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HomeMy WebLinkAboutA5217 - RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MESQUITE AVE CP 94-17 RCCOrdCd at request of and return to: Riverside Cotmty HQ Control and Water Conservation District 1995 Markel Street Riverside, California 92501-1770 NO FEE(GOV. CODE Fi 10:3) SPACE,ABOVE TIIIS LINE FOR RECORDHR'S USE The undersigned grantor(s)declare(s) Palm Springs Mlle Line 22, Stage I DOCLIMFNTARY TRANSFLR'1'AX$ NONE Project No. 6-0-00322 Stonn brain Easement RCFC Parcel No. 6322-502 EASEMENT DEED The City of Palm Sprnrgs, a municipal corporation, hereby Dedicates in Perpetuity to Riverside County Flood Control and Water Conservation District, a storm drain casement .for flood control and drainage purposes for the construction, use, repair, reconstruction, inspection, operation and maintenance of storm drain facilities, and all appurtenant works, including ingress and egress thereto, over, under and across that certain real property situated in the City of Pahn Springs,County of Riverside, State of'Calilbmia,described in legal description attached hereto as Exhibit "A" and shown in Exhibit "B" and made a part licreot. Assessor Parcel Number: portions of 680-020-010 & 052 CITY OF PALM SPRINGS, a municipal corporation- Date _ � _ i Date � t;:�.,i� �i[:?/U _. Icy: _... ....___—. iMvid Il. Ready, ger, ATTESTS: ,TAMES TIIOMPSON, APPROVED BY CITY COUNCIL Clerk to City of Palm Springs �.— �ymay- ' G, City (Seal)Clerk , Lots 18 & 19 of MB 14/562 RCFC Parcel No. 6322-502 CLRTIFICATE OF ACCEPTANCE This is to certify that the interest in real properly conveyed by the easement deed, dated Coin CITY OF PALM SPRINGS to RTVF.RSIDF, COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT is hereby accepted by the undersigned officer pursuant to authority conlirred by resolution of the Board of Supervisors of said District adopted on May 12, 1961, and the grantee consents to the recordation thereof by its duly authorized officer. Date By: Warren D. Williams General Manager-Chief Engineer Lots 18 & 19 of MB 14/562 IN THE CITY OF PALM SPRINGS, CA EXHIBIT A JANUARY 9, 2009 BEING A PORTION OF LOTS 18 AND 19 OF THE PALM VALLEY COLONY LANDS AS SHOWN BY MAP ON FILE IN BOOK 14, PAGE 652, RECORDS OF SAN DIEGO COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF CALLE SANTA CRUZ AND MESQUITE AVENUE AS DESCRIBED IN THE SUNNY DUNES TRACT NO. 3 AS SHOWN BY MAP ON FILE IN BOOK 40, PAGE 34 OF MAPS, RECORDS OF RIVERSIDE COUNTY, THENCE ALONG CENTERLINE OF MESQUITE AVENUE SOUTH 89'51'20" EAST A DISTANCE OF 37.03 FEET TO THE TRUE POINT OF BEGINNING (TPOB), THENCE CONTINUING SOUTH 89'51'20" EAST ALONG SAID CENTERLINE OF MESQUITE AVENUE A DISTANCE OF 475.82 FEET TO THE BEGINNING OF A NON—TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 65.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 39'51'34" EAST; THENCE SOUTHEASTERLY ALONG SAID NON—TANGENT CURVE AN ARC DISTANCE OF 25.24 FEET THROUGH A CENTRAL ANGLE OF 22'15'03" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 35.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 62'06'37" WEST; THENCE SOUTHEASTERLY ALONG SAID REVERSE CURVE AN ARC DISTANCE OF 37.85 FEET THROUGH A CENTRAL ANGLE OF 61'5757" TO A POINT 38.00 FEET SOUTH OF SAID CENTERLINE OF MESQUITE AVENUE, A RADIAL TO SAID POINT BEARS SOUTH 00'08'40" WEST,• THENCE PARALLEL AND 38.00 FEET SOUTHERLY OF SAID CENTERLINE OF MESQUITE AVENUE SOUTH 89'51'20" EAST A DISTANCE OF 94.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 65.00 FEET; THENCE SOUTHEASTERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 101.80 FEET THROUGH A CENTRAL ANGLE OF 89'43'58; A RADIAL TO SAID POINT BEARS NORTH 89'52'38" EAST,• THENCE SOUTH 00*07*22" EAST A DISTANCE OF 479.44 FEET; THENCE SOUTH 89'5238" WEST A DISTANCE OF 30,00 FEET; THENCE NORTH 00*07*22" WEST A DISTANCE OF 479.44 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET; THENCE NORTHWESTERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 54.82 FEET THROUGH A CENTRAL ANGLE OF 89'43'58, A RADIAL TO SAID POINT BEARS NORTH 00'08'40" EAST,• RIVERSIDE COUNTY FLOOD CONTROL& WATER CONSERVATION DISTRICT Prepared by: DMC Design Group Address: 140 N. Maple Street, Suite 704 Corona, CA 92880 SCOIe: NIA Assessors Parcel Number(s): 680-020-010, 680-020-052 Date Exhibit Prepared: 1-9-2009 SHEET 1 OF 2 IN THE CITY OF PALM SPRINGS, CA EXHIBIT A JANUARY 9, 2009 THENCE NORTH 89'51'20" WEST A DISTANCE OF 94.29 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 65.00 FEET; THENCE NORTHWESTERLY ALONG SAID TANGENT CURVE AN ARC DISTANCE OF 70.30 FEET THROUGH A CENTRAL ANGLE OF 61'5757" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 35.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 62'06'37" EAST,• THENCE NORTHWESTERLY ALONG SAID REVERSE CURVE AN ARC DISTANCE OF 37.85 FEET THROUGH A CENTRAL ANGLE OF 61'5757" A RADIAL TO SAID POINT BEARS NORTH 00'08'40" EAST; THENCE NORTH 89'51'20" WEST A DISTANCE OF 434.28 FEET; THENCE NORTH 00'OS'40" EAST A DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING (TPOB); CONTAINS 0.56 ACRES (28,893.75 SF), MORE OR LESS. THE HEREIN ABOVE DESCRIBED PARCEL IS SHOWN ON EXHIBIT 8. SURVEYOR'S NOTE: EDWARD J. THIS DOCUMENT WAS PREPARED 9Y MF- OR BONADIMAN UNDER MY DIRECTION IN CONFORMANCE WITH L.S. 7529 m THE P SIONAL LAND R'S ACT * Exp. 12-31-09 OFG4L��O RIVERSIDE COUNTY FLOOD CONTROL& EDWARD J. BONADIMAN, P.L.S. 7529 WATER CONSERVATION DISTRICT EXP. 12-31-09 Prepared by; DMC Design Group Address: 140 N. Maple Street, Suite 104 Corona, CA 92880 Scale: N/A Assessor s Parcel Number(s): 650-020--010, 580-020-052 Date Exhibit Prepared: 1-9—,2009 SHEET 2_ OF 2 IN THE CITY OF PALM SPRINGS, CA EXHIBIT B JANUARY 9,2009 q q a SUNNY DUNES TRACT NO. 3 g x 4 N MB 40,PG 34 w 3 O¢ w �IU I 82 81 80 79 78 77J 76 0 75o N a w v L — — — MESQUITEAVENUE z v n z L1 n 1' 4 v N89'51 20 W 434.25 L2 TRUE PC BEGINNING (TPOB) ~ CS - L3 POINT OF Q COMMENCEMENT of °= q LOT 19 PALM VALLEY COLONY LANDS r M SECTION 19, T4S, R5E q a o MB 14, PG 652, RECORDS OF SAN DIEGO, CA o o w Z q N O N LINE TABLE z n 0 LINE LENGTH BEARING O _LI 37.03' S89'51'20"E L2 94.29' S89'51'201 H. L3 94.29' N89'51'20"W 30' Q L4 15.00'^„ N00'08'40"E CURVE TABLE CURVE RADIUS LENGTH DELTA TANGENT v C1 55.00' 25.24' 22'15"03"' 12.78' y^. C2 35.00' 37.85' 61'57'57" 21.02' C3 65.00, 101.80' 89'43'58" 64.70' C4 35.00' 54.82' 89'43'58" 34.84' C5 65.00' 70.30' 61'57'57" 39.03' C6 .35. O'' 37,85' 61'57'57" 21.02' LEGEND S 89'S2'36" W 30.00' LIMITS OF EASEMENT STREET CENTERLINE — — — EXISTING RIGHT OF WAY LOT LINE SURVEYOR'S NOTE: EDWARD J. THIS DOCUMENT WAS PREPARED SY ME, OR SONADIMAN UNDER MY DIRECTION IN CONFORMANCE WITH L.S. 7529 a THE PROFESSIONAL LAND SU R'S ACT * Exp. 12-31-09 T RIVERSIDE COUNTY FLOOD CONTROL$ EDWARD J. BONA I N, P,LS, 7529 WATER CONSERVATION DISTRICT EXP. 12-31-09 Prepared by; DMC Design Group Address: 140 N. Maple Street, Suite 704 Carona, CA 92880 GRAPHIC SCALE Scale: 1"--100' TO 0 so m0 200 Assessor's Parcel Number(s); 680-020-010. 660-020-052 Dote Exhibit Prepared: 1-9-2QQ2 1ncn• 100 n. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, ------------- Here Insert Name and Title Officerle o personally appeared 7 .,1A,, D Z) who proved to me on the basis of satisfactory evidence to be the personN whose nameA is/am subscribed to the within instrument and acknowledged to me that hells4wO" executed the same in his,44etAhair authorized L AMVAVWWVWWWW1 capacity4iE0, and that by.his/iehi*heir signature(f) on the ME GAFJ LYN ROSWELL instrument the personW, or the entity upon behalf of COMM 01851140 which the persono) acted, executed the instrument. 52 NOTARY A]iklC 9 CALIFORNIAS RNMIOE 0MM comiri9sm MAY 29.2013 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSmy hand and official seal. Signature Placc!Notary heal Above �Gignatijrc of Notary PLjhfir. OPTIONAL — Though the information below is not required by law, it may prove,valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D Ocument Title or Type of Document: Document Date Number of Pages: Signer(s) Other Than Named Above: A-'Ilrl Capacity(ies) Claimed by Signer(a) Signer's Name: ;)14 6 Signer's Name: L Individual 7 Individual I J Corporate Officer—Title(s): [I Corporate Officer- Title(s): * Partner—71 Limited L General 7 Partner—F Limited L-.l General * Attorney in Fact 7 Attorney in Fact 1.j Trustee Top of fhnjmi)hero ❑Trustee Top ul thumb borc Guardian qr Consery tar 7 Guardian or Conservator 7 7 Other: Signer Is Representing;1 Signer Is Representing: Lie sotoAve.,ro.13m24M-Clut.