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HomeMy WebLinkAbout05980 - COACHELLA VALLEY WATER DISTRICT RIGHT OF WAY ACQUISITION INDIAN CANYON DRIVE WIDENING CP 01-25 Kathie Hart From: Savat Khamphou Sent: Wednesday,June 22, 2016 8:11 AM To: Kathie Hart;Gianfranco Laurie; Marcus Fuller Vv \O" Cc: Tabitha Richards;Vonda Teed �(„� L Subject: RE:~-Coachella Valley Water Dist Yes. Savat Khamphou City of Palm Springs 3200 E. Tahquitz Canyon Way � ' Palm Springs, CA 92262 -r �t V rrcl[ (760) 323-8253 Ext. 8744(office) CALEFORNIA (760) 219-5404(cell) Savat.Khamphou a)PalmSprinpsCA.gov Like no place else.' From: Kathie Hart Sent: Tuesday, June 21, 2016 6:46 PM To: Savat Khamphou; Gianfranco Laurie; Marcus Fuller Cc: Tabitha Richards; Vonda Teed Subject:AI - Coachella Valley Water Dist This is for Right of Way Acquisition, Indian Canyon Drive Widening CP 01-25. OK to close? Kathie Kathie Hart, MMC Chief Deputy City Clerk c > CALIFORNIA Ui6 rro nl .r.el', City of Palm Springs (760)323-8206 3200 E. Tahquitz Canyon Way (760)322-8332 Palm Springs,CA 92262 G{ Kathie.Hart@PclmSpringsCA.gov City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays. 1 CITY OF PALM SPRINGS (Herein referred to as "City"), and COACHELLA VALLEY WATER DISTRICT (Herein referred to as "District") PROJECT: Indian Canyon Drive Widening APN(s): 669-240-003, 669-240-004, and 669-330-017 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT This RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT ("Agreement") is made this 7th day of Truly , 2010 ("Effective Date") by and between Coachella Valley Water District, a public agency of the State of California ("District") and the City of Palm Springs, a California charter city("City"). RECITALS A. District is the owner of certain real property located in the City of Palm Springs, County of Riverside, State of California, and identified as Assessor Parcel Numbers 669-240- 003, 669-240-004 and 669-330-017 (collectively, "Property"). B. City desires to use a portion of the Property consisting of approximately five and seventy-two hundredths (5.72) acres as more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein and depicted on Exhibit "B" attached hereto and by this reference incorporated herein ("Easement Area") for all purposes necessary to facilitate and accomplish the construction of the Indian Canyon Drive Widening, City Project No. 01-25, Federal Aid Project No. STPLN 5282 (023) ("Project") on the terms and conditions set forth herein. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS: 1. (a) Subject to the terms and conditions set forth herein District hereby grants to the City the right during the term of this Agreement to enter upon and use the Easement Area for all purposes necessary to facilitate and accomplish the construction of the Project. [Notwithstanding the foregoing, in the event City's use of the Easement Area interferes with the District's operations, City shall immediately cease operations upon receiving written notification to do so, and shall commence operating again only when such interference has been eliminated.] (b) City shall pay all costs associated with the use of the Easement Area and shall keep District and the Property free and harmless from such costs. In connection therewith, City shall not suffer or permit to be enforced against the Property, any mechanic's lien or any claim for damage arising from the use of the Easement Area by City or its Representatives (as defined herein) and City shall pay or cause to be paid all of said liens, claims or demands before any action is brought to enforce the same against the Property. 1 2. A thirty (30) day written notice ("Notice") shall be given to the District prior to using the rights herein granted. The rights herein granted may be exercised for a period of twenty-four (24) months from the Notice, provided that the Notice shall be delivered to the District no later than December 31, 2011 or until completion of Project, whichever is the first to occur. 3. The rights granted herein include the right to enter upon and to pass over and within the Easement Area, and to deposit tools, implements and other materials thereon by City, its officers, agents and employees, and by persons or entities under contract with City, its successors and assigns, wherever and whenever necessary for the purpose of constructing the Project. The City agrees not to damage the Property in the process of performing such activities. 4. At the expiration of the term of this Agreement, all rights granted herein to the City shall automatically terminate, unless the original term of this Agreement is otherwise extended upon agreement by both parties, in writing. At the termination of the period of use of the Easement Area by the City, but before its relinquishment to the District, debris generated by City's use will be removed and the surface will be graded and left in a neat condition. 5. (a) It is also mutually understood and agreed by and between the parties hereto that the City is responsible for complying, at City's sole cost and expense, with all laws, regulations, ordinances of all federal, state and local agencies in connection with the rights granted hereunder and shall be subject to and in accordance with applicable avoidance, minimization and mitigation requirements contained in the Coachella Valley Multiple Species Habitat Conservation Plan ("CVMSHCP") and Natural Community Conservation Plan ("NCCP"). (b) City shall, at its sole cost and expense, apply for and obtain all necessary consents, approvals, permits, authority, licenses or entitlements from all applicable governmental authorities to exercise the rights set forth herein. 6. (a) City shall assume the defense of, indemnify and hold harmless District and its officers, directors, administrators, representatives, consultants, engineers, employees and agents, and their respective successors and assigns (collectively, "District Indemnitees") and each and every one of them, from and against all actions, causes of action, damages, demands, liabilities, costs (including, but not limited to reasonable attorneys' fees), claims, losses and expenses of every type and description (collectively, "Costs") to which they may be subjected or put, by reason of, or resulting from: (1) any use or misuse of the Easement Area by City or its Representatives (as defined below); (2) any act or omission of City or its Representatives in connection with the matters contemplated hereby; (3) the performance of or failure to perform, the work covered by this Agreement which is caused or occasioned by any act or neglect on the part of City or its Representatives; (4) any death, injury, property damage, accident or casualty caused or claimed to be caused by City or its Representatives or including City or its Representatives or its or their property; (5) any violation or alleged violation by City or its Representatives of any law or regulation, or the CVMSHCP or the NCCP; (6) any breach by City of its obligations under this Agreement; and (7) any enforcement by District of any provision of this Agreement. The foregoing indemnity shall not apply to the extent any such Costs are ultimately established by a court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of the District Indemnitees or any of them. District shall make all decisions with respect to its representation in any legal proceeding concerning this Section. If City fails to do so, District shall have the right, but not the obligation, to defend the same and charge all of the direct or incidental costs of such defense, including fees and costs, to City and 2 to recover the same from City. The term "Representatives" shall mean employees, representatives, agents, contractors, subcontractors or any other persons