HomeMy WebLinkAboutA5942 - RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT BELARDO ROAD BRIDGE AT TAHQUITZ CREEK CHANNEL CP 87-49 RETURN TO: 129046
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CITY i IF PALM SPRiNGS COOPERATIVE AGREEMENT
1 BOX 2743 Tahquitz Creek Channel, 6-0-00060
PALM RINGS,CA 92263 Belardo Road Bridge(EP 3247)
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3 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER
4 CONSERVATION DISTRICT, hereinafter called "DISTRICT", and the CITY OF PALM
5 SPRINGS, hereinafter called "CITY", hereby agree as follows:
6 RECITALS
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A. DISTRICT operates and maintains Tahquitz Creek Channel (Project No.
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6-0-00060),hereinafter called "CHANNEL", located in the city of Palm Springs; and
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10 B. CHANNEL is located within various easements identified as District
11 Parcel Numbers 6060-311A, 6060-31113, 6060-313A, 6060-313B, 6060-513C and 6060-513L,
12 hereinafter altogether called "CHANNEL EASEMENT" as shown in concept on Exhibit "A"
13 attached hereto and made a part hereof. CHANNEL EASEMENT constitutes a reach of
14 CHANNEL; and
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C. CHANNEL is an essential and integral part of DISTRICT'S regional
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17 system of stormwater management infrastructure that provides critical flood control and
18 drainage to the area; and
19 D. CITY desires to construct, operate and maintain a certain vehicular bridge
20 and ancillary structures in Belardo Road spanning CHANNEL EASEMENT, hereinafter called
21 "BRIDGE" as shown in concept outlined in green on Exhibit "A"; and
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E. CHANNEL'S principal function is flood control. BRIDGE construction
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within CHANNEL EASEMENT will not unreasonably interfere with CHANNEL'S principal
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25 function or DISTRICT'S ability to operate and maintain CHANNEL; and
26 F. Subject to the provisions of this Agreement, DISTRICT is willing to (i)
27 allow CITY to construct, operate and maintain BRIDGE within CHANNEL EASEMENT, (ii)
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allow the public to utilize BRIDGE for public conveyance, and (iii) accept responsibility for
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2 keeping CHANNEL under BRIDGE free and clear of sediment and debris; and
3 G. CITY is willing to (i) submit plans and specification for BRIDGE to
4 DISTRICT for review and approval, (ii) construct, operate and maintain BRIDGE, (iii) accept
5 ownership and responsibility for the structural integrity of BRIDGE, and (iv) indemnify and
6 hold DISTRICT harmless from any alleged claims for damage arising from CITY'S design, use,
7 and operation of BRIDGE; and
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H. It is in the public interest to proceed with this Agreement.
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10 NOW, THEREFORE in consideration of the preceding recitals and the mutual
11 covenants herein contained,the parties hereto mutually agree as follows
12 SECTION 1
13 CITY shall:
14 1. Pursuant to CEQA, assume lead agency role and responsibility for
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preparation, circulation and adoption of all necessary and appropriate CEQA documents
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17 pertaining to the construction, operation, and maintenance of BRIDGE.
18 2. Prepare plans and specifications for BRIDGE in accordance with CITY
19 standards and submit to DISTRICT for review and approval prior to awarding a construction
20 contract for BRIDGE.
21 3. Prior to constructing BRIDGE or performing any physical modifications
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within CHANNEL EASEMENT, obtain an encroachment permit from DISTRICT, pursuant to
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its rules and regulations.
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25 4. Not permit any change to or modification of approved plans and
26 specifications for BRIDGE without the prior written permission and consent of DISTRICT.
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5. Construct BRIDGE or cause BRIDGE to be constructed, and pay for all
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costs associated therewith.
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3 6. Not install any improvements and/or equipment or allow use of
4 CHANNEL EASEMENT in a manner which, in the opinion of the General Manager-Chief
5 Engineer of DISTRICT, would be detrimental to the operation of CHANNEL. CITY shall,
6 upon written request of the General Manager-Chief Engineer of the DISTRICT, remove said
7 improvements and/or equipment or cease said use.
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7. With regard to BRIDGE and/or equipment situated within CHANNEL
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10 EASEMENT, CITY hereby waives any claim against DISTRICT for damages resulting from
I DISTRICT'S customary use of CHANNEL EASEMENT for operation and maintenance of
12 CHANNEL or its appurtenant works.
13 8. Subsequent to BRIDGE construction and within CHANNEL
14 EASEMENT, (i) assume sole responsibility for the operation and maintenance of BRIDGE,
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including but not limited to, performing all necessary repairs and the routine removal of trash
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and debris associated with public use of BRIDGE and CHANNEL EASEMENT, (ii) assume
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18 sole responsibility for the structural integrity of BRIDGE and (iii) assume all liability associated
19 with the public use of BRIDGE and CHANNEL EASEMENT including claims of third persons
20 for injury or death or damage to property. Said obligation shall not include any inverse
21 condemnation liability of DISTRICT by reason of the location of CHANNEL or DISTRICT'S
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improvements thereto unless such liability is the result of CITY'S operations or use of the
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property by the public pursuant to CITY'S actual or tacit consent.
