HomeMy WebLinkAboutA4684 - AGUA CALIENTE BAND CAHUILLA INDIANS COUNTY FLOOD WATER CONTROL MASTER DRAINAGE PLAN Agua Caliente Band of Cahuilh
Indians — Cooperative Agr
AGREEMENT #4684
1 COOPERATIVE AGREEMEN M07285, 4-16-03
PALM SPRINGS MASTER DRAINAGE PLAN LATERAL 15A=STAGE 1 --
2 (PROJECT NO. 6-0-0221)
3
4 The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
5 DISTRICT, hereinafter called "DISTRICT", the CITY OF PALM SPRINGS, hereinafter called "CITY",
6 and the AGUA CALIENTE BAND OF CAI UILLA INDIANS, a public agency hereinafter called
r
7 "TRIBE",hereby agree as follows:
8 RECITALS
9 A. In conjunction with CITY'S approval of Planned Development District No. 232,
10 TRIBE is proposing to construct certain storm drain facilities in order to provide flood protection and
11 drainage for TRIBE'S planned expansion of its Spa Resort Casino located in Palm Springs, California;
12 and
13 B. Pursuant to City of Palm Springs Case No. 5.0667 — PD — 232, TRIBE must
14 construct approximately 1,224 lineal feet of 42-inch underground concrete pipe, hereinafter together
15 called "PROJECT", as shown in concept in red on Exhibit "A", attached hereto and made a part hereof.
16 PROJECT is identified as Lateral 15A of the DISTRICT'S Palm Springs Master Drainage Plan (MDP)
17 and connects with and drains into DISTRICT'S existing Palm Springs MDP Line 15; and
18 C. Included with the construction of PROJECT is the construction of approximately
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647 feet of 36-inch underground pipe, along with the construction of associated catch basin inlets and
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connector pipes located within CITY rights of way and hereinafter altogether called
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"APPURTENANCES"; and
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D. TRIBE and CITY desire DISTRICT to accept ownership and responsibility for the
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operation and maintenance of PROJECT, therefore, DISTRICT must review and approve TRIBE'S plans
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and specifications for PROJECT, and subsequently inspect the construction of PROJECT; and
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E. PROJECT and APPURTENANCES are to be constructed within existing CITY
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27 right of way, therefore, CITY must review and approve TRIBE'S plans and specifications for PROJECT
28 and APPURTENANCES; and
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JUN 0 3 2003 ��
I F. DISTRICT is willing to (i) review and approve plans and specifications prepared
2 by TRIBE for PROJECT and APPURTENANCES, (ii) inspect the construction of PROJECT and
3 APPURTENANCES and (iii) accept ownership and responsibility for the operation and maintenance of
4 PROJECT, provided TRIBE (i) pays DISTRICT the amounts specified herein to cover DISTRICT'S costs
5 for plan review, construction inspection, and the preparation and administration of this Agreement, (ii)
6 constructs PROJECT in accordance with the provisions of this Agreement and CITY and DISTRICT
7 approved plans and specifications, (iii) accepts ownership and sole responsibility for the operation and
8 maintenance of PROJECT and APPURTENANCES until such time as DISTRICT accepts ownership and
q responsibility for the operation and maintenance of PROJECT and CITY accepts ownership and
10 responsibility for the operation and maintenance of APPURTENANCES as provided herein and (iv)
11 obtains all necessary permits to construct PROJECT and APPURTENANCES; and
12 G. CITY is willing to (i) review and approve plans and specifications prepared by
13 TRIBE for PROJECT and APPURTENANCES, (ii) grant DISTRICT the right to inspect, construct,
14 operate and maintain PROJECT within CITY rights of way, (iii) issue an encroachment permit to TRIBE
15 or its contractor to construct PROJECT and APPURTENANCES within CITY rights of way and (iv)
16 accept ownership and responsibility for the operation and maintenance of APPURTENANCES, provided
17 PROJECT is constructed in accordance with plans and specifications approved by DISTRICT and CITY;
18 and
19 H. In conjunction with construction of PROJECT and APPURTENANCES, TRIBE is
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willing to(i)require its contractor to furnish faithful performance and payment bonds and hold said bonds
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as provided herein, (ii) retain at its sole cost and expense, a qualified geotechnical or soils engineering
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firm to perform all necessary materials testing and certify backfill compaction (iii) furnish CITY and
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DISTRICT with original copies of all materials testing reports and (iv) upon completion of construction,
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provide DISTRICT and CITY with a copy of the recorded Notice of Completion for PROJECT and
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APPURTENANCES.
