State of California, Freeway Maintenance Agreement, 280 (Old 239) Jan 12 1965r
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RBSOLUTIOH NO, t 0 1 'f -
RBSOLU'.l'ION Oll' '.t'HE C,!TY COUNCIL OF THE CITY OF CUPERTINO
APPROVING FREEWAY MA..'tN'l'ENANIJE AGREJ.Wltmf'l'.
WHEREAS, the St.ate of California, thr1ough :I.ta Department of
Publio Worka, Division of Highways, hv.r,: :presented an agreement
entitled "Freeway Maintenanoe Agreelllf:!nt" whioh co11cern.o State
Highway Ro\1te 280 (Old 239), in thu Cit~· of Cupertino between
0.6 mile eaot of Sara.to~~ Avenue in San Jose and Stelling Road
in Cupertino, and
' WHEREAS, tho City Couno:l.l has heard read oa:id agreement in
full and is familiar with the contonto thc;~eof;
TlillREFORE, be it resolved by the City Council of the City
of Cupertino that aa.1.d Freeway !!iaintenance Agrecm0nt be and the
same is hereby approved and the Mayor and the: City Clerk are
directed to execute the same on belul.lf of 03.:1.rl City.
ADOPTED THIS __ "1 __ fJ!_~ ---DAY OF ,G-tit.Q"'-'_Q __ "'"_._, __ , , 19 ~ t .
Attest:
I hereby certify that the foroe;oin;:; rollolutlon was duly and
regularly pa.cscd by tho City, Council of the City of Cupertino
11c1d ~-~-J--i«-L'-"~. __} ___ , 19_~_1_·
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•:rnus AGRlm14BN~, made and entare>d into, in duplicate, th1a
/{);. "//;., · day of ~-IC.C...~{.. • 19~-; by and between
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the State 01' Oal11'orn14, acting by and through the Departlllleut ot
Publ1o \Jmoka, D1v1a1on off W,ghwayz, hereinaft9r tor oonve1nienoe
referred to as "the State," and the City of Cupertino, hereinafter
.t'or oonven1ence re.rer.-ed to as "the City," w1tnessetlu
WHERE,AS, on January 12, 196o and June 14., 1962, Fireeway
Agreements wre exeo\lted between the City and the Stat;e relating
to the development, a111 a r'reeway, ot a portion 01' Sta'te Highway
Rout11t 23,9 (l'lew 280), within the limits of the City or Cupertino,
ana
WHEREAS, under the p1•ov:i.aJ.ona of said Freeway Agreement, the
City agreed to certain adjustments in the city street system, and
.ror the carrying of certain streets over or under or to a con-
nection with the freeway, and
'WHEREAS, as.id f'l'eewa.y has now been comp;J.eted or is ne'aring ., .
completion, and the parties hereto mutually desire to clarify
the division of.' lll.!l.intenar1ce responsibility as to separation
structures, and city streets or ::iortion.a thereof, and landscaped
arena, within th•e tre•eway liini ta.
NOW THEREFORE, I'l' IS AGREED:
l. ROADWAY SECTIONS
The City will m.:.!a~ain, at City exponac, all portions of
city streets and a.ppurten::mt atructurea and borderlr;ig areas,
w1th:!..n the shaded areas on tho attached map marked Exhibit ''A"
and made a p&rt hereof by this ro!'eronce.
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2. VBHICULAR OWRCROSSINGS
'l'he State 'lf:lll maintain, at State expense, the entire struc-
ture below the top oi.' the ooncrete deok surface, exclusive or any
bituminous surface treatment thereon. The City will maintain, at
City expense, the t~P or the co~crete deck surface, together with
any bituminous surface treatment thereon, and all portions or the
structure above the concrete deck surface, and shall pex•form such
other work as may be necessary to insure an irepervious and other-
wise euitable surface. '!'he City will also maintain all traffic
service i.'aoilities provided for the benefit or control of city
street traf1'1c,
3. VEHICULAR UNDERCROSSINGS
Tb".! State will ma:!.ntain the strwo<.1re proper. The City will
maintain the roadway section, includi.'l.g the travaled way, s,houlders,
curbs, sidewalks, walls, drainage installations ... nd ::raffle sex•vice
facilities, and all water lines except t;hose inei>,sed within the
walls, deck or floor of tht) struct .. 1re.