�orih,GA 01313 2402,w NifivnMNoer,org hem WAK)7 Rccogr.CWMH.Fn I"i A76 Riverside Cty Flood &Wtr Consery ,fie Mesquite Ave CP 94-17 AGREEMENT NO. A5217 I„ MO 7801, 01-18-06 A, COOPERATIVE AGREEMENT lE --L,27dK, __ —.— 2 (PALM SPRINGS MDP LINES 21 & 22) (Project Nos, 6-0-00321 & 6-0-00322) 3 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER 4 CONSERVATION DISTRICT, hereinafter called "DISTRICT" and the CITY OF PALM 5 6 SPRINGS, hereinafter called "CITY", hereby agree as follows: 7 RECITALS 8 A. CITY has budgeted for and plans to construct, certain stormwater 9 management facilities identified in DISTRICT'S Palm Springs Master Drainage Plan (MDP) 10 including a partial segment of"Line 21" and a segment of"Line 22". Line 21, hereinafter called 11 "LINE 21", consists of approximately 160 lineal feet of underground storm drain system as 12 shown in concept in blue on Exhibit "A" attached hereto and made a part hereof. Line 22, 13 ' 14 hereinafter called "LINE 22", consists of approximately 1,250 lineal feet of underground storm 15 drain system as shown in concept in red on Exhibit "A". Associated with the construction of 16 LINE 22 is construction of storm drain lateral Line 22-A, hereinafter called "LINE 22-A", 17 consisting of approximately 135 lineal feet of underground storm drain system as shown in 18 orange on Exhibit "A". LINE 22 and LINE 22-A are hereinafter altogether called "PROJECT"; 19 and 20 21 B. The proposed PROJECT includes integral and critical segments of 22 DISTRICT'S Palm Springs Master Drainage Plan and continues the orderly development of 23 CITY'S drainage and stormwater management infrastructure. CITY and DISTRICT anticipate 24 that the remaining downstream segment of LINE 21, consisting of approximately 2,600 lineal 25 feet of underground storm drain, and the remaining downstream segment of LINE 22, consisting 26 of approximately 2,000 lineal feet of underground storm drain, will be constructed at a later date 27 28 pursuant to a separate Cooperative Agreement(s) by and between CITY and DISTRICT; and - I - 7 •7.c�a� . 102142 13 C. Acting as Lead Agency pursuant to the California Environmental Quality 1 2 Act (CEQA), CITY has prepared a Mitigated Negative Declaration analyzing PROJECT'S 3 impact upon the environment and identifying those mitigation measures necessary to minimize 4 the extent of those impacts; and 5 D. CITY desires DISTRICT to ultimately accept ownership and 6 responsibility for operation and maintenance of PROJECT and LINE 21; however, it is mutually 7 understood and agreed that DISTRICT will not assume ownership and responsibility for the 8 operation and maintenance of LINE 21 until such time as construction of the downstream 9 10 segment(s) is completed and accepted by DISTRICT pursuant to the terms of one or more I I separate Cooperative Agreements; mid 12 E. DISTRICT desires CITY to accept ownership and sole responsibility for 13 PROJECT'S associated overflow structures, dry wells, catch basins, inlets and connector pipes 14 and laterals, hereinafter called "APPURTENANCES". Additionally, it is mutually understood 15 and agreed that CITY shall assume ownership and sole responsibility for the operation and 16 maintenance of PROJECT until such time as PROJECT is accepted by DISTRICT as set forth 17 18 herein; and 19 F. DISTRICT is willing to: (i) review and approve, at its own expense, 20 PROJECT, LINE 21 and APPURTENANCES plans and specifications, hereinafter called 21 "IMPROVEMENT PLANS", in accordance with DISTRICT and CITY standards, (ii) perform, 22 at its own expense, periodic inspections of LINE 21 and