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NOW, THEREFORE,the parties hereto mutually agree as follows:
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I SECTION I
2 TRIBE shall:
3 1. Prepare or cause to be prepared plans and specifications for PROJECT and
4 APPURTENANCES, hereinafter called "IMPROVEMENT PLANS", in accordance with DISTRICT and
5 CITY standards and submit IMPROVEMENT PLANS to DISTRICT and CITY for their review and
6 approval.
7 2. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic
8 billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by DISTRICT to
9 cover DISTRICT'S costs associated with the review and approval of IMPROVEMENT PLANS and the
10 preparation and administration of this Agreement.
11 3. Deposit with DISTRICT, at the time of providing written notice to DISTRICT of
12 the start of PROJECT construction as set forth in Section I.7. herein, the estimated cost of providing
13 construction inspection for PROJECT, in an amount as determined and approved by DISTRICT in
14 accordance with Ordinance Nos. 671 and 749 of the County of Riverside, including any amendments
15 thereto, based upon the bonded value of PROJECT facilities to be inspected, operated and maintained by
16 DISTRICT.
17 4. Prior to commencing PROJECT construction, obtain at its sole cost and expense,
18 all necessary licenses, agreements, permits and rights of entry, including those required by CITY, as
19 needed for the construction, inspection, operation and maintenance of PROJECT and
20 APPURTENANCES.
21 5. Prior to commencing PROJECT construction, retain at its sole cost and expense, a
22 qualified geotechnical or soils engineering firm. Said finn, which shall be duly licensed in the State of
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California to perform professional material testing services, shall perform all materials testing necessary
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to demonstrate that PROJECT and APPURTENANCES have been constructed in conformance with the
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DISTRICT and CITY approved IMPROVEMENT PLANS. Original copies of all materials testing
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reports shall be furnished to DISTRICT and CITY as provided herein.
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1 6. Obtain at its sole cost and expense, faithful performance and payment bonds, each
2 in the amount of 100% of the estimated cost for construction of PROJECT and APPURTENANCES as
3 determined by DISTRICT. The surety, amount and form of the bonds shall be subject to the approval of
4 DISTRICT and CITY. The bonds shall be held by TRIBE and remain in full force and effect until such
5 time as PROJECT and APPURTENANCES are accepted as complete by DISTRICT and CITY,
6 respectively; at which time the bond amount may be reduced to 10% for a period of one year to guarantee
7 against any defective work, labor or materials.
8 7. Notify DISTRICT in writing (Attention — Mark H. Wills), at least five (5) days
9 prior to the start of PROJECT constriction. Construction shall not begin on PROJECT, for any reason
10 whatsoever, until (i) DISTRICT has issued to TRIBE a written Notice to Proceed authorizing TRIBE to
11 initiate construction and(ii)CITY has issued TRIBE an encroachment permit for PROJECT construction.
12 8. Furnish DISTRICT, at the time of providing written notice to DISTRICT of the
13 start of construction as set forth in Section L7. herein, with a complete list of all contractors and
14 subcontractors to be performing work on PROJECT, including the corresponding license number and
15 license classification of each. At such time, TRIBE shall further identify in writing its designated
16 superintendent for PROJECT construction.
17 9. Furnish DISTRICT, at the time of providing written notice to DISTRICT of the
18 start of construction as set forth in Section I.7. herein, a constriction schedule which shall show the order
19 and dates in which TRIBE or TRIBE'S contractor proposes to carry on the various parts of work,
20 including estimated start and completion dates. As the construction progresses, TRIBE or its contractor
21 shall update said construction schedule upon request.
22 10. Furnish DISTRICT with the final mylar IMPROVEMENT PLANS and assign
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their ownership to DISTRICT prior to the start of PROJECT construction.
