HomeMy WebLinkAbout01253 - TAHQUITZ CANYON PARK JOINT POWERS AGR Tahquitz Canyon Park - 2nd
amendment to Joint Powers
Agreement
AGREEMENT #1253
1 R16033, 10-15-86
SECOND AMENDMENT TO JOINT POWERS .,�,.�".�.,. -- - -
2 TAHQUITZ REGIONAL PARK
3 That certain Joint Powers Agreement effective August 31 , 1976, a copy
f which is attached hereto as Exhibit "A" and made a part hereof, which was
4 igned and approved by the City of Palm Springs on August 18, 1976, and the
ounty of Riverside on August 31 , 1976, and subsequently amended August 22,
5 1977 is hereby further amended as follows:
6 1. The third paragraph of Section i (Lines 17 through 23, inclusive, on
age 1) of the Agreement is changed to read:
7
A parcel of land which will compromises a portion of said regional park
8 s one in which the County of Riverside owns fee title. Said parcel is more
articularly described as follows:
9
Being the west half of the southwest quarter of the
10 northeast quarter of Section 22, Township 4 South,
Range 4 East, San Bernardino Meridian, Riverside
11 County, California.
12 Excepting therefrom that portion of the west half of
the southwest quarter of the northeast quarter of
13 said Section 22 lying northerly of the southerly line
of that certain 20.0 foot wide strip of land, the
14 certerline of said 20.00 foot strip of land being
described as follows: x_
15
Beginning at a point on the East line of the
16 West one-half of the Southwest one-quarter of
the Northeast one-quarter of Section 22,
17 Township 4 South, Range 4 East, San Bernardino
Base and Meridian lying 424.19 feet North of the
18 Southeast corner thereof, said point being the
intersection of the said East line and a curved
19 line with a radius of 60.00 feet and to which
point a radial lien bears North 070 51 ' 57"
20 East, thence Southwesterly along said curve
through a central angle of 290 30' 28" an arc
21 distance of 30.90 feet; thence South 680 21 '
29" West tangent to the preceding course 323.19
22 feet; thence South 630 35 ' 50" West 362.71
feet to a point on the West line of said West
23 one-half of the Southwest one-quarter of the
Northeast one-quarter lying 138.21 feet North of
24 the Southwest corner thereof.
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2. All other provisions of this Agreement remain the same.
2
COUNTY OF RIVE-IDE CITY OF PALM SPRINGS
4
gy �e�-- By 'G Gnu✓ 01,/
5 airman, Bo Supervisors
6 ATTESTED: J9 IN i B 147 ATTESTED:
7 Gerald A. Maloney-
Clerk of the Board
8
9
By BY
10 Devulty Deputy City C erk
11
(SEAL) (SEAL)
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13
�14ROVED ,S TO FfVl
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FORM APPROVED �
COUNTY COUNSEL
151 / Ciiy Aticrney C
F9 !� ;
nv
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18 APPROVED BY THE CITY COUNCIL
19 BYRES. NO.
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JH:jm �°
JUN /jigv
I City Clerk Copy
Oounty-City joint powers agr
for oper & mntnce of Tahq.
I JOINT P(A*1 [?fi /\CRJIL1P91 reg. park,Co has 3/20 int in
Parcel 22, Sec 22.
2 AGREEMENT #1253(Orig 8-31-76)
Res 11900, 8-18-76
3 THIS AGREEMENT is entered into pursuant to the provisions
4 of Title 1 , Division 7, Chapter 5 , Article 1 (Section 6500 et seq.)
i
5 of the California Government Code , relating to joint exercise of
6 powers , among the COUNTY OF RIVERSIDE , herein called "County"
7 and the CITY OF PALM SPRINGS , herein called "City. "
8 1. RECITALS
g It is to the mutual benefit and in the public interest
10 of County and City to join together to establish this Joint
11 i Powers Agreement to accomplish the purposes hereinafter set
12 forth.
13 The City proposes to operate and maintain a regional
14 park which will run through the heart of the City of Palm Springs
15 from the base of San Jacinto Mountains on the west to the White-
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16 water Wash on the east.
