Agmt 2009 Caltrans (3) - Laserfiche WebLink

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Ala 580 PM 33.5/34.6 AGREEMENT FOR MAINTENANCE OF SOUNDWALLS IN TAE CITY OF SAN LEANDRO THIS AGREEMENT is made and entered into in duplicate, effective this 2b~' day of !-~gYch 200 by and between the State of California, acting by and through its Department. of Transportation, hereinafter referred to as "STATE" and the CITY of SAN LEANDRO hereinafter referred to as "CITY", and collectively referred to as "PARTIES." WITNESSETH: A. WHEREAS, on August 21, 2008, Cooperative Agreement No. 4-2202 was executed between Alameda County Congestion Management Agency (ACCMA) and STATE to construct a soundwalls- on State Route 580 from Estudillo Avenue to 141st Street hereinafter referred to as "PROJECT", and B. WHEREAS, in accordance with the said Agreement it was agreed by PARTIES that prior to or upon PROJECT completion, CITY and STATE will enter into a maintenance agreement. G WHEREAS, the PARTIES hereto mutually desire to clarify the division of maintenance responsibility, as defined in section 27 of the California Streets and Highways Code, and their respective responsibilities as to PROJECT constructed under the Cooperative Agreement No 4-2202. D. WHEREAS, there is an existing Freeway Maintenance Agreement (FMA) with CITY of San Leandro, dated December 16, 1964. This Agreement is not meant to replace or supersede the earlier agreement/agreements. NOW THEREFORE, IT IS AGREED: 1. Exhibit A consists of plan drawings that delineated the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Maintenance Agreement. 2. CITY must obtain the necessary Encroachment Permits from STATE's District 4 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no. cost to CITY. 3. INTERCHANGE OPERATON It is STATE'S responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads.