HomeMy WebLinkAboutState of California - 1989 Highway Maintenance Agreement - Amendment No. 1
AMENDMENT NO. 1
CITY OF GILROY DATE MAY 21, 1990
AMENDMENT TO "AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS" entered
into by and between the City of Gilroy, hereinafter referred to as
"CITY", and the Department of Transportation, hereinafter called
"STATE".
WITNESSETH:
WHEREAS, an Agreement for Maintenance of State Highways, as
provided for in Section 130 of the Streets & Highways Code, was
executed by the CITY June 19, 1989 and by the STATE February 2,
1990; and
WHEREAS, said Agreement by its terms provides that it may be
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 dated May 21, 1990 and numbered 3, which attached
page shall be substituted for like numbered page in said Agreement,
and shall cancel and supersede such like numbered page, becoming a
part of said Agreement for all purposes. In all other respects,
said Agreement shall remain in full force and effect.
AMENDMENT NO. 1
This Amendment shall become effective this twenty first of
May 1990.
CITY OF GILROY
Approved as to form:
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By/:tf.tj~ Ii .~..L,~
/' Mayor , .'
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my Clerk
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By
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
ROBERT K. BEST
Director of Transportation
By
,
ttJ./t~
. JACOBS
District Director
DATE
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MAY 21,1990
E. LEGAL RELATIONS AND RESPONSIBILITIES:
Nothing in the provisions of this Agreement is intended to
create duties or obligations to or rights in third parties not
parties to this contract or affect the legal liability of either
party to the contract by imposing any standard of care respecting
the maintenance of State highways different from the standard of
care imposed by law.
It is understood and agreed that neither 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 this Agreement. It is
understood and agreed that, pursuant to Government Code Section
895.4 CITY shall defend, indemnify and save harmless the State of
California, all officers and employees from all claims, suits or
actions of every name, kind and description brought for or on
account of injuries to or death of any person or damage to property
resulting from 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 this Agreement.
It is understood and agreed that neither 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, authority or
jurisdiction delegated to the STATE under this Agreement. It is
understood and agreed that pursuant to Government Code Section
895.4 STATE shall defend, indemnify and save harmless the CITY, all
officers and employees from all claims, suits or actions of every
name, kind and description brought for or on account of injuries to
or death of any person or damage to property resulting from
anything done or omitted to be done by STATE under or in connection
with any work, authority or jurisdiction delegated to the STATE
under this Agreement.
F. MAINTENANCE FUNCTIONS:
The CITY shall perform only those maintenance functions
delegated, as identified, in Section H (DELEGATION OF MAINTENANCE)
of this Agreement.
A brief description of those maintenance functions delegated
to the CITY are included in this section. The functions are
identified by the Caltrans HM Families (Program) Codes.
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