Loading...
HomeMy WebLinkAbout2005 CON State of California - Maintenance Agreement Bike PathSTATE OF CALIFORNIA—BUSINESS. TRANSPOI1JAT1ON /1'.^ID HOUSING AGENCY ARNOLD SCIIWARZENEGGER. Governor DEPARTMENT OF TRANSPORTATION District 11 P. O. Box 85406, M.S. 57 San Diego, CA 92110 PHONE (858) 616-6566 FAX (858) 616-6563 ITY (619) 688-3214 September 26, 2005 Mr. Chris Zapata, City Manager Attention: Steve Kirkpatrick, City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Dear Mr. Kirkpatrick: Flex your power! Be energy efficient! 11-SD-5 PM 9.4 FMA 11-8282 Enclosed herewith is one fully executed original copy of the Freeway Maintenance Agreement covering that portion of State Route 5 within the city limits of National City. Thank you for your cooperation in processing this agreement. Sincerely, rr ryl CMANUS D pu District Director Ma enance Enclosures "Caltrans improves mobility across California" 11-SD-5 PM 9.4 FMA 11-8282 FREEWAY MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into in duplicate, effective this , day of yuu��tEivejyi , 20457by and between the State of California, acting by and through its Departfiient of Transportation, hereinafter referred to as "STATE," and the City of National City, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, on October 30, 1978, a Cooperative Agreement was executed between CITY and STATE wherein CITY agreed and consented to certain adjustments of the local street and road system required for the development of a bike path along a portion of State Highway Route 5 within the jurisdictional limits of CITY; and WHEREAS, said bike path has now been completed or is nearing completion, and the parties hereto mutually desire to clarify the division of maintenance responsibility as to local CITY bike path, or portions thereof, and landscaped areas lying within or outside the freeway limits; and WHEREAS, under Section D.3. of the above Cooperative Agreement, CITY has resumed or will resume control and maintenance over the relocated or reconstructed (CITY bike path) except those portions thereof adopted as a part of the freeway proper. NOW THEREFORE, IT IS AGREED: 1. When a planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described, which affects the parties division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit "A," which will be made a part hereof by an amendment to this Agreement when executed by both parties, which will thereafter supersede the attached original Exhibit A and which will then become part of this Agreement. 2. VEHICULAR AND PEDESTRIAN STRUCTURE STATE will maintain, at STATE expense, the entire structure of any vehicular and pedestrian structure below the deck surface except as hereinafter provided. CITY will maintain, at CITY expense, the deck and/or surfacing (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities (signals, signs, pavement markings, rails, etc.) that may be required for the benefit or control of traffic using that structure. 3. BICYCLE PATHS CITY will sweep and maintain, at CITY expense, a safe and clean facility for bicycle travel along the entire length of the described path depicted on attached Exhibit "A", made a part of this Agreement. Said maintenance will include, but is not limited to, the removal of graffitti, debris and vegetation that may render the path unsafe or unsightly as well as keeping all portions of the path safe for passage and all signs and lighting if any, in good repair. 4. LEGAL RELATIONS AND RESPONSIBILITIES: A. 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 with respect to the maintenance of STATE highways or bike paths different from the standard of care imposed by law. B. 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 CITY under or in connection with any work authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, CITY shall defend, indemnify and save harmless STATE and all of its 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 CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. C. 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 STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, STATE shall defend, indemnify and save harmless CITY and all of its 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 STATE under this Agreement. 2 5. EFFECTIVE DATE This Agreement shall be effective upon the date appearing on its face, it being understood and agreed, however, that the execution of this Freeway Maintenance Agreement shall not affect any pre-existing obligations of CITY to maintain designated areas pursuant to prior written notice from STATE that work in such areas, which CITY has agreed to maintain pursuant to the terms of the Freeway Agreement, has been completed. