Agmt18 State of CA. - Dept of Transportation

Browse Search

04 -SM -101 PM 6.20 Redwood Creek Bike Trail in Redwood City MAINTENANCE AGREEMENT FOR PED/BIKE TRAIL IN THE CITY OF REDWOOD CITY THIS AGREEMENT is made effective this •4L day of May . 20 16 , by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Redwood City; hereinafter referred to as "CITY" and collectively referred to as "PARTIES". SECTION I RECITALS 1. WHEREAS, PARTIES desire to work together to allocate their respective obligations relative to the newly constructed trail on State Route (SR) 101 under Redwood Creek Bridge (Br. 35- 0145) by Encroachment Permit Number hereinafter referred to as `TRAIL", and 2. WHEREAS, this Agreement addresses CITY responsibility for the TRAIL and various other related improvements placed within State Highway right of way under State Route 101 as shown on Exhibit A, attached to and made a part of this Agreement, and 3. 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. NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION II AGREEMENT 4. Exhibit A consists ofplan drawings that delineate the areas within STATE right of way which are the responsibility of the CITY to maintain in accordance with this Maintenance Agreement. 5. If there is mutual agreement on the change in the maintenance duties between PARTIES, the PARTIES can revise the Exhibit A by formal amendment. 6. 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 annual permit will be issued at no cost to CITY for maintenance performed by City personnel. Any other use or presence by CITY requires a separate encroachment permit issued by STATE. No motor driven vehicles shall be permitted on the TRAIL except those operated by STATE or CITY, or contractors working for CITY, to' perform those maintenance duties described herein.