directly or indirectly employed by any of the foregoing or reasonably under the control of any of the foregoing or for whose acts any of the foregoing may be liable. No provision of this Agreement shall in any way limit the extent of the responsibility of City for payment of damages resulting from its operations or the operations of any of its Representatives. (b) As an inducement and consideration for District granting the rights set forth herein, City, on its behalf and on behalf of its Representatives, hereby agrees to assume all risk of damage to City's property, other than damage caused by the gross negligence or willful misconduct of District or its Representatives and City, on behalf of itself and its Representatives, hereby waives all claims therefor against District. District shall be under no obligation to protect the property of City or its Representatives. City shall bear all risk of loss or damage thereto by whatever cause inflicted. (c) District shall have no duty to warn any person of any latent or patent defect, condition or risk that may exist in or around the Property (including the Easement Area) or that might be incurred in the exercise of the rights granted herein. City, on its behalf and on behalf of its Representatives, hereby waives all claims or actions against District in respect to the condition of the Property, including any defects or adverse conditions not discovered or otherwise known by City or District as of the date hereof. District makes no warranty or representation, express or implied, in respect of the Property (including the Easement Area), or any part thereof, either as to its fitness for use, design or condition for any particular use or purpose or otherwise. All persons who enter upon the Property (including the Easement Area) pursuant to this Agreement shall do so at their own risk. 7. District is the owner of the Property and has the right to grant City permission to enter upon the Property. 8. The City shall require all contractors and subcontractors for the Project to name District, its officers, employees and agents as additional insureds for all insurance required to be maintained by such contractors and subcontractors in connection with the Project. City shall also cause such contractors and subcontractors to procure an appropriate clause in, or an endorsement on, such insurance policies pursuant to which the insurance companies waive all right of recovery by way of subrogation in connection with any damage covered by any policy or consent to a waiver of a right of recovery against District. 9. Any notice, payment or instrument, or other documents required or permitted to be given or delivered may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows: If to District: Steve Robbins, General Manager-Chief Engineer Coachella Valley Water District PO Box 1058 85-995 Avenue 52 Coachella, CA 92236 Phone Number: (760) 398-2651 If to City: CITY OF PALM SPRINGS Department of Public Works & Engineering 3200 E. Tahquitz Canyon Way 3 Palm Springs, California 92262 Attention: Marcus Fuller Asst. Director of Public Works/Asst. City Engineer Phone Number: (760) 323-8253 ext. 8744 Fax: (760) 322-8325 E-mail address: Marcus.Fuller@paimspringsca.gov Or such other person or address as either party may direct in writing to the other, provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to whom directed. Except where service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall be deemed completed forty-eight (48) hours after deposit in a United States mail depository. 