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04-SM-101-KP 5.8/19.2 <br /> ''' t~ c''(''~ SM- 101- I~ ,.8/19.2 <br /> <br /> AGREEMENT FOR MAINTENANCE OF BICYCl..E PATH <br /> <br /> THIS AGREEMENT is executed effective this day of _ ,2001, by <br /> and between the Depanmem of Transportation, State of California, hereinafter referred to <br /> as "STATE", and the City of REDWOOD CITY, hereinafter referred to as "CITY". <br /> <br />1. A bicycle path, hereinafter referred to as "PATI-F, is to be comtructed by STATE using <br /> a portion of STATE right of way. <br /> <br />2. The PATH, which is located within CITY limits and City of San Carlos, and within <br /> STATE's right of way along State Route 101 from the Whipple Avenue on-ramp to the <br /> Sky Way fmmage mad in REDWOOD CITY, all as shown in Exhibit A. <br /> <br />3. The parties desi~ to specifythe distribution of operating and maintenance responsibility <br /> for the PATH as between both parties and to specify the terms and conditions under <br /> which such work will be performed on STATE right of way. <br /> <br />4. STATE owns the underlying property below the PATH and reserves the right to use <br /> that PATH and STATE's right of way for temporary highway maintenance purposes <br /> and/or permanent future highway fight of way without restrictions and/or obligations <br /> of any kind due the other parties to rhi~ Agreement. <br /> <br />In consideration of the mutual covenants and promises herein comained, it is agreed: <br /> <br /> 1. CITY shall perform maintenance work as hereinafter described under Section D. <br /> <br />2. CITY agreed to maintenance part of the path (460') m city of San Carlos. <br /> <br />3. CITY shall maintain, at City's expense, all PATH improvements, including, but not <br /> limited to, the Bay-side fence, the supporting slope, the surface paving and delineation <br /> markings, signage, and the structural adequacy of the PATH as shown on Exhibk A. <br /> <br />4. Permissive rights granted to CITY under this Agreement are restricted to maintenance <br /> duties as outlined herein and the operation of the PATH facility by recreational users. <br /> No motor driven vehicles shall be permitted on the PATH except those vehicles directly <br /> operated by STATE and/or ks designees, REDWOOD CITY, and Pacific Gas and <br /> Electric Company employees operating under a separate encroaehmem permit issued by <br /> STATE. Any other use by CITY including vehicles of each contractor acting for CITY <br /> will also requite an encnyachment permit from STATE. <br /> <br />$. CITY shall not, at any time, use or permit the public to use PATH in any manner that <br /> will interfere with or impair the primary highway transportation use of STATE's right of <br /> way. <br /> <br />6. Should CITY desire to reconstruct, modify and/or improve the PATH, not including <br /> typical maintenance activities described herein, CITY shall obtain all necessary design <br /> approvals and encroachment pennks from STATE in advance of performing any work. <br /> <br /> rev 8/24/01 <br /> <br /> <br />