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Home My WebLink About06573 - GOLDEN VALLEY CONSTR. CATHEDRAL CANYON DRIVE CROSSWALK DOC # 2014-0415304 10/31/2014 10:490 Fee:NC Page 1 of 1 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk 8 Recorder Recording IIIII IIIII I II III IIIII IIII IIII IIII III III Requested by and After Recording S R I U I PAGE SIZE DA MISC I LONG RFD COPY D Return to: 1 I City Clerk M A L 465 426 PCOR NCOR SMF CH ExaAf City of Palm Springs tJC11G CL T: CTY UNI809- Box 2743 Palm Springs, CA 92263 (FOR RECORDERS USE ONLYI Pursuant to Government Code Section 6103,this document is being recorded as a benefit to the City of Palm Springs and recording fees shall not apply. NOTICE OF COMPLETION NOTICE IS HEREBY given that: I. The City of Palm Springs, California, is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. Il. The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. III. The address of the City of Palm Springs is City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California (P.O. Box 2743, Palm Springs, CA 92263-2743). IV. The public work of improvement on the hereinafter referred to real property within the city was completed on Wednesday October 01, 2014 V. The name of the contractor(if named)for such work of improvement was: Golden Valley Construction VI. The public work of improvement, which was completed in the City of Palm Springs, County of Riverside, State of California, is described as follows: Cathedral Canyon Drive Crosswalk VII. Nature of Interest: Fee Owner VIII.The property address or location of said property is: Cathedral Canyon Drive/Palm Springs Bike Path IX. City Project: No.13-28 Agreement Number: 6573, Minute Order No: N/A CITY OF PALM SPRINGS: BY:—/ DATED: Public Works Inspector, Michael L.. Mott BY: $ lam— DATED: �o Director of Public Works/City Engineer David J. Barakian JAMES THOMPSON, being duly sworn, says: That he is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that he makes this verification on behalf of said corporation, that he has read the foregoing Notice of Completion, and knows the contents thereof, and that the facts stated therein are true; that as said City Clerk, he makes this verification on behalf of said municipal corporation. Index No. 0414 City Clerk-James Thom i AGREEMENT BY AND BETWEEN CITY OF CATHEDRAL CITY AND CITY OF PALM SPRINGS FOR CATHEDRAL CANYON DRIVE CROSSWALK CONSTRUCTION AND MAINTENANCE AGREEMENT This agreement (herein "agreement') is made and entered into this I I-th day oflY,2014 by and between the CITY OF CATHEDRAL CITY a municipal corporation of the State of California (herein as CCC) and the CITY OF PALM SPRINGS a California Charter City and Municipal ; Corporation in the State of California (herein as CPS). RECITALS Whereas CITY OF PALM SPRINGS and CATHEDRAL CITY share a common boundary between the two cities; and whereas the centerline of Cathedral Canyon Drive is the shared City limit line between the two cities, immediately south of the White Water River; and whereas both cities agree to the construction of a crosswalk with rapid flasher beacons and; whereas both cities agree to the drawings prepared by CPS entitled "Cathedral Canyon Drive Crosswalk" City Project 13-28; and whereas both cities agree to the construction bid price of $21,460 from Golden Valley Construction. Now therefore, the parties do agree as follows: (1) TERM This agreement shall take effect upon approval by the parties and shall terminate one year following the date upon which either party gives written notice of its intent to cancel this agreement. In this event, all maintenance operations, energy charges and replacement responsibilities for these signals shall become the sole responsibility of the City cancelling this agreement. (2) CITY OF PALM SPRINGS OBLIGATES: To administer and inspect the construction of said crosswalk and beacons in accordance with said mentioned plan above and to pay for of the above mentioned construction cost, not to exceed $10,730. It is further agreed that CPS shall not enter into the electrical system or to modify in anyway the beacons at said crosswalk. It is further agreed that CPS will pay ''/2 the on-going maintenance costs of said crosswalk and beacons upon receipt of an invoice from CCC to be approved by CPS. i (3) CATHEDRAL CITY OBLIGATES To control, maintain, and operate the beacons and crosswalk and to absorb all costs attendant thereto, subject to the reimbursement of/2 of said maintenance and operations costs from CPS as noted above. f i It is further agreed that CCC shall remit payment of the '/2 of above mentioned construction costs, not to exceed $10,730, upon receipt of invoice from CPS. 1 It is further agreed that CCC shall pay the above mentioned $10,730 to CPS prior to start of construction and CPS entering into a construction agreement. (4) IT IS MUTUTALLY AGREED AS FOLLOWS: a. The intent of the Agreement is to fairly share the costs of construction, operations and maintenance of this proposed crosswalk and beacons. b. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract (or affect the legal liability of either party to the contract) by imposing any standard of care respecting the maintenance of highways different from the standard of care imposed by law. c. Any portion of this Agreement may be modified upon mutual consent by both parties. d. The total construction cost stated in this agreement may not be changed except by written change order agreed to by both parties. e. CPS agrees to keep CCC fully informed of the progress of the construction of the subject improvements and allow CCC authorized representatives opportunity to visit and i observe the construction. f. Both parties agree that issuance of a notice of completion will contain signatures of both CCC and CPS. I i (5) INDEMNIFICATIONS: BOTH PARTIES agree to indemnify each other's officers, agent and employees against, and will hold each of them harmless from, any and all actions, suits, daims, damages to persons or property, lasses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of their own agent, employees, subcontractors, or invitees under this Agreement, or arising from issuance of a permit to construct improvement on this segment of roadway, whether or not there is concurrent passive or active negligence on the part of its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the other agencies officers, agent or employees. (6) NOTICE: Any notice, demand, or request either party desires, or is required to give to the other party, or to any other person, shall be in writing and shall be served either personally or sent by first class mail, postage pre-paid, to the following addresses: City of Cathedral City City of Palm Springs 68-700 Ave. Lalo Guerrero P.O. Box 2743 Cathedral City, CA 92234 Palm Springs, CA 92263 Attn: City Manager Attn: City Manager i i Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in 72 hours from the time of depositing in the U.S. mail, if mailed as provided in the section. (7) WAIVER: No waiver shall be binding, unless executed in writing by the party making the waiver, and no waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. (8) SEVERABILITY: If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein. (8) GOVERNING LAW: The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. (10) RIGHTS AND REMEDIES ARE CUMULATIVE: Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other party. (11) DISPUTES: All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California. SIGNATURES ON NEXT PAGE i i i IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. "=11 "CPS" CITY OF CATHEDRAL CITY CITY OF PALM SPRINGS A California Municipal Corporation A California Charter City and Municipal Corporation Charles P.McClendon,City Manager David H. Ready, City ager APPROVED BY CITY MANAGER f\kb 7ATTEST- ATTEST: Gary Howell, City Clerk James Thompson, City C erk APPROVED AS TO FORM: APPROVED AS TO FORM: Charles R. Green, City Attorney bol s . Holland, City Attorney