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Home My WebLink AboutCC RESO 12,033RESOLUTION NO. 12,033 RESOLUTION AUTHORIZING EXECUTION OF FREEWAY MAINTENANCE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR STATE HIGHWAY ROUTE 5 BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby auth- orized and directed to execute, and the City Clerk is authorized to attest, that certain FREEWAY MAINTENANCE AGREEMENT between the City of National City and the State of California Department of Transportation for maintenance of State Highway Route 5. PASSED AND ADOPT ATTEST: D this 4th day of May, 1976. CITY,)CLERK 11-SD-5 9.07-11.67 FMA 11-8100 FREEWAY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into, in duplicate, this day of , 19 , by and between the State of California, acting by and through the Department of Transportation, hereinafter for convenience referred to as "the State," and the City of National City - , hereinafter for convenience referred to as "the City," witneEseth: WHEREAS, on March 9 , 1971 , a Freeway Agree- ment 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 5 , within the limits of the City of National City , as a freeway, and 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 sepa- ration structures, and city streets or portions thereof, and landscaped areas, within the freeway limits, and WHEREAS, under the provisions of the above Freeway Agreement, 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, and WHEREAS, this FREEWAY MAINTENANCE AGREEMENT supersedes any previous FREEWAY MAINTENANCE AGREEMENT covering the portion of Route 5 in the City of National City, 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 sheets 4 through -'7 of the attached map marked EXHIBIT "A" and made a part hereof by this reference. 2. VEHICULAR OVERCROSSINGS The State will maintain., at State expense, the entire structure below the deck surface except as hereinafter provided. The City will main tain, at - City expense, the deck --and/or surfacing and shall perform such work as may be necessary to ensure an -impervious and/or other- wise suitable surface. The City will also maintain all portions of the structure above the bridge deck, as -above specified, -as well as all traffic service facilities that may -be required -for the benefit or control of City street traffic. 3. VEHICULAR-UNDERCROSSINGS--- The State will maintain -the structure.proper._ The--roadway___section,_ including the traveled way, shoulders, curbs, sidewalks, walls, drainage installations and traffic service facilities, will be main- tained by the City. 4. 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 exclud- ing --frontage road areas-,-will-be maintained -by -the --State, at State-- expense. Ali plantings or other types of roadside development lying outside of the. area. reserved for freeway use will, be maintained by the City, at_City expense. 5, SCREENING OF OVERPASSES At such locations, as shall be determined by the Department, screening shall be placed and determined on State freeway overpasses on which pedestrians are allowed (as directed by Sec. 92.6 of the Streets. and Highways Code). All screens under this program will be maintained by the State at State expense. 6.. RESPONSIBILITY It is understood 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 connnection with anywork, authority or jurisdiction delegated to the City under the Freeway Agreement and 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 indemnity and hold the --State harmless from any damage or liability occurring by reason -of anythingdone-- or-- omitted..to be -done by- the --_City under - or in connection_with--any-work, authority--or._jurisdiction delegated to the City under the Agreement. 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, authority or jurisdiction not delegated to the City under the Freeway Agree- jnent-and-further-clarified by this Freeway -Maintenance Agreement. it is also understood and agreed that, pursuant to Government Code Section 895.-4,- the State 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 jurisdicticn not delegated to the City under the Freeway Agreement and further clarified by this Agreement. 7. EFFECTIVE DATE This Agreement shall be'effective upon the date of its execu- tion 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 Agreement; has been completed. By CITY OF NATIONAL CITY By City Clerk STATE OF CALIFORNIA DEPARTMENT -OF TRANSPORTATION - J. F. MALONEY DEPUTY DIRECTOR By District Director CT SD 7-74 /c 4 - Location Limits P.M. 9.07 !u„ DIST. CO. RTE. POSTMLE 11 SD 5 9.07 .FMA 11-8100 FREEWAY MAINTENANCE AGREEMENT EXHIBIT °A" SHEET I OF A•9 SHEETS Mont N.B. off -ram Loc. 4 . Sht. 5 13th St. O.H. Loc. 5 Sht. 6 8th.St. U.C. DISTT, CO. SD RTE. 5 FREEWAY MAINTENANCE AGREEMENT EXHIBIT "A" i•JnlnhInllll u.ILI1111 24th Street U.C.AREA WITHIN FREEWAY UMITS TO BE MAINTANEDBY Cal -Trans DIST. CO. RTE. POSTMp II SD 5 10.042 LOCATION* 1 EXHIBIT "A" SHEET 3 OF 9 SHEETS I8th & I9th St. U.C. AREA WITHIN FREEWAY LIMITS TO BE MAINTAINED BY C i tY DIST. CO. SD SD RT E. 5 5 FMA II-8I00 POST MILE 10.388 10.431 SHEET. 4 OF 9 SHEETS DIST. CO.. RTE. POSTMLE 11 SD 5 ID.RRi FMA II..RIAA Mongomery N.B. (off -ramp) U.C. AREA WITHIN FREEWAY LIMITS TO BE MAINTAINED BY. C i ty I3th Street O.H. AREA WITHIN FREEWAY LIMITS Y= * TO BE MAINTAINED BY ' City .DIST. CO.- -RTE. POST MILE M 114100.- - " LOCATI01 5 EXHIBIT"AI` SHEET 6 - OF 9 SFTEE�S 8th St. U.C. AREA WITHIN FREEWAY UMITS TO BE MAINTAINED BY City DIST.Il CO. RTE. POSTMLE 1 1 1 SD I .5 h1.130 ,FMA 11-8100 LOCAT1O06, EXHIBIT`" A" SHEET 7 OF ,9 SHEETS 44. DIST. CO. SD RTE. 5 FMA 11.8100 Main Street U.C.(West) Maintained by City of -San Diego POST PALE, 1. Ran DIST. CO, Rn RTE. FMA 11-8100 .Main Street. U.C. East POST MILE 11.660