HomeMy WebLinkAbout4/16/2003 - STAFF REPORTS (3) DATE: April 16, 2003
TO: City Council
FROM: Director of Public Works/City Engineer
CITY, AGUA CALIENTE BAND OF CAHUILLA INDIANS AND RIVERSIDE COUNTY
• FLOOD CONTROL & WATER CONSERVATION DISTRICT JOINT COOPERATIVE
AGREEMENT
RECOMMENDATION:
It is recommended that the City Council approve ajoint agreement between the City of Palm
Springs, the Agua Caliente Band of Cahuilla Indians, and Riverside County Flood Control
& Water Conservation District related to the design, installation and construction, and
operation and maintenance of Storm Drain Lateral 15A, Stage 1.
SUMMARY:
The City of Palm Springs recommended to the Tribal Council of the Agua Caliente Band of
Cahuilla Indians (Tribe) that Storm Drain Lateral 15A be installed as a mitigation measure
related to the construction of new buildings and parking facilities associated with the Spa
Casino project. The Tribe agreed to be responsible for the design and installation of this
storm drain facility which is part of the City's Master Plan of Drainage, administered by the
Riverside County Flood Control & Water Conservation District (RCFC).
BACKGROUND:
The City Council and Tribal Council held a joint meeting on December 5, 2002, whereupon
a Conformity Report was adopted agreeing to recommendations from City staff related to
the proposed Spa Casino development ("Conditions of Approval"), Included with the
recommendations was the design and installation of Storm Drain Lateral 15A from the City
of Palm Springs Master Drainage Plan. This Plan is administered by RCFC, who typically
is responsible for installing and maintaining all of the "Master Storm Drain Lines",with the
City responsible for maintaining"appurtenances" (i.e. storm drain lines less than 36 inches
in diameter, storm drain laterals, and catch basins).
In light of the fact that RCFC staff would not be preparing the plans for the storm drain
improvements, nor would RCFC be responsible for bidding the construction project for its
installation, RCFC requires that a joint cooperative agreement with the Tribe who is
responsible for the design and installation of the system, as well as the City, who is
responsible for maintaining the "appurtenances" upon completion of construction. RCFC
staff, in cooperation with Tribal and City staff, has prepared a joint cooperative agreement
that stipulates the terms and conditions of having the RCFC storm drain system designed
and installed by the Tribe and its contractor.
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City,Agua Caliente Band ofCahuilla Indians and Riverside County Flood Control&Water Conservation District
Joint Cooperative Agreement
April 16, 2003
Page 2
Staff recommends that the City Council approve the draft agreement, subject to minor
modifications in cooperation with Riverside County Counsel,the City Attorney, and the Tribal
Attorney's offices.
SUBMITTED:
DAVID J. BARAKIAN
Director of Public Works/City Engineer
APPROVED:
DAVID H. READY
City Manager w" `!
ATTACHMENTS:
1. Minute Order
2. Draft Agreement
COOPERATIVE AGREEMENT
PALM SPRINGS MASTER DRAINAGE PLAN LATERAL 15A, STAGE I
(PROJECT NO. 6-0-0221)
The RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT, hereinafter called "DISTRICT", the CITY OF PALM SPRINGS, hereinafter called "CITY",
and the AGUA CALIENTE BAND OF CAHUILLA INDIANS, a Federally recognized Indian Tribe
hereinafter called "TRIBE",hereby agree as follows:
RECITALS
i A. In conjunction with CITY'S approval of Planned Development District No. 232,
TRIBE is proposing to construct certain storm drain facilities in order to provide flood protection and
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drainage for TRIBE'S planned expansion of its Spa Resort Casino located in Palm Springs, California;
and
B. Pursuant to City of Palm Springs Case No. 5.0667 — PI) — 232, TRIBE must
construct approximately 1,224 linear feet of 42-inch underground concrete pipe, hereinafter together
called "PROJECT", as shown in concept in red on Exhibit "A", attached hereto and made a part hereof.
