1969/10/20 City Council ResolutionR SOLUTIO 1`4'0. 69-11,-j2
2 ES07
'�k ` C 12,11-1- -'-' ' EN HE
LUTIONt 2-PPROVING ' ' * 1, Ll�.l BE.L! "LL;
CITY OF ROHNERT PARK Z--2;D THE COUNTY OF
S OZ11 CZ2k
(Freewa-,7 Zigreement and 1,.Roi-lnext. Park,
.L-x' pre s sway Interchange)
BE IT RESOINED b-,7 the Council of the Cit--.Z -,- of
:--`ohnert Dark that that certain agree-i-iient between the
County of Sono.-aa an the City of Rohnert ],'Parlra concerning,
the freeway agreement and -7.Z0 n-inert Park Expressway
Interchange a copy of which is attached to and made a
part of this resolution, be and the same is hereby
aDDroved and the 1� a-or is authorized to execute said
agreement for and on behalf of the City of Rohnert
Park.
DULY AIND ,L EGULARLY 20OPTED this 20th day of
October, 19069®
CITY OF
BY
AYES. 5 Councilmen Buchanan, Hopkins, Roberts,
AYES
and Rogers
NOES: 0 None
ABSENTz 0 None
Deputy City 'Clerk
A G R E B bi E 11 T
(pe Freeway Agreement and Rohnert Park
Expressway Interchange)
This Agreement, made and entered into this
A
day of 1969, by and between the Co until
of sonoma, hereinafter referred to as "COUNTY" and the City of
Rohnert, Park, hereinafter referred to an "CITY".
WITNESSETH
WHEREAS, the State of California and COUNTY have here-
tofore entered into a Freeway Agreement dated December 23, 1963,
relating to the State aoute 101 Freeway section between 1/4 mile
south of Wilfred seen ue and the North City Limits of cotati, and
WHLREAs, prior to entering into said Freeway Agreement
CouNTy, by Resolution No. 4987-1, dated January 14, 1963, agreed
in principle to certain conditions ad.opted as policy by the
California Highway commission and expressed its willingness
to participate in the costs of construction and right of way
in connection with the construction of an interchange at Rohnert
Park Mpressway as set forth in such Resolution, and
WIMIREAS, s sequent to entry by COUNTY into said
Freeway Agreement CITY has annexed certain areas including
portions of such Freeway covered by said Agreement, and
WHERLASr it is the mutual desire of the State of
California and CITY to enter into an Agreement under which
CITY would assume COUNTY'S comMitwents under said Resolution
dated January 14, 1963,
NOW, TUERMORE, IT IS AGREED:
A. CITY
1. on State Route 101 at the Rohnert Park
Expressway, ciTy will provide the necessary right of way for
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the new connection to the Freeway and the necessary right of
way for the realigned frontage road.
2. CITY agrees to accut, without aid or
assistance from COUNTY, control and nainter of all the
relocated, reconstructed or otherwise altered streets or roads
which lie within the corporate linits of CITY.
3. Except for overhead power and telephone lines,
and underground telephone cables as hereafter provided for, the
CITY will make arrangements for any relocation Of utilities
This re
ecessa17r -
,r by the proposed work described in Al.
made n1
location of utilities will be performed without anY financial
assistance from COUNTY.
4. CITY shall within 60 days from receipt
refund to COUNTY all funds accruing to CITY under the pro-
vision3 of section 1, Article 5 of the attached Exhibit
B. COUNTY
1. upon receipt of certification from CITY and
writtfn verification from the State of California that the
conditions of section Al of this Agreement have been satisfied,
COUNTY will pav to CITY the anount of Six Thousand four Hundred
Thirteen and 21/100 Dollars ($6,413.21) as reimbursenent for
the purchase of that right of way which was to have been fur-
nished by COUNTY under the . terva of the hereinbefore rentioned
Resolution 4981-1.
such time as required bY the State of
California for the construction of the overcrossing in connec-
tion with the interchange at the connection of Rohnert Park
Expressway with State Highway Route 101, COUNTY will furnish
to said State of California an amount equal to the cost Of
the norBal construction v ch would he required for the local
roadway if the Freeway were not in existence. Such sum is to
be paid under the intent and authorization of said Resolution
4987-1.
