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Home My WebLink AboutCalifornia, State of; 1967-08-16;... -'/fr-1 1 : \I /l-•5D-78' , , Prn I, !fC/8' F 111 I} JI-'?C> I Z-- FREEWAY MAINTENANCE AGREEMENT '31).-77 ... ~~7<gt)'j THIS AGREEMENT, made and entered into, in dupli- cate, this ! lo~ , day of' l'.}.____u_,~_JJ, ... {~ , 19 ~\ , by and l._,1 between the State of California, acting by and through the Department of Public Works, Di vi•sion of Highways, herein- after for convenience referred to as 11 the State 11 and the City of Carlsbad, hereinafter for convenience referred to as "the City 11 , witnesseth: WHEREAS, on June 10, 1963, a Freeway Agree- ment was executed between the City and the State relating to the development of that portion of State Highway Route 78, within the limits of the City of Carlsbad as a freeway, and WHEREAS, under the provisions of said Freeway Agreement, the City agre~d to certain adjustments in the , City street .system, and for the carrying of certain streets over or under or to a connection with the freeway and, WHEREAS, said freeway has now been completed or is nearing completion, and the parties mutually desire to clarify the division of maintenance responsibility as to separation structures, and City streets or portions thereof, and land- scaped areas within the freeway limits. NOW THEREFORE, IT IS AGREED; 1. ROADWAY SECTIONS The City will maintain, at City expense, all por- tions of City streets and appurtenant structures and bordering areas, shaded in black on the attached map marked Exhibit "A" ;.. and made a pa.rt hereof by this reference. 2. VEHICULAR OVERCROSSINGS The State-will maintain,.· at State expense., the entire structure belo,w the top of the concrete deck surface., ' . . exclusive of any bi tul'riinous s.urface· treatment thereof. The City will maintain, at City expense, the top of the concrete deck surface, togeth.er with any bituminous surface treatment thereon, and. all portions of the structure above the concrete deck surface, a,.nd shall perform su9h other work. as may be .· necessary to insure,~ impervious an,d:otherwise suitable •·, i, .. surf nee. The Ci·ty· ~ili. als9: mai;rita.;i:n.: a.;tl traffic service·. facilities provided ::eor tne h~pefit or control of City_ street traffic. 3. LANDSd~PED A~AS All pl:ant~~gs of 9tl,lertypes of roadside develop- ., rn:ent within the. f,reefWEl.Y limi t,s and shaded in black on . ' . Exhib~t "A'.' will,b~_;inaintained by the.·City 4. LEGALRELATIONS,AND RESPONSIBILITIES _,._, > . .· -. ·.· ' . ;. ... ,Nothing in; the p,rovis;i.qn~ .. of tnj.s Agreement is '1\, I , • '• intended to a.f f'ect the legal ltab1l;t ty of either party to . '·., .· " I,\:'', . ·, . the eontract by imposing any standard; of ca~e respecting· . the 1N}.intenance of State Hie;hWays dif,ferent f'-rom the standard of care imposed by law. It ls un~eratood and agreed that neither the State, the D$partment, nor ~ny officer or.employee thereof is re- sponsible for any da.m~e or_)J.ab:i,lity occurring by reason of anything done or omit~ed to be done by the City: under or in -2- I 0 0 connection with any work, authority or jurisdiction ct·e- legated to the C:!,t;y µ.nder thi.s Agreement for _Maintenance. I It is also understood and agreed that, pursuant to Govern- ment Code Section 895.4, City· shall fully indemnify and hold State harml_ess from any damage or liability OCCl,lrring by reason of anything done. or omitted .to.be done by City under or in connecti()n with ap.y work, authority_or juris- diction delegated t_o Qity und~r this-Agreement. It is unde.r~tood and agreed 'that neither City J nor any officer or e~p;toye~ ti{ereof'; i'e, respon.sible· for . . ·,·.