PROJECT construction for quality 23 24 control purposes, (iii) grant CITY the necessary rights to operate and maintain ' 25 APPURTENANCES within DISTRICT'S right of way and (iv) accept ownership and 26 responsibility for the operation and maintenance of PROJECT improvements upon (i) 27 completion of PROJECT construction and (ii) transfer to DISTRICT of all necessary rights of 28 way and engineering documentation as set forth herein; and - 2 - 102142_13 G. CITY is willing to: (i) prepare "IMPROVEMENT PLANS", (ii) secure all 1 2 right of way and regulatory permits necessary to construct, inspect, operate and maintain 3 PROJECT and LINE 21, (iii) advertise and administer PROJECT and LINE 21 construction 4 contract, (iv) pay all costs associated with PROJECT'S and LINE 21's design and construction, 5 (v) perform all required environmental studies and obtain all necessary regulatory permits, (vi) 6 accept ownership and sole responsibility for the operation and maintenance of LINE 21 and 7 APPURTENANCES, and (vii) accept ownership and sole responsibility for the operation and 8 maintenance of PROJECT until such time as DISTRICT accepts PROJECT for ownership, 9 10 operation and maintenance as provided herein; and 1 I H. DISTRICT and CITY acknowledge that PROJECT and LINE 21 are public 12 improvements ancillary, complementary, and necessary to CITY'S street rights-of-way in that 13 such public improvements minimize flooding along CITY'S street rights-of-way, reduce the 14 hazards caused by flooding, and preserve the ability of the traveling public to safely use CITY'S 15 street rights-of-way; and 16 1. It is in the best interest of the public to proceed with the constriction of 17 18 PROJECT at the earliest possible date. 19 NOW, THEREFORE, the parties hereto mutually agree as follows: 20 SECTION I 21 CITY shall: 22 1. Pursuant to CEQA, assume Lead Agency role and responsibility for 23 preparation, circulation and adoption of all necessary and appropriate CEQA documents 24 25 pertaining to the construction, operation and maintenance of PROJECT. 26 2. Prepare, or cause to be prepared, IMPROVEMENT PLANS in accordance 27 with CITY and DISTRICT standards. 28 3 - 102142 13 3. Obtain all necessary rights of way, rights of entry and temporary 1 2 construction easements necessary to construct, operate and maintain PROJECT. 3 4. Obtain all necessary permits, approvals or agreements required by any ' 4 Federal or State resource or regulatory agencies pertaining to the construction, operation and 5 maintenance of PROJECT. Such documents, hereinafter called "REGULATORY PERMITS", 6 may include, but are not limited to, a Section 404 permit issued by USACOE, a Section 401 7 Water Quality Certification issued by the California Regional Water Quality Control Board 8 (CRWQCB), a Section 1601 Streambed Alteration Agreement issued by the California 9 10 Department of Fish and Game and National Pollutant Discharge Elimination System Permits 11 issued by the State Water Resources Control Board or CRWQCB. 12 5. Prior to advertising for bids, provide DISTRICT an opportunity to review 13 and approve all REGULATORY PERMITS. 14 6. Prior to awarding a public works construction contract for PROJECT, 15 provide DISTRICT an opportunity to review and approve IMPROVEMENT PLANS. 16 17 7. Construct PROJECT, LINE 21 and APPURTENANCES pursuant to a 18 CITY administered construction contract, in accordance with IMPROVEMENT PLANS 19 approved by CITY and DISTRICT, and pay all costs associated therewith. 20 8. Furnish, or cause its construction manager to frnish, all construction 21 survey and materials testing services necessary to construct PROJECT, LINE 21 and 22 APPURTENANCES. 23 9. Provide DISTRICT with written notice that CITY has awarded a 24 25 construction contract for PROJECT and LINE 21. 26 10. Prior to commencing PROJECT construction, furnish DISTRICT with the 27 original IMPROVEMENT PLANS and assign their ownership to DISTRICT. 28 - 4 - 102142_13 It. Not permit any change to or modification of the IMPROVEMENT PLANS 1 2 without the prior written permission and consent of DISTRICT. 