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Cn GWZRPXL
1. IT IS AUTUALLY UNDEPSTOOD AND AGREED a t
the provisions of Section A and Section B of thi3 Agreement
le effective until an Agreement substantially
shall not becor
in the forn and sCOPe of the attached Exhibit "X" has been
executed by and the State of California.
2. IT IS MUTUALLY UNDERSTOOD AND AIREED that
this Qreement shall be null and void unless the Agreement
described in 1 above is executed by CITV and the State Of
california within one year of execution of this Agreevent.
3. IT IS MUTUALLY UNDERSTOOD AND AGREED by the
parties hereto that the terno of this Agreement supersede
those of any prior agreement between the parties hereto,
entered into in connection with the same subjectr wh1 c'11
nay he in conflict herewith.
4. IT IS MUTUALLY UNDERSTOOD AND AGREED that
this Agreement VAy be amended by mutual consents expressed
in writingr by the parties hereto.
IN WITUE W%m,'EREOF the parties hereto have caused
this re am to be executed by the Chairvan of its Board of
Supervisors or its Mayor, both first thereunto duly authorized,
the provisions of which Agreerent are effective as of the day?
nnnth and year first hersinabove written.
Ap. roved as t?j -For
By
County Comise,
5V
city Attorney
COUNT C" SO
IN
9
e Board of SUPer VISOrs
rk of the Board
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), -Gon -101 13.7' ().7 t;o 1.7 al1.. N
of Gra.vensteL. .iwy. in Rohnert Park
Ci4204 - 255621 Dist. Ref. //4- 0085 -C
HQ Doe. File #119-
AGRI':)? vI � N T
AGREaa-' ', MADE AND "NTERID INTO THIS DAY OF
1969 BY AIN� BETWEEN
AND
CITY OF ROMiERT PARK, a body politic
and a municipal carporation of the
State of California, hereinafter
referred to as "CITY ".
STATE OF CALIFORNIA, acting by and
through its Business and Transportation
Agency, Department of Public Tworks,
Division of Highways, hereinafter
referred to as "STATE ".
WITNESSETH•
WHEREAS, on September 17, 1953, the California. Highway commission adopted
and declared a freeway that portion of State Highway Route 101 between Cotati
and Santa Rosa; and {
k
VMIMEAS, CITY by Resolutions No. 38, dated December 3, X962, and No. 46
dated January 14, 1963; and the County of Sonoma by Resolutions No. 01544 -1
!dated December 27, 1961, and No. 4987 -1 dated January 24, 1963, requested that
STATE provide a new public road connection (Roh ert Park Expressway) to said
Rcute 101 approximately midway between Gravenstein Highway interchange and
Wilfred Overhead; and
WHEREAS, ry Resolution No. S41, dated February 27, 1963, the California
i.ighway Commission approved said connection, provided CITY and County of Sonc -a
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bear the lump sum cost of construction of the local road which would be required
if the freeway were not in existence and acquire all additional rights of gray
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i`for the overcrossing, connections, and frontage roads outside STATE'S ex sti ng
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said obligations to be the sole responsibility of the
f ree,Yay right of way; ty
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-m. r of Sona�ra whichever has u risdiction over the area in which the
C.' i1 o. County
said public road connection to Route 101 is to be constructed; and
;�� REAS, the aforesaid area required for the proposed public road connectic
�:taiu.ert CITY under Ordinance No. 88,
Annexati.or.
Park Expressway) was annexed by
4 on December 21, 1967; and
WHEREAS) STATE'S plans for said new connection calls for ultimate developmR
four-quadrant cloverleaf interchange, but present traffic demands does not
of a four - q
lwarrant carnpletion of the full interchange at this time; and
+; ere constructed
wKEgEAS, the two northbound ramps w under STATE'S construct
construction of the second stag
'�; con�ract No. 255b1�,
and now STATE contemplates
+� de for the two southbound ramps; and
i1 "o prove
!I jointly �rticipat
ij VrtREAS, CITY and STATE mutually desire to cooperate and j
U herein the term and
jin providing the two southbound ramps and desire to specify
f are to be acquired, conveyed,
and financed .
liconditions under which rights o_ way
NOW, THEREFORE, in consideration of the covenants and conditions herein
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4contained, the parties hereto agree as follows:
l SECTION I
t
i STATE AGREES: I
d appurtenances
To construct the two southbound ramps an hereinbe� ore
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�ntioned, through construction by contracts) with construction contractors
., rrc
'licensed by the State of California, said contract(s) to be carried out in
I1 said work to
ce of such work,
STATE in performan
accordance with maws governing and to the
itto cor,pleted in conformity with plans a d specifications of STATE,
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�< <atisfactiori and approval. of CITY.