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11. Not permit any change to or modification of IMPROVEMENT PLANS without
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the prior written permission and consent of DISTRICT and CITY.
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1 12. Comply with all Cal/OSHA safety regulations, including regulations concerning
2 confined space, and maintain a safe working environment for TRIBE, CITY and DISTRICT employees
3 on the site.
4 13. Furnish DISTRICT, at the time of providing written notice to DISTRICT of the
5 start of construction as set forth in Section I.7. herein, a confined space procedure specific to PROJECT.
6 The procedure shall comply with requirements contained in California Code of Regulations, Title 8,
7 Section 5158, Other Confined Space Operations, Section 5157, Permit Required Confined Space and
8 DISTRICT confined Space Procedures, SOM-18. The procedure shall be reviewed and approved by
9 DISTRICT prior to the issuance of a Notice to Proceed.
10 14. Construct, or cause to be constructed, PROJECT and APPURTENANCES at
11 TRIBE'S sole cost and expense in accordance with IMPROVEMENT PLANS approved by DISTRICT
12 and CITY.
13 15. During the construction period of PROJECT and APPURTENANCES, require its
14 contractor(s) to maintain Workers' Compensation Insurance in an amount required by law. A certificate
15 of said insurance policy(ies) shall be provided to DISTRICT and CITY at the time of providing written
16 notice to DISTRICT of the start of construction as set forth in Section 1.7. herein.
17 16. At the time of providing written notice to DISTRICT of the start of construction as
18 set forth in Section L7. herein and continuing until DISTRICT accepts PROJECT as complete for
19 ownership, operation and maintenance:
20 (a) Provide and maintain or cause its contractor(s) to provide and
21 maintain comprehensive liability insurance coverage which shall
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protect TRIBE from claim from damages for personal injury,
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including accidental and wrongful death, as well as from claims for
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property damage which may arise from TRIBE'S construction of
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PROJECT or the performance of its obligations hereunder, whether
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such construction or performance be by TRIBE, by any of its
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contractors, subcontractors, or by anyone employed directly or
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indirectly by any of them. Such insurance shall name DISTRICT,
2 the County of Riverside and CITY as additional insureds with
3 respect to this Agreement and the obligations of TRIBE hereunder.
4 Such insurance shall provide for limits of not less than two million
5 dollars($2,000,000)per occurrence.
6 (b) Cause its insurance carrier(s) or its contractor's insurance carrier(s),
7 who shall be authorized by the California Department of Insurance
8 to transact the business of insurance in the State of California, to
9 furnish DISTRICT and CITY at the time of providing written notice
10 to DISTRICT of the start of construction as set forth in Section I.7.
11 herein, with certificate(s) of insurance and applicable policy
12 endorsements showing that such insurance is in full force and effect
13 and that DISTRICT, the County of Riverside and CITY are named
14 as additional insureds with respect to this Agreement and the
15 obligations of TRIBE hereunder. Further, said certificate(s) shall
16 state that the issuing company shall give DISTRICT and CITY sixty
17 (60) days written notice in the event of any cancellation,
18 termination, non-renewal or reduction in coverage of the policies
19 evidenced by the certificate(s). In the event of any such
20 cancellation, termination, non-renewal or reduction in coverage,
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TRIBE shall, forthwith, secure replacement insurance meeting the
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provision of this paragraph.
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Failure to maintain the insurance required by this paragraph shall be deemed a
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material breach of this Agreement and shall authorize and constitute authority for DISTRICT, at its sole
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discretion,to proceed to perform the remaining work pursuant to Section IV.3.herein.
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17. Accept ownership and sole responsibility for the operation and maintenance of
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PROJECT and APPURTENANCES, until such time as DISTRICT accepts ownership and sole
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I responsibility for operation and maintenance of PROJECT and CITY accepts ownership and sole
2 responsibility for the operation and maintenance of APPURTENANCES. Further, it is mutually
3 understood by the parties hereto that prior to DISTRICT acceptance of ownership and responsibility for
4 the operation and maintenance of PROJECT as set forth herein, PROJECT shall be in a satisfactorily
5 maintained condition as solely determined by DISTRICT.
