The URL can be used to link to this page

Home My WebLink AboutA6861 - PSUSD - TEMP CONSTRUCTION AGR RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT The following right-of-entry and temporary construction agreement is by and between the City of Palm Springs, a California charter city and municipal corporation. (hereinafter referred to as "City"), and the Palm Springs Unified School District, a public school district of the state of California ("District") (herein referred to as "Grantor"), for the sole purpose of allowing the City to perform off-site grading to accommodate construction of street and storm drainage improvements associated with the Hermosa Drive Street & Storm Drainage Improvements, City Project No. 09-04, (the "Project"). 1. The right is hereby granted to City to enter upon and use the real property of Grantor located in the City of Palm Springs, County of Riverside, State of California, identified by Assessor's Parcel Number 508-100-057, located at 1300 E. Baristo Road, Palm Springs, CA 92262, (hereinafter referred to as "Property"), more further described as follows: The Southwest Quarter of the Northeast Quarter of the Southeast Quarter of Section 14, Township 4 South, Range 4 East, San Bernardino Meridian, in the City of Palm Springs, County of Riverside, State of California. Excluding therefrom that portion of said Southwest Quarter of the Northeast Quarter of the Southeast Quarter of Section 14, described as follows: Beginning at the Southeast corner of said Southwest Quarter of the Northeast Quarter of the Southeast Quarter; thence Northerly along the Easterly line thereof, a distance of 461.00 feet; thence Westerly, parallel with the South line of said Southwest Quarter of the Northeast Quarter of the Southeast Quarter, a distance of 220.00 feet; thence Southerly, parallel with the Easterly line of said Southwest Quarter of the Northeast Quarter of the Southeast Quarter, a distance of 461.00 feet to the Southerly line of said Southwest Quarter of the Northeast Quarter of the Southeast Quarter; thence Easterly, along said Southerly line, a distance of 220.00 feet to the Point of Beginning. 2. Grantor hereby grants City a right-of-entry and temporary easement necessary to perform off-site grading to accommodate construction of the Project. The extent of off- site grading to be performed on Grantor's Property will be limited to a 2:1 cut slope extending from the existing right-of-way line (located 30 feet from the centerline of Hermosa Drive) approximately 12 feet easterly of the right-of-way line of Hermosa Drive, as shown on Sheets 10, 11 and 12 of the Street Improvement Plans for the Project, attached hereto as Exhibit "A". 3. City agrees in connection with the rights granted herein, to perform all work and complete all construction associated with the Project at no cost to Grantor. 4. The rights herein granted may be exercised from the date of execution of this agreement for a period not to exceed twelve (12) months, unless otherwise extended by written consent of Grantor. 5. A minimum of 2 business days written notice shall be given to Grantor prior to the City's use of the rights herein granted. 6. It is understood that the City may enter upon Property where appropriate or designated for the purpose of constructing the Project. City agrees not to damage the Property in Page 1 of 3 the process of constructing the Project, and in the event damage occurs, City agrees to repair such damage to the satisfaction of Grantor. 7. At the termination of the period of use of the Property by City, but prior to relinquishment of rights granted herein to Grantor, any debris generated by the City's use of the Property will be removed and disposed of, and the Property will be returned in the condition in which it existed prior to the City's use of the Property, with the exception of the 2:1 cut slope extending from the existing right-of-way line onto Grantor's Property constructed by the City for the benefit of the Project. 8. Grantor shall be held harmless from all claims of third persons arising from the City's use of the Property. 9. Grantor hereby warrants that it is the owner of the Property and that Grantor has the legal authority to grant City the rights contained herein. 10. This agreement is the result of negotiations between City and Grantor. This agreement is intended by the parties as a final expression of their understanding with respect to the matters herein and is a complete and exclusive statement of the terms and conditions thereof. 11. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. 12. This agreement supersedes any and all other prior agreements or understandings oral or written, in connection therewith. 