17 A parcel of land which will comprise a portion of said
18 regional park is one in which County will have an approximate
19 3/20 undivided interest, said parcel being described as follows ,
L0 The Southwest quarter of the Northeast- quarter of
Section 22 , Township 4 South, Range 4 East, San
21 Bernardino Base and Meridian in the City of
Palm Springs , County of Riverside, ,State of California.
22 Excepting therefrom the Southeast quarter of the
Southwest quarter of the Northeast quarter of said
23 Section 22 .
24 County and City have the common power to operate and
2i maintain regional parks such as the one referred to hereinabove ,
26 and County and City are desirous of having City undertake the
27 responsibility of operating and maintaining this one which will
28 be within its boundaries .
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I J. . PURL'OSE. D- !aIiall h1 Lhe purpose or Llie I,,irtics
2 to this agreement to make available to use and enjoyment by the
3 public the regional park referred to , with City having the sole
4 responsibility for direct operation and maintenance thereof.
5 3 . SCOPE OF SERVICES. City shall assume full responsi-
6 bility for operating and maintaining the regional park referred to ,
7 including the parcel above described and any other parcels within
8 said park in which County may have full or partial property
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9 interest. City shall do so at no further expense to County e=ept
10 in those respects in which County by future action expressly
11 agrees to undertake or share costs or expenses of whatever nature .
12 4 . TERM_ The term of this agreement- shall be for an
13 initial period of 20 years commencing as soon as executed by
14 both parties , and continuing thereafter on a year to year basis
15 until and unless terminated as provided in paragraph 5 Herein.
16 5. TERMINATION.
17 A. Either party may terminate this agreement upon
18 one year written notice to the other party.
19 B. Notwithstanding provisions of paragraph 5A to
20 the contrary, County may terminate this agreement in the event
21 City fails to perform the covenants herein contained at such
22 times and in such manner as provided in this agreement. Also ,
23 County may terminate this acfreement in the event there Ls a
24 conflict with any federal , state or local law, ordinance ,
25 regulations or rule rendering any of the provisions of this
26 agreement invalid or untenable .
27 6 . INDEPENDENT CAPACITY . City, and its officers ,
28 employees and agents , shall act in an independent capacity
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1 during Clio term of this agi'ecmcnL and not a .s of. Eicccs , cnq', loyc� s
2 or agents of County.
3 7 . ASSIGNABILITY. City cannot assign any of its
4 rights, duties or obligations pursuant to this agreement to any
5 person or entity without the written consent of County being first,
U obtained.
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9 S . INSURANCE. City shall during the term of this
9 agreement:
10 A. Procure and maintain workmen ' s compensation
11 insurance (including self-insurance if desired) as prescribed by
12 the laws of the State of California .
13 B. Procure and maintain comprehensive bodily
14 injury, liability, automotive bodily injury and property damage
15 liability insurance (including such programs of self-insurance as
16 desired) as shall protect City from claims for damages for
17 personal injury , including accidental and wrongful death, as
18 well as from claims for property damage , which may arise from
19 activities or programs under this agreement , whether_ such
20 activities or programs be by City , by any subcontractor, or by
21 anyone employed directly or indirectly by either of them.
22 9 . HOLD HAMiLESS. City shall hold County, its officers)
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23 agents , employees and independent contractors free and harmless
24 from any liability whatsoever, including wrongful death, based
25 or asserted upon any act or omission of City, its officers , agents,
26 employees , subcontractors and independent contractors , relating
27 to or in anywise connected with or arising from the accomplishment
28 of the services to be performed hereunder, and City shall defend
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1 at. il.s expense, including aLLorncy Lees , County, ins orricers ,
2 agents , employees and independent contractors in any legal
3 action based upon such alleged acts or omissions.
4 10 . CHANGES AND MODIFICATIONS_ This agreement may be
5 changed or modified only upon the written consent of the parties
6 hereto.
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7 Dated: AUG 3 1 1976 1976 .