PROJECT connects with and drains into DISTRICT'S existing Palm Springs Master Drainage Plan Line
15 and represents a logical extension thereof; and
C. Included with the construction of PROJECT is the construction of approximately
647 feet of 36-inch underground pipe, along with the construction of associated catch basin inlets and
connector pipes located within CITY rights of way and hereinafter altogether called
"APPURTENANCES"; and
D. .TRIBE and CITY desire DISTRICT to accept ownership and responsibility for the
operation and maintenance of PROJECT, therefore, DISTRICT must review and approve TRIBE'S plans
and specifications for PROJECT, and subsequently inspect the construction of PROJECT; and
E. PROJECT and APPURTENANCES are to be constructed within existing CITY
.rights of way, therefore, CITY must review and approve TRIBE'S plans and specifications for PROJECT
and APPURTENANCES; and
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F. DISTRICT is willing to (i) review and approve plans and specifications prepared
by TRIBE for PROJECT and APPURTENANCES, (ii) inspect the construction of PROJECT and
APPURTENANCES, and (iii) accept ownership and responsibility for the operation and maintenance of
PROJECT,provided TRIBE(i)pays DISTRICT the amounts specified herein to cover DISTRICT'S costs
• for plan review, construction inspection, and the preparation and administration of this Agreement, (ii)
constructs PROJECT in accordance with the provisions of this Agreement and CITY and DISTRICT
approved plans and specifications, and (iii) accepts ownership and sole responsibility for the operation
and maintenance of PROJECT and APPURTENANCES until such time as DISTRICT accepts ownership
and responsibility for the operation and maintenance of PROJECT and CITY accepts ownership and
responsibility for the operation and maintenance of APPURTENANCES as provided herein and (iv)
obtains all necessary permits to construct PROJECT and APPURTENANCES; and
G. CITY is willing to (i) review and approve plans and specifications prepared by
TRIBE for PROJECT and APPURTENANCES, (ii) grant DISTRICT the right to inspect, construct,
operate and maintain PROJECT within CITY rights of way, (iii) issue an encroachment permit to TRIBE
or its contractor, subject to the City's usual terms and conditions, to construct PROJECT and
APPURTENANCES within CITY rights of way and (iv) accept ownership and responsibility for the
operation and maintenance of APPURTENANCES, provided PROJECT is constructed in accordance
with plans and specifications approved by DISTRICT and CITY; and
H. In conjunction with construction of PROJECT and APPURTENANCES, TRIBE is
willing to(i)require its contractor to furnish faithful performance and payment bonds and hold said bonds
as provided herein, (ii) retain at its sole cost and expense, a qualified geotechnical or soils engineering
firm to perform all necessary materials testing and certify backfnll compaction, (iii) furnish CITY and
DISTRICT with original copies of all materials testing reports, and (iv) upon completion of construction,
provide DISTRICT and CITY with a copy of the recorded Notice of Completion for PROJECT and
APPURTENANCES.
NOW, THEREFORE, the parties hereto mutually agree as follows:
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SECTION I
TRIBE shall:
1. Prepare or cause to be prepared plans and specifications for PROJECT and
APPURTENANCES, hereinafter called "IMPROVEMENT PLANS", in accordance with DISTRICT and
CITY standards, and submit IMPROVEMENT PLANS to DISTRICT and CITY for their review and
approval.
2. Continue to pay DISTRICT, within thirty (30) days after receipt of periodic
billings from DISTRICT, any and all such amounts as are deemed reasonably necessary by DISTRICT to
cover DISTRICT'S costs associated with the review and approval of IMPROVEMENT PLANS and the
preparation and administration of this Agreement.
3. Deposit with DISTRICT, at the time of providing written notice to DISTRICT of
the start of PROJECT construction as set forth in Section L7. herein, the estimated cost of providing
construction inspection for PROJECT, in an amount as determined and approved by DISTRICT in
accordance with Ordinance Nos. 671 and 749 of the County of Riverside, including any amendments
thereto, based upon the bonded value of PROJECT facilities to be inspected, operated and maintained by
DISTRICT.