· ' : . ' -:, '· . any damage or l+&rbility occu,rr-ing. by reason o:f anything done or omi tteq to be done::. by the.· Depart~ent under or in connection with axi.y wo:rk, authpr~ty or j~risdictiop. not delegated:to the , ) _;, . . ; City under this Agre~ent for Maintena.pce. It is also under-.·' . . ,• . ·.• .· ._ .. s.t.ood and a.greed tha't; .pµ,rsuan~ to Gov~rnment Code Section I ' • • , '·, . i, :, ,:;•: • , • , • • , 895.4, Department sh41 fu~ly indemnify and'hold'City hannless ,, ·, • . . I from any damage or li&bility,occurring by reason of anything ' ,,,,• ' I '•,. • ,• : ·, . .. . done or omitted to_ b~);done :py !)epa.rtlllent unq,er or in connection with any work, autho~$_ty or jurisdli:ction not· delegated to City under this Agreement •. :, 5 . EF;FECTiv;E DATE This Agre~hie.nt shall be effective upon the date of its execution by the State; it being understood and agreed, however~· that the: ex~c,uti'_i:m of <this Agreement shall not affect i;t,ny pre-existing oblj,ga.tions of 'the City to maintain I I 1l 'I ! ... .. . ,,, ' . -~ .. - ~ . . . ., ::• . '-,.(>' / I \ \.... I ., ' 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. Approval STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS J •· A. LEGARRA , . . n~ State Highwa ineer G 1 6 1967 n· .. i~✓&?-<~ £.#jr Manenance Engineer ; · _ -· CITY OF CARLSBAD By GJC~ . ayor Approved as to form: Attorney I 4· ' -- ---- •I, ... --~,_ 1 2 :3 4 RESOLUTION NO. 4i1 A RESOLUTION OF THE CITY COUNCIL·· OF THE CITY. OF CARLSBAD APPROVING FREEWAY MAIMTENANCE AGREEMENT .. · 5 · .WHEREAS, .The· State of ·California, .. thro_ugh 'its Department of 6 Pubtic Works, .Division of Highways; .ha·s presented an Agreement . . . 7 entitled IIFreeway Maintena·nce· f\gre~m·ent 11 wh·ich ·co·ncer·ns State· . .. .. . 8 H.ighway ·Route· 78, .within the·. limits of the· City of. Carlsbad and, ·9 WHEREAS, _the· City Council. has heajd rea~ said f\greement in 10 full and is familiar with th·e· ·co·ntents thereof; 11 THEREFORE, ~e it resolved· by the City Council of the· City of 12 Carlsb·ad that said Maintenance f\gree~~nt be ~nd thi same is hereby 13 approved and the Mayor and th·e· City Clerk ·are 'directed to sJgn the· 14 same on behalf ·of said Council. 15 PASSED, .APPROVED, AND ·ADOPTE'D at a r_egul ar meeting ·of the q; ty · ·15 Council he.1d J.u·ly 18 , _196'7,_.by the· fo11owi.ng vote to wit: 17 18 19 20 21 AYES:. NO ES·:·. Cmn. Worthi_ng, _Neiswender, Atkinson, and Dunne. None. ABSENT_: .Cmn. Jardine.· 22 23 ATTEST:: {J~ ~ . W. C. ATKINSON, .JR., tMayor of the· . Ci ty of Car 1 s bad Carlsbad, :California 24 I hereby' certify that the· for_egoi_ng resolutfon was ·duly and 25 regularly passed by the-City Cou·nci1 _of the· City of Carlsbad at a - 26 r~gula-r meeti_n_g there.?f held 27 30 31 32 July 18., _1967.- DIST. CO. RTE. POST MILE 11 SD 78 1.50 FMA 11-8012 2/4/02 f 0 -ClCEANSIO£ CA·RLSBAO EL CAM ONO REAL OC BR NO 57-605 LOC I SHEET 2 FREEWAY MAINTENANCE AGREEMENT . EXHIBIT II A II SHEET 1 OF 2 SHEETS EL CAMONO REAL OC BR NO 57-605 LOC l SHEET 2 A~A WITHIN FREEWAY LIMITS TO BE MAINTAINED BY: CITY 0 DIST. co. RTE. · POSTMih../ ( 11 SD 78 1.50 FMA 11-8012 2/4/02· .. :Jl!!!l!l!l!!!!!!!!!!!!!~z :? I I ---------City of / . .I Oceanside ·FREE\\AY LIMITS·. FREEWAY MAINTENANCE AGREEMENT EXHIBIT II A II SHEET 2 OF 2 SHEETS