3 12. Prior to commencing PROJECT construction, CITY shall schedule and 4 conduct a mandatory pre-construction meeting between CITY, CITY'S construction manager, 5 CITY'S construction contractor(s), DISTRICT and other affected entities. CITY shall notify 6 DISTRICT (Attention: Dale Anderson) in writing at least twenty (20) days prior to conducting 7 the pre-constriction meeting. 8 13. Require its PROJECT construction contractor(s) to procure and maintain 9 10 comprehensive liability insurance which shall protect DISTRICT and County of Riverside from 11 claims for damages for personal injury, including accidental or wrongful death, as well as from 12 claims for property damage, which may arise from CITY'S construction of PROJECT or the 13 performance of its obligations hereunder, whether such construction or performance be by CITY, 1 14 the aforementioned construction contractor(s), or any subcontractors to said construction 15 contractor(s), or by anyone employed directly or indirectly by said construction contractor(s) or 16 17 subcontractors. Such insurance shall provide for coverage limits of not less than two million ' 18 dollars ($2,000,000) per occurrence and shall name DISTRICT and County of Riverside as 19 additional insureds with respect to this Agreement and the obligations of CITY hereunder. Said 20 insurance coverage shall be provided by an insurance company licensed to transact insurance 21 business in the State of California, and shall be evidenced by a certificate (or certificates) of 22 insurance indicating that the insurance is in full force and effect and that DISTRICT and County 23 of Riverside are named as additional insureds. Said certificate(s) of insurance shall contain the 24 25 covenant of the insurance carrier(s)that thirty (30) days written notice shall be provided to CITY 26 and DISTRICT prior to any modification, cancellation, or reduction in coverage of said 27 insurance. 28 - 5 - 102142_13 Prior to CITY issuing a Notice to Proceed to its construction contractor(s) 1 2 to begin construction of PROJECT, an original certificate of insurance evidencing the required 3 insurance coverage shall be provided to DISTRICT. 4 14. [This Section Intentionally Left Blank.] 5 15. Require its construction contractor(s) to comply with all Cal/OSHA safety 6 regulations, including regulations concerning confined space, and maintain a safe working 7 environment for all CITY and DISTRICT employees on the site. 8 16. Require its construction contractor to furnish DISTRICT a confined space 9 10 procedure specific to PROJECT. The procedure shall comply with requirements contained in 11 California Code of Regulations, Title 8, Section 5158, Other Confined Space Operations, Section 12 5157, Permit Required Confined Space and DISTRICT confined Space Procedures, SOM-18. 13 The procedure shall be provided to DISTRICT no less than 20 days prior to requesting that 14 DISTRICT perform a final inspection for acceptance of PROJECT. The procedure shall be 15 reviewed and approved by DISTRICT prior to conducting the final inspection. 16 17 17. Upon completion of construction of PROJECT but prior to DISTRICT 18 acceptance of PROJECT, convey, or cause to be conveyed to DISTRICT, flood control 19 easement(s), including ingress and egress, in a form approved by DISTRICT, to the rights of way 20 as shown in concept cross-hatched in red on Exhibit "B" attached hereto and made a part hereof. 21 18. At the time of recordation of the conveyance document(s) as set forth in 22 Section I.17., furnish DISTRICT with policies of title insurance, each in the amount of not less 23 24 than fifty percent (50%) of the estimated fee value, as determined by DISTRICT, for each 25 easement parcel to be conveyed to DISTRICT, guaranteeing DISTRICT'S interest in said 26 property as being free and clear of all liens, encumbrances, assessments, casements, taxes and 27 leases (recorded or unrecorded), except those which, in the sole discretion of DISTRICT, are 28 acceptable. - 6 - 102142 13 19. Upon completion of PROJECT construction but prior to DISTRICT'S 1 2 acceptance of PROJECT for ownership, operation and maintenance, provide DISTRICT with 3 appropriate engineering documentation necessary to establish that PROJECT was constructed in 4 accordance with the CITY and DISTRICT approved IMPROVEMENT PLANS. 