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
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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
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