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Home My WebLink About03050 - RIVERSIDE COUNTY LAFCO ANNEX 24 ANNEX 25 SALVIA RD • . Riverside Co. Transportation Dept. - Annex 24/25 „ _. . . Mntce - Salvia Rd. AGREEMENT #3050 MAINTENANCE AGREEMENT R17698, 12-4-91 THIS MAINTENANCE AGREEMENT ( greemeryrytt ) is made and entered into this ,Z'JW'' day of �Gflillu�!/1�, 1991, by and between the County of Riverside ( "County' ) and the City of Palm Springs, a municipal corporation ( "City" ) . R E C I T A L S A. The County of Riverside has jurisdictional control over that certain parcel of real property located in an unincorporated area of the County of Riverside, State of California, as more particularly described in Exhibit "A" (the "Annexed Property" ) . The City desires to annex the Annexed Property, which annexation has been approved by the Local Agency Formation Commission ( "LAFCO") , LAFCO No. 91-21-3 & 4, subject to Condition No. 7 (the "Condition" ) that the City enter into an agreement with the County for service and maintenance of that portion of Salvia Road (the "Maintenance Area" ) , which departs from the approved annexation boundaries and extends into the unincorporated territory north of the City of Palm Springs, which Maintenance Area to be more particularly described in Exhibit "B" . B. The City desires to fulfill the Condition, as 'is hereby entering into this Agreement with the County, subject to the conditions and terms and noted herein. AGREEMENT In consideration of the foregoing Recitals and the mutual promises, covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and the City agree as follows: 1. Maintenance and Repair. The City and its contractors, agents and employees, at the sole cost of the City, shall maintain and repair the Maintenance Area at all times . Said maintenance shall include, but not be limited to, patching potholes, replacing signs and markers, grading shoulders, cleaning culverts, removing weeds and trash from the right-of-way and trimming trees. 2. Ingress and Egress. The County agrees that the City shall at all times have access, including ingress and egress, to and from the Maintenance Area for the purpose of using, maintaining, operating, repairing, replacing, reconstructing and inspecting the Maintenance Area. 3 . Indemnity. Neither party, its officers, agents or employees, shall have any liability for intentional or negligent acts, by omission or commission, by the other party, or of any officer, agent or employee thereof. Each party shall indemnify and hold the other party, their respective officers, agents, employees and independent: contracts harmless from any claim or action arising out of performance of this Agreement with respect to any work to be performed by or authority delegated to such party. 4 . Term. This Agreement shall remain in effect until such time as jurisdiction for the Maintenance Area rests solely with the City as a result of: an annexation by the City of the Maintenance Area, or until the parties hereto mutually agree to terminate this Agreement. 5. Modification and Termination. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by a written instrument duly executed and attested by the parties hereto or their successors or assigns. 6 . Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 7 . Notices . All notices to be delivered hereunder if personally delivered shall. be deemed received when delivered; such notices, if mail in the United States mail, shall be mailed postage prepaid, registered or certified, with return receipt requested, and shall be deemed delivered on the date stated on the return receipt; and :such notices if mailed in any other manner shall be deemed received on actual receipt. Notices shall be mailed in the above manner to the following addresses: COUNTY CITY Riverside County Transportation City of Palm Springs Department P.O. Box 2743 4080 Lemon Street, 8th Floor Palm Springs, CA 92263-2743 Riverside, CA 92501 Attn: Planning Department Attn: Ivan F. Tennant With copies to: Rutan & Tucker 611 Anton Blvd. , Suite 1400 Costa Mesa, CA 92628 Attn: David Aleshire Either party may from time to time change address for notice by notifying the other party of such new address in the manner set forth in this Paragraph 7 . 8. Entire Agreement. This instrument contains the entire Agreement between the parties relating to the grant of easement herein described. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. ATTEST: GERALD A. MALONEY COUNTY OF RIVERSIDE Clerk of the Board -Deput)f glerk of toW Board hairm ,``:Board of Supe isbrs "COUNTY" APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel By: Deputy County Counsel CITY OF PALM SPRINGS, a a munici ti By: Its—(: 'flPm,,i, "City" ATTEUT: By(� C y Clerk APPROVED key r* ��Ty COUNCIL BY RES. NPo APPROVED AS TO FORM: City Atto,1pey ,„rl1 I61!!I:.1C111!!II?11-1 ttMtp1:::2:. 1!�I,I` ;11P,n,1„l.�t.,.., . I�oi .. Ir'. � I . _ 1 .`... _ Ip,l•. kT 464, C \1 Ill I yyy a h I 6. it .�_.� ` ;tk " Z � W A •. :.IyTy`�,` - i ::� `+'��::!'11,.1; .:.,;`'rr:n''f,.�' `�4Z��i�tlI�rl�, t 1 . 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J l� n1110t I. -_ ww• ...w � . n •N`V I �� J ` Ir U EXHIBIT "B" THE M-AINTENANCE AREA A mexadoas 2.4 &: 23' to the City of Palm Springs LA1 .FC_O 91-21-4 Roads & Geoa apt i c-Features 3 2 -._. 05 R THE MAINTENAN E AREA b a J 3r S ` The M31n}en3nce Arta i CATXEDRAL -= LYFCO 91-Z3: li-� 24 c 15 U - CITY Page 1 'of i Page EXETBIT "S" TO MAINLZENANCE AGREEMENT AMITTAL TO THE BOARD OF SUPERVAS ° COUNTY OF RIVERSIDE, STATE OF CALIFORNIA _ s, Kay Ceniceros December 16, n ° FROM: SUBMITTAL DATE: SUBJECT: Maintenance Agreement with City of Palm Spring} �d .•., RECOMMENDED MOTION: That the Board join me in approving the maintenance agreement for the area shown on Exhibit B, Salvia Road. JUSTIFICATION: IA condition of LAFCo approved annexation 91-21-3 & 4 required the City of Palm Springs to enter into this agreement for service and maintenance of Salvia Road. The agreement has been reviewed and approved by County Counsel. ay eniceres Su ervisor Third District KC:JM:vc MINUTES OF THE BOARD OF SUPERVISORS On motion of Supervisor Ceniceros , seconded by Supervisor Larson and duly carried by unanimous vote , IT WAS ORDERED that the above matter is approved as recommended. Ayes : Younglove , Ceniceros , Dunlap, Larson and A a am Noes : None Gerald A. M 1 ey Absent : None Cle k Boa d Date : December 17 , 1991 //' By: xc : Supv. Ceniceros , Co 0 - , Auditor eputy Prev.Agn. ref. Depts. Comments Dist. AGENDA NO. FORM 11 A(12182) 3 9685 �+ Q 5