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ** Approved as to form and procedure: CITY of National City By City Executive Nick Inzunz City Clerk Michael R. Dalla STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Attorney WILL KEMPTON Department of Transportation Director of Transportation City Attorney By George H. Eiser, III City Attorney By (.))'. flfl ll7eputy District > irector t 3 SWEETWATER RIVER BIKE PATH BR BR No. 57-I032Z CHULA VISTA CITY LIMIT NATIONAL CITY LIMIT SWEETWATER RIVER BRIDGE Rte 5/54 SEPARATION & OH AREA WITHIN FREEWAY LIMITS TO BE MAINTAINED BY: CITY ...110. b04797a02e ibitd.dgn 04/04/2005 02:47:26 PM 0 NO SCALE PARADISE MARSH BIKE PATH BR BR NO 57-C-ZKB DIST. CO. RTE. POST MILE 11 SD 5 9.4 FMA 11-8282 06/22/04 NATIONAL CITY Rte 5/54 SEPARATION & OH FREEWAY MAINTENANCE AGREEMENT EXHIBIT "A" SHEET 1 OF 1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 16, 2005 13 AGENDA ITEM NO. ITEM TITLE Resolution authorizing the Mayor to sign Freeway Maintenance Agreement 11-8282 between the City and the State of California by and through its Department of Transportation for the maintenance of portions of the bike path over and adjacent to the Sweetwater River channel on the West side of Route 5 and within the City Of National City PREPARED BY Roberto Saucedo DEPARTMENT Public Works EXT. 4580 EXPLANATION On October 30, 1978, the City Of National City and the State of California entered into a Cooperative Agreement for the development and maintenance of a bike path along a portion of State Highway Route 5 and within the jurisdictional limits of the City Of National City. This bike path, known as the Bay Shore Bikeway, when completed will traverse the San Diego Bay shoreline. It will be one of the most scenic bike paths in the County. The Cooperative Agreement, stipulates that as portions of the bike path are completed by the State, the maintenance of the improvements become the responsibility of the Agency on whose jurisdiction it lies. The portion of the bike path covered by the proposed agreement is along the west side of Route 5 between the north City limits of Chula Vista and Route 54 in the City Of National City and was just recently completed by the State. A locator map is herein attached as Exhibit "A". Upon approval, the City Of National City will assume responsibility for maintenance, operation and associated costs of this segment of the bike path. CEnvironmental Review [Financial Statement X N/A MIS Approval Approved By: Finance Director The maintenance & operation costs are estimated to be minimal. >STAFF RECOMMENDATION 1. Adopt the Resolution. 2. Direct the City Clerk to mail three executed duplicate copies of the Agreement to State of California, Department of Transportation for their approval. Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Freeway Maintenance Agreement 11-8282. 3. Exhibit "A" - Locator Map C.2ad5 - 3 Resolution No.7fl45 A-200 (Rev. 7/03) RESOLUTION 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE FREEWAY MAINTENANCE AGREEMENT 11-8282 BETWEEN THE CITY AND THE STATE OF CALIFORNIA, BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF PORTIONS OF THE BIKE PATH OVER AND ADJACENT TO THE SWEETWATER RIVER CHANNEL ON THE WEST SIDE OF INTERSTATE 5 AND WITHIN THE CITY OF NATIONAL CITY WHEREAS, on October 30, 1978, a Cooperative Agreement was executed between the City and the State of California wherein the City agreed and consented to certain adjustments of the local street and road system required for the development of a bike path along a portion of Interstate 5 within the jurisdictional limits of National City; and WHEREAS, said bike path has now been completed or is nearing completion, and the parties hereto mutually desire to clarify the division of maintenance responsibly as to the local City bike path, or portions thereof, and landscaped areas lying within or outside the freeway limits; and WHEREAS, under Section D.3 of the above Cooperative Agreement, the City has resumed or will resume control and maintenance over the relocated or reconstructed bike path except those portions thereof adopted as a part of the freeway proper. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Freeway Maintenance Agreement 11- 8282 between the City and the State of California, by and through its Department of Transportation for the maintenance of portions of the bike path over and adjacent to the Sweetwater River Channel on the west side of Interstate 5 and within the City of National City. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of August, 2005. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor 11-SD-5 PM 9.4 FMA 11-8282 FREEWAY MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into in duplicate, effective this , day of , 20 by and between the State of California, acting by and through its Department of Transportation, hereinafter referred to as "STATE," and the City of National City, hereinafter referred to as "CITY". WHNESSETH: WHEREAS, on October 30, 1978, a Cooperative Agreement was executed between CITY and STATE wherein CITY agreed and consented to certain adjustments of the local street and road system required for the development of a bike path along a portion of State Highway Route 5 within the jurisdictional limits of CITY; and WHEREAS, said bike path has now been completed or is nearing completion, and the parties hereto mutually desire to clarify the division of maintenance responsibility as to local CITY bike path, or portions thereof, and landscaped areas lying within or outside the freeway limits; and WHEREAS, under Section D.3. of the above Cooperative Agreement, CITY has resumed or will resume control and maintenance over the relocated or reconstructed (CITY bike path) except those portions thereof adopted as a part of the freeway proper. NOW THEREFORE, IT IS AGREED: 1. When a planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described, which affects the parties division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit "A," which will be made a part hereof by an amendment to this Agreement when executed by both parties, which will thereafter supersede the attached original Exhibit A and which will then become part of this Agreement. 2. VEHICULAR AND PEDESTRIAN STRUCTURE STATE will maintain, at STATE expense, the entire structure of any vehicular and pedestrian structure below the deck surface except as hereinafter provided. CITY will maintain, at CITY expense, the deck and/or surfacing (and shall perform such work as may be necessary to ensure an •impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities (signals, signs, pavement markings, rails, etc.) that may be required for the benefit or control of traffic using that structure. t_ 3. BICYCLE PATHS CITY will sweep and maintain, at CITY expense, a safe and clean facility for bicycle travel along the entire length of the described path depicted on attached Exhibit "A", made a part of this Agreement. Said maintenance will include, but is not limited to, the removal of graffitti, debris and vegetation that may render the path unsafe or unsightly as well as keeping all portions of the path safe for passage and all signs and lighting if any, in good repair. 4. LEGAL RELATIONS AND RESPONSIBILITIES: A. 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 with respect to the maintenance of STATE highways or bike paths different from the standard of care imposed by law. B. 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 CITY under or in connection with any work authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, CITY shall defend, indemnify and save harmless STATE and all of its 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 CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. C. 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 STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, STATE shall defend, indemnify and save harmless CITY and all of its 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 STATE under this Agreement. 2 5. EFFECTIVE DATE This Agreement shall be effective upon the date appearing on its face, it being understood and agreed, however, that the execution of this Freeway Maintenance Agreement shall not affect any pre-existing obligations of CITY to maintain designated areas pursuant to prior written notice from STATE that work in such areas, which CITY has agreed to maintain pursuant to the terms of the Freeway Agreement, has been completed. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY of By City Executive City Clerk * * Approved as to form and STATE OF CALIFORNIA procedure: DEPARTMENT OF TRANSPORTATION. Attorney WILL KEMPTON Department of Transportation Director of Transportation By City Attorney District Director By 3 SWEETWATER RIVER BIKE PATH BR BR No. 57-I032Z CHULA VISTA CITY LIMIT \ NATIONAL CITy�,�� _... CITY LIMIT SWEETWATER RIVER BRIDGE o , l o. o \c m Im tm Rte 5/54 m SEPARATION AREA WITHIN FREEWAY LIMITS TO BE MAINTAINED BY: CITY ...110. b04797602exhibitd.dgn 04/04/2005 02:47:26 PM 0 l co ru zl m NO SCALE 1!! PARADISE MARSH BIKE PATH BR BR NO 57-C-ZKB �,w ww 4 w:w:w RW DIST. CO. RTE. POST MILE II SD 5 9.4 FMA 11-8282 06/22/04 NATIONAL CITY Rte 5/54 SEPARATION & OH FREEWAY MAINTENANCE AGREEMENT EXHIBIT "A" SHEET 1 OF 1 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 September 19, 2005 Mr. J.M. McManus Deputy District Director, Maintenance CALTRANS, District 11 PO Box 85406 / MS 57 San Diego, CA 92110 Dear Mr. McManus, On