5 20. Assume ownership and sole responsibility for the operation and 6 maintenance of LINE 21 and APPURTENANCES. 7 21. Assume ownership and sole responsibility for the operation and 8 maintenance of PROJECT until such time as DISTRICT accepts ownership and responsibility ' 9 for the operation and maintenance of PROJECT as set forth herein. 10 11 22. Within two weeks of completing PROJECT construction, provide 12 DISTRICT with written notice (Attention: Contract Administration Section) that PROJECT 13 construction is substantially complete and requesting that DISTRICT conduct a final inspection 14 of PROJECT. 15 23. Upon completion of construction of PROJECT, but prior to acceptance of 16 17 PROJECT for ownership, operation and maintenance, CITY'S civil engineer of record or 18 construction civil engineer of record, duly registered in the State of California, shall provide 19 DISTRICT a redlined "as-built" copy of IMPROVEMENT PLANS. After DISTRICT approval 20 of the redlined "as-built" drawings, CITY'S engineer shall schedule with DISTRICT a time to 21 transfer the redlined changes onto DISTRICT'S original mylars at DISTRICT'S office, after 22 which the engineer shall review, stamp and sign IMPROVEMENTS PLANS "AS-BUILT". 23 24. Accept sole responsibility for the adjustment of all PROJECT manhole 24 25 rings and covers located within CITY rights of way which must be performed at such time(s)that 26 the finished grade along and above the underground portions of PROJECT is improved,repaired, 27 replaced or changed. It being further understood and agreed that any such adjustments shall be 28 performed at no cost to DISTRICT. - 7 - 102142_13 SECTION II 1 DISTRICT shall: 2 3 1. Acting as a Responsible Agency under CEQA and take all necessary and 4 appropriate action to comply with CEQA. 5 2. At its sole cost and expense, review and approve all necessary 6 REGULATORY PERMITS prior to CITY advertising for bids. 7 3. At its sole cost and expense, review and approve IMPROVEMENT PLANS 8 prior to CITY'S award of the PROJECT construction contract. 9 10 4. At its sole cost and expense, conduct periodic inspections of PROJECT for 11 quality control purposes. 12 5. Accept sole responsibility for ownership, operation and maintenance of 13 PROJECT upon (i) completion of PROJECT construction, (ii) transfer of the rights of way as set 14 forth in Section I.17., (iii) receipt of appropriate engineering documentation as set forth in 15 Section I.19., and (iv)receipt of"as-built" construction drawings as set forth in Section I.23. 16 6. Upon DISTRICT'S acceptance of PROJECT construction as being 17 18 complete, provide CITY with a reproducible duplicate copy of the "as-built" IMPROVEMENT 19 PLANS. 20 SECTION III 21 It is further mutually agreed: 22 1. Except as otherwise provided herein, all construction work involved with 23 PROJECT shall be inspected by CITY and shall not be deemed complete until approved and 24 25 accepted as complete by CITY. 26 2. DISTRICT personnel may observe and inspect all work being done on 27 PROJECT, but shall provide any comments to CITY personnel who shall be solely responsible 28 for all communications with its construction contractor(s). - 8 - 102142_13 3. Each party, as to any claim or liability arising out of any act or omission 1 2 with reference to any work to be performed by or authority delegated to such party as a result of 3 this Agreement, shall save, defend, indemnify and hold harmless the other party and its officers 4 and employees from all liability for death or injury to person, or damage to property, or claim 5 therefore. CITY shall require its prime contractor to include DISTRICT as an additional insured 6 under the liability insurance coverage required by CITY'S construction contract for PROJECT. 