HomeMy WebLinkAbout68-049RESOLUTION N0. 68-49
Adopted by the Butte County Board of Supervisors
on date of April 9, 1968
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE:
That the Chairman of the Board is hereby authorized and
directed to execute on behalf of the County of Butte an agreement
between the County of Butte and the State of California,
Division of Highways, for the repair of drainage ditch slope
erosion adjacent to Route 99 north of Chico, between Lassen
Avenue and Eaton Road.
CHAIRMAN, OARD 0~ RVISORS
ATTEST' JESSIE ROGERS, COUt3TY CLERK
DEP
COOPERATNE AGREEMENT
THIS AGREEMENT, made and entered into this
day of , 1968, by and bet~~reen the State
of California, acting by and through the Department of Public
Words, Division of Highways, hereinafter called the State, and
the County of }3utte, a political subdivision, hereinafter
called the County,
W I T N E S S E T N
WHEREAS, in accordance with the provisions o_ a
Cooperative Agreement made and entered into by and betw•reer~ the
State and the CotuZty on the 6th day of July, lgo'4, +he State
contracted for and caused to be completed several drainage
ditches ,• and
t~IHEREAS, subsequent to construction the~•eof, the :'rest
slope of the drainage ditch between Lassen Avenue and Eaton
Road and adjacent to State Highway gg, hereinafter called the
Freeway, was eroded by surface drainage water from the t{reeway;
and
WHEREAS, the State assumes responsibility for corre'c-
tion of this erosion and the cause thereof; and
t+rHEREAS, the State has caused to be corrected the cause
of the erosion herein described.•
NOW THEREFORE, it is agxeed as follows:
R, / _
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Article Y
County agrees:
1, To correct the locations of major erosion of the
slope of the drainage ditch previously referenced by replacing
the eroded material with material suitable fo-r the purpose.
2. To keep accurate records of the actual cost of
this urork.
3. To submit, in triplicate, a billing to the State
for compensation for the vrork described herein.
4. To keep the State informed as to the scheduling of
this work sa that the State may arrange such inspection, if
any, as it deems proper.
5. To hold the State and its officers, agents, and
employees harmless from a,ll claims for injuries as defined in
Government Code Section 810.8, resulting from any act or omis-
sion of the County, or the servants, agen'[:s, or employees of
the County in the conduct of work to be performed pursuant to
this Agreement.
6. To accept as full payment the limited sum of One
Thousand Five Hundred Z7o11ars {$1,500:00), in the event that
the actual cost billed exceeds this amount.
7. To accept the payment herein provided as payment
in full and to submit no further claim for damages of any kind
resulting from the cause herein described.
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8. To assume maintenance of the drainage ditches in
accordance with Article II, Section 6, of the previous Coopera-
tive Agreement, herein referenced, as of the day above first
written.
State agrees:
1. To promptly pay to the County the full cost of the
work described herein subject to the limitation of Article I,
Section 6, and subject to such audits as the State shall deem
proper.
IN WITNESS WHEREOF, the parties hereunto have set their
hands and seals the day above first written.
STATE 0~' CALIFORNIA
Department of Public Works
Approved as to Form and J. A. LEGARRA
Procedure State Highway Engineer
By
Attorney, Department of Deputy State Highway Engineer
Public Works
Approved: COUNTY OF BUTTE
District Engineer By Cd°`:~ ~,' -~.
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