AMENDMENT No.1 04-CC-80-PM 0.0/1.3
AMENDMENT No. 1
TO FREEWAY MAINTENANCE AGREEMENT OF
STATE HIGHWAYS IN THE CITY OF RICHMOND
This AMENDMENT Number 1 to the Freeway Main tenance Agreement, hereafter referred to as “AMENDMENT No. 1”, is effective on __________________________, and is entered into by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “S TATE”, and the City of Richmond, hereinafter referred to as “CITY”. CITY and STATE together are hereafter referred to as “PARTIES”.
WITNESSETH:
A. WHEREAS, a Freeway Maintenance Agreement of State Highway in the City of Richmond, hereinafter referred to as “AGREEMENT”, was executed by CITY and STATE on February 8, 1961; and
B. WHEREAS, AGREEMENT by its terms provides that it may be modified or amended at any time upon mutual consent of the PARTIES; and
C. WHEREAS, Encroachment Permit Number 0424-XXX-XXXX was executed between CITY and STATE to construct improvements to State Route (SR) 80/Central Ave. interchange for undercrossing, pedestrian, and bike improvements, hereinafter referred to as “PROJECT”, and
D. WHEREAS a specific location on any State highway is described by its postmile ("PM"), and
E. WHEREAS, the PARTIES mutually desire to id entify the maintenance responsibilities of CITY for newly constructed and/or revised improvements within STATE's right of way by Encroachment Permit; and
F. WHEREAS, the PARTIES hereto now desire to amend AGREEMENT as provided herein.
AMENDMENT No.1 04-CC-80-PM 0.0/1.3
NOW, THEREFORE, the PARTIES agree to amend AGREEMENT as follows:
1. Exhibit A is hereby amended to include the CITY street intersection at Central Avenue and STATE Highway Route 80 (PM 0.2), referre d to as "LOCATION 1," as depicted in Exhibit A-1. Exhibit A- 1 shall supersede and replace the relevant portions of Exhibit A that previously depicted the intersection of Central Avenue with STATE Highway Route 80 (PM 0.2).
2. AGREEMENT is hereby modified to read as shown on the attached Exhibit A-1 which shall be added to the end of Exhibit A, becoming a part of AGREEMENT for all purposes.
3. A new Article 6 is hereby added and made a part of AGREEMENT to read as follows:
“6. BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted encroachments within STATE’s right of wa y, CITY is solely responsible for all permitted improvements, including but not limited to the delineation, drainage facilities, slope and structural adequacy. CITY will maintain, at CITY expense, a safe facility for bicycle travel along th e entire length of the path/lane/cycle track by providing sweeping and debris removal when necessary; and all signing and striping, and pavement mark ings required for the direction and operation of that non-motorized facility. "
4. In all other respects, AGREEMENT remains unchanged and in full force and effect.
5. The changes to the AGREEMENT made by this AMENDMENT No.1 are hereby included in and made a part of the AGREEMENT and shall remain in full force and effect unless amended or terminated at any time upon mutual consent of PARTIES.
AMENDMENT No.1 04-CC-80-PM 0.0/1.3
TEPARTIES are empowered by Streets and Highways Code section 114 and 130 to enter into this Amendment and have delegated to the undersigned the authority to execute this Amendment on behalf of the respective agenci es and covenants to have followed all the necessary legal requirements to validly execute this Amendment.
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.
CITY OF RICHMOND STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Initiated and Approved
By:
City Manager By: _______________________
LEAH BUDU,
Deputy District Director
Maintenance Division, District 04
ATTEST:
By: ____
City Clerk
APPROVED AS TO FORM AND PROCEDURE:
By: ____
City Attorney
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5 CAE LINE
3 (CL-I) & SIDEWALK
2-WAY BIKE LANE
CAE LINE
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New CR
New CR
New CR
New CR
Rebuild CR
Rebuild CR
with New Passageway
Rebuild Island
with New Passageway
Rebuild Island
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'
7 '
10'
10'
Transitional Area
Bike to Pedestrian
Existing CR
9 '
12'
11'
11'
12'
12'
CENTRAL AVENUE
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B
R/W
New CR
R/W
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(CL-I) & SIDEWALK
1-WAY BIKE LANE
10'
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JACUZZI STREET
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Dist COUNTY ROUTE POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
LAST REVISION
STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION
No.
Exp.
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STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
TIME PLOTTED =>
DATE PLOTTED =>
09:32
31-MAY-2024
CHECKED BY
DESIGNED BY
CALCULATED- REVISED BY
DATE REVISED
PLANS APPROVAL DATE
DATE
FUNCTIONAL SUPERVISOR
R
COPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
OR AGENTS SHALL NOT BE RESPONSIBLE FOR
THE STATE OF CALIFORNIA OR ITS OFFICERS
R
07-28-23
USERNAME =>
DGN FILE => 2W660-Layout - KT-3-19-24_dsdd - Version 2_5-31-24.dgn
RELATIVE BORDER SCALE
IS IN INCHES
0 1 2 3
UNIT 0743 PROJECT NUMBER & PHASEBORDER LAST REVISED 7/2/2010
DESIGN GEORGE ACQUAYE
ANDREW PHAN
DESIGN LAYOUT
PRELIMINARY CONCEPTUAL
L-1
NO SCALE
0414000004
04 CC 004 0.23/0.23
1 0
'
9 '
(TOTAL 5 EACH)
CROSSWALK
(TOTAL 2 EACH)
CROSSWALK
To Be Protected In Place
Exist OH Sign Structure
7 '
7 '
LEGEND
STATE RIGHT OF WAY AREA MAINTAINED BY CITY.
LOCATION 1
EXHIBIT A-1
SHEET 1 OF 1
PAVEMENT MAINTAINED BY CITY.