AMENDMENT No. 1 04-CC-80-PM Var
AMENDMENT No. 1
TO FREEWAY MAINTENANCE AGREEMENT OF
STATE HIGHWAYS IN THE CITY OF RICHMOND
This AMENDMENT Number 1 to the Freeway Maintenance 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 STATE, 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 80 in the City of Richmond, hereinafter referred to as AGREEMENT, was executed by CITY and STATE on August 14, 1957; 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, an Encroachment Permit was executed between CITY and STATE for improvements to State Route 80 and related adjustments at the intersection of McBryde Avenue within CITYs jurisdictional limits; and
D. WHEREAS, a specific location on any State highway is described by its county, route, and postmile ("PM") designation; and
E. WHEREAS, the PARTIES hereto now desire to amend AGREEMENT as provided herein.
NOW, THEREFORE, the PARTIES agree to amend AGREEMENT as follows:
1. Exhibit A of the AGREEMENT is amended to add the CITY street intersection at McBryde Avenue and State Route 80 (PM 3.79) in Contra Costa County, identified as Location 1, as shown on Exhibit A-1 attached hereto. Exhibit A-1 supersedes and replaces any prior depiction of the McBryde Avenue intersection within Exhibit A and is incorporated into the AGREEMENT for all purposes.
AMENDMENT No. 1 04-CC-80-PM Var
2. A new Article 7 is hereby added and made a part of AGREEMENT to read as follows:
"7. BICYCLE PATHS, LANES, AND CYCLE TRACKS. For bicycle paths, lanes, and cycle tracks constructed as permitted encroachments within STATEs right of way, CITY is solely responsible for all permitted improvements, including but not limited to delineation, drainage facilities, slope, and structural adequacy. CITY shall maintain, at CITYs expense, a safe facility for bicycle travel along the entire length of the path, lane, or cycle track, including sweeping and debris removal when necessary, and all signing, striping, and pavement markings required for the direction and operation of the nonmotorized facility."
3. 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 until amended or terminated by mutual consent.
4. In all other respects, AGREEMENT remains unchanged and in full force and effect.
AMENDMENT No. 1 04-CC-80-PM Var
PARTIES 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 agencies 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:
NAME
City Manager
By:
LEAH BUDU,
Deputy District Director
Maintenance Division, District 04
ATTEST:
By: ____
NAME
City Clerk
AS TO FORM AND PROCEDURE:
By: ____
NAME
City Attorney
CITY OF RICHMOND, CA CONTRA COSTA COUNTY BKF ENGINEERS 1646 N. CALIFORNIA BLVD. SUITE 400 WALNUT CREEK, CA 94596 (925) 940-2200 www.bkf.com
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