4. Prior to commencing PROJECT construction, obtain at its sole cost and expense,
all necessary licenses, agreements, permits and rights of entry, including those required by CITY, as
needed for the construction, inspection, operation and maintenance of PROJECT and
APPURTENANCES.
5. Prior to commencing PROJECT construction, retain at its sole cost andexpense, a
qualified geotechnical or soils engineering firm. Said firm, which shall be duly licensed in the State of
California to perform professional material testing services, shall perform all materials testing necessary
to demonstrate that PROJECT and APPURTENANCES have been constructed in conformance with the
DISTRICT and CITY approved IMPROVEMENT PLANS. Original copies of all materials testing
reports shall be furnished to DISTRICT and CITY as provided herein.
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6. Obtain at its sole cost and expense, faithful performance and payment bonds, each
in the amount of 100% of the estimated cost for construction of PROJECT and APPURTENANCES as
determined by DISTRICT. The surety, amount and form of the bonds shall be subject to the approval of
DISTRICT and CITY. The bonds shall be held by TRIBE and remain in full force and effect until such
time as PROJECT and APPURTENANCES are accepted as complete by DISTRICT and CITY,
respectively; at which time the bond amount may be reduced to 10% for a period of one year to guarantee
against any defective work, labor or materials.
7. Notify DISTRICT in writing (Attention— Mark H. Wills), at least five (5) days
prior to the start of PROJECT construction. Construction shall not begin on PROJECT, for any reason
whatsoever, until (i) DISTRICT has issued to TRIBE a written Notice to Proceed authorizing TRIBE to
initiate construction, and (ii) CITY has issued TRIBE an encroachment permit for PROJECT
construction.
8. Furnish DISTRICT, at the time of providing written notice to DISTRICT of the
! start of construction as set forth in Section I.7. herein, with a complete list of all contractors and
subcontractors to be performing work on PROJECT, including the corresponding license number and
license classification of each. At such time, TRIBE shall further identify in writing its designated
superintendent for PROJECT construction.
9. Furnish DISTRICT, at the time of providing written notice to DISTRICT of the
start of construction as set forth in Section I.7. herein, with a construction schedule which shall show the
order and dates in which TRIBE or TRIBE'S contractor proposes to carry on the various parts of work,
including estimated start and completion dates. As the construction progresses, TRIBE or its contractor
shall update said construction schedule upon request.
10. Furnish DISTRICT with the final mylar IMPROVEMENT PLANS and assign
their ownership to DISTRICT prior to the start of PROJECT construction.
11. Not permit any change to or modification of IMPROVEMENT PLANS without
the prior written permission and consent of DISTRICT and CITY.
12. Comply with all Cal/OSHA safety regulations, including regulations concerning
confined space, and maintain a safe working environment for TRIBE, CITY and DISTRICT employees
on the site.
13. Furnish DISTRICT, at the time of providing written notice to DISTRICT of the
start of construction as set forth in Section 1.7. herein, with a confined space procedure specific to
PROJECT. The procedure shall comply with requirements contained in California Code of Regulations,
Title 8, Section 5158, Other Confined Space Operations, Section 5157, Permit Required Confined Space
and DISTRICT confined Space Procedures, SOM-18. The procedure shall be reviewed and approved by
DISTRICT prior to the issuance of a Notice to Proceed.
14. Construct, or cause to be constructed, PROJECT and APPURTENANCES at
TRIBE'S sole cost and expense in accordance with IMPROVEMENT PLANS approved by DISTRICT
and CITY.
15. During the construction period of PROJECT and APPURTENANCES, require its
contractor(s) to maintain Workers' Compensation Insurance in an amount required by law. A certificate
of said insurance policy(ies) shall be provided to DISTRICT and CITY at the time of providing written
notice to DISTRICT of the start of construction as set forth in Section I.7. herein.
