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Home My WebLink AboutReso 1974-7293 Form No. 342 Rev. 9-71 RESOLUTION NO. 7293 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE STATE OF CALIFORNIA FOR FREEWAY MAINTENANCE FOR INTERSTATE ROUTE 5 WITHIN CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE 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, for freeway maintenance for Interstate 5 within Chula Vista dated the 7th day of May , 1974 , a copy of which is attached hereto and incorporated herein, the-8ame 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 d~f1~ Approved as to form by ~~med~7 Lane F. Cole Director of Public Works ADOPTED AND APPROVED by VISTA, CALIFORNIA, this 7th day the following vote, to-wit: George D. Lindberg, City Attorney the CITY COUNCIL of the CITY OF CHULA of May , 19 B-, by AYES: Councilmen Egdahl, Hobel, Hamilton, Hyde NAYES: Councilmen None ABSENT: Councilmen Scott T ......! , 11-3D-S' ef\:; !:,. O?_O rY7 ~ (-,;"';-r\n' -' -' -,. '-' I F,'t,tA'll- u\J0, . FREEWAY ~mINTENANCE AGRE&~NT THIS AGI~E~lliNT, made and entered into, in duplicate, this 14th day of May , 19 74 , by and between the Si;a'te of California, acting by and through the Department of Transportation, hereinafter for convenience referred to as "the State," and the City of CHULA VISTA , hereinafter for convenience referred to as "the City," witnesseth: WHEREAS, on NOVE1\IBER 19 , 19~, 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 SD-5 , within the limits of the City of CHULA VISTA , as a freeway, and WHEREAS, said freeway has now been completed or is nearing completion, and ~~e 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 ~~HEREAS, 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. -1- ~. F'1:)(.' 0 'I '.-' /__.J NOH THEREFORE, IT IS AGREED: 1. ROADWAY SECTIONS The City will maintain, at City expense, all portions of '::1.. }:-7 Streets and ap:sru=tenfu'1'c s.tructur~s and bordering areas, "ithin the sha.ded area on sheets 2 through 6 u of the attached map marked EXHIBIT "An and made a part hereof by this :r.!ference. 2. VEHICULAR OVERCROSSINGS ~le State will maintain, at State expense, the entire struc- tl.l:.ce below the deck surface except as hereinafter provided. The 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 sui table surface. The City will also maintain all portions of the structure above the bridge deck, as above specified, including lighting instal- lations, 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 sec- tion, including the traveled way, shoulders, curbs, sidewalks, walls, drainage installations, lighting installations, and traffic service facilities that may be required for the benefit or control of City Street traffic will be maintained by the City. - 2 - -----j,) .-. - o' '. .- ',' - 1.:....___/ !, -- /~~.'" ~) C:;.':j maintain, at State PEDESTRIfu~ OVERCROSSING& thereon. ense, the entire stnJC- top of surface, exclusive of ill ~aintain, at ~~e top or ~,e concrete deck with treatment thereon, and all of the st~lcture above concrete deck surface, and s perfor. such other work as be necessary to ensure an and otherwise suitable surface. The City will also all traffic service facili 'es provided for the benefit control of pedestrian traffi PEDESTRIAN UNDERCROSSIN point. will maintain the ture from a structural st~ e City will maintain all ainage and lighting ~ all cleaning and required to keep the cture free of dt>bris and obsceni 6. L.~DSCAPED AREAS ADJACENT TO CROSSING STRUCTURES inCluding traffic interchanges and on and off ramp areas but Landscaped areas within the limits reserved for freeway use, excluding frontage road areas, will be maintained by the State, at State expense. All plantings or other types of roadside will be maintained by the City at City expense. development lying outside of the area reserved for freeway use - 3 - .-/)0/ !. /~;/) 7. 