department of Transportation (CALTRANS) in the City of Gilroy INTERSECTION 1 . Monterey Street and Third Street 2 . Monterey Street and Fourth Street-Lewis Street 3 . Monterey Street and Fifth Street-Martin Street 4 . Monterey Street and Sixth Street 5 . Monterey Street and Seventh Street 6 . Monterey Street and Tenth Street 7. Leavesley Road and Arroyo Circle 8. Chestnut Street and Tenth Street ESTIMATED ANNUAL TOTAL $1Q,OOO . . IN WITNESS WIIEREOF, the parties hereto have set their ha:1ds and seals the day and year first above written. By CITY _~: ~ t ;.;: ~ ~,~.. '" . .~~'!: "il ~, JJ'_,.~' " ; &,/",-"', STATE OF CALIFORHIA "., < DEPARTMENT OF TRANSPORTATION LEO J. TROMBATORE Director of Transportation BY~._ De ut is rict Director DATE f?4 /3, /9it/ , .