10. Each party affixing his or her signature to this Agreement warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity and authority to enter into this Agreement and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith. 11. This Agreement entered into between the parties contains the entire understanding of the parties herein and supersede any and all other written or oral understandings as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. This Agreement shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both the District and City. No amendment, change or modification of this Agreement shall be valid unless in writing, stating that it amends, changes or modifies this Agreement, signed by all of the parties hereto. No provision contained herein shall be construed against any party solely because it prepared this Agreement in its executed form. 12. City shall not assign its rights or obligations hereunder without obtaining District's prior written consent, which consent may be withheld in District's sole discretion. Subject to the foregoing, this Agreement and the provisions contained herein shall be binding upon and inure to the benefit of the District, City, and their respective administrators, successors and assigns. 13. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way affect, impair, or invalidate any other term, covenant, condition or provision contained in the Agreement. 14. Each of the parties hereto shall execute and deliver any and all additional papers, documents or other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties hereto. 15. Time is of the essence of this Agreement. Failure to comply with any requirement, including, but not limited to, any time requirement of this Agreement shall constitute a material breach of this Agreement. 4 16. Subject to any other provision stated herein, in any action or proceeding between the parties hereto seeking interpretation or enforcement of any of the terms and provision of this Agreement, the prevailing party in such action or proceeding shall be entitled to have and to recover from the other party its reasonable attorney's fees and other reasonable expenses in connection with such action or proceeding in addition to its recoverable court cost. 17. City shall pay the District the sum of Three Thousand Dollars ($3,000.00) upon the Effective Date for the right to enter upon and use the Easement Area in accordance with the terms hereof. Dated: July 7, , 2010 COACHELLA VALL ATER DISTRICT, a public ag ncy VeSt fCalifornia BY: Steve Robbins General Manager-Chief Engineer Printed Name/Title CITY OF PALM SPRINGS, a California charter city By APPROVED BY CITY MANAGER David H. Ready, City er ATTEST: By: j es Thompson, City Clerk APPROVED TO FORM: WOODRUF RADLIN & SMART By: DouglasIC. Holland, Esq., City Attorney I Doc. No. 030426-2-003 630426-3-XXX 030427-1-XXX 030427-4-XXX 030435-2-XXX 5 EXHIBIT"A" INDIAN CANYON DRIVE TEMPORARY CONSTRUCTION AREA APNS 669-240-003, 669-240-004,AND 669-330-017 THOSE PORTIONS OF THE WEST ONE HALF OF SECTION 26, THE EAST ONE HALF OF SECTION 27, AND THE NORTHWEST ONE QUARTER OF SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN 13ERNARDINO MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY UNITED STATES GOVERNMENT SURVEY THEREOF, DESCRIBED IN DEED TO THE COACHELLA VALLEY COUNTY WATER DISTRICT RECORDED JUNE 24, 1941 IN BOOK 506, PAGE 112, AND DESCRIBED IN PATENT TO SAID WATER DISTRICT RECORDED SEPTEMBER 21, 1960 AS INSTRUMENT NO. 82453, BOTH OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 21.00 FEET OF THE EAST 67.00 FEET OF SAID SECTION 27; TOGETHER WITH; THE EAST 21.00 FEET OF THE WEST 51.00 FEET OF SAID SECTION 26; TOGETHER WITH THAT PORTION OF SAID SECTION 35, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 35; THENCE ALONG THE WEST LINE OF SAID SECTION 35 SOUTH 00019'41"WEST, 563.58 FEET; THENCE LEAVING SAID WEST LINE SOUTH 89040'19" EAST 30.00 FEET TO A POINT ON THE EAST LINE OF INDIAN CANYON DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EAST LINE OF INDIAN CANYON DRIVE NORTH 00019'41" EAST, 563.86 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE LEAVING SAID EAST LINE ALONG SAID NORTH LINE NORTH 89047" 1" EAST 21.00 FEET TO A LINE THAT IS