6 18. Upon completion of construction of PROJECT,but prior to DISTRICT acceptance
7 of PROJECT for ownership, operation and maintenance, TRIBE'S civil engineer of record or construction
8 civil engineer of record, duly registered in the State of California, shall provide to DISTRICT a redlined
g "as-built" copy of IMPROVEMENT PLANS. After DISTRICT approval of the redlined drawings,
10 TRIBE'S engineer shall schedule with DISTRICT a time to transfer the redlines on to DISTRICT'S
11 original IMPROVEMENT PLANS at DISTRICT'S office, after which the engineer shall review, stamp
12 and sign PROJECT plans "AS-BUILT".
13 19. Pay, if suit is brought upon this Agreement or any bond guaranteeing the
14 completion of PROJECT, all costs and reasonable expenses and fees, including reasonable attorneys' fees,
15 and acknowledge that, upon entry of judgment, all such costs, expenses and fees shall be computed as
16 costs and included in any judgment rendered.
17 20. Record a Notice of Completion for PROJECT and APPURTENANCES with the
18 County Clerk, County of Riverside, California, within thirty (30) calendar days of determination of
19 substantial completion as mutually determined by TRIBE, CITY and DISTRICT.
20 21. Furnish DISTRICT and CITY with copies of the duly recorded Notice of
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Completion prior to requesting acceptance of PROJECT and APPURTENANCES by DISTRICT and
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CITY,respectively.
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SECTION II
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DISTRICT shall:
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1. Review and approve IMPROVEMENT PLANS prior to the start of PROJECT
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construction.
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1 2. Provide CITY an opportunity to review and approve IMPROVEMENT PLANS
2 prior to DISTRICT'S final approval.
3 3. Inspect the construction of PROJECT and APPURTENANCES.
4 4. Keep an accurate accounting of all DISTRICT costs associated with the review and
5 approval of IMPROVEMENT PLANS and the processing and administration of this Agreement.
6 5. Following DISTRICT and CITY approval of IMPROVEMENT PLANS and upon
7 receipt of all necessary items for issuance of a Notice to Proceed as set forth in Section I hereto, issue a
8 Notice to Proceed to TRIBE'S construction contractor in an expeditious manner.
9 6. Keep an accurate accounting of all DISTRICT construction inspection costs, and
10 within sixty (60) days after DISTRICT acceptance of PROJECT as being complete, submit a final cost
11 statement to TRIBE. If the deposit, as set forth in Section I.3. herein, exceeds such costs, DISTRICT
12 shall reimburse TRIBE the excess amount within sixty (60) days after DISTRICT acceptance of
13 PROJECT as being complete. If at any time the costs exceed the deposit or are anticipated by DISTRICT
14 to exceed the deposit, TRIBE shall pay such additional amount, as deemed reasonably necessary by
15 DISTRICT to complete PROJECT,within thirty (30)days after receipt of billing from DISTRICT.
16 7. Accept ownership and sole responsibility for the operation and maintenance of
17 PROJECT, upon (i) DISTRICT acceptance of PROJECT construction as being complete, (ii) CITY
18 acceptance of APPURTENANCES for operation and maintenance and (iii) receipt of TRIBE'S recorded
19 Notice of Completion.
20 8. Provide CITY and TRIBE a reproducible duplicate copy of the "as-built"
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IMPROVEMENT PLANS upon DISTRICT acceptance of PROJECT as being complete.
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SECTION III
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CITY shall:
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1. Review and approve IMPROVEMENT PLANS prepared by TRIBE prior to the
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start of construction of PROJECT.
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2. Review and approve the faithful performance and payment bonds furnished by
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TRIBE'S contractor as set forth in Section I.6. Provide DISTRICT with notice of its approval.
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1 3. Grant DISTRICT, by execution of this Agreement, the right to construct,
2 reconstruct, inspect, operate and maintain PROJECT within CITY rights of way as set forth herein.
3 4. Coordinate its inspection of trench backfill and pavement repair with TRIBE'S
4 contractor and materials testing firm and DISTRICT staff as provided herein.
