FREEWAY MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into, in duplicate,
26 th day of July → 19_66, by and
this
between the State of Callfornia, acting by and through the Department of Public Works, Division of Highways, hereinafter for convenierice referred to as "the State," and the City of Santa Monica hereinafter for convenience referred
to as "the City," witnesseth:
WHEREAS, on July 11 → 19_61, a Freeway
Agreement was executed between the City and the State relating to the development of that portion of State Highway Route 10, 1 within the limits of the City of Santa Monica as a
freeway, and
WHEREAS, under the provisions of said Freeway Agree-
ment, the city agreed 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 landscaped areas, within the freeway limits.
:
NOW THEREFORE, IT IS AGREED:
1. ROADWAY SECTIONS
The City will maintain, at City expense, all portions
of City streets and appurtenant structures and bordering areas colored in yellow and purple on the attached map marked Exhibit "A" and made a part hereof by this reference.
2. VEHICULAR OVERCROSSINGS
The State will maintain, at State expense, the entire
structure below the top of the concrete deck surface, exclusive of any bituminous surface treatment thereof. The City will maintain, at City expense, the top of the concrete deck surface, together with any bituminous surface treatment thereon, and all portions of the structure above the concrete deck surface, and shall perform such other work as may be necessary to insure an impervious and otherwise suitable surface. The City will also maintain all traffic service facilities provided for the benefit or control of City street traffic.
3. VEHICULAR UNDERCROSSINGS
The State will maintain the structure proper. The
roadway section, including the traveled way, shoulders, curbs, sidewalks, walls, drainage installations and traffic service facilities, and all water lines except those incased within the walls, deck or fioor of the structure, will be maintained by the City.
4. PEDESTRIAN OVERCROSSINGS
Except for damage to the structure resulting from
freeway vehicular traffic, the City will maintain pedestrian overcrossings in their entirety.
:
5. PEDESTRIAN UNDERCROSS INGS
The State will maintain the structure from a structural standpoint. Ihe City will maintain all drainage and lighting Installations, and all water lines except those incased within the walls, deck or floor of the structure. The City will also be responsible for all cleaning and painting as may be required to keep the structure free of debris and obscenity.
6. LANDSCAPED AREAS
All plantings or other types of roadside development
within the freeway limits and colored in purplę on Ixhibit "A" will be maintained by the city.
7. RESPONSIBILITY
It 1s understood and agreed that neither the State, the Department, 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 City under or in connection with any work, authority or jurisdiction delegated to the City under 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 reason of anything done or omitted to be done by the City under or in connection with any work, authority or jurisdiction delegated to the City under this Agreement.
It 1s 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 Department under or in connection with any work, (
authority or jurisdiction not delegated to the City under this Freeway Maintenance Agreement. It is also understood and agreed that, pursuant to Government 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 Department under or in connection with any work, authority or Jurisdiction not delegated to the City under this Agreement.
8. EFFECTIVE DATE
This Agreement shall be effective upon the date of its
execution by the state; it being understood and agreed, however, that the execution of this Agreement shall not affect any pre- existing obligations of the City to maintain 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.
STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
DIVISION OF HIGHWAYS
J. C. WOMACK
STATE HIGHWAY ENGINEEF
Approval Recommended
By S/G. Lonasneg
reputy State lighway Enginee
15| AiL. Hemelboch CITY OF SANTA MONICA
DEPUTY District Engineer
$/ Edward L. Tinney By Ly Perry Scotf
Maintenance Engineer
Approval as to Form By A K. O. Grubb
Ity Clerk
51 Robert A. Munree sea
ttorney for Department
(
Ättorney
BE90I2ICH 1D. 316N
{ETI7 COUITL SERIES )
A REBORURTON OP THA CITY COUNORT CE
THE CISE CE SANTA WOTAOA APPROVENG
AGRESTEI FOR MATTITCHNACE OF STACE
FREIMAZS II SIE CIST OF GANDA MONICA
CHE CITT COUNCIT, OZ TUE CITI OP SAETEA MOMIGA DODS AEGOINM AS TORONS:
SECTION 1, That tho Agrocmont entitea "Asto»
nent for Maintenonoe of Stato Fresago in tho City 65 Centa Monica Illectivo " sottinz fortli
the partieuler mainteneneo fucotions to be perrened to Che city end thode to be perfored by the Staco, eng appelf/ina the teras and conditions andan wilck gach Monts 0212 be performod, heuchy 1a approved end the City Monsaer 15
authorized to sign the sano on bohelf of the Gifs•
SECTION 2. The City Clerl chal? eertify to the
adoption or this Resolution and thonecforth and thorobrcen the samo shall be in full forse and effoct.
ADOPTED and APPROVID thia _atth day ct
_eulg 1905.
ATTEST :
Qe X. Minter
rayer
Tomc
I vorony certify that the Porogoing rodolutson noa
andy adopted by the dity Counsil of the City of sonta Monten July
day of 1956, by the folioning
vote of the Counsll:
Counestinen: Corey, Hoover, Holdy, sorensen,
Spurgin, Wamsley, Hinter
NONS: CounelInen: Hono
ARSENT: Quuncilmon: lone
fatt
at a
Approved as to fora thso
day of 2906
Hobart 0e
Recepacided for approval;
This day of. 3965•
City Ingineer
REDDIN 1D. 3161.
(CIUT COUOIL SERIES)
A RECOLUZION OF THS CITY COUNCIL OR
THE GIFE OF SANTA MONICA APPROVENG
AGREEMENT FOR MAITITENANCE OF STADE
FRESHAES IN TIE GNED C2 GAMIA MONICA
THE CITY COUNCIL OR TIE CITI OP SANKA MONICA DOES REJOINE A3 FOLLOWS:
зтто 1, That the Agreement entitled "Agroe.
ment for Matntenance of stato Fronayo in the City of Santa Monica Eefective *, sotting forth
the partieular naintenando furetions to be performed by the city end these to be perferoed by the Stato, and specifying the teras and conditions under whieht such Moris w112 be performed, hereby 1s approved end the City Manager 1s
authorized to sign the same on bohelf of the City.
SECTION 2. The City Clert choll oertify to the
adoption or this Mesolution and theneciorth and thereorter the sane shall be in full force and effoct.
ADOPTED aña APPROVED this 26üh day of
muly - 1905.
ATTEST:
QexX Minter
Mayor
Ker. ilet
I Horoug certify that the foregoing resolution was
duly adopted by the City coumell of the City of sants Monten at a montan meeting thoreof held on the 26th
July
day of 1956, by the followins
vote of the Council:
AYES: Councilmen: Corey, Hoover, Reidy, sorensen,
Spurgin, Hamsley, Minter
NOTS: Councilmen: Nore
ABSENT: Counciluens lone
Approved as to form this
day of 1,906
nobarT O. coolina,
Recommended for approvals:
This day of 1966•
Earlott I. Kenneds,
City Engineer