PARALLEL WITH AND 51.00 FEET EAST OF SAID WEST LINE OF SAID SECTION 35; THENCE ALONG SAID PARALLEL LINE SOUTH 00019'41"WEST, 563.89 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 00036'57" EAST, 784.99 FEET; THENCE SOUTH 44040'18" EAST, 51.30 FEET TO THE NORTH LINE OF SUNRISE PARKWAY AS DEDICATED PER TRACT MAP NO. 31848-1 FILED DECEMBER 27, 2006 IN BOOK 414 OF MAPS, PAGES 49 THROUGH 73, INCLUSIVE, OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID NORTH LINE SOUTH 89059'51"WEST, 29.53 FEET; THENCE LEAVING SAID NORTH LINE NORTH 44040'18"WEST, 39.04 FEET; THENCE NORTH 00036'57"WEST, 793.66 FEET TO THE TRUE POINT OF BEGINNING. PAGE 1 OF 2 EXHIBIT"A" INDIAN CANYON DRIVE TEMPORARY CONSTRUCTION AREA APNS 669-240-003, 669-240-004,AND 669-330-017 CONTAINING 249,203 SQUARE FEET, 5.72 ACRES, MORE OR LESS. SEE EXHIBIT"B"ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. -� .17110 MICHAEL A. HAVENER, PLS 7354 DATE EXP. 12-31-11 \,AND S� ���• A. J ECp.12/31111 No.7354 OF CA PAGE 2OF2 - --- EXHIBIT $$ B $ 22 123 INDIAN CANYON DRIVE TEMPORARY CONSTRUCTION AREA 27 26 1 I MATCH 27 "26 LINE I 1 1 3 4I 3 5 60' EXISTING ROAD R/W 1 I O ( (SEE NOTE SHEET 2) SEE 1 SHEETE�AIL z =T 3 S. ; � J R. 4 E. 1 i z z S. B � M. SEC. 271 1 U 1CD � I SEC. 35 T. z Q � �. SEE DETAIL 3 S. R. 4 E. 0 0 1 1 SHEET 3 S. 1 I I M. ? Q ( �CSUNRISE PKWY cvwo j I — — APN 669-240-003 1 SEC. 26 1 1 100' 1 1 TRACT MAP NO. 31848-1 1 APN 6 9,240-004 LEGEND - M.B. 414/49- 73 1 1 60' EXISTING APN 669-240-003 TEMPORARY 1 1 ROAD R/W (SEE CONSTRUCTION AREA NOTE SHEET 2) AREA = 109,916 SQ. FT. (2.523 ACRES) I I r.... APN 669-240-004 TEMPORARY CONSTRUCTION AREA 1 i AREA = 109,919 SQ. FT. (2.523 ACRES) O I 1 APN 669-330-017 TEMPORARY Z I 1 CONSTRUCTION AREA AREA = 29,368 SQ. FT. (0.674 ACRES) 1 P.O.C. POINT OF COMMENCEMENT Z Q I T.P.O.B. TRUE POINT OF BEGINNING 0 © 1 I CA CENTERLINE ��p LAND SUR Z Z i 1 R/W RIGHT-OF-WAY 1 1 TCA TEMPORARY 1 1 CONSTRUCTION EXP. I DE 11 1 AREA {� 10 300 600 1200 �lq�F�� CAL\F���` 1 ( 1 I CITY OF PALM SPRINGS PREPARED BY: KA MATCH 27 26 LINE REVIEWED BY: MH 34 / 5 PROJECT: INDIAN CANYON DRIVE APNS 669-240-003, 669-240-004, SCALE: 1"=600' & 669-330-017 DATE: 2-4-10 SHEET 1 OF 3 EXHIBIT " B " INDIAN CANYON DRIVE TEMPORARY CONSTRUCTION AREA 22 23 27 26 WEST LINE OF INDIAN EAST LINE OF INDIAN CANYON DRIVE CANYON DRIVE SEC. 27 T. 3 S. R. 4 E. I 51' 21' S.B.M. 16, 21' sT 30' cvwo p APN 669-240-003 L^ 30' SEC. 2 6 o z W T. 3 S. R. 4 E. z :3S.B.M. Q -w -H CVWD U -H APN 669--240-004 N 104 -- 10 O Z 60' EXISTING ROAD R (SEE NOTE THIS SHEET) NOTE: ROAD ABSTRACT 338 APPROVED BY THE BOARD OF SUPERVISORS DEC. 10, 1892 IN BOOK 15 AT PAGE 150, RECORDS OF SAN DIEGO COUNTY. 27 26 34 H35 T- .,,SEE DETAIL SHEET 3 FOR THIS AREA NOT TO SCALE CITY OF PALM SPRINGS PREPARED BY: KA SEE SHEET 1 FOR LEGEND PROJECT: INDIAN CANYON DRIVE REVIEWED BY: MH APNS 669-240-003, 669-240-004, SCALE: NOT TO SCALE & 669--330-017 DATE: 2-4--10 1 SHEET 2 OF 3 EXHIBIT is B » INDIAN CANYON DRIVE TEMPORARY CONSTRUCTION AREA THE BEARINGS ON THIS PLAT ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6. THE DISTANCES USED ARE GROUND DISTANCES. MULTIPLY SEE DETAIL SHEET 2 DISTANCES SHOWN BY 0.99997430 TA27 FOR THIS AREA OBTAIN GRID DISTANCES. *,151' N 894T11" E 21.00' 34 �'� '**-NORTH LINE OF --P.O.C. / SECTION 35 SOUTH TCA NW CAR. SEC. 35 EAST LINE OF INDIAN `u CANYON DRIVE c" SEC. 35 gi Q Q z T. 3 S. R. 4 E. S.B.M. a Z W T.P.O.B.- W" 0 SOUTH TCA - N APN 669-330-017 Qco o CVWD Q � rn v7 60' V Z rn Q 30' EXISTING ROAD R/W a © (SEE NOTE SHEET 2) Z 30' v w �° rn � 00 WEST LINE OF- SECTION 35 c I S 44-40'18" E x M j 51.30' NORTH LINE OF SUNRISE PKWY. CD 29.53' SUNRISE PKWY. a DEVIL S 89`59'51" W NOT TO SCALE CITY OF PALM SPRINGS PREPARED BY: KA REVIEWED BY: MH SEE SHEET 1 FOR LEGEND PROJECT: INDIAN CANYON DRIVE APNS 669-240-003, 669-240--004, SCALE: NOT TO SCALE & 669-330-017 DATE: 2-4-10 1 SHEET 3 OF 3