16. At the time of providing written notice to DISTRICT of the start of construction as
set forth in Section I.7. herein and continuing until DISTRICT accepts PROJECT as complete for
ownership, operation and maintenance:
(a) Provide and maintain or cause its contractor(s) to provide and
maintain comprehensive liability insurance coverage which shall
protect TRIBE from claims from damages for personal injury,
including accidental and wrongful death, as well as from claims for
property damage which may arise from TRIBE'S construction of
PROJECT or the performance of its obligations hereunder, whether
such construction or performance be by TRIBE, by any of its
contractors, subcontractors, or by anyone employed directly or
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indirectly by any of them. Such insurance shall name DISTRICT,
the County of Riverside and CITY as additional insureds with
respect to this Agreement and the obligations of TRIBE hereunder.
Such insurance shall provide for limits of not less than two million
dollars($2,000,000)per occurrence.
(b) Cause its insurance carrier(s) or its contractor's insurance carrier(s),
who shall be authorized by the California Department of Insurance
to transact the business of insurance in die State of California, to
furnish DISTRICT and CITY at the time of providing written notice
to DISTRICT of the start of construction as set forth in Section I.7.
herein, with certificate(s) of insurance and applicable policy
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endorsements showing that such insurance is in full force and effect
and that DISTRICT, the County of Riverside and CITY are named
as additional insureds with respect to this Agreement and the
obligations of TRIBE hereunder. Further, said certificate(s) shall
state that the issuing company shall give DISTRICT and CITY sixty
(60) days written notice in the event of any cancellation,
termination, non-renewal or reduction in coverage of the policies
evidenced by the certificate(s). In the event of any such
cancellation, termination, non-renewal or reduction in coverage,
TRIBE shall, forthwith, secure replacement insurance meeting the
provision of this paragraph.
Failure to maintain the insurance required by this paragraph shall be deemed a
material breach of this Agreement and shall authorize and constitute authority for DISTRICT, at its sole
discretion,to proceed to perform the remaining work pursuant to Section IV.3. herein.
17. Accept ownership and sole responsibility for the operation and maintenance of
PROJECT and APPURTENANCES, until such time as DISTRICT accepts ownership and
sole
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responsibility for operation and maintenance of PROJECT and CITY accepts ownership and sole
responsibility for the operation and maintenance of APPURTENANCES. Further, it is mutually
understood by the parties hereto that prior to DISTRICT acceptance of ownership and responsibility for
the operation and maintenance of PROJECT as set forth herein, PROJECT shall be in a satisfactorily
maintained condition as solely determined by DISTRICT.
18. Upon completion of construction of PROJECT, but prior to DISTRICT acceptance
of PROJECT for ownership, operation and maintenance, TRIBE'S civil engineer of record or construction
civil engineer of record, duly registered in the State of California, shall provide to DISTRICT a redlined
"as-built" copy of IMPROVEMENT PLANS. After DISTRICT approval of the redlined drawings,
TRIBE'S engineer shall schedule with DISTRICT a time to transfer the redlines on to DISTRICT'S
original IMPROVEMENT PLANS in DISTRICT'S office, after which the engineer shall review, stamp
and sign PROJECT plans "AS-BUILT".
' 19. Pay, if suit is brought upon this Agreement or any bond guaranteeing the
completion of PROJECT, all costs and reasonable expenses and fees, including reasonable attorneys' fees,
and acknowledge that, upon entry of judgment, all such costs, expenses and fees shall be computed as
costs and included in any judgment rendered.
20. Record a Notice of Completion for PROJECT and APPURTENANCES with the
County Clerk, County of Riverside, California, within thirty (30) calendar days of determination of
substantial completion as mutually determined by TRIBE, CITY and DISTRICT.
21. Furnish DISTRICT and CITY with copies of the duly recorded Notice of
Completion prior to requesting acceptance of PROJECT and APPURTENANCES by DISTRICT and
CITY, respectively.
