HomeMy WebLinkAboutAGENDA REPORT 1990 1017 CC REG ITEM 11HBERNARDO M. PEREZ
Mayor
SCOTT MONTGOMERY
Mayor Pro Tem
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
PAUL W. LAWRASON, Jr.
Councilmember
LILLIAN KELLERMAN
City Clerk
MOORPARK
STEVEN KUENY
City Manager
CHERYL J.KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
To: The Honorable City Council
From: Patrick J. Richards, Director of Community Development
Date: October 17, 1990
Subject: MEANDERING PUBLIC SIDEWALKS AGREEMENT
In March of 1990 The City had signed a meandering public sidewalk
agreement with The State of California, Department of
Transportation (Caltrans) for the purpose of agreeing to maintain
landscaping and sidewalks within state right -of way. Since March
1990, staff has received a request for changes from Caltrans
regarding the agreement.
Attached is the amended draft showing the changes requested by
Caltrans, and the final draft.
STAFF RECOMMENDATION
That the City Council approve the final Meandering Public Sidewalk
Agreement and authorize the Mayor to sign.
Attachment: Amended Agreement
Final Agreement
PJR170CT.a
r
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
MEANDERING PUBLIC SIDEWALKS AGREEMENT
THIS AGREEMENT, made and entered into on this 7th day
of March , 1990, by and between the STATE OF CALIFORNIA, acting
by and through the Department of Transportation (herein referred
to as "STATE"), and the City of Moorpark ( herein referred to as
"CITY ").
WITNESSETH:
WHEREAS, it is the intention of the City of Moorpark to
condition through the land use entitlement process, all future
development projects within the City to provide meandering
sidewalks and associated landscaping along their entire frontage
adjacent to the Stat Route 118; and
WHEREAS, the City Council of the City of Moorpark has
approved Resolution No. 89 -542 on March 15, 1989, in which CITY
declared its intent to enter into an agreement with STATE to
provide for meandering sidewalks and associated landscaping to be
installed and maintained on STATE rights of way fronting State
Route 118.
NOW, THEREFORE, IT IS AGREED:
1. CITY agrees and consents to assume responsibility
for the installation and maintenance of any meandering sidewalks
and associated landscaping which are placed on STATE right of ways
fronting State Route 118 as a condition of CITY'S land use
entitlement process. The meandering sidewalk may be located both
in and outside of Caltrans right of way along Los Angeles Avenue
(State Route 118).
2. STATE bestows upon CITY permission to require
meandering sidewalk and related landscaping within the STATE right
of way as a condition of CITY'S approval to adjacent developers.
Final approval of detailed plans for the _
sidewalk and related landscaping will be determined by Caltrans for
each development through the encroachment permit process.r
3. CITY shall indemnify and hold STATE harmless fr fre and
against any and all claims, liability, los, damage, cost and
expense, including court costs and attorney's fees, whether or not
litigation be commenced, because of injury or death to any person
whomsoever or damage to any property whatsoever, attributable to
the sole negligence of CITY and, arising out of, or in any way
connected with, the installation and maintenance of meandering
sidewalk(s) and associated landscaping / fh aAd out a f s-ft-4e t
i
4. This Agreement may be modified at any time by mutual
consent of the parties heret6, as may become necessary for the best
accomplishment, through STATE and CITY cooperation, of the
meandering sidewalks project on STATE rights of way fronting on
State Route 118 for the benefit of the people of the STATE and of
the CITY.
Agreement to be executed by duly authorized officers.
STATE OF CALIFORNIA
Department of Transportation
By: . I-/S lew 1,CZ-
Deputy Director
cconstruction and Maintenance
THE CITY OF MOORPARK
By:
Mayor of the City of Moorpark
MEANDERING PUBLIC SIDEWALKS AGREEMENT
THIS AGREEMENT, made and entered into on this
17th day of OCTOBER , 1990, by and between the
STATE OF CALIFORNIA, acting by and through the Department
of Transportation (herein referred to as "STATE "), and the
City of Moorpark (herein referred to as "CITY ").
WITNESSETH:
WHEREAS, it is the intention of the City of
Moorpark to condition through the land use entitlement
process, all future development projects within the City to
provide meandering sidewalks and associated landscaping
along their entire frontage adjacent to the State Route 118;
and
WHEREAS, the City Council of the City of Moorpark
has approved Resolution No. 89 -542 on March 15, 1989, in
which CITY declared its intent to enter into an agreement
with STATE to provide for meandering sidewalks and
associated landscaping to be installed and maintained on
STATE rights of way fronting State Route 118.
NOW, THEREFORE, IT IS AGREED:
1. CITY agrees and consents to assume
responsibility for the installation and maintenance of any
meandering sidewalks and associated landscaping which are
placed on STATE right of ways fronting State Route 118 as
a condition of CITY'S land use entitlement process. The
meandering sidewalk may be located both in and outside of
Caltrans right of way along Los Angeles Avenue (State Route
118).
2. STATE bestows upon CITY permission to require
meandering sidewalk and related landscaping within the STATE
right of way as a condition of CITY'S approval to adjacent
developers. Final approval of detailed plans for the
sidewalk and related landscaping will be determined by
Caltrans for each development through the encroachment
permit process.
3. CITY shall indemnify and hold STATE harmless
from and against any and all claims, liability, loss,
damage, cost and expense, including court costs and
attorney's fees, whether or not litigation be commenced,
because of injury or death to any person whomsoever or
damage to any property whatsoever, attributable to the sole
negligence of CITY and, arising out of, or in any way
connected with, the installation and maintenance of
meandering sidewalk(s) and associated landscaping in and out
Of STATE'S right of way.
90 --5J
4. This Agreement maybe modified at any time by
mutual consent of the parties hereto, as may become
necessary for the best accomplishment, through STATE and
CITY cooperation, of the meandering sidewalks project on
STATE right of way fronting on State Route 118 for the
benefit of the people of the STATE and of the CITY.
Agreement to be executed by duly authorized
officers.
STATE OF CALIFORNIA
Department of Transportation
By:
S. Lisiewicz, Deputy Director
Construction and Maintenance
THE CITY OF MOORPARK
By:
Mayor of the City of Moorpark