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HomeMy WebLinkAboutA3890 - CATHEDRAL CITY CAREY RD MNTNCE MO 6082 City of Cathedral City ` Carey Road Maintenance • ` AGREEMENT #3890 M06082, 1-7-98 STREET MAINTENANCE AGREEMENT Carey Road THIS AGREEMENT (herein "Agreement") is made and entered into this 71 day of 1998, by and between the City of Palm Springs, a municipal corporation 4( erein "CPS"), and the City of Cathedral City, a municipal corporation (herein "CCC"). RECITALS WHEREAS CPS and CCC share a common boundary between the two cities; and WHEREAS, certain public and private streets are located on or near the common boundary, one such street being Carey Road, east of Cree Road; and WHEREAS, a portion of Carey Road, as shown in the sketch attached hereto and marked Exhibit "A", is located within the CPS city limits, which portion, described as Lot "A" of Tract No. 10325, has been offered for dedication for street purposes to CPS but has not been accepted therefor, and which portion remains unimproved; and WHEREAS, CCC is desirous of improving its street circulation system by having said portion of Carey Road opened and improved as a public street in conjunction with similar improvements to be done to other portions of Carey Road already within the CCC City limits; and WHEREAS, CPS is desirous of cooperating with CCC in the opening and improving of said portion of Carey Road, provided there is no cost or liability to CPS. NOW, THEREFORE, the parties hereto do agree as follows: 1. Term: This Agreement shall take effect upon approval by the parties pursuant to December 29,1997 1 Streets and Highways Code Section 1807, and shall terminate on one of the following dates: a. The first anniversary after the date of approval of this Agreement by CPS in the event that CCC may not have submitted an application to CPS for issuance of the public street improvement permit described in Section 3 (a), below, or b. One (1) year following the date on which CPS in its sole discretion may give written notice to CCC that CPS has elected to cancel the delegation to CCC of the boundary street regulatory and public safety powers described ibn Section 3(b), below. At the termination of this Agreement, the parties shall be mutually discharged from any further obligation or duty which arises under this Agreement with respect to the boundary street segment as more fully described in Section 2, below, except that the provisions of Section 4 of this Agreement shall remain in effect with respect to any claim of indemnity of CPS relating to an event or injury which occurred while this Agreement was in effect. 2. CPS's Obligations: Within thirty (30) days after receipt by CPS of a completed application for the public street improvement permit referenced in Section 3(a) below, CPS agrees to prepare and adopt a Resolution of the City Council of CPS accepting for public street purposes the offer of dedication of Lot "A" of Tract No. 10325, as shown on the map thereof recorded on June 29, 1979, in Book 105, at Pages 49 and 50 of Maps, in the office of the County Recorder of Riverside County, California (the "Carey Road Segment"). The Resolution of the City Council of CPS shall also contain an appropriate acknowledgment of the boundary street regulatory and public safety powers delegated to CCC under Section 3(b) of this Agreement. CPS shall cause a certified copy of the Resolution of Street Acceptance to be recorded in the office of the County Recorder, and shall provide a certified copy of said recorded Resolution to the City Clerk of CCC. December29,1997 2 3. (a) CCC's Obligations: CCC; agrees that within ninety (90) days following the adoption of the Resolution described in Section 2 above, CCC shall commence and thereafter diligently complete the construction and improvement of the Carey Road Segment at its sole cost and expense in accordance with the public improvement permit issued in favor of CCC (and the public:works contractor of CCC) by the CPS City Engineer. The CPS City Engineer may inspect the work of improvement at any reasonable time. The improvement of the Carey Road Segment shall generally consist of clearing and grubbing, road grading and grade preparation, and paving with asphalt concrete. For the purpose of constructing and installing the Carey Road Segment, and other related public street improvements in CCC, the "lead agency" for compliance with environmental laws, as the term is defined under CEQA, shall be CCC. (b) Pursuant to Vehicle Code Section 21105, upon the completion of said improvements and opening of the Carey Road Segment to traffic, the Carey Road Segment shall thereupon be under CCC's jurisdiction as a public street for the following municipal purposes and responsibilities only: a. street maintenance and repair; b. pavement striping, signing, pavement markings and markers; The jurisdiction of CCC upon the Carey Road Segment for the purpose described above, shall commence upon the date the CCC City Engineer files a certificate with the City Clerk of each City attesting to the fact that the work of improvement of the Carey Road Segment as described in this Agreement has been completed and the Carey Road Segment has