5 5. Upon DISTRICT acceptance of PROJECT as being complete, accept ownership
6 and sole responsibility for the operation and maintenance of APPURTENANCES.
7 SECTION IV
8 It is further mutually agreed:
9 1. All work involved with PROJECT and APPURTENANCES shall be inspected by
10 DISTRICT and shall not be deemed complete until approved and accepted in writing as complete by
11 DISTRICT.
12 2. CITY and TRIBE personnel may observe and inspect all work being done on
13 PROJECT and APPURTENANCES, but shall provide any comments to DISTRICT personnel who shall
14 be solely responsible for all quality control communications with TRIBE'S contractor during the
15 construction of PROJECT.
16 3. TRIBE shall complete construction of PROJECT and APPURTENANCES within
17 twelve (12) consecutive months after execution of this Agreement and within ninety (90) consecutive
18 calendar days after commencing work on PROJECT. It is expressly understood that since time is of the
19 essence in this Agreement, failure of TRIBE to perform the work within the agreed upon time shall
20 constitute authority for DISTRICT to perform the remaining work and require TRIBE'S surety to pay to
21 CITY the penal sum of any and all bonds. In which case, CITY shall subsequently reimburse DISTRICT
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for all DISTRICT costs incurred.
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4. DISTRICT and CITY agree to complete their respective review and approval of
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IMPROVEMENT PLANS and related construction documents in an expeditious manner. Prior to
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commencing PROJECT construction, a pre-construction meeting shall be held at the DISTRICT'S offices.
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5. PROJECT construction work shall be on a five (5) day, forty (40) hour work week
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with no work on Saturdays, Sundays or DISTRICT designated legal holidays, unless otherwise approved
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I in writing by DISTRICT. If TRIBE feels it is necessary to work more than the normal forty (40) hour
2 work week or on holidays, TRIBE shall make a written request for permission from DISTRICT to work
3 the additional hours. The request shall be submitted to DISTRICT at least 72 hours prior to the requested
4 additional work hours and state the reasons for the overtime and the specific time frames required. The
5 decision of granting permission for overtime work shall be made by DISTRICT at its sole discretion and
6 shall be final. If permission is granted by DISTRICT, TRIBE will be charged the cost incurred at the
7 overtime rates for additional inspection time required in connection with the overtime work in accordance
8 with Ordinance Nos. 671 and 749, including any amendments thereto, of the County of Riverside.
9 6. TRIBE shall not request DISTRICT or CITY to accept any portion of PROJECT
10 or APPURTENANCES for operation and maintenance until PROJECT is complete in accordance with
I I Section II.7. herein.
12 7. In the event that any claim or legal action is brought against DISTRICT or CITY
13 in connection with this Agreement because of the actual or alleged acts or omissions by TRIBE, TRIBE
14 shall defend, indemnify and hold DISTRICT and CITY harmless therefrom,without cost to DISTRICT or
15 CITY. Upon TRIBE'S failure to do so, DISTRICT and CITY shall be entitled to recover from TRIBE all
16 of their respective costs and expenses, including, but not limited to, reasonable attorneys'fees.
17 8. TRIBE shall defend, indemnify and hold DISTRICT, the County of Riverside and
18 CITY, their respective officers, agents, employees and independent contractors free and harmless from
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any claim or legal action whatsoever, based or asserted, pursuant to Article I, Section 19 of the California
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Constitution,the Fifth Amendment of the United States Constitution, or any other law or ordinance which
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seeks to impose any other liability or damage whatsoever, for the design, construction or failure of
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PROJECT or from the diversion of the waters from the natural drainage patterns, save and except claims
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and litigation arising through the sole negligence or sole willful misconduct of DISTRICT or CITY.
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TRIBE shall defend DISTRICT, the County of Riverside and CITY without cost to DISTRICT, the
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County of Riverside or CITY, and upon TRIBE'S failure to do so, DISTRICT and CITY shall be entitled
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27 to recover from TRIBE all of their cost and expenditures, including, but not limited to, reasonable
28 attorneys'fees.