22. The TRIBE expressly waives its sovereign immunity from lawsuit for the purpose
of litigating any matters relating to this Agreement in any administrative or judicial forum, and service
mailed to the address of the parties as set forth herein shall be adequate service for such litigation. The
TRIBE further waives its sovereign immunity from suit for the purpose of compelling compliance with
this Agreement, to pursue any administrative proceeding before any administrative body of appropriate
jurisdiction, for obtaining injunctive relief or specific performance, to preserve the status quo during
disputes, for compelling compliance with this Agreement, or enforcing any award or judgment arising out
of this Agreement, including but not limited to, the issuance, non-issuance, condition, suspension, denial
or revocation of any license. Without in any way limiting the generality of the foregoing, the TRIBE
expressly agrees: (1)all provisions of this Agreement shall be enforceable in accordance with their terms
before any and all administrative and judicial forums of the state; (2) the provisions of venue and choice
of law shall be as provided in Sections 12 and 14; (3)all provisions concerning indemnity, duty to defend,
i waiver, integration and severability shall be as provided in Section IV; and (4) to approve any
governmental authorities who have the right and duty under applicable law to take any action authorized
' or ordered by any such court.
SECTION II
DISTRICT shall:
1. Review and approve IMPROVEMENT PLANS prior to the start of PROJECT
construction,
2. Provide CITY an opportunity to review and approve IMPROVEMENT PLANS
prior to DISTRICT'S final approval.
3. Inspect the construction of PROJECT and APPURTENANCES.
4. Keep an accurate accounting of all DISTRICT costs associated with the review and
approval of IMPROVEMENT PLANS and the processing and administration of this Agreement.
5. Following DISTRICT and CITY approval of IMPROVEMENT PLANS and upon
receipt of all necessary items for issuance of a Notice to Proceed as set forth in Section I hereto, issue a
Notice to Proceed to TRIBE'S construction contractor in an expeditious manner.
6. Keep an accurate accounting of all DISTRICT construction inspection costs, and
within sixty (60) days after DISTRICT acceptance of PROJECT as being complete, submit a final cost
statement to TRIBE. If the deposit, as set forth in Section I.3. herein, exceeds such costs, DISTRICT
shall reimburse TRIBE the excess amount within sixty (60) days after DISTRICT acceptance of
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PROJECT as being complete. If at any time the costs exceed the deposit or are anticipated by DISTRICT
to exceed the deposit, TRIBE shall pay such additional amount, as deemed reasonably necessary by
DISTRICT to complete PROJECT,within thirty(30)days after receipt of billing from DISTRICT.
7. Accept ownership and sole responsibility for the operation and maintenance of
PROJECT, upon (i) DISTRICT acceptance of PROJECT construction as being complete, (ii) CITY
acceptance of APPURTENANCES for operation and maintenance, and (iii) receipt of TRIBE'S recorded
Notice of Completion.
8. Provide CITY and TRIBE a reproducible duplicate copy of the "as-built"
IMPROVEMENT PLANS upon DISTRICT acceptance of PROJECT as being complete.
SECTION III
CITY shall:
I. Review and approve IMPROVEMENT PLANS prepared by TRIBE prior to the
start of construction of PROJECT.
2. Review and approve the faithful performance and payment bonds furnished by
TRIBE'S contractor as set forth in Section I.6. Provide DISTRICT with notice of its approval.
3. Grant DISTRICT, by execution of this Agreement, the right to construct,
reconstruct, inspect, operate and maintain PROJECT within CITY rights of way as set forth herein.
4. Coordinate its inspection of trench backfill and pavement repair with TRIBE'S
contractor and materials testing firm and DISTRICT staff as provided herein.
5. Upon DISTRICT acceptance of PROJECT as being complete, accept ownership
and sole responsibility for the operation and maintenance of APPURTENANCES.
SECTION IV
It is further mutually agreed:
1. All work involved with PROJECT and APPURTENANCES shall be inspected by
DISTRICT and shall not be deemed complete until approved and accepted in writing as complete by
DISTRICT.
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2. CITY and TRIBE personnel may observe and inspect all work being done on
PROJECT and APPURTENANCES, but shall provide any comments to DISTRICT personnel who shall
be solely responsible for all quality control communications with TRIBE'S contractor during the
construction of PROJECT.