13. Grantor, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be jointly and severally liable thereunder. Page 2 of3 Executed this 15th day of June 2016, by and between: CITY OF PALM SPRINGS PALM SPRINGS UNIFIED SCHOOL DISTRICT By: By: LiLiL/G� �s Ali David H. Ready, City Man Signature Brian J. Murray, Ed.D. ATTEST: Printed Name/Title Assistant Superintendent, Business Services James Thompson, City Clerk APPROVED AS TO FORM: By: Dougl Holland, City Attorney APPROVED BY CITY MANAGER ya Page 3 of 3 EXHIBIT "A" I I TII r pp +� coNsrnucnox NDTFs �i _ I + -" •ek. us..rc rcn crvrc wau �I—II}I 7— �- Fay rerova _ I < I � I i, � J• I — s' � .`I I �ws Wco�noFl I __ 1 I .acx � � ` x I I C • ®� F*9 I Ii HAjGH LEGEND xmn�wmw uvpwvxic Co 1 _ 2 s e m n Iz I� I( l 6•G¢ MAICHLINE STA]I60 8P O SHE 14 + 11 SEE CURVE TABLE holl i ram y � I f '�I wTcmu.�.sr TA A anthem - YtU�- cI RiH I. m�mrE• En R E lyewsm .mow o�r< y ?� .$3 2 g�g ,N•�'�•m,• c�mRa CT IIISER 3 E'En! yg� FEDEP/J.PFOIECT NUMBERC.S: piuv5 RN L,L 8 ,m, 3 .�szam E � p �W%[CYAEiE 90 ev �� PALM nI 1 39 CITY OF PAL MUSEUM RS CALIFORNIA AGUAGLIENIECULTURAL MUSEUTAROADAND DWVNAGEPR(UECT 10 _- �.„.... ».""•'�' A"'- "`^ �' .+n+n. ..,. --. .uro STREETIMPROVEMENTPLAN r�. 1" U^^C HERMOSA ORIVEITA 7.1 0TOSTA I2.MW sIO...•. p consraurnoNrrores -_ I I i J I }I T [un[ nw[ crosmc uwiivw l 115 __k F s W Sou XArLXCELENo If wf Imo. I I CO;J I 1 E , xro L.no J1i �-- Ell .ci e�aicow.crm"—".oE I a I Iml �oE __ GL/ t• %0'A9rrY{ PROFILE SGII_E ' - 13 Id vncxrwos fd V 15 !al V ,s 8 N'a^ s F�16 NERMO$x/CRrvE Y77 t- A, t �'a v < / 71 j' o-?R .�,(.Y"" �"_"# ✓—...� x rz .,�f Sew r wM• 1 L--' ^ + ems I .wa'w Jnd 1 22- 7 Itl1 FREE �txrvu.wn Ql L vuiw¢v t CIry PPCIECTNO.ORW rsvSW FEOERV.PRO LT15 BER5: PL HOlC63P9Z(N4) .m. way mrwnrm v�Xx�u�onr+s artn awE nauE 5Pfl4(1133f ces.eu yaw .nms r< �w "' � � CITV OF PALM SPRINGS,CALIFORNIA n`n __ :w...�....-....,.n r 'rrsn •- crw ." - -:,.�......, - --- ""� AGUACALIENiECsIREE IMPROMAMENTPIARA1W1GEPFOJECi - SiREETIMPROVEMENI PLAN --- - d�n HERMOSAORIVF STA t1+01).00TO STA fS+ef.13 ,.aa,.., I o >'- Z I _ sa 211 ti s I — � � ♦ _ �� i � .—r I� I Op sYrs v din HATCHLEGDNO A03, '�' I N� ,ms I- vxF_ cwsnn rcc mrwF+rmvA I aal� �� /wv/cewa',co¢wa..rc. �I� I �PRCFILE SCALE L� I , r _ � �� _ , ••4c• �U aE I I � ®� urw*imrc mrwc warren. jvspr vIT ✓E. ARENAS ROAD O I9 IP 20 wow Rm .. . B d .v.. e TAM+ L--. -- rem- (n+�✓I 14- cuH t_ss _ 1 Imv rA I I I �'p � .r Lwl �G :I o UnJer9u nJCa i [ o� a Cp B00 pE A 9 v� 3 a a �'QS& 4 1 �' Ei LIT'PR0JECTN0.0RS, zn xem E reDeruL PrsPu�roCoeszeWi loizi ®m o HPLUL 483 03J 3• mv� rruv ur uns vawen u,wHs wra .w u mr� CITY CF PALM SPRINGS CALIFCRNIA AGWC lEM CULTUNLMUSEUMROAOANAORAMIAGE70,fET STREETIMPRCVEMENTAN �2 Pf HERMOSAORNE STA 15.8C.13 TO STA 20-2fl00 Page 1 of 1 REGULAR MEETING June 14, 2016 4:00 PM District Office Board Room 980 Tahquitz Canyon Way, Suite 101 Palm Springs, CA CLOSED SESSION - 4:00 PM REGULAR SESSION - 6:00 PM Agenda Item: APPROVAL OF A RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT WITH THE CITY OF PALM SPRINGS (OE-13.1f) Rationale: The City of Palm Springs ("City") is interested in a Right of Entry and Temporary Construction Agreement with Palm Springs Unified School District for the sole purpose of allowing the City to perform off-site grading to accommodate construction of street and storm drainage improvements associated with Hermosa Drive Street located at 1300 E. Baristo Road. Staff is recommending approval of the Governing Board for the Right of Entry and Temporary Construction Agreement with the City and authorization for Brian J. Murray, Ed.D., Assistant Superintendent, Business Services, to execute the agreement. Recommended It is recommended the Governing Board approve a Right of Entry and Motion: Temporary Construction Agreement with the City of Palm Springs as presented. Financial Impact: None Attachments: RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT WITH CITY OF PALM SPRINGS http://palmsprings.agendaonline.net/Secure/Meeting/Reports/AgendaltemReport.aspx 6/13/2016 Diaz, Delia (ddiaz@psusd.us) From: Diaz, Delia (ddiaz@psusd.us) Sent: Wednesday, June 15, 2016 9:12 AM To: 'marcus.fuller@palmspringsca.gov' Cc: Arthur,Julie (arthur@psusd.us) Subject: Right of Entry and Temporary Construction Agreement Attachments: APPROVAL OF EASEMENT.HERMOSA61416.pdf Importance: High Hi Marcus- At a regularly scheduled Board of Education meeting held on June 14, 2016, the Right of Entry and Temporary Construction Agreement with the City of Palm Springs was approved. Attached is a copy of the agreement, please let me know if you would like the original mailed or if someone will pick up. Thank you. *W Deeia Dk z Facilities Planning Clerk (760) 416-6117 i