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8H Consent 2007 0917
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8H Consent 2007 0917
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9/12/2007 4:44:49 PM
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9/12/2007 4:44:46 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/17/2007
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_CC Agenda 2007 0917
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2007\Packet 2007 0917
Reso 2007-125
(Reference)
Path:
\City Clerk\City Council\Resolutions\2007
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<br />04-ALA-61-PM 14.96/15.96 <br /> <br />AGREEMENT FOR MAINTENANCE OF STREETSCAPE IMPROVEMENTS <br />ON STATE HIGHWAY ROUTE 61 (DOOLITTLE DRIVE) <br />IN THE CITY OF SAN LEANDRO <br /> <br />THIS AGREEMENT is made and entered into effective this day of <br />, 20_, by and between the Department of Transportation, <br />State of California, hereinafter referred to as "ST ATE", and the City of San <br />Leandro, hereinafter referred to as "CITY". <br /> <br />I. RECITALS <br /> <br />1. On March 22, 2004, City of San Leandro, City of Oakland; and the Port of <br />Oakland entered into a Memorandum of Understanding (MOU), incorporated <br />herein by this reference, for the construction of the Airport Gateway <br />streetscape improvements to State Highway Route 61 (Doolittle Drive) <br />(hereinafter "SR-61") within the cities of San Leandro and Oakland. City of <br />San Leandro was designated as Project Administrator and is to act in such <br />capacity on behalf of the City of Oakland and the Port of Oakland. <br /> <br />2. On May11, 2006, STATE Cooperative Agreement No. 4-2008 (herein <br />referred to as "CA") was executed between the City of San Leandro, City of <br />Oakland, Port of Oakland, and STATE. Said CA is incorporated herein by <br />reference to the extent that it is not inconsistent with the terms of this <br />Agreement. Said CA provided for the construction of streescape <br />improvements; including, but not limited to, new medians, enhanced <br />landscaping, sidewalks, lighting, decorative light poles, defined bicycle lanes, <br />and a gateway monument on SR-61, referred to therein collectively as <br />"PROJECT" (hereafter referred to herein as "STREETSCAPING") in the Cities <br />of Oakland and San Leandro. <br /> <br />3. Under said MOU and CA, each party agreed to operate and maintain <br />STREETSCAPING constructed as delineated by the jurisdictional areas <br />specified therein for each signatory party. <br /> <br />4. Under Section I, Article 23, of said CA, it was agreed by the parties therein <br />that, upon completion of the construction of said STREETSCAPING, the <br />parties to the said MOU and CA would assume ownership, maintenance, <br />operational liability for and bear all expense thereof of STREETSCAPING, <br />including all non-State standard materials, equipment, appurtenances and <br />encroachments installed or constructed within the SR-61 right of way. <br /> <br />5. Under Section I, Article 22, of said CA, City of San Leandro agreed to <br />facilitate separate maintenance agreements between STATE and each of the <br /> <br />1 <br />
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