1967-553
RESOLUTION NO. 67R- 553
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING ~D AUTHORIZING
THE EXECUTION OF A COOPERAT~VE AGREEMENT
BETWEEN THE STATE OF CALIFO~IA, THE CITY
OF ANAHEIM AND THE COUNTY or ORANGE WITH
REFERENCE TO LANDSCAPING AND MAINTENANCE
OF LANDSCAPING ON CERTAIN EMBANKMENT SLOPES.
WHEREAS, the State of California in conjunction with
the construction of the Riverside Fre~way has provided additional
rights of way for Sunkist street, La Pa1ma Avenue, Jefferson
Street and Batavia Street and has reconstructed them on embank-
ments as they approach the freeway overcrossings; and
WHEREAS, the State proposes to landscape the Riverside
Freeway between Placentia Avenue and the Newport Freeway at some
future date; and
WHEREAS, the State now progoses to relinquish to the
City of Anaheim and the County of Or~nge, in conformance with the
Freeway Agreements, collateral roads including embankment slopes
constructed in the approaches to the overcrossings of said free-
way at Sunkist street, La Palma Avenue, Jefferson Street and
Batavia Street; and
WHEREAS, the City of Anaheim desires that the embankment
slopes be landscaped at the time the freeway is landscaped and is
willing to accept and maintain the landscaping on said embankment
slopes; and
WHEREAS, the State is willing to landscape the embank-
ment slopes provided that the City will accept and maintain land-
scaping on said embankment slopes; amd
WHEREAS, the State, the Co~ty and the City desire to
enter into a cooperative agreement ptoviding for future land-
scaping of said embankment slopes ana the maintenance thereof;
and
WHEREAS, a form of cooperative agreement, designated
"Agreement No. 3042," has been submitted to the City by the State
to be made and entered into between the parties, the terms and
conditions of which the City Council finds to be satisfactory,
and that the same should be approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the cooperative agreement, designated
"Agreement No. 3042," submitted to the City by the State of
California to be made and entered into between the State of
California, the City of Anaheim, and the County of Orange, pro-
viding as follows:
"SECTION 1.
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"STATE AGREES:
At no cost to CITY, to inQlude landscaping of the
embankment slopes equivalent to tha~ planned for the adjacent
sections of the freeway, in STATE'S future freeway landscape
contract.
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"SECTION II.
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"CITY AGREES:
(1) To accept relinquishme~t of portions of Sunkist
Street, La Palma Avenue, Jefferson St~eet and Batavia Street
in accordance with Section 73 of the ~treets and Highways Code,
prior to STATE'S contract for landsca~ing the embankment slopes.
(2) At no cost to STATE, to maintain the landscaping
upon completion and acceptance of the landscape contract by
STATE .
"SECTION III.
I1COUNTY AGREES:
(1) To allow CITY to provide at CITY'S expense, the
maintenance of portions of said lands~aping on the approach slopes
to the La Palma Overcrossing which are located in the unincorpo-
rated area under the jurisdiction of ~OUNTY.
(2) To accept relinquishme~t of portions of La Palma
Avenue in accordance with Section 73 ~f the Streets and Highways
Code, prior to STATE'S contract for landscaping the embankment
slopes.
"SECTION IV:
.. IT IS MUTUALLY UNDERSTOOD AND AGREED:
(1) That if CITY desires to landscape the slopes prior
to STATE'S landscape project CITY may do so, and on approval of
the plans by STATE, STATE will contribute the actual cost up to,
but not more than $9,000 per acre lan~scaped. Said contribution
by STATE to be paid on completion of the project by CITY and to
include costs for plantings, irrigation systems, design and
construction engineering, administration and overhead cost for
the actual work involved.
(2) That neither STATE nor any officer or employee
thereof shall be responsible for any damage or liability
occurring by reason of anything done or omitted to be done by
CITY under or in connection with any work, authority or juriS-
diction delegated to CITY under this Agreement. It is also under-
stood and agreed that, pursuant to Government Code Section 895.4,
CITY shall fully indemnify and hold STATE harmless from any
liability imposed for injury (as defined by Government Code Sec-
tion 810.8) occurring by reason of anything done or omitted to
be done by CITY under or in connection with any work, authority
or jurisdiction delegated to CITY under this Agreement.
(3) That neither CITY nor any officer or employee
thereof, 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 work, authority or jurisdiction not
delegated to CITY under this Agreement. It is also understood
and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully indemnify and hold CITY harmless from any
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liability imposed for injury (as defin~d by Government Code
Section 810.8) occurring by reason of anything done or omitted
to be done by STATE under or in connection with any work,
authority or jurisdiction not delegated to CITY under this
Agreement.
(4) The obligations of the parties under this Agree-
ment are contingent upon the budgeting of the necessary fUnds
for the project by STATE."
be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor and City Clerk
be, and they are hereby authorized to execute said agreement for
and on behalf of the City of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by me
this 26th day of September, 1967.
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ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF ORABGE ) ss.
CITY OF ANAHEIM )
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 67R-553 was introduced
and adopted at a regular meeting, provided by law, of the City Council
of the City of Anaheim, held on the 26th day of September, 1967, by
the following vote of the members thereof:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Chandler and Pebley
None
Krein and Schutte
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 67R-S53 on the 26th day of Sep-
tember, 1967.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim, this 26th day of September,1967.
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(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the 6r~ginal of Resolution No.67R-553
duly passed and adopted by the Anah~' ~YCOUnCi1 on,sep~ember 26, 1967.
_~ Iff. ~,
City Clerk
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