August 16, 2005, Resolution No. 2005-180 was passed and adopted by the City Council of the City of National City, authorizing the Mayor to execute Freeway Maintenance Agreement 11-8282 between the City and the State of California. We are forwarding a certified copy of the above Resolution and four partially executed original agreements. Please return one fully executed original agreement to our office for our files. Sincerely, 4);(% Michael R. Dalla City Clerk Enclosure cc: Public Works File No. Recycled Paper RESOLUTION 2005 — 180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE FREEWAY MAINTENANCE AGREEMENT 11-8282 BETWEEN THE CITY AND THE STATE OF CALIFORNIA, BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF PORTIONS OF THE BIKE PATH OVER AND ADJACENT TO THE SWEETWATER RIVER CHANNEL ON THE WEST SIDE OF INTERSTATE 5 AND WITHIN THE CITY OF NATIONAL CITY WHEREAS, on October 30, 1978, a Cooperative Agreement was executed between the City and the State of California wherein the City agreed and consented to certain adjustments of the local street and road system required for the development of a bike path along a portion of Interstate 5 within the jurisdictional limits of National City; and WHEREAS, said bike path has now been completed or is nearing completion, and the parties hereto mutually desire to clarify the division of maintenance responsibly as to the local City bike path, or portions thereof, and landscaped areas Tying within or outside the freeway limits; and WHEREAS, under Section D.3 of the above Cooperative Agreement, the City has resumed or will resume control and maintenance over the relocated or reconstructed bike path except those portions thereof adopted as a part of the freeway proper. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Freeway Maintenance Agreement 11- 8282 between the City and the State of California, by and through its Department of Transportation for the maintenance of portions of the bike path over and adjacent to the Sweetwater River Channel on the west side of Interstate 5 and within the City of National City. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of August, 2005. ATTEST: 4 Mic -el Dalla, 'ity Clerk APPROVED AS TO FORM: George H. riser, III City Attorney Nick Inzunza, Passed and adopted by the Council of the City of National City, California, on August 16, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Parra, Natividad, Zarate. Nays: None. Absent: None Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-180 of the City of National City, California, passed and adopted by the Council of said City on August 16, 2005. A City CI • k of the City of ational City, California By: Deputy 11-SD-5 PM 9.4 FMA 11-8282 FREEWAY MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into in duplicate, effective this , day of , 20, by and between the State of California, acting by and through its Department of Transportation, hereinafter referred to as "STATE," and the City of National City, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, on October 30, 1978, a Cooperative Agreement was executed between CITY and STATE wherein CITY agreed and consented to certain adjustments of the local street and road system required for the development of a bike path along a portion of State Highway Route 5 within the jurisdictional limits of CITY; and WHEREAS, said bike path has now been completed or is nearing completion, and the parties hereto mutually desire to clarify the division of maintenance responsibility as to local CITY bike path, or portions thereof, and landscaped areas lying within or outside the freeway limits; and WHEREAS, under Section D.3. of the above Cooperative Agreement, CITY has resumed or will resume control and maintenance over the relocated or reconstructed (CITY bike path) except those portions thereof adopted as a part of the freeway proper. NOW THEREFORE, IT IS AGREED: 1. When a planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described, which affects the parties division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit "A," which will be made a part hereof by an amendment to this Agreement when executed by both parties, which will thereafter supersede the attached original Exhibit A and which will then become part of this Agreement. 2. VEHICULAR AND PEDESTRIAN STRUCTURE STATE will maintain, at STATE expense, the entire structure of any vehicular and pedestrian structure below the deck surface except as hereinafter provided. CITY will maintain, at CITY expense, the deck and/or surfacing (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities (signals, signs, pavement markings, rails, etc.) that may be required for the benefit or control of traffic using that structure. 