been opened for public use. (c) CCC agrees that improvements to the Carey Road Segment described in Section 3(a) shall be accomplished at no expense to CPS. CCC shall maintain and repair the Carey Road Segment in the same: condition as other contiguous public streets in CCC at no cost or expense to CPS. December 29,1997 3 4. Indemnifications: CCC agrees to indemnify CPS, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of CCC, its agents, employees, subcontractors, or invitees under this Agreement, or arising from CPS's issuance of a permit to construct improvements on the Carey Road Segment, whether or not there is concurrent passive or active negligence on the part of CPS, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of CPS, its officers, agents or employees, who are directly responsible to CPS, and in connection therewith: a. CCC will defend any action or actions filed in connection with any of said claims liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b. CCC will promptly pay any judgement rendered against CPS, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of CCC hereunder; and CCC agrees to save and hold CPS, its officers, agents, and employees harmless therefrom; C. In the event CPS, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against CCC for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of CCC hereunder, CCC agrees to pay to CPS, its officers, agents or employees, any and all costs and expenses incurred by CPS, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys fees; December29,1997 4 • i 5. Notice: Any notice, demand, or request either party desires, or is required to give to the other party, or to any other person, shall be in writing and shall be served either personally or sent by first class mail, postage pre-paid, to the following addresses: City of Cathedral City City of Palm Springs P O Box 5001 P O Box 2743 Cathedral City CA 92235-5001 Palm Springs CA 92263 Attn: City Manager Attn: City Manager Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in 72 hours from the time of depositing in the U.S. mail, if mailed as provided in this section. 6. Integration: This Agreement supersedes any and all other agreements, either oral or written, between the parties with respect to the subject matter of this Agreement, and contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promisees, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement. 7. Interpretation: This Agreement shall not be interpreted against either party on the grounds that one of the parties was :solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it. 8. Waiver: No waiver shall be binding, unless executed in writing by the party making the waiver, and no waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. December29,1997 5 Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement. 9. Severability: If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement. and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein. 10. Governing Law: The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. 11. Rights and Remedies are Cumulative: Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other party. 12, Disputes: All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California. 13. Attorney's Fees: In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys' fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. December 29,1997 6 • IN WITNESS WHEREOF, this agreement has been duly executed by the respective parties hereto by their duly authorized officers as of the date hereinabove first written. "CCC" "CPS" CITY OF CATHEDRAL CITY CITY OF PALM SPRINGS a municipal corporation a municipal corporation =' I Mayor Mayor ATTEST: ATTEST: � l CCC City Clerk C S City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: CCC City t rney CPS Cit Attorney g pi.. t ..i.. V., /TarE December 29,1997 7 E • r� uT//EORAt � '/ a ` ` O � n uuia e ,ri NAY Y � 7 m , �• x .. w r a O n = TRA 0/9-040 _- "rHEDRAL O —...C/TY... UN/TS Palm SPr/nts C//Y Um//f rRA O//-005 ' I ' J (- G�, C Ccthedrail I_ity ENGINEERING DIVISION �ilrd May 15, 1998 Judith Sumich, City Clerk City of Palm Springs P O Box 2743 Palm Springs CA 92263-2743 Donna Velotta, City Clerk City of Cathedral City P O Box 5001 Cathedral City CA 92235-5001 RE: City of Palm Springs Agreement #3890 and Res. No. 19223: Carey Road Maintenance Agreement Dear Ms. Sumich and Ms. Velotta, In accordance with Section 3(b) of Agreement #3890, approved by Palm Springs City Council on January 7, 1998, 1 hereby certify that the work of improvement on the portion of Carey Road covered by this Agreement has been completed, and the road is open to traffic. As of the above date, and in accordance with the Agreement, the City of Cathedral City hereby takes jurisdiction over this portion of Carey Road for the limited purposes described in the Agreement, namely street maintenance and repair, pavement striping, signing, markings and markers. Yours very truly, Da�FaeS el City Engineer cc: Dave Barakian, CPS City Engineer Jaime Aguilera, Dir. Of Comm. Devel. Dale Bolls, PAN Maint. Mgr. 35-325 DATE PALM ,SUITE 136• P.O. BOX 5001 • CATHEDRAL CITY,CA 92235-5001 • 760-770-0349 • FAX:760-770-0398