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25 9. Subsequent to BRIDGE construction and within CHANNEL
26 EASEMENT, ensure the safety of the public who may utilize BRIDGE by conducting periodic
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safety inspections and promptly making such repairs as are necessary to safeguard the public
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and its use thereof.
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3 10. In its use of BRIDGE and CHANNEL EASEMENT under the rights
4 granted herein, CITY agrees to promptly repair any damage to DISTRICT'S CHANNEL
5 improvements or CHANNEL EASEMENT unless such damage is caused by flooding or is the
6 result of DISTRICT'S customary operation, maintenance or improvements to its facilities
7 located therein.
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11. Grant DISTRICT, by execution of this Agreement, the right to enter upon
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10 property owned or controlled by the CITY where necessary and convenient for the purpose of
11 gaining access to, and performing maintenance on CHANNEL EASEMENT.
12 SECTION Il
13 DISTRICT shall:
14 1. Pursuant to CEQA, act as Responsible Agency and, as such, will have the
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corresponding responsibility to fulfill the obligations of a CEQA Responsible Agency with
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17 respect to BRIDGE.
18 2. Review BRIDGE plans and specifications prepared by CITY through the
19 DISTRICT'S encroachment permit process prior to the start of BRIDGE construction.
20 3. By execution of this Agreement, grant CITY, its agents and contractors all
21 rights to construct, operate and maintain BRIDGE within CHANNEL EASEMENT for public
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conveyance purposes which are (i) not incompatible with CHANNEL'S primary flood control
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purpose and which do not interfere with or impair DISTRICT'S ability to operate and maintain
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25 CHANNEL or any of its appurtenant works and (ii) within the authority of DISTRICT to grant
26 pursuant to the existing easement(s)held by DISTRICT.
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4. Observe and make periodic inspections of BRIDGE construction to assure
2 general compliance with the approved BRIDGE plans.
3 S. Give written notice to CITY of any non-compatible use of BRIDGE and
4 CHANNEL EASEMENT that is not in conformity with the provisions of this Agreement or
5 which may adversely affect CHANNEL'S flood control function and grant CITY thirty (30)
6 days from and after such notice to correct any such nonconforming use.
7 6. Assume sole responsibility for keeping CHANNEL under BRIDGE free
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and clear of sediment and debris.
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10 7. Continue to maintain CHANNEL'S lines and grades, inlets, fencing, ramps
11 and access roads to such an extent that CHANNEL continues to function as a flood control
12 facility at its design level.
13 SECTION III
14 It is further mutually agreed:
15 1. All construction work associated with BRIDGE shall be inspected by
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17 CITY and shall not be deemed complete until approved and accepted as complete by CITY.
18 2. DISTRICT personnel may observe and inspect all work being done on
19 BRIDGE. It is further mutually agreed by the parties hereto that any quality control comments
20 shall be provided to CITY personnel who, as the BRIDGE construction contract administrator,
21 shall be solely responsible for all official communications with its construction contractor(s).
22 3. CITY shall indemnify, defend, save and hold harmless DISTRICT and
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County of Riverside (including their respective officers, districts, special districts and
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25 departments, their respective directors, officers, Board of Supervisors, elected and appointed
26 officials, employees, agents, representatives, independent contractors and subcontractors) from
27 any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of
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or in any way relating to CITY'S (including its officers, employees, agents, representatives,
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2 independent contractors and subcontractors) actual or alleged acts or omissions related to this
3 Agreement, performance under this Agreement or failure to comply with the requirements of
4 this Agreement, including but not limited to: (a) property damage; (b) bodily injury or death; (c)
5 payment of attorneys' fees; and (d) any other element of any kind or nature whatsoever.
6 4. DISTRICT shall indemnify, defend, save and hold harmless CITY
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(including its officers, employees, agents, representatives, independent contractors and
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subcontractors) from any liabilities, claim, damage, proceeding or action, present or future,
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10 based upon, arising out of or in any way relating to DISTRICT'S (including its officers, Board
11 of Supervisors, elected and appointed officials, employees, agents, representatives, independent
12 contractors and subcontractors) actual or alleged acts or omissions related to this Agreement,
13 performance under this Agreement or failure to comply with the requirements of this
14 Agreement, including but not limited to: (a) property damage; (b) bodily injury or death; (c)
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payment of attorneys' fees; and (d) any other element of any kind or nature whatsoever.
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17 5. In the event of any arbitration, action or suit brought by either CITY or
18 DISTRICT against the other party by reason of any breach on the part of the other party of any
19 of the covenants and agreements set forth in this Agreement, or any other dispute between the
20 DISTRICT and CITY concerning this Agreement, the prevailing party in any such action or
21 dispute, by a final judgment or arbitration award, shall be entitled to have and recover from the
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other party all costs and expenses or claims, including but not limited to, attorneys' fees and
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expert witness fees. This section shall survive any termination of this Agreement.