7 4. Any notices sent or required to be sent to either party shall be mailed to the 8 9 following addresses: 10 RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS AND WATER CONSERVATION DISTRICT Post Office Box 2743 11 1995 Market Street Palm Springs, CA 92263-2743 Riverside, CA 92501 Arin: David J. Barakian 12 13 5. If any provision of this Agreement is held by a court of competent 14 jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless 15 continue in full force without being impaired or invalidated in any way. 16 6. This Agreement is to be construed in accordance with the laws of the State 17 of California. 18 7. This Agreement is the result of negotiations between the parties hereto and 19 with the advice and assistance of their respective counsel. No provision contained herein shall 20 21 be construed against DISTRICT solely because, as a matter of convenience, it prepared this 22 Agreement in final form. 23 8. Any waiver by DISTRICT or CITY of any breach by the other of any one or 24 more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or 25 other breach of the same or of any other term thereof. Failure on the part of DISTRICT or CITY 26 to require from the other exact, frill and complete compliance with any terms of this Agreement 27 28 shall not be construed as in any manner changing the terms hereof, or estopping DISTRICT or - 9 - 102142_13 CITY from enforcement hereof. 1 2 9. This Agreement is intended by the parties hereto as their final expression 3 with respect to the matters herein, and is a complete and exclusive statement of the terms and 4 conditions thereof. This Agreement shall not be changed or modified except by the written 5 consent of both parties hereto. 6 10. This Agreement may be executed and delivered in any number of 7 counterparts or copies, hereinafter called "COUNTERPART", by the parties hereto. When each 8 9 party has signed and delivered at least one COUNTERPART to the other parties hereto, each 10 COUNTERPART shall be deemed an original and, taken together, shall constitute one and the 11 same Agreement, which shall be binding and effective as to the parties hereto. 12 H 13 14 15 16 17 18 19 20 I 21 I 22 I 23 24 25 I I 26 I 27 I 28 10 - 102142_13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement 1 on 2 /( (to be filled in by'elcrk of the Board) 3 RECOMMENDED FOR APPROVAL>ij RIVERSIDE COUNTY FLOOD CONTROL 4 ;r:;, AND WATER CONSERVATION DISTRICT 5 �i. f��� CGS �J� By 'L. 6 WARREN D. WILLIAMS MARION ASHLEY, Chairman General Manager-Chief Engineer Riverside County Flood Control and Water 7 Conservation District Board of Supervisors 8 APPROVED AS TO FORM: ATTEST: 9 JOE S. RANK NANCY rERO10 County Con el Clerk t.11 By By ✓'a�x,� NEA KIPNIS 12 Deputy Dep, 13 Dated: (5i AL) 14 15 16 I 17 RECOMMEND FOR APPROVAL: CITY OF PALM SPRINGS 18 19 DAVID J. BARAKIAN DAVID H. READY Director of Public Works/City Engineer City Manager / i 20 ;3/,- 21 AAPPROr By D`�S TO FORM: ATTEST: L � � f 22 "'= DOUGLAS C. HOLLAIND ES THOMPSON 23 City Attorney !L) Clerk 24 S APPROVED BY CITYCOUNC1 25 L1\0 ' su1 26 27 Cooperative Agreement: Palm Springs MDP Line 21, Line 22 28 JPS:MHW:blj - 11 - i I Exhibit A i RED I AVENIDA PASEO CALLS VELLE ROAD LA EVELITA DE D\ TEO SANTA CRUZ i NUEVA VISTA DRIVE B' ORANGE i 1 o Q` ���' _ RED IT e PROD STORM DRAIN LINE 22 { I � DDD I r I I r f � I NITS WASTE WATER CHANNEL �. •_ I I I Cooperative Agreement Project Nos. 6-0-0321 & 6-0-0322 1/3 Exhibit A I I I I I I I PASEO CALLE VELLE ROAD I LA VEVELITA DE DORQTEO SANTA CRUZ NUEVA VISTA DRIVE I Q. I I I BLUE A VEn�' I ryN o F I I T I I s � N I STORlA DRAIN UN 21 I ' (FUTURE-NOT IN ONTRACT) 1 I i NTS � o — WASTE WATER CHANNEL CCco o Cooperative Agreement Project Nos. 6-0-00321 & 6-0-00322 2/3 I Exhibit A MORONGO VALLEY DESERT HOT SPRINGS 82 CABAZON 111 10 PALM THOUSAND PALMS PROJECT SPRINGS 24 LOCATION CATHEDRAL CITY RANCHO MIRAGE 74 O O PALM DESERT INDIO O O COACHELLA LA QUINTA 371 VICINITY MAP NTS Cooperative Agreement