B COUNTY OF RIVERSIDE CITY OF PALM SPRINGS
9 P°
.�d�, .I_ _ r ✓
man,�o
Choi On, o f Supervisors Richard J'. Smit , Acting
1 1 City ManacLe,R-"
12 ATTEST: ATTEST:
13 DONALD D. SULLIVAN , Clerk
14 By
15 Dephty Deputy City Clerk
16 (Seal) (Seal)
17 APPROVED BY THE CITY COUNCIL
BY RES. NO. 11900, 8-10--76
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2.1
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2a
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25
t=oozm pWPltovEu
26 Ray T. Sullivan,Jr., Co. Counsel
AUG h 1976
27
By
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R E S O L U T I O N
BE IT RESOLVED by the Board of Supervisors of the County of Riverside,
State of California, in regular session assembled on ... ..... . August...31.,-1976 ..... .
that the Chairman of this Board is authorized and directed to execute on behalf
Joint Powers Agreemen Au ,ust 31 1976
of said County of Riverside the .. ..... ....... . . . . ............. ............... a ed...... ..... .g . . . ..... ...... . ,
between said County and ...... Clty.,.of_.Palm.,,Spr,ings ... . ..... . ..................................... ..........
... .................... ...........................................................I..............I......... . ..
providing for: the operation and maintenance of a 3/20 interest in
a 22—acre parcel of land in Tahquitz Canyon Park.
Roll Call resulted as . follows:
Ayes: Jones, Record, McCandless, Younglove and Schroeder
Noes : None
Absent: None
The foregoing is certified to be a true copy of a resolution duly
adopted by said Board of Supervisors on the date therein set forth.
DONALD D. SULLIVAN, Clerk of said Board
By
Deputy
(SEAL)
Form 433
i
41 Board of Super*ors County of Riverside
1 AMENDMENT TO JOINT POWERS AGREEMENT
FOR THE OPERATION AND MAINTENANCE OF
2 TAHQUITZ CANYON PARK
3 This amendment shall modify and amend that certain Joint
Powers Agreement dated August 31 , 1976 , between the County of
4 Riverside and the City of Palm Springs (owners ) to be effective on
and after August 22 , 1977 , as follows :
5 1 . The legal description delineating the County ' s 3120
undivided interest shall be amended as follows : The following
6
described real estate and premises situated in Riverside County,
7 State of California , on the Agua Caliente Indian Reservation , to wit :
The Northeast quarter of the Southwest quarter of
8 the Northeast quarter and the West one-half of the
Southwest quarter of the Northeast quarter of
9 Section 22 , Township 4 South , Range 4 East, San
Bernardino Meridian , Riverside County , California . '
l0 Excepting therefrom that portion of the West half
11 of the Southwest quarter of the Northeast quarter
of said Section 22 lying Southerly of the Northerly
12 line of that certain 20. 00 foot wide strip of land,
the certerline of said 20. 00 foot' strip of land
13 being described as follows :
Beginning at a point on the East line of the
14 West one-half of the Southwest one-quarter of
the Northeast one-quarter of Section 22 , Town-
15 ship 4 South, Range 4 East, San Bernardino Base
and Meridian lying 424. 19 feet North of the
16 ' Southeast corner thereof, said point being the
intersection of the said East line and a curved
17 line with a radius of 60. 00 feet a8d to which
18 point a radial line bears North 07 51 ' 57" East,
thence Southwesterly along said curve through a
central angle of 29 30'28" n arc distance of
19 30. 90 feet ; thence South 68$21 ' 29" West tangent
20 to the p&eceding course 323 . 19 feet; thence
South 63 35 '50" West 362 . 71 feet to a point on
21 the West line of said West one-half of the
Southwest one-quarter of the Northeast one-
22 quarter lying 138 . 21 feet North of the South-
west corner thereof.