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25 6. This Agreement is made and entered into for the sole protection and
26 benefit of the parties hereto. No other person or entity shall have any right of action based upon
27 the provisions of this Agreement.
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7. This Agreement describes only the responsibilities of the parties
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2 described herein and is not intended to address any other responsibilities or obligations that
3 CITY may have to third parties not party to this Agreement.
4 8. DISTRICT and CITY each pledge to cooperate in regard to the operation
5 and maintenance of their respective facilities as set forth herein and to discharge their respective
6 maintenance responsibilities in an expeditious fashion so as to avoid the creation of any
7 nuisance condition or undue maintenance impact upon the other's facilities.
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9. Any waiver by DISTRICT or by CITY of any breach of any one or more
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10 of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other
11 breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to
12 require exact, full and complete compliance with any terms of this Agreement shall not be
13 construed as in any manner changing the terms hereof, or estopping DISTRICT or CITY from
14 enforcement hereof.
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10. If any provision in this Agreement is held by a court of competent
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17 jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless
18 continue in full force without being impaired or invalidated in any way.
19 11. This Agreement is to be construed in accordance with the laws of the
20 State of California.
21 12. Any and all notices sent or required to be sent to the parties of this
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Agreement will be mailed by first class mail,postage prepaid, to the following addresses:
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RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS
24 AND WATER CONSERVATION DISTRICT Post Office Box 2743
25 1995 Market Street Palm Springs, CA 92263-2743
Riverside, CA 92501 Attn: Marcus Fuller
26 Attn: Administrative Services
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13. Any action at law or in equity brought by any of the parties hereto for the
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2 purpose of enforcing a right or rights provided for by the Agreement, shall be tried in a court of
3 competent jurisdiction in the County of Riverside, State of California, and the parties hereto
4 waive all provisions of law providing for a change of venue in such proceedings to any other
5 county.
6 14. This Agreement is the result of negotiations between the parties hereto
7 and the advice and assistance of their respective counsel. The fact that this Agreement was
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9 prepared as a matter of convenience by DISTRICT shall have no import or significance. Any
10 uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because
I I DISTRICT prepared this Agreement in its final form.
12 15. This Agreement is intended by the parties hereto as a final expression of
13 their understanding with respect to the subject matter hereof and as a complete and exclusive
14 statement of the terms and conditions thereof and supersedes any and all prior and
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contemporaneous agreements and understandings, oral or written, in connection therewith. This
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17 Agreement may be changed or modified only upon the written consent of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
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MAY D 4 2010
2 (to be filled in by Clerk of the Board)
3 RIVERSIDE COUNTY FLOOD CONTROL
4 RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT
5 By_', � 1� By ..
�r-kjeneral
ARREN D. WILLIAMS MA IO ASHLEY, Chairman6 Manager-Chief Engineer Board of Supervisors, Riverside County
7 Flood Control and Water Conservation
District
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ATTEST:
9 APPROVED AS TO FORM
KECIA HARPER-THEM
10 Clerk of the Board
11 PAMELA J. WALLS
County Counsel
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ByA�
13 Deputy
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By �
14 N AL R. KIPNI
15 Deputy County C"Indel
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(SEAL)
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25 Cooperative Agreement: Palm Springs Balardo Road Bridge
26 KEC:blj
2/10/10
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2 RECOMMEND FOR APPROVAL: CITY OF PALM SPRINGS
3 BY J // B r �r
4 DAVID J. BARAKIAN DAVID H. READY
Director of Public Works/City Engineer City Manager
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7 APP OVED AS TO FORM: ATTEST:
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9 By
,/bOUGV,A cAio AND MES THOMPSON
10 City torney ity Clerk
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12 (SEAL) APPROVED BY CITY COUNCIL
a
13 ino
14 Cooperative Agreement: Palm Springs Balardo Road Bridge
15 KEC:blj
2/10/10
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Exhibit "A"
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PARCEL R. S. 77 / 1-5 PARCEL
6060-511L 6060-513C
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APN 513-250-020
PARCEL PARCEL
6060-3! !A 6060-313A
APN 513-250-024
PARCEL
PARCEL o 6060-313B
6060-3IIB
0 APN 513-250-047
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L------- MESQUITE -----AVE. -------
BELARDO ROAD BRIDGE CROSSING OF TAHQUITZ CREEK CHANNEL EASEMENT
LICENSE AGREEMENT RCFC PARCEL NUMBERS AFFECTED: SCALE: PREPARED BY:
VEHICULAR BRIDGE AT TAHQUITZ CHANNEL PARCELS 6060-31 ! A, 6060-31 1 B, 6060-3 1 3A. NO SCALE DAB
PROJECT NO. 6-0-00060 6060-3 ! 3B, 6060-5 1 1 L & 6060-5 1 3C DATE: SHEET No.
ENCROACHMENT PERMIT 3247 FEB-09-2010 I OF I
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