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as
2.) To bear the entire expense of preparation of plans and specificstions
and t;,e construction engineering cost (including assessments for indirect
charges at the current rate) and construction costs required to complete the
im-orovement referred to herein.
3.) To make all necessary arrangements with the owners of public or
urivate utilities for the removal and /or relocation of all utility facilities
I
which could conflict with the aforesaid construction, in
accordance with
a niicable law or Master Contracts in 'effect with respective utility owners,
p.
and to prepare the necessary notices to relocate and Utility Agreements and to
inspect the required utility relocation, work, with the costs to be borne by
!CITY as set forth hereinafter in Section II, Article (1).
i
.) If applicable, to credit CITY with fifty percent OW of the actual
!cost
s to CITY for acquiring any utility ea sement(s) required for the proposed
{.public road connection, the said credit to be determined upon presentation !
by CITY to STATE of a detailed statement of the total costs incurred by CITY
j
i'. for said utility easements
si 5.), To furnish CITY, upon completion of the removal and/or relocation of
:jali conflicting utilities and all work incident thereto, with a detailed
construction engineering and utility
statement in
of preliminary engeering, {
ilrelocation costs to be borne by CITY (less the aforesaid credit, i an as
0
i' Article (4) ) and to refund to CITY any
4 p
rovided hereinbefore in this Section,
li1
amount of CITY'S deposited
! z'unds remaining, after total actual costs to be borne
'by CITY have been deducted.
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1 6.) To accept, upon presentation by CITY, conveyance of all right, title
"or interest in and to those areas delineated on Exhibit "A ", which by attachment
;;and reference hereto is made a part of this Agreement.
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1.
Pit, to tills A.- ment;
ursua ee
7. To rain,�-ain as constructed all improvement's p
hicii lie within !h
STATE'S proposed right of way, except the existing 21-inc
isar,itary sewer facilities within STATE'S proposed right of way to be maintained
i0y %I-LY as set forth hereinafter in Section II, Article (7).
SECTION 11
�CITY AG-R�Z::5:
To deposit with STATE, pronptl,)r upon execution of this Agreement and
'upon receipt of billing therefor, an amount of $41,200, which figure represents
A
�S,T"127_'S estimate of CITY'S share of removal and/or relocation of utilities
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,ecessitated by STATE'S construction project, plus the amoun t to cover STATE'S
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rel jm4 ary and construction engineering,'IeSS the aforesaid credit provided for
ic in
in Section j., Article (4). The actual cost to be borne by CITY
will be determined upon completion of all removal and/or relocation of utilities
and shall be computed as follows:
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(a) utility Relocation Costs: CITY'S financial obligation for removal
and/or relocation of utilities shall be I the amount paid by STATE to owners
of -oublic or private utilities, said payment to be made in accordance with
applicable law or Master Contracts in effect with respective utility owners
less the credit to CITY for 50% of the cost of any utility easement(s),
acquired by CITY. CITY'S share of said relocation costs is estimated to be
$33,200.
(b) Preliminary and Construction Engineering Costs. To -the aforesaid
final utility relocation cost (as set *forth hereinbefore in th is Section,
Article L
(l), Subparagraph (a)) will be added a surcharge of 24% to cover
preliminary and construction engineering costs (including assessments for
indirect charges to be made at current rates). CITY'S share of said
engineering is estimated to be $8,,000.
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2.) To pay STA-, promptly, upon receipt of a detailed statement therefor,
any aount over and above the aforesaid deposit required to complete CITY'S
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share of financing pursuant to this Agreement.