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 bc;1 d()ne by .the Ci ty under or in connection with any work, aut.hority or jurisdiction delegated to the City under the Freeway Agreement and this Freeway Maintenance Agreement. , It is also understood and agreed that pursuant to Government Code Section 895.4, the City shall fully indemnify and hold the State harmless from any damage or liability occurring by rea~on of anything done or omitted to be done by the City under or in connection with any work, authority or'iurisdic- tion 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 this Freeway Maintenance Agreement. It is also understood and agreed, that pursuant to the Govern- ment Code Section 895.4, the Department 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 j~trisdiction not delegated to the City under the Freeway Agreement and this Freeway Maintenance Agreement. - 4 - .~-<)c-:> 11 . ~~ 7'.:> 8. EFFECTIVE DATE This Ag~eement shall be affective 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- ,iJ.:LL:3t:,.~~ng obligations of tl"'.e City to .\T.ai2'l"ca.in dasignat.ed areas pursn:.:mt 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. CITY OF CHULA VISTA \, Approved as to ~cedure: , ~orney form and :"'7:~~ ~/Oc,/ - 'd~ B C~ty C er (";J2~O) By STATE OF CALIFORNIA DEPARTMENT OF TP~SPORTATION \J\\).'\ \<?l1~ \,l\ J. F. MALONEY DEPUTY IRECTOR - 5 - ~~, ) -< C> :> .oJ.,j ( "-'-- '" \ .~ \-\) ~~-- ~ CHULA Palomor 51. O.C Ux: I Shts 2~ 3 LOCATION LIMITS PM ':>'Y~ V/ST A H SI. o.C l . OC.4 Sl,tG, '~N"'" .Oli: I'" ~00il1."" F SI. DC loc.s Sht1 D I IT. CO. RTE. 1\ SD 5 FMI'. ,,- 808~ ~I_A~ ('''~-:-~r-- l~lJR[J ,..,,, , ,. ]r--'l;--' ,,.-----.:.-~-=:-'----='.,-=-__,~ Ii I LOC.ATION LIMITS PiVI ~.O"l FREEWAY MAINTENANCE AGREEMENT EXHIBITItA" SHEET 1 OF 8 SHEETS \ ~) \~ ()', v , , / - I I . I I) I ' RIff z cp- I f~>" at <HI S~",A"::. , . . 330 2 pp.,\...Olv\AR ST OC (VJSST SIDE::) ','<:"MI AREA \llTHIlf :FREEWAY LIMrTS 8m TO BE MAIliTAIliED BY CITY DIST. CO. RTE. I \ 'SO 5 FMA \ '-B08'9 PALOMII.R ::'T. a.c. , , . LOCATION # 1 EXHIBITIIAII SHEET 2 OF 8 SHEETS D 1ST. Co. RTE. 1 t SO S FN\P-. \ t -8089 <Dr --, I I , . . . . . . 7 . I I PALOMAR ~T. O.c.. , I :~ I .~ ~~ :t " " ~ . " "'i ~ :" i~ \J'v PALOMAR ST OC (cP-.ST '2>\ DE:") t'il .n". UTTHI- ....",."..'AY LIVTTS :I'::::::':i:I',::::, A<U>ATO BE"MAI"'BTAI" "'lIED~" BY crUTY'" :::::::::::;:~:~::;:::::::;;: ;.;.;...;.:.:.:.:.............. LOCATION # 1 EXHIBIT"A" SHEET 3 OF 8 SHEETS """I ,,-) f',r. x > (t{ v 3C,C,+ 8B"!: FREE.-WA'{ UMIT ~ D I IT. CO. RTE. II '5D 5 F'!-At>, \ I-BOS9 ...l""""""""""1u ~ ==- . =SD'AE~:::i '" ~ '- ~ ~ -n 13 li1 l1' 'i ~ C :$ ~ (/' 3C,8+871" FR\;,EWI'<'l' UM1T ~~+52+ F"REEWA Y llMJi ~ L STREET O.c. R/w I I IlI11USTlIH YD . -"" COUNT'( CiTY COUNTY ~ ,\ L ~\Rl::t:T O.C ~l!li;!ljlilll ~ ~~Jm"'~ 6'i~TS LOCATION # 2 EXHI B IT II A" SHEET 4 OF 8 SHEETS ~~ Riff .l 8 J' STREET U. C. ReIO'/I7//7 Hf::7// 7 8 9 D I IT. CO. ME. t t SD S FlV\A. \\ - 8089 8 ei'Y 9 It CHANNEL 10 9 3 4 405 fIl I- - ~ -J >- <{ 3 4 ~ 405 LU lLJ a:: lJ.. R~/t7//J//'? Ho// 2 3 4 5 I?/JV a6~~/ R/W -1 ___~=t-- -~t~~-=-_-~~:r=.~:~Ft:~-~~=---!7---- j~t Mo{n L 'f_~~~1 1":_ --_-:t.~-~_~1 L~L--r=," ~ +:-':CL:C~ l:c===+=~:=r= -~: ~\ ",-" ''''\' -'V EI1. r~l7ct! En 1?i ~ J STR't:'i:::\ U. c. III ~ ~J.J;;"'~ ~~TS LOCATION # 3 EXHIBIT"A" SHEET 5 OF 8 SHEETS ~ ) ,) ~ -5 N\ \~v ~ ~ B B B End Fi c H STREET O. C. AREA WITHIN FREEWAY LIMITS TO BE MAIBTAIllED BI CITY ~ lilt DIST. Co. ME. II ~t> S !=MA. \ \ - 8089 9 . 0 nll/IIIII!II!IIJ!r! 9 .0 1-\ S"\R~E:"\ O. C. 9 430 9 4 0 ...L ~==--=-T== LOCATION # 4 EXHIBIT"Att SHEET C; OF 8 SHEETS ~ leW \ ~ I , V ',.'\. ~ v F o:,TREcT a.c.. I.'j;!'~;tl ~ ~~J::"Wg g~TS ... o "' D I ST. CO. RYE. t 1 5D S FMA \\- 808~ RIll' C L6 r;',?C'E> LOCATION # 5 EXHIBlyllAII SHEET 7 OF 8 SHEETS J >,J v ~ ~ 'E:f"\O F D 'ST. CO. RTE. 1\ SD S 1=\'1\11- \ \ -808~ Eo STRE:I:T O. C. 4 5 8 465 6 8 4 5 6 7 E STRI::ET OC. 1J+7J:!:. AREA \llTHIli FBEEWAY LIMITS TO BE MAINTAIBED BY CITY III CLG rent'~ " 470 9 LOCATION #G EXHI B IT II A" SHEET 8 OF 8 SHEETS