3. TRIBE shall complete construction of PROJECT and APPURTENANCES within
twelve (12) consecutive months after execution of this Agreement and within ninety (90) consecutive
calendar days after commencing work on PROJECT. It is expressly understood that since time is of the
essence in this Agreement, failure of TRIBE to perform the work within the agreed upon time shall
constitute authority for DISTRICT to perform the remaining work and require TRIBE'S surety to pay to
CITY the penal sum of any and all bonds. In which case, CITY shall subsequently reimburse DISTRICT
for all DISTRICT costs incurred.
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4. DISTRICT and CITY agree to complete their respective review and approval of
IMPROVEMENT PLANS and related construction documents in an expeditious manner. Prior to
commencing PROJECT construction, a pre-construction meeting shall be held at the DISTRICT'S offices.
5. PROJECT construction work shall be on a five (5) day, forty(40)hour work week
with no work on Saturdays, Sundays or DISTRICT designated legal holidays, unless otherwise approved
in writing by DISTRICT. If TRIBE feels it is necessary to work more than the normal forty (40) hour
work week or on holidays, TRIBE shall make a written request for permission from DISTRICT to work
the additional hours. The request shall be submitted to DISTRICT at least 72 hours prior to the requested
additional work hours and state the reasons for the overtime and the specific time frames required. The
decision of granting permission for overtime work shall be made by DISTRICT at its sole discretion and
shall be final. If permission is granted by DISTRICT, TRIBE will be charged the cost incurred at the
overtime rates for additional inspection time required in connection with the overtime work in accordance
with Ordinance Nos. 671 and 749, including any amendments thereto, of the County of Riverside.
6. TRIBE shall not request DISTRICT or CITY to accept any portion of PROJECT
or APPURTENANCES for operation and maintenance until PROJECT is complete in accordance with
Section II.7. herein.
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7. In the event that any claim or legal action is brought against DISTRICT or CITY
in connection with this Agreement because of the actual or alleged acts or omissions by TRIBE, TRIBE
shall defend, indemnify and hold DISTRICT and CITY harmless therefrom, without cost to DISTRICT or
CITY. Upon TRIBE'S failure to do so, DISTRICT and CITY shall be entitled to recover from TRIBE all
of their respective costs and expenses, including,but not limited to, reasonable attorneys' fees.
8. TRIBE shall defend, indemnify and hold DISTRICT, the County of Riverside and
CITY, their respective officers, agents, employees and independent contractors free and harmless from
any claim or legal action whatsoever, based or asserted, pursuant to Article I, Section 19 of the California
Constitution,the Fifth Amendment of the United States Constitution, or any other law or ordinance which
seeks to impose any other liability or damage whatsoever, for the design, construction or failure of
PROJECT or from the diversion of the waters from the natural drainage patterns, save and except claims
and litigation arising through the sole negligence or sole willful misconduct of DISTRICT or CITY.
TRIBE shall defend DISTRICT, the County of Riverside and CITY without cost to DISTRICT, the
County of Riverside or CITY, and upon TRIBE'S failure to do so, DISTRICT and CITY shall be entitled
to recover from TRIBE all of their cost and expenditures, including, but not limited to, reasonable
attorneys' fees.
9. TRIBE. for itself, its successors and assigns, hereby releases DISTRICT, the
County of Riverside and CITY, their respective officers, agents, and employees from any and all claims,
demands, actions, or suits of any kind arising out of any liability, known or unknown, present or future,
including, but not limited to any claim or liability, based or asserted, pursuant to Article 1, Section 19 of
the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or
ordinance which seeks to impose any other liability or damage, whatsoever, for the design, construction
or failure of PROJECT, or the discharge of drainage within or from PROJECT. Nothing contained herein
shall constitute a release by TRIBE of DISTRICT or CITY,their officers, agents and employees from any
and all claims, demands, actions or suits of any kind arising out of any liability, known or unknown,
present or future, for the negligent maintenance of PROJECT and APPURTENANCES, after the
acceptance of PROJECT by DISTRICT and CITY, respectively.
