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1967-553 RESOLUTION NO. 67R- 553 ..- 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. _;r~.' "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. -1- _ .4 -...-.., "SECTION II. "-.....,, "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 -2- p, - - ,-...., 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. ~~ ATTEST: ~ ~R' I lilt. "C.--c.......J .' ~--- 61'. cr 0; ANABErM 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. ~ (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 -3- -