The URL can be used to link to this page

Home My WebLink AboutA5314 - CITY OF CATHEDRAL CITY COMMON BOUNDARY TRAFFIC SIGNAL MAINTENANCE TRAFFIC SIGNAL MAINTENANCE AGREEMENT This agreement (herein "agreement) is made and entered into this day �2006 by and between the CITY OF CATHEDRAL CITY a municipal corporation of the State of California (herein as CATHEDRAL CITY)and the CITY OF CITY OF PALM SPRINGS a California Charter city in the State of California (herein as CITY OF PALM SPRINGS.) RECITALS Whereas CITY OF PALM SPRINGS and CATHEDRAL CITY share a common boundary between the two cities; and whereas the intersections of Ramon Road and San Luis Rey, Ramon Road and Crossley Road and Ramon Road and Landau Blvd. are shared between CATHEDRAL CITY and CITY OF PALM SPRINGS and; whereas traffic signals exist at said intersections and; whereas CATHEDRAL CITY currently maintains Ramon Road and Landau Blvd and CITY OF PALM SPRINGS maintains Ramon Road and Crossley Road and Ramon Road and San Luis Rey with no known formal agreement in place. 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 canceling this agreement. (2) CITY OF PALM SPRINGS OBLIGATES: i To control, maintain, and operate, including signal timing, the signal and lighting system and to absorb all costs attendant thereto, including the electrical costs for the intersection of Ramon Road and San Luis Rey. It is further agreed that CITY OF PALM SPRINGS shall not enter into the signal cabinet or electrical system or to modify in anyway the signal or lighting equipment or timing at the intersection of Ramon Road and Landau Blvd. It is further agreed that CITY OF PALM SPRINGS shall control, maintain, and operate, including signal timing, the signal and lighting system at the intersection of Ramon Road and Crossley Road. (3) CATHEDRAL CITY OBLIGATES: To control, maintain, and operate the signal, including signal timing, and lighting systems and to absorb all costs attendant thereto, including the electrical costs for the intersection of Ramon Road and Landau Blvd, It is further agreed that CATHEDRAL CITY shall not enter into the signal cabinet or electrical system or to modify in anyway the signal or lighting equipment or timing at the intersection of Ramon Road and San Luis Rey. It is further agreed that CATHEDRAL CITY shall not enter into the signal cabinet or electrical system or to modify in anyway the signal or lighting equipment or timing at the intersection of Ramon Road and Crossley Road. It is further agreed that CATHEDRAL CITY shall pay all electrical charges for the signal lighting directly to the service provider and to notify the electrical service provider that all bills are to be sent to CATHEDRAL CITY for the intersection of Ramon Road and Crossley Road, a. t (4) IT IS MUTUALLY AGREED AS FOLLOWS: a. This Agreement shall supersede all previous agreements and/or amendments pertaining to billing procedures for maintenance and power charges at the above said locations. b. The intent of the Agreement is to more fairly share the costs of operations and gain better control over the operations of these locations and to effectively coordinate the operations of these signal locations. c. 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. d. Any potion of this agreement may be modified upon mutual consent of both parties. (6) INDEMNIFICATIONS: BOTH PARTIES agree to indemnify each other's officers, agents and employees against, and will hold each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, 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 improvements 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, agents 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 Avenida Lalo Guerrero PO Box 2743 Cathedral City, CA 92234 Palm Springs CA 92263 Attn: City Manager Attn: City Manager 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 this 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. (9) 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. (12) ATTORNEYS FEES In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys'fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. CATHEDRAL CITY PALM SPR NGS / a murn ipal corporation a muni5pal corporation ayor .Mayor TT A7TE�T City Clerk City rk APPROVED AS TO FORM APPROVED AS TO FORM: City Attorney /Ety Attorney (CND OF SIGNATURES) IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CATHEDRAL CITY PALM SPRINGS ' a municipal corporation a California Charter City May Crry H,MeJpbyer - - . ATTEST ATTEST CIROVZW ty Clerk A0 FORM: APP O AS TO FORM: -, �Y City Attorney City Attorney (END OF SIGNATURES) APPROVED BY CITY COUNCIL �Q9�ZGY7(a Z •r. ,F40�i88� 531 +