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HomeMy WebLinkAboutCC Resolution 8151 (Merrydale Overcrossing)follows: RESOLUTION NO. 8151 A RESOLUTION AUTHORIZING THE SIGNING OF A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL FOR THE MERRYDALE OVERCROSSING RIGHT OF WAY CERTIFICATION THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a cooperative agreement with the County of Marin for the Merrydale Overcrossing Right of Way Certifica- tion, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 2nd day of April, 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Brei ner, Shippey, Thayer & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA LEONCINI� City Clerk a� COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL FOR THE MERRYDALE OVERCROSSING RIGHT OF WAY CERTIFICATION This agreement is made this 11-W7 day of /9 �] tc i �1990, by and between the County of Marin (hereinafter referred to as County) and the City of San Rafael, a municipal corporation (hereinafter referred to as City): WHEREAS the City is currently engaged in a Federal Aid Project for the purpose of designing and constructing an overcrossing structure over U.S. Highway 101 in the vicinity of Merrydale Avenue (hereinafter referred to as Project); and WHEREAS the construction of the aforementioned overcrossing will require the acquisition of roadway right of way; and WHEREAS Federal regulations require that the acquisition of such right of way be made under the direction of an agency certified by the State of California (hereinafter referred to as State); and WHEREAS the City is not certified by the State to acquire right of way for federally funded projects; and WHEREAS the County is certified by the State to acquire right of way for federally funded projects; THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The County will employ qualified right of way consultants (hereinafter referred to as Consultants) to prepare all necessary appraisals, documents, and agreements necessary to acquire the aforementioned right of way. Said Consultants will be familiar and experienced with state and federal requirements. The services of these Consultants will be acquired through a written agreement acceptable to the California Department of Transportation. The cost for the services of the Consultants will be billed directly to the City on a monthly basis for payment; and 2. The Consultants, assisted by agents of the City, will perform all negotiations necessary to acquire the aforementioned right of way. All maps and surveys necessary for the transactions will be provided by the City; and 3. The City will be totally responsible for all costs and disbursements of funds associated with the purchase and acquisition of the aforementioned right of way. There will be no federal or state funds used for the acquisition of the right of way, and the County will assume no responsibility for the management of funds relating to this Project; and w°V%111A, ' 7V7 4. The County's role will be limited only to the review and certification of appraisals, maps, documents, surveys, agreements, and files necessary to acquire the aforementioned right of way, in compliance with all applicable State and Federal requirements; and 5. In the event an action in "eminent domain" is required by the City in connection with this project, County shall have no obligation, save and except, furnishing its personnel who have worked on the right of way acquisition as witnesses, at the rate specified in Section 6 below; and 6. The City will financially reimburse the County $75/hour (to a maximum of $10,000 ) for the work performed by their staff right of way agents; and 7. This agreement will remain in force for whatever length of time is necessary to acquire the necessary right of way for the Project. This agreement may be terminated by either party at any time upon ten (10) days after service or mailing of written notice. No modification or amendment of this agreement shall be valid unless it is in writing and executed by all parties; and 8. Both parties agree to submit any claims arising under this agreement to binding arbitration pursuant to the current provisions of the California Code of Civil Procedure and any successor statutes. CITY OF SAN RAFAEL: Mayor ATTEST: Date:�a APPROVED AS TO FORM: JA -t'- I S)f City Attorney COUNTY OF MARIN: l � a Chairman, Board of Supervi s ATTEST: g e 0 Clerk to the Board. Date: APPROVED AS TO FORM: Cou�ty Counsel 2 of 2