3.) To acquire, at tree sole expense -' CiT�I, fee title to all additional
rights of way required for aforesaid new public road connection (RoY.rert Park
"A" to clear said rights of way of all
Expressway) as delineated on Exhibit � ,
substructions above or below ground which could conflict with constriction,
;;except
be
for removal and /or relocation of conflicting utilities which will
handled by STATE, as provided hereinbefore in Section i, Article (3); and to
LC ;;convey to STATE, at no expense to STATE, fee title to said rights of way as
l! "delineated on Exhibit "A" prior to November 1, !969, or to x�arr°.ish evidence to
m
�2 �_h.� in a form satisfactory to STATE, that condermation proceeding invo�van�; ,
a -y na uired parcel have been filed, and to secure, pr for to ovember 1, 1909,
:,� , a��y u�. cq P i
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14 all necessary court orders for immediate possession of any unacquiaed parcel,
ii ssible ail court
L5 ;ar.d to prosecute to completion, as soon thereafter as po ,
?6 {proceedings for the acquisition of parcels involved.
a i
i; all rights I
i7 ;! 4.) To secure, prior to said. date of November 1, 1;69,
is ;jnecessary to permit STATE'S contractor(s) to enter and construct on those
c
?9 ;;private lands outside STATE'S proposed right of way, as delineated on Exhibit
2c3 '�A ", where it is necessary to obliterate a portion of existing road and to
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21 �'rerzve an existing drainage pipe, and to certify to STATE on or before
22 � diuvember 1, 1369,
that such permits to enter and construct have been obtained.
23 3i 5.) That execution of this Agreement by CITY constitutes CITY'S
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24 11 authorization to STATE to enter upon. portions of the westerly f�°ontage road }
sr
se of STATE'S constractor.$)
X23 right of way as delineated on Exhibit "A" for the Purpo i
26 to perform work outside STATE'S proposed right of way.
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by
��-,on Of all utj_llty
T furnish STATE upon acquisition TO
a
o
utility rel detajlec
ocations referred applicable, for said t
ed
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--,ty
for said utility eclsel'"en"
o
3 S-.F.-temen t f ;he entire costs to CITY
A is Preemcnt-
d to CITY pursuant to this g
cent (5QP�) of which is to be credited
To accept any and all liability and responsibility for maintenance an(
6 operation of all iMP-0 vements constructed pursuant to this Agreement outside
sanitary sewer
g trje existing 21-inch sani'Ll
ig�,-jt of way including STATE'S Proposed
f way and to make no claim against
8 rc-*ji—;es within STAT -E
S proposed right 0
.4. L. -
aintenance.
or. off expense of such
r
STATE' for any POr-�-i
-' facilities Will be
21-inch sewer
facilities D That the maintenance access to
rce Boulevard's nOrthDOun'!
to the facilities 'via COMM—'
J-1. ,restricted to walking
Shoulders by 1
parking of maintenance vehicles on the northbo'Lmd
ramp's Shou
12 rair,2s or P
to said
0errtioa or access
that maintenance at maintenance ,,
13 i,Encroacluneent- Permit only, and
access to
lanes.
11 sewer facilities will be frOIAT, the f reewaY
nt upon CITY'S ca=j -Iiazice with
r Ze
Shall be contir
xo isaid sewer facilities; however
1 use Agreent to be issued
nt to con =
set forth in a consent
=10
,1all provisions to be
by STATE
to
ponsibilitY for any d8za-3e I
re s
v and all liability ar
9.) -0 accept any
ng from CITYv5 21-inch san�tary sever facilities
19 i i
highway facilities resulting
sewer facilities.
PeratiOns on
20 from CIT-YIS maintenance 01-
21 SECTION III "Y officer or employee
neither STATE nor
22 IT IS uNDERSTOOD AND AGREED that
e or ljs�Djl4ty occurrirz
L g, by reason of
responsible for any dsmag
23 ,t-creof Shall be res
c 4 on with any work
CITY under or in connection omitted to be done by C
2,,k 1�arything done or omiJ L
U
is also
under this AgreemeTnt. It
25 JauL;Ilority or jurisdiction delegated to C I
Code Section 89 mil" .4, 1TY
verw,
,: -,.L.,derstood and agree d that, pursuant to C-z, nent
26
27 ,hall ally iademnif y and. ho-1 STATE har ml
ess
from any liability 41sed for
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ins s� (as defined by GovernMcrt :ode Section 810.8) occurring by reason of
any ; hLn,,: done or omitted to be done by CITY under or in connection with any
work, auth.Ority or jurisdiction delegated to CITY under this Agreer:�--nt .
