HomeMy WebLinkAboutReso 1976-8247Form No. 342
Rev. 2/76
RESOLUTION N0. 8247
RESOLUTION OF THE CITY COUNCIL OF"'THE"CI'PY OF CHULA
VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE STATE OF CALIFORNIA FOR FREEWAY MAINTENANCE
FOR INTERSTATE ROUTE 805 BETWEEN OTAY VALLEY ROAD AND
THE NORTHERLY CITY LIMITS
AND AUTHORIZING THE MAYOR TO ERECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that that certain agreement
between THE CITY OF CHULA VISTA, a municipal corporation, and
THE STATE OF CALIFORNIA, Department of Transportation, for freeway
maintenance for Interstate Route 805 between Otay Valley Road and
the northerl City limits
dated the l~th day of July 19 76 a copy of
which is attached hereto and incorporated herein, the same as though
fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista be, and he is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula Vista.
Presented by
9 /~~
William J. Robens, Director of
Public Works
Approved as to form by
i~ 1
Geor e'D. Lindberg, City Attorney
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 13th day of July 19 76 by
AYES: Councilmen Hobel, Cox, Hamilton, Egdahl
NAPES: Councilmen None
of Chula
true and
not been
I, City Clerk of the
Vista, California, DO HEREBY CERTIFY that the above is a
correct copy of Resolution No. and that the same
amended or repealed. DATED
City
full,
has
City Clerk
COUNPY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
11-SD-805
ORIGINAL 3.410-8.464
FMA 11-8096
FREES•7AY 1r1Ii~TENr'1i~IGE AGREEMENT
THIS AGREEh1EidT, made and entered into, in duplicate, this
day of , 19~, by and between the State of
California, act ng y and through the Department of Transportation,
hereinafter for ccnvenience referred to as "the State," and the
City of Chula Vista , hereinafter for convenience referred to
as "the City," witnesseth:
WHEREAS, on July 1, 1968, a Freeway Agreement was executed
between the City and the State wherein the City agreed and consented
to certain ad;ustments of the City Street system required for the
development of that aortion of State Highway Route 805, within the
limits of the City of Chula Vista, as a freeway, and
S4HEREAS, on Decenber 7, 1971, a Freeway Maintenance Agree-
went was executed between the City and the State covering the devel-
ment of that portion of State Highway Route 807 between P.2;. 3.5 and
6.06 within the limits of the City of Chula Vista, and
WHEREAS, said r"reeway between the south city limits and the
north city limits of the City of Chula Vista has now been completed or
is nearing completion, and subsequent modifications to State Highway
Route 805 have been constructed within the Chula Vista City Limits, and
WHEREAS, 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
~-~Z~f7
WHEtcEAS, this Freeway Maintenance Agreement includes and
supersedes the Freeway Maintenance Agreement above referred to and
covers the area between the south city limits and the north city
limits of the City of Chula Vista, and 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.
tdOW THEREFORE, I^1 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 3 through 11 of the attached map marked EXHIBIT "A"
and made apart 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. VErIICULAIt ITdDERCROSSIQGS
The State will maintain the structure proper. Tne roadway section,
including tine traveled way, shoulders, curbs, sidewalks, walls,
drainage installations and traffic service facilities, will be main-
twined by the City.
- 2 -
4. LA'tJDSCAPED AREAS ADJACENT TO CROSSING S^tRUCTUI2E5
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 roadside development lying outside of the
area reserved for freeway use will be maintained by the City, at
City expense.
5. SCREENIi3G OF OVEF2PASSES
At such locations, as shall be determined by the Department, screening
shall be placed anti 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 oy
the State at State expense.
b. RESPOcdSIBILITY
It is understood and agreed tsxat 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 Agreement and further clarified by this
Freeway i~iaintenance Agreement. It is also understood and agreed that
pursuant to Government Code Section 895.4, the City shall fully indem-
nify and hold the State harmless from any damage or liai~ility occurring
by reason of anything done or omitted to be done by the City under or
in connection :with any work, authoriti~ 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 Agreement and further clarified by this
Freeway Maintenance Agreement.
- 3 -
It is also w-~derstood and agreed that, pursuant to Government
Code Section 895.4, the State shall fully indemnify and hold the
City harmless from any damage or iiabiiity 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 r^reeway Agreement and further clarified by
this Agreement.
?. EFFECTIVE DATE
This Agreement shall be effective upon the date of its execu-
tion by the State; it being understood and agreed, hotivever,
that t'~e execution of this Rgreement shall not affect any pre-
existing obligations of tine 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 to nns of the Freeway Agreement, has .been completed.
Approved as to form and
procedure:
~~
., _r_ j /
'~~~ r ~~/
'~ ~'i~y torney
By
CITY OF CFICiL_~ VIST,l
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M~Tor n
C~.ty Clerk (as directed)
STATE OF CALIFORNIA
DEPARTP~NT OF TRT~.NSPO~ATION
C. E. FGi3BFS
CHIEF E:i3;yl~+lE
By
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AREA WITHIN FREEWAY LIMIT9
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LOCATION# I
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AREA WITHIN FREEWAY LIMITS
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LOCATION# 4
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