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10. Any waiver by the parties hereto of any breach of any one or more of the terms of
this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of
any other term hereof. Failure on the part of the parties hereto to require exact, full and complete
compliance with any terms of this Agreement shall not be construed as in any manner changing the terms
hereof, or estopping the parties hereto from enforcement hereof.
11. If any provision in this Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in fall force
without being impaired or invalidated in any way.
12. This Agreement is to be construed in accordance with the laws of the State of
California.
13. Any and all notices sent or required to be sent to the parties of this Agreement will
be mailed by first class mail,postage prepaid, to the following addresses:
RIVERSIDE COUNTY FLOOD CONTROL CITY OF PALM SPRINGS
AND WATER CONSERVATION DISTRICT 3200 E. Tahquitz Canyon Way
1995 Market Street Palm Springs, CA 92263
Riverside, CA 92501 Attn: David Barakian
Attn: Mark Wills
AGUA CALIENTE BAND OF
CAHUILLA INDIANS
650 E. Tahquitz Way
Palm Springs, CA 92262-6706
Attn: Rob Donnels
14. Any action at law or in equity brought by any of the parties hereto for the purpose
of enforcing a right or rights provided for by the Agreement, shall be tried in a court of competent
jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of
law providing for a change of venue in such proceedings to any other county.
15. This Agreement is the result of negotiations between the parties hereto, and the
advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter
of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this
Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its
final form.
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16. The rights and obligations of TRIBE shall inure to and be binding upon all heirs,
successors and assignees.
17. TRIBE shall not assign or otherwise transfer any of its rights, duties or obligations
hereunder to any person or entity without the written consent of the other parties hereto being first
obtained. In the event of any such transfer or assignment, TRIBE expressly understands and agrees that it
shall remain liable with respect to any and all of the obligations and duties contained in this Agreement.
18. This Agreement is intended by the parties hereto as a final expression of their
understanding with respect to the subject matter hereof and as a complete and exclusive statement of the
terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and
understandings, oral or written, in connection therewith. This Agreement may be changed or modified
only upon the written consent of the parties hereto.
19. This Agreement may be executed in counterparts, each of which shall be deemed
an original.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement on
(to be filled in by the Clerk to the Board)
RIVERSIDE COUNTY FLOOD CONTROL
RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT
BY By
• WARREN D. WILLIAMS JAMES A. VENABLE, Chairman
General Manager-Chief Engineer Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:
WILLIAM C. KATZENSTEIN NANCY A. ROMERO
County Counsel Clerk to the Board
By By
FRANK C.ALDRICH III Deputy
Deputy County Counsel
Dated (SEAL)
MHW:
PC\81095
3/21/2003
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RECOMMENDED FOR APPROVAL: CITY OF PALM SPRINGS
By By
DAVID READY WILLIAM G. KLEINDIENST
City Manager Mayor
APPROVED AS TO FROM: ATTEST:
By By
City Attorney PATRICIA A. SANDERS
City Clerk
Dated (SEAL)
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
By
RICHARD M. MILANOVICH
Tribal Chairman
APPROVED AS TO FROM: ATTEST:
By By
Legal Counsel NAME
Secretary
PC\81095
MINUTE ORDER NO.
APPROVING JOINTAGREEMENT BETWEEN THE CITY
OF PALM SPRINGS, THE AGUA CALIENTE BAND OF
CAHUILLA INDIANS, AND RIVERSIDE COUNTY FLOOD
CONTROL & WATER CONSERVATION DISTRICT
RELATED TO THE DESIGN, INSTALLATION AND
CONSTRUCTION,AND OPERATION AND MAINTENANCE
OF STORM DRAIN LATERAL 15A, STAGE 1
I HEREBY CERTIFY that this Minute Order, approving a joint agreement between the City of Palm
• Springs, the Agua Caliente Band of Cahuilla Indians, and Riverside County Flood Control &Water
Conservation District related to the design, installation and construction, and operation and
maintenance of Storm Drain Lateral 15A, Stage 1, was adopted by the City Council of theCity of
Palm Springs, California, in a meeting thereof held on the 16" day of April, 2003.
PATRICIA A. SANDERS
City Clerk
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