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Home My WebLink AboutCC Reso No 1975-22- RESOLUTION N0. ~s_22 RESOLtT~IOV OF THE C~:TY COUNCILa OF THE CITY OF LAKE ELSiNQP.E APPROVING AGREEMENT FOR MAINTENANCE OF STATE HIGIiWAY IN THE CZTY OF LAKE ELSINORE WfI~P.EAS, The State oi- Califorczia, through its Degartment of Transportation, has presented an Agreement for Main- Cenance af the State highway in Che City af Lake Elsinore ef£ectzve as of Oceober 17, 1973, and.to remain in effect until amended or terminateda WIi~REAS, the City Cauncil has heard read said Agreement in fu11 and is £amz13_ar with the contents thereof; THEREFOP.E, be it resolved by the City Council of the City of Lake Elsinore L-hat said AgrPement for MainCenance of Che State high~ay in Che City is hereby approved and the Mayor and the City Clerk are directed to sign the same on behalf of said Gity. ADQPTED thls 2nd day of__ June ~ 19 ~.~ . ~ M Y-/A / ~ . .i f ~~~" I 1 . Ma r o t e City u_ La sinore Attest: ~~_ ~-~.9.,., ~~,~~~ ,~ .~_~~ G t-y Clerlc of the Ca y o~La'ke Elsinore I.hereUy,c~rtify that the foregoing resolution was duly and regularly passed by the City Council o£ the City of Lake Elsinore at a r.agulax meeting thereof held aune 2 _____, 1975 , _ _ ;_ _ , _ _ , I ~ ' AGR~ED4ENT FOR N1AZT'dTENANCE OF STATE HIGHWAYS IN THE CZTX Or LAILE ELS7NOR~ THIS AGREEMENT,_m~de_a~d__eacecuted_in ciuplicaCe this day o£ ~~ , i9~, by and bet-~aeen the Departme~t of Transportation of the State of California, hereinafter called - the "Department" and the City of Lake Elsinore,; hereinafter re- ferred to as "CiCq" W I T N E S S E T H: 1. RECITALS: The parties desire to provide for the maintenance of 5tate highway routes within the City as provided in Section 130 of the Streets and Highways Code, and to arrange herein for the ~articular maintenance functions to be performed by the City and those to be per£ormed by the Department and to specify the terms and conditions wnder which such work will be performed. 2. AGREEMENT: Thzs Agreement shall supersede any previous AGREEMENT FOR MAINTENANCE OF STATE HIGHWAYS IN THE CITY OF LAKE ELSINORE and/or AMENDriENTS thereto with the City. ~ In consideration of the mutual covenants and promises herein contained; it is agreed: The Cit;y will perform such maintenance work as is specifically delegated to it, and L-he Department wi1Z perform thase parti- cular functions of mai.ntenance not otherwise assigned to th~ City on the State highway routes or portions thereof, a11 as hereinafter described under 5ections 6 and 7 hereof or as - said sections may be subsequently modifisd with the consent of the parties hereto acting by and through their authorized representative. - _ 1 _ ;3. DEGR~~ 0~ i~It~`T~NA~tCEs The d.egrecs or ext~aet of mainCenance uror~_to_bc pe~fo~med anci ehe standards Lhere£or sha11 be in _ _ acc ` - _ _ _ ar~«~~~e ~sitt~a t~~ ~rc~rioios~s ox 3eetion 27 of tkae Streets and Higheaays Co~e a~.d the pxovisions o£ this AgreemenC as h~r~i~nafCer sp~cif~.ed ~r as may be prescribed from time to __ __ .._- - - time by the D3.$trict D3.rec~or of Tr~nsgortation. "District DirscCar", as uved iter~in, means the Di.strict Digector of Che D~partment of Tran~porea~iosx assigned to the terriCo~y in c~thich the city is located, or his authax~ized repre~entaCive. 4. L~GAL REI.ATIONS AND RESPONSIBILI'~IES: Ptoth3ng in the grovisions of ~hi.s Agreeme~ct 3~s 3i~~ended to affect the le~al liability af eiCh~r party to the contiract by imposing any standard of care respectirag the mai.n~ensnce of Sta~~ l~igh~aays different from the standard of care impnsed by 1aw. It is understoad and agreed tha~ nei~her Che Statey the Depart- menC, nor any officer ar employee thereof i~ respons3ble for any damage or liability occurring by reason of anything done or omitted to ba done by the City under or in coaneetian with any work, authority or jurisdictian delegat~d to the City under this Ag~eement for Mainteaa~ce. IC i~ also understood and agreed Chat, pursuant to Government Cade Section 895.4~, Ciey ~h~11 fully indemnify and hold State harml~ss fram any : daffiag~ or izability accuxrirag by reason o£ anything done or amit~.ed ta be dox~e by C3.ty undes or in connect~.an with a~y ~aox~k, authority or jurise~~ction delegaced to City eand~r ghis • Ag,reemeeat , ~~.i~ u~ad~r~ta~d ~nd agzeezi that n~R~h~r City, aor any officer , or emp~.oyee Ch~r~ea£, ~.