1 9. TRIBE for itself, its successors and assigns, hereby releases DISTRICT, the
2 County of Riverside and CITY, their respective officers, agents, and employees from any and all claims,
3 demands, actions, or suits of any kind arising out of any liability, known or unknown, present or future,
4 including, but not limited to any claim or liability, based or asserted, pursuant to Article I, Section 19 of
5 the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or
6 ordinance which seeks to impose any other liability or damage, whatsoever, for the design, construction
7 or failure of PROJECT, or the discharge of drainage within or from PROJECT. Nothing contained herein
8 shall constitute a release by TRIBE of DISTRICT or CITY, their officers, agents and employees from any
9 and all claims, demands, actions or suits of any kind arising out of any liability, known or unknown,
10 present or future, for the negligent maintenance of PROJECT and APPURTENANCES, after the
11 acceptance of PROJECT by DISTRICT and CITY, respectively.
12 10. Any waiver by the parties hereto of any breach of any one or more of the terms of
13 this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of
14 any other term hereof Failure on the part of the parties hereto to require exact, full and complete
15 compliance with any terms of this Agreement shall not be construed as in any manner changing the terms
16 hereof, or estopping the parties hereto from enforcement hereof.
17 11. If any provision in this Agreement is held by a court of competent jurisdiction to
18 be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in frill force
19 without being impaired or invalidated in any way.
20 12. This Agreement is to be construed in accordance with the laws of the State of
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California.
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13. Any and all notices sent or required to be sent to the parties of this Agreement will
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be mailed by first class mail, postage prepaid,to the following addresses:
24
RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS
25 AND WATER CONSERVATION DISTRICT 3200 E. Tahquitz Canyon Way
1995 Market Street Palm Springs, CA 92262
26 Riverside, CA 92501 Attn: David Barakian
Attn: Mark Wills
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AGUA CALIENTE BAND OF
1 CAHUILLA INDIANS
650 E. Tahquitz Canyon Way
2 Palm Springs, CA 92262
Atlas: Rob Donnels
3
4 14. Any action at law or in equity brought by any of the parties hereto for the purpose
5 of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent
6 jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of
7 law providing for a change of venue in such proceedings to any other county.
8 15. This Agreement is the result of negotiations between the parties hereto, and the
9 advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter
10 of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this
11 Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its
12 final form.
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16. The rights and obligations of TRIBE shall inure to and be binding upon all heirs,
14 successors and assignees.
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17. TRIBE shall not assign or otherwise transfer any of its rights, duties or obligations
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hereunder to any person or entity without the written consent of the other parties hereto being first
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obtained. In the event of any such transfer or assignment, TRIBE expressly understands and agrees that it
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shall remain liable with respect to any and all of the obligations and duties contained in this Agreement.
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18. By executing this Agreement, TRIBE does not waive or limit is sovereign
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immunity from unconsented suit or other judicial process, except as specifically stated herein. TRIBE
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does hereby waive that immunity, but only for the enforcement of the specific obligations expressly
22
23 undertaken by it in this Agreement, and only to the extent, and subject to all of the conditions, set forth
24 below:
25 (a) Such enforcement must be brought by either CITY or DISTRICT and
26 by no other party whatsoever.
27 (b) Such enforcement must seek either monetary relief or equitable relief,
28 including specific performance, injunctive relief or other equitable
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I relief. If monetary relief is sought, such relief is limited to payment
2 of the amounts expressly stated in this Agreement to be payable by
3 TRIBE to either CITY or DISTRICT, but not consequential or other
4 damages of any type whatsoever. If equitable relief is sought, such
5 equitable relief is limited to requiring TRIBE to take some action that
6 is has expressly agreed to take by the explicit language of this
7 Agreement, or requiring TRIBE to refrain from conduct which it
8 expressly promised not to take in the explicit language of this
9 Agreement.
10 (c) Notwithstanding subsection (b) of this paragraph limiting TRIBE'S
11 payment obligations to pay CITY and DISTRICT, TRIBE shall not be
12 excused from any of its indemnity obligations set forth in Section IV
13 of this Agreement.
14 (d) Before any action is filed, the party bringing the claim must first
15 provide a short written statement of the nature and basis for the claim
16 to TRIBE, and thereafter, within ten (10) days, an authorized
17 representative of the claimant must be available to meet in person
18 with TRIBE in an effort to resolve the dispute or claim informally.