Project Nos. 6-0-00321 & 6-0-00322 3/3 Exhibit B lZ 3Nn _ z9sa+ad VIS_ TWO WFOIS ON3 I � z I I I >�Y'�SFi lb53n 3- - I w 8:d I Ic � 11 11 °� I 36� I1 II Q 11 II mi' I p _____ jam' II oWN rv� I W to � II o II 11 � II Q �/`IYOM 6+S y g�ya O fill r � v oFFj �i O`V 00 a` � L Cooperative Agreement Project Nos. 6-0-00321 & 6-0-00322 1/2 Exhibit B 1 I I IT z v_ — 1. a —_—__ _—_—_—_ —_356 W m ¢VELU RD ND'07'22•W 355 559 z � OOLF 35 i f STORM F§D" GRAIN f q 359]4{ h 352.00E 'tl z SO h M } 363 tV �65. STA 25+50.00 MATCH LINE �365 15 1 I5' I �\ 54•STORM OQ OF CU.PJE DATA a �E OF fIRIE DATA 4,0 CF U klE OAP /z, DRAIN R=50.00 =50, o ,CO' 0.0 LINE YY-A T=21.28' T=5.0 PT-N 9919.85 �10. Oh L=T. 0' L-e.W' 36< m ]H.04 PT-N 9fE.H PT=E 24.69 N 9945 4 li E 9356A8 ]]. 3111 3fi3 —_ 362 z W o ________________ ® z 6 ] _________________ 6 __ _ _ _ _ .... _ _ __ U o -- _ u Y3 4_ 50 OOLF - o e4 'fig ce Q - CULX 3�2 aw= pp eo•sroRm, A1N 7 364 36y I 365 ¢54•STORM DRAIN Nd9'51'20 Y. I fL 48• OR D I 10 m u w 4N0E 00�lD 2 _ W � _ / e�2B � z ELECTRICAL 1_� J6 36p J y + © e 2 WATER a 12-WATER ---6�.s�----nti— h — ESOU VAVE_ — 49"STORM DRAIN --- --H:B9'S+'2B- 2o- ---.______ _ u O } x 2•NAN /L o N e ZiEI£PHOME ICI 11 �I B6[e I 95c1. h I 5 F N Cooperative Agreement Project Nos. 6-0-00321 & 6-0-00322 2/2 ?At AA J M E M O R A N D U M 'sFxtsv"• ��jlFG7R�'� TO: Marcus Fuller Assistant Engineer FROM: `/,', I Kathie Hart `4W Chief Deputy City Clerk DATE: January 24, 2006 SUBJECT: Riverside County Flood Control &Water Conservation District CP 94-17 - Mesquite Avenue Improvements A5217 cc: File Attached are four copies of the above referenced agreement signed by the City Manager and City Clerk. Please forward the agreements to Riverside County Flood Control and Water Conservation for execution, and request a fully executed copy be returned to our office for our ' miles. Please feel free to contact me if there are any questions, ext. 8206. /kdh i attach. i I I I I CONTRACT ABSTRACT 4 Originals: Contract Contract Company Name: Riverside Co Flood Control & Water Conservation District Company Contact: Mark Wills Summary of Services: CP#94-17 Mesquite Avenue Improvements Contract Price: N/A Funding Source: N/A Contract Term: Until Project is Accepted by RCFCD Contract Administration Lead Department: Public Works & Engineering Contract Administrator: David Barakian/Marcus Fuller Contract Approvals Council/ Agency Approval Date: January 18, 2006 Minute Order/Resolution Number: MO# Aso I • Agreement Number: A# P11 i i i I I Contract Compliance j Exhibits: Signatures: Insurance: I Bonds: I I I I Contract prepared by: I Submitted on: �a " By: l•t�.® I I I I I I WARREN D.WILLIAMS 00TT F1, 1995 MARKET STREET General Manager-Chief Engineer Q5�°� g RIVERSIDE,CA 92501 m 951.955,1200 951.788,996588.9965 FAX a n�NdeRvnilo8°1SR 104304_3 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT rr January 9, 2006 n�'U (�J Mr. Marcus Fuller Assistant Public Works Director/Assistant City Engineer '4 Fie 14 Ll pt p i�p R, City of Palm Springs 6'`�6F9Pi9 Post Office Box 2743 Palm Springs, CA 92263-2743 Dear Mr. Fuller: Re: Cooperative Agreement Palm Spring MDP Lines 21 & 22 Project Nos. 6-0-0321 & 6-0-0322 Enclosed for execution by the City of Palm Springs are four original copies of the referenced cooperative agreement. The agreement sets forth the terms and conditions by which the referenced facilities are to be constructed by the City and accepted by the District for ownership, operation and maintenance. Following the City's approval, please return all four copies of the agreement to this office for processing to the District's Board of Supervisors. A fully executed copy will be returned for your file. Please do not hesitate to contact Jerry Scheppel at 951.955.2878 or me at 951.955.1282 if you have any questions or require additional information concerning either the agreement or the project. Thank you for your assistance. Very truly yours, MARK H. WILLS Senior Civil Engineer Enclosure I c: Don Delgadillo Dale Anderson Ami Urista . MHW:JPS:blj i i I I I I