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HomeMy WebLinkAboutResolution No. 6136RESOLUTION NO. 6136 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A 2ND AMENDMENT TO THE AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE BELLAM BOULEVARD ROADWAY IMPROVEMENTS PROJECT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael,an amendment to the Agreement dated June 6, 1977 with the State of California for the Bellam Boulevard Roadway Improvements Project so as to transfer to the State the main- tenance responsibilities for the traffic control signal system at cer- tain intersections within said project, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 20th day of July, 1981, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None OMNE M. LEONCIN , City Clerk ORUG—RNAL Olb6 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 04-Mrn-17 2.0 04207 - 393191 Dist. Agmt. No. 4-0495-C Document No. Mrn-21-2752 Amendment No. 2 2ND AMENDMENT TO AGREEMENT THIS 2ND AMENDMENT TO AGREEMENT, ENTERED INTO THIS DAY OF , 1981, BY AND BETWEEN AND CITY OF SAN RAFAEL, a body politic and a municipal corporation of the State of California, referred to herein as "CITY" STATE OF CALIFORNIA., acting by and through its Department of Transportation, referred to herein as"STATE". WITNESSETH WHEREAS, the parties hereto, on. June 6, 1977, entered into an Agreement (Document No. Mrn-217.752) which provides for channelization at the Bellam Boulevard Interchange on State Highway Route 17; furnishing and installing traffic signals at four intersections along Bellam Boulevard; widening a portion of Bellam Boulevard; resurfacing Bellam Boulevard, and realignment of Anderson Drive; and WHEREAS, the said prior Agreement was amended on February 20, 1979, to provide for certain changes in the Federal -Aid Urban (FAU) funds, STATE, and CITY financial participations; and WHEREAS, the said prior Agreement as amended, provides for CITY to maintain the traffic control signal systems and safety lighting at all four intersections along Be?lam Boulevard; and WHEREAS, the parties hereto desire to amend the -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C said prior Agreement to transfer to STATE, the maintenance responsibilities for the traffic control signal systems and safety lighting located at the following three intersections along Bellam Boulevard: Route 17 southbound ramps, Route 17 northbound ramps and Francisco Boulevard. NOW, THEREFORE, in consideration of the premises and mutual undertakings of the parties hereto, it is hereby agreed that, that certain District Agreement No. 4-0495-C (Document No. Mrn-21-2752) entered into by and between CITY and STATE on June 6, 1977, and amended on February 20, 1979, is hereby further amended as follows: (1) On page 15, Articles (5) and (6) of Section I (STATE AGREES), PART "B", are hereby amended to read: "5e) To maintain all portions of said PROJECT which lie within STATE°s right of way (except for that portion of Bellam Boulevard located between Francisco Boulevard and the Route 17 freeway southbound ramps) constructed pursuant to this Agreement and make no claim against CITY for any part of such maintenance expense. "6e) To maintain and operate the traffic control signal systems and safety lighting at the intersections of Bellam Boulevard with the Route 17 southbound and northbound ramps and -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to bear an amount equal to 50 percent of the maintenance and operation costs at each intersection; and to maintain and operate, at CITY°s sole expense, the traffic control signal system and safety lighting at the Bellam Boulevard --Francisco Boulevard intersection." (2) On page 21, Article (8) of Section II (CITY AGREES), PART "B", is hereby amended to read; "8a) To maintain and operate, at CITY°s sole expense, the traffic control signal system and safety lighting at the intersection of Bellam Boulevard with Andersen Drive as installed pursuant to this Agreement; and to -reimburse STATE for CITY's proportionate shares of the cost of maintenance and operation of the traffic control signal systems and safety lighting at the intersections of Bellam Boulevard with the Route 17 southbound ramps, the Route 17 northbound ramps and Francisco Boulevard; said shares to be on amount equal to 50 percent of the cost at each of the ramp intersections, and 100 percent of the cost at the Francisco Boulevard intersection." I (3) On page 22, Article (3) of Section III (IT IS - r% 91 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNDERSTOOD AND AGREED), PART "B", is hereby amended to read: "3.) That, execution of this Agreement by STATE grants to CITY the right to enter upon STATE's right of way for the purpose of maintaining Bellam Boulevard between Francisca Boulevard and the Route 17 freeway southbound ramps." (4) All other terms and conditions of said prior Agreement (Document No. Mrn-21-2572) shall remain in full force and effect. (5) This 2nd Amendment to Agreement is hereby deemed to be a part of the said prior Agreement (Document No. Mrn-21-2572). STATE OF CALIFORNIA Department of Transportation ADRIANA GIANTURCO Director of Transportation Transportation District 4 JOHN WEST District Director By A)6 , 1_ MFKjty'DYstrict Directdr -4- CITY OF SAN RAFAEL B(4 .• Mayor t t: City Clerk