3. BICYCLE PATHS CITY will sweep and maintain, at CITY expense, a safe and clean facility for bicycle travel along the entire length of the described path depicted on attached Exhibit "A", made a part of this Agreement. Said maintenance will include, but is not limited to, the removal of graffitti, debris and vegetation that may render the path unsafe or unsightly as well as keeping all portions of the path safe for passage and all signs and lighting if any, in good repair. 4. LEGAL RELATIONS AND RESPONSIBILITIES: A. 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 with respect to the maintenance of STATE highways or bike paths different from the standard of care imposed by law. B. 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 CITY under or in connection with any work authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, CITY shall defend, indemnify and save harmless STATE and all of its 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 CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. C. 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 STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, STATE shall defend, indemnify and save harmless CITY and all of its 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 STATE under this Agreement. 5. EFFECTIVE DATE This Agreement shall be effective upon the date appearing on its face, it being understood and agreed, however, that the execution of this Freeway Maintenance Agreement shall not affect any pre-existing obligations of CITY to maintain designated areas pursuant to prior written notice from STATE that work in such areas, which CITY has agreed to maintain pursuant to the terms of the Freeway Agreement, has been completed. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY of National City * * Approved as to form and procedure: Attorney Department of Transportation Director of Transportation By ° 1�1 City Executive Nick Inzunz City Clerk Michael R. Della STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION WILL KEMPTON By City Attorney District Director By George H. Eiser, III City Attorney 3 SWEETWATER RIVER BIKE PATH BR BR No. 57-I032Z CHUL.A VISTA CITY LIMIT -------- NATIONAL C I TY.:. ___ CITY LIMIT r.... SWEETWATER RIVER BRIDGE Rte 5/54 SEPARATION & OH AREA WITHIN FREEWAY LIMITS TO BE MAINTAINED BY: CITY // 8 NO SCALE PARADISE MARSH BIKE PATH BR BR NO 57-C-ZKB DIST. CO. RTE. POST MILE II SD 5 9.4 FMA II-8282 06/22/04 NATIONAL CITY Rte 5/54 SEPARATION & OH FREEWAY MAINTENANCE AGREEMENT EXHIBIT "A" SHEET 1 OF 1 ...\10. b04797a02exhibitd.dgn 04/04/2005 02:47:28 PM • RESOLUTION 2005 — 180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE FREEWAY MAINTENANCE AGREEMENT 11-8282 BETWEEN THE CITY AND THE STATE OF CALIFORNIA, BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF PORTIONS OF THE BIKE PATH OVER AND ADJACENT TO THE SWEETVVATER RIVER CHANNEL ON THE WEST SIDE OF INTERSTATE 5 AND WITHIN THE CITY OF NATIONAL CITY WHEREAS, on October 30, 1978, a Cooperative Agreement was executed between the City and the State of California wherein the City agreed and consented to certain adjustments of the local street and road system required for the development of a bike path along a portion of Interstate 5 within the jurisdictional limits of National City; and WHEREAS, said bike path has now been completed or is nearing completion, and the parties hereto mutually desire to clarify the division of maintenance responsibly as to the local City bike path, or portions thereof, and landscaped areas lying within or outside the freeway limits; and WHEREAS, under Section D.3 of the above Cooperative Agreement, the City has resumed or will resume control and maintenance over the relocated or reconstructed bike path except those portions thereof adopted as a part of the freeway proper. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Freeway Maintenance Agreement 11- 8282 between the City and the State of California, by and through its Department of Transportation for the maintenance of portions of the bike path over and adjacent to the Sweetwater River Channel on the west side of Interstate 5 and within the City of National City. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of August, 2005. ATTEST: 4 Mic - el Dalla, ' ity Clerk APPROVED AS TO FORM: George H. Ciser, III City Attorney Nick Inzunza, Passed and adopted by the Council of the City of National City, California, on August 16, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City CI rk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-180 of the City of National City, California, passed and adopted by the Council of said City on August 16, 2005. City Clerk of the City of National City, California By: Deputy