23 CITY OF PALM SPRINGS COUNT F RIVE
24 BY/ By /
�v DONALD A. BLUBAUGH Clfairman fibf the Board of uper-
25 ty Manager visors
ATTE (� ATTEST :
26 eputy City C erl—lc — Donald [) .,,Sullivan , Clerk
27
BY 1,•
FORM APPROVED
28 Ray T. sumvan.Jr., Co.CounW Dc�p u ty
jm SEP 71977
e ' '
AnISLAt
Board of Supervisors County of Riverside
1 AMENDMENT TO JOINT POWERS AGREEMENT
FOR THE OPERATION AND MAINTENANCE OF
2 TAHQUITZ CANYON PARK
3 This amendment shall modify and amend that certain Joint
Powers Agreement dated August 31 , 1976 , between the County of
4 Riverside and the City Of Palm Springs (owners ) to be effective on
and after August 22 , 1977 , as follows :
5 1 . The legal description delineating the County ' s 3/20
undivided interest shall be amended as follows : The following
6
described real estate and premises situated in Riverside County ,
7 State of California , on the Agua Caliente Indian Reservation , to wit :
The Northeast quarter of the Southwest quarter of
8 the Northeast quarter and the West one-half of the
Southwest quarter of the Northeast quarter of
9 Section 22 , Township 4 South , Range 4 East , San
Bernardino Meridian , Riverside County , California .
10 Excepting therefrom that portion of the West half
11 of the Southwest quarter of the Northeast quarter
of said Section 22 lying Southerly of the Northerly
12 line of that certain 20 . 00 foot wide strip of land ,
the certerline of said 20 . 00 foot strip of land
13 being described as follows :
Beginning at a point on the East line of the
14 West one-half of the Southwest one-quarter of
the Northeast one-quarter of Section 22 , Town-
15 ship 4 South , Range 4 East , San Bernardino Base
and Meridian lying 424 . 19 feet North of the
16 Southeast corner thereof , said point being the
intersection of the said East line and a curved
17 line with a radius of 60 . 00 feet a 0 d to which
point a radial line bears North 07 51 ' 57" East ,
18 thence Southwesterly along said curve through a
central angle of 29 30 ' 28" $n arc distance of
19 30 . 90 feet ; thence South 68 21 ' 29" West tangent
to the p6eceding course 323 . 19 feet ; thence
20 South 63 35 ' 50" West 362 . 71 feet to a point on
the West line of said West one-half of the
21
Southwest one-quarter of the Northeast one-
22 quarter lying 138 . 21 feet North of the South-
west corner thereof .
23 CITY &F PAL/M� SPRING$, COUNTY F RIVERS zP
By
24
I-DONALD A. BLUBAUGH Chairman of the Board oT--'Super-
25 City—Manager visors
ATTEST��" ATTEST :
26 Donald D� Sullivan , Clerk
IDe�uty City Clerk _
27 FORM AF-PAOWZa By
Ray T. Sullivan,Jr.,Co.CoUMI ,'Deputy
DW : jm 28 SEIP 7 1977
Byr.i, All P C'IF"`:i@r F.:D '* ''O C �``r �,, l ', ',: I. '?•w '"
�1Ass�stdbt �a, rn- :c , .,
Cs7 tip.. °
7__.✓
F.
R E S O L U T I O N
BE IT RESOLVED by the Board of Supervisors of the County of Riverside,
State of California, in regular session assembled on ., September. .13......T.977. ........
that the Chairman of this Board is authorized and directed to execute on behalf
Amendment to Joint
of said County of Riverside the .Powers, Agreement...... .dated.. ..SeptembeX'...13., . �977
between said County and....the..City. .of...Palm...Springs........... .............. ............. . . ....... ... .
.. . . ... ... ......... . . .. ........ . ........................... ... .. .... ... . ....
providing for: the operation and maintenance of Tahquitz Canyon Park.
Roll Call resulted as follows:
Ayes: Abraham, Record, McCandless, Younglove and Schroeder
Noes: None
Absent: None
The foregoing is certified to be a true copy of a resolution duly
adopted by said Board of Supervisors on the date therein set forth.
DONALD D. SULLIVAN, Clerk of said Board
a-
Bv -�'/—
%% Deputy
(SEAL)
8 b 3
F on» 433