4. PEDESTRIAN OVERCROSSD!G:S
Exce,pt for d!ll!Ulge to the struc~ure resulting from freeway
vehicular traffic, tht"l City will maincain pedestrian overci:-oss-
inga in their entirety.
5, PEDES'.1.'RIAN UNDERCROSSINGS
'l'he State will maintain the structure from a structural
standpoint. The City will maintain all drainage and ) .. i~ht.1.liti
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inatal1a1;ions, and all water lines except those :!.ncused w:tthin
the walla, deck or floor of thG structure. The City will also
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be N,eponsible 1'or all oleaniri.g and painting aa may be required
to k~ep the struature ~~~a ot debris and obscenity.
(). UND..'IOA!'BD A.~~"!
All plantings or otb®l' typ,1a ot roadside development lfithin
the .t'J:'eeway lilll1te within the shaded areas on Elth.1bit "A" will be
ma1nt1~1ne'<I by the 1)1 ty.
7. JmBPONSIBILl'l'Y
It ia understood and agreed that neither tl::le St11te, the
Depart:ment, nor any off1ce1r or employee thtn•eoi' is %'1)apone1ble
for any damage or liability occurring by rt11aaon of anything done
or omitted to be done by the City under or in connection with any
work, authority or Jurisdiction delegated to tho City under this
Freeway Maintenance l\greement. It ia also understood anct agreed
that pUl'suant to Ooverronent Code Section 895,4, the City sh~ll
fully indemnify and hold the State harmless f:."om imy damage or
liability occurr'ng by reason of anything done or omitted to be
done by the City under or :l.n connection with any work, authority
or jurisdiction dele~ated to tho City under this Agreement.
It is understood and agreed that neither the City nor any
o1'1'icer or employee ther~of, ia responsible for any damage or
liability occurring by !'(JD.aon of anything done or omitted to be
done by the Department under or in connection with any work,
authority or jur1adiction not delegated to the C1ty under this
Fl'eeway Maintenance Agreement. It is also understood and agreed
that, purnunnt to Govet'l'l..'llont Code 3oct1on 895,,i, the Department
shall fully indell':lllify and ho1d the City ha:rmlesa from any damage
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or llab1l it, l oocurr1ng by l"'tmflon o1' anything done Ol° 0111.ittietl to
be done by the' Dep:a'tment ~er or :i.n conneot1on w:!.th any work,
authority or jUX'1od1otion not delegs\ted to the City under th1a
Agi•eement.
'l'h1e Agreement shall bo effective upon tho date or 1te
execution by the Stat6J it being understood and agreed, however,
that the execution or this Agreement ah.all not affect any pre-
e.iciating obligations or the City to maintain deaignated areas
pursuant to prior written notice from the Sta.to tha.t work in
such areas, which the City has agreed to maintain pursuant to
the terrilS of the Freeway Agreeaent, has been completed.
Approval Recommended
Approval aa to Form
~I . l\J.::t \A I .' 11 Jit _ ~~rtffien:t"
morney
, iFORNIA STATE O~
DEF AR'l'ilJE
DIVISION'
uF PUBLIC WORKS
O«· rrramvAYS
J. C. \!Qr!ACK
STATE HIJHWAY ENOINEER
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"''' lJcputy .State Highway J;!ngineer
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CI'l'Y OF CUPERTINO
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.__-----LOCATION LIMtrs -------~ I
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EXHIBIT 11A1
FREEWAY MAINTENANCE AGREEMENT ul~f!:-t-'~+'-'-·
VICINITY MAP
MATCH TO SH f.E T 3
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F."--~ Area to b~' maintained by City 1!lJ.JlUl::ii8 ,_ ___ ,, ---
FREEWAY MAINTENANCE AGliEEIVIEtJT RTE SHE 1';.T
LOCA T'I ON N2 I 280 3 Of 4
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PROPOSED ____.. ---·------RELINQUISHMENT
NO. 31379
Area to b.e mointcin~1d by City [fil[SGJT'.r) --~ ·--'
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PROPOSED
~QUISHMEiliT
NO. 31379
EXHIBIT 1'A 11
~REEWAY MAINTENANCE AGREEMENT
LOCATION N!! 2 --
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