IT IS UNDERSTOOD AND AGREED that neither CITY nor any officer or employee
whereof, is responsible for any damage or,liability occurring by reason of
anything done Or omitted to be done by STATE under or in connection with any
It
WO-7- authority or jurisdiction not delegated to CITY under this Agreement. L
is also understood and agreed that, purSUant to Government Code Section 895.41
STATE, shall fully i.nde- maiify and hold CITY harmless from any liability ir-,
.Posed
for injury (as defined by Government Code Section 810.8 oce by reason
of anything done or omitted to be done by STAIL under or in connection with
any work, authority or jurisdiction not delegated to CITY under this Agreement.
SECTION IV
IT IS IILITUALLY UNDERSTOOD AND AGREED that should CITY finance any POr-ion
of the project with Federal Funds or State Gas Tax Funds, all applicable
procedures and policies relating to the use of such funds shall apply.,
i
notwithstanding other provisions of this Agreement.
SECTION V
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ij IT IS NUTUALLY U.OERSTOOD Ai�+� AG:Z. D that construction by STATE of
improvements referred to here--- in is contingent upon the allo =anon of funds
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ill the California - jighway Commission.
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SECTION VI
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E IT IS y,'-O'TUALLY U1�2T?ERSTOOD AND AGREED that STATE'S scheduling Qf this
ip-roject for bid advertisement shall be contingent upon CITY'S acquisition of
s
r*ghts of way, easements and /or permits to enter and construct, and cleara:ce
1, `rereof being certified prior to such advertisement, as defined hereinbefore
i':in Section IT, Articles (3) and (4).
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SECTION VII
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2 'fj IT IS :�NTUALLY UNDERSTOOD AN AGREED that CITY shall pay STATE the li mP
3 ` sup Fount that it would cost for construction. of a local road which. would be
A T � �, °
z� >quired if the freeway were not in existence Prior to ad.ve
r�isefon o� S. +ter. S
5 y
construct ion contract
for construction of the proposed Rviier� Rank Expressway
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G Ovcrcrossin<; with the teems and conditions to be stipulated in a separate
7 t;reement to be entered into between CITY and STATE.
8 IT r' c LEER 1,'DMS``'OOD AIND AGREED that provisions covering STATE
°S
i
a d and CITY'S obligation to acquire and {
g 4' comoletdon of the westerly frontag e roa
I 0 ;clear all right of way required for the said completion o� the westerly
frontage
�s
y unlit relocation cost and additional. maintenance
11 �;froad, an remaining Y
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12 !;responsibilities shall be stipulated in a subsequent Agrees�ent between %he CITY
}
13 ]!and STATE.
yf ,
14 SECTION VIII
- IS MUTUALLY UNDERSTOOD AND AGREED that details delineated or. attached
iT
16 i!Exhibit "A" are not conclusive and in no way shall be construed to indicate the
be accomplished pursuant to this Agreement. Said
17 i in€'s. product of work to
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h which rights
1S Exhibit is attached 'Hereto to generally define the areas through
'i �
19 of ttiay are to be acquired and improvements constructed and is subordinate to
sisal or right of wa record maps and final
20 ,;details to be shown on final app y
E, of work to
2i construction plans, which plans shah be conclusive as to the scope
22 �ibe accomplished hereunder.
23 SECTION IX i
T `'TODD Pa�'D AGREED 2at CITY will continue to maintain
24 IT IS MUTUALLY UNDE-11S !
L STATE'S ropo
sed easterly
25 j; L' he existing ditches and 30 -foot easements ad,�aeer�ti to p
26 "iri' ht of way, which wez'`° constructed under STATE'S construction contract
g !
xhibit °'A°
27 too. 255614, as delineated. on E
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/ SECT ION, X
on CITY'S frontage road
er-isement shall be contingent up
le-ed and/or
Unit 1) being com- K,
the frontage road open to traffic-
Ij� W-rj'�LSS '�qTdIEOF, the parties hereto have caused this AgreeT,,ent to be
provisions of Vh c "a
1executed by their respective officers duly authorized, the
e day.. month and year first hereinabove wr-"
;A6reement are effective as of tb
CITY OF ROID;ERT PARK
E OF CA FORNIIA
"Depart.-,2nt of Public Works.
;'..-visjon of Highways
By
Mayor
State Highway Engineer
Engineer
District
p�- ED AS TO FOR14
I7
City A*�r=^
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