19 (e) The action must be brought in the Superior Court of California for the
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County of Riverside.
21
19. This Agreement is intended by the parties hereto as a final expression of their
22
understanding with respect to the subject matter hereof and as a complete and exclusive statement of the
23
terns and conditions thereof and supersedes any and all prior and contemporaneous agreements and
24
understandings, oral or written, in connection therewith. This Agreement may be changed or modified
25
only upon the written consent of the parties hereto.
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20. This Agreement may be executed in counterparts, each of which shall be deemed
27
an original.
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I IN WITNESS WHEREOF,the parties hereto have executed this Agreement on
2 ' 01_1
(to be WIlecrinly the Clerk to the Board)
3
RIVERSIDE COUNTY FLOOD CONTROL
4 RECOMMEND 'D FORA/VROVAL: Al ATER CONSERVATION DISTRICT
5 ByG2F �� �� y ..
WARREN D. WILLIAMS JAMES A. VENABLE, Chairman
6 General Manager-Chief Engineer Riverside County Flood Control and Water
Conservation District Board of Supervisors
7
APPROVED AS TO FORM: ATTEST:
8
WILLIAM C. ZENSTEIN NA Y A.,RO RO
9 County Cou el f� 1I /f Cr I' to a Board
10 By —,?- - G� �d �^ _ f
FRAl<IK C.ALDRICH III Dep
11 Deputy County Counsel
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13 Dated /-fir_ 7� 3, Q 06s (SEAL)
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MHW:Iib
26 04/17/03
27 PC\81095
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1
CITY OF PALM SPRINGS
2 �
\BY�
3 DAVID H.READY
4
City Manager
APPROVED AS TO FORM: S
5 By
6 City Attorn PATRICIA A. SANDERS
7 City Clerk
8 Dated 7- —LT._ (SEAL)
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10 PC\81095
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24 u''e Cw• ''iy' '' L 5` i ;a 4 ", t `u" °1�
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1 IN WITNESS WHEREOF,the parties hereto have executed this Cooperative Agreement for Palm
2 Springs Master Drainage Plan Lateral 15A, Stage 1 (Project No. 6-0-0221) on:
3
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(to be filled in by the Cleric of the Board)
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9 AGUA CALIENTE BAND
OF CAHUILLA INDIANS
10
12 By � � L
13 CHARD M. MILANOVICH
Tribal Chairman
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(NOTARY)
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18 PC\81095
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
: .c�.c,c•.;•.^—.cr—ti
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County of
On 9 before me
care Name antl Title of Offmar(e g,"Jae Doe,Notary Pubhc")
personally appeared
Names)of Sig s) 1,
personally known to me
Ll proved to me on the basis of satisfactory
fi evidence
to be the person(/ whose namev islVe
subscribed to the within instrument and
acknowledged to me that Y /she/thy executed
the same in V4/her/thgtfir authorized
capacity(ie , and that by >L1/her/tkKir I
signature( on the instrument the personX, ors
fi the entit upon behalf of which the person�aj
fit acted, executed the instrument.
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WITNESS my hand and official seal.
Ifi
Place Notary Seal Above Signature of Nclall Pepin,
Ifi
lfi 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 Dqcumen
Title or Type of Document:I�
Document Date: Number of Pages:
fi
igner(s) Other Than Named A ve
Capacity(ies) Claimed by SignerI
Signer's Name: in
❑ Individual i'
Top of thumb here
❑ Cor or — Itle(s)'
Partner ❑ Limited ❑ General 3i
❑ Attorney in Fact �I
❑ Trustee
Ifi ❑ Guardian or Conservator
❑ Other:
f.
Signer Is Representing: I
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01999 National Naive,Association•9350 Ce Solo Ave,PO Box 2402•Chrowerth,OA91313-2402•svew,nalionalnotaryorg Prod No 5907 Reorder Call Toll-Froe 1-600-676-6627
Exhibit A
PROJECT AREA
ALEJO ROAD
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VICINTY MAP
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Palm Springs MDP Lateral 15A
Project No. 6-0-0221-01
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