~ ~espm~asibl~ for. any dama~e ox liabil~ty occurr~ng by z°easoca of a~.y~hing done or omitt~d to be do~ae by ..2~ . • th~ Department under or in connection with any work, auChor'sty or jurisdiction noC delegated to the City under this Agreement for riaintenance. 7t is also understood and agreed that, pur- suant to Government Code Section 895.4, Department shall iu11y ' indemnity and hold City harmless from any damage or liability occurring by reason of anything done or omitted to be done by Department under or in connection with any work, authority or jurisdiction not d~legated Co City under this Agreement. 5. MAINTENANCE FUNCTIONS: Certain maintenance functions may be delegated to the City as indicated under Section 7 of this Agreement. The City shall not perform any of these maintenance functions unless specifically delegated ~ander said Section 7. 6. ROUTE DESCRTPTION ~Gu'z~ ~p, DESCRIPTION OF ROUTING 74 StaL-e highway from the north City limits at the junction of Freeway 71 to the south Czty limits at the junct-i.on of Grand Avenue and the Ortega Highway. , ~ t a 3 _ , ~ 7. _~ DELPsGATION OF 2~'f~1INTENAI~GB The delegation of maintenance set forth herein does not include 3 areas and functions of whi.ch the control and maintenance rest ; r~ with the local authority under the terms of Freeway Agreements ,~ , and/or Freeway Maintenance Agreements: ; ITEM MAINTENANCE N0. FUNCTION AGENCY TO PERFORNi WORK ; StaCe Route No. 74 ~ +' Amount a a°'i Authorized v ra 561 Roadbed Maintenance ~ ~ 563 Roadsicie Maintenance X 0 564 3weeging X 0 565 Vegetation Control X 0 56& Electrical X 0 Total Authorized ~ 8. EXPENllITURE AUTHORTZATION: The Department will reimburse the City for actual cost of all maintenance work pcrformed by City as delegated under Section 7 0£ this agreement, but it is agreed that during any fiscal year, the maximum ex- penditure on any route sha11 noC exceed the amount as shown on Page 4 of this Agreement. « 4 ~ N~ 9..- TER:~ Or AGREEM~NT: This Agreement sha11 become effecCiva October ll, 1973, and shall r.emain in full force and effect 1 unti.l amended or Cerminated. ^ "j ,.~ The Agreement as above may be amended at any time up,an _ mutual consent of ths parties thereto. This Agreement may also be terminated by either party upon thirty days',notice Co the other partq. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF ELSINOR~ r,„ ~ !`i v~'°'~'T O<j~ ~ !~ SY ,~„ M or ~, q~~-`,g oJ `~'.L~lkiy~~-~ Gity G~er~~ Approved as to form and STATE OF CALIFORNIA procedurec DEPARTMENT OE TRANSPOF.TATION R. J. DATEL ttorney CHIEF ENGINEER Depaxtment of Transportation City Attorney By By District Director o£ Transportation Date Note; ~pproval by State's Attorney is not required unless changes are made to Chis form, in which case, the draft Gaill be submitted for Headquarters' review and approval 6y SGate's Attorney as to form and pracedure. ...-.i:.f___,._~} . ~ - 5 - STATE OF CALIFORNIA-BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor '' DEPARTMENT OF TRANSPORTATION y~~~~"~'~s~; --015TRICT S, P.O. BOX 231 ~ ~~.N BERNARDINO, CALIFORNIA 92403 ~ ~~ni'~ 1~.; ~~~ May 16, 1975 OFFICE OF: ~ ~ CITY MANA~ER ~~ ~~ . . Mr. John M. R. Hope City Manager City of Lake Elsinore P. 0. Drawer D 130 S. Main St. Lake Elsinore, CA 92330 Dear Mr. Hope; Attached is an original and two copies of a revised Agreement for Maintenance of State Highways in the City of Lake ETsinore. This revised Agreement is due to the relinquishment of old Route 74 along Lake Shore Dr. and Main St. and the adoption of new Route 74 along Riverside St. and Collier Ave. on Octo- ber 17, 1973. Please secure the signatures of the City officials, the reso- lution number, and the date of adoption. Retain one copy and forward the original and one copy back to Chis office. A : fully executed Agreement will be returned for your files. If you have any questions, feel free to call this office at 383-4191. Yours very truly, J. E. PEDDY District Director gy~a~.a.,P 1'~. ~v~,~~. Robert D. Hubbs Assistant District Maintenance Engineer Att-