HomeMy WebLinkAbout02899 - RCFC FLOOD CONTROL AD 158 UTILITY AGR TH L.EDWARDS Assessment District No. 158
K ENNE
��TH S NEER ,Utility Agreement
AGREEMENT #2899
R17266, 9-19-90
RIVERSIDE COUNTY FLOOD CONTROL- -- -
WATER CONSERVATION DISTRICT
RIVERSIDE,CALIFORNIA 92502
December 18, 1990
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Ms . Judith Sumich
City Clerk
City of Palm Springs
Post Office Box 1786
Palm Springs , CA 92263-1786
Dear Ms. Sumich : Re: Assessment District
Number 158
(Utility Agreement)
Returned herewith is the City' s original copy of the fully
executed agreement referenced above.
If you should have any questions concerning this matter, please
do not hesitate to contact: this office.
Very truly yours,
MICHAEL D. RAWSON
Senior Civil Engineer
Enclosure
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RETURN TO-
• • CITY CUMIN
1 CITY Of PAU14i SPRITIGS
BOY, 1786
2 UTILITY AGREEMENT PALM SPRINGS, CA, 92263
THIS AGREEMENT, entered into this a�r� day of
3 '>Lk- , 1990, by and between the CITY OF1
IiPALM SPRINGS'; CALIFORNIA, hereinafter called "City", and the
4iIRIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, i
herein called "District" .
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R E C I T A L S
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!, A. City has conducted proceedings hereinafter called
7 "Proceedings") pursuant to the provisions of the "Municipal !
Improvement Act of 1913" (commencing with Section 10000, !
8 " Streets and Highways Code) for ordering the construction and',
installation of certain improvements within a special
9 assessment district and to assess the costs and expenses of
such. improvements against the assessment district containing
10 the lands to be benefited by the improvements; said special!
assessment district known and designated as ASSESSMENT:
11 DISTRICT NO. 158 (hereinafter referred to as the "Assessments
District") .
12
B. District is a public agency organized and existing under the ,
13 laws of the State of California, and is authorized to provide
service to the territory and property within the boundaries of
14 the proposed Assessment District.
15 C. The improvements to be constructed under the Assessment
District Proceedings include installation of certain public
16 improvements which will be under the ownership, management,
maintenance and control of the District, and said facilities
17 are generally described as the construction and installation
of certain major drainage facilities (referred to herein as
18 the "Flood Control Facilities"
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19 D. City and District desire at this time to enter into an .
agreement pursuant to the provisions of section 10110 of they
20 Streets and Highways Code, whereby District will provide '
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certain service to land within the boundaries of the ;
21 Assessment District.
22 NOW, THEREFORE, IT I:i MUTUALLY AGREED BETWEEN THE PARTIES AS
FOLLOWS:
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24 1. RECITALS. The above recitals are all true and correct.
2 . AUTHORIZATION. This Agreement is made pursuant to they
25 "Municipal Improvement Act of 191310, and in particular,
26 i
Section 10110, Streets and Highways Code.
3 . PROCEEDINGS. City shall conduct Proceedings authorizing the '
27 construction and :installation of the improvements, including
those facilities tc be owned by District. Upon the ;
28 confirmation of the assessments, there shall be established a
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1 special Improvement Fund into which shall be deposited all
2 payments made upon any assessment, including proceeds from the
sale of bonds.
3 4 . WORK TO BE PERFORMED. City shall cause to be constructed and
installed all improvements within the Assessment District,
4 including those facilities to be under the ownership,
management and control of District, and for a full and!
5 complete description of the works of improvements, reference)
is made to the plans and specifications necessary and integral
6 for this Assessment District. District shall furnish and'
supply and/or approve all plans and specifications prior tol
7 any authorization for bidding of the works of improvements.
8 5. CONSTRUCTION OF FACILITIES . The construction contract for they
above-referenced .Assessment District shall be awarded to the'
9 lowest responsible bidder, and said bidder shall post thej
applicable performance and payment bonds in the amounts fore
10 said work, all as required by law and specifically as set'
11 forth in the specifications and contract documents.
6. PAYMENTS. All payments for the above-referenced works of
12 improvement shall be made solely from the Special Improvement
Funds, and no other funds shall be obligated unless expressly.
13 provided for in the proceedings. This Agreement is subject to,
the power of the legislative body to abandon the proceedings
14 at any time prior to the effective date of this Agreement.
Except for the furnishing and supplying, or approval of all,
15 plans, District shall not be obligated to perform any of the,
work provided for in this Agreement until it becomes
16 effective.
17 7 . INSPECTION. All construction work involved with the flood
control facilities to be owned, operated and maintained by
18 District shall be inspected by District and shall not be,
deemed complete until approved and accepted as complete by
19 District. District personnel will inspect all such'
construction work for quality control, and shall be
20 responsible for all quality control communication with the
contractor, but shall provide all comments affecting cost or;
21 contractual relationships to City who, as contract
administrator, shall be responsible for all such official
22 communication with, the contractor during construction.
23 City shall deposit with District the sum of $13 , 000. 00, the ,'
estimated cost of providing construction inspection for the
24 flood control facilities, prior to the start of construction. )
District shall keep an accurate accounting of all District )
25 construction inspection costs, and within thirty (30) days ,;
after District acceptance of the flood control facilities asi
26 being complete, submit a cost statement to City. Ifl
inspection costs should at any time exceed the deposit, City ,
27 shall pay such an additional deposit amount as may be deemed ',
necessary by District to cover its remaining inspection costs. !
28 If the deposit(s) exceed all said costs, District shall '
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1 reimburse to City the excess amount within forty-five (45)
days after District acceptance of the flood control facilities
2 as being complete.
3 8 . CHANGES IN WORK. The work to be performed under this'
Agreement shall not be changed, except in the manner and to
4 the extent authorized by law, and with the express concurrence
of District.
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9 . NOTICE OF COMPLETION; TRANSFER OF TITLE. Upon completion of
6 the construction and installation of all facilities, and the
acceptance thereof, a Notice of Completion shall be filed with
7 the County Recorder and thereupon title to said facilities
shall be vested in District and constitute part of its system,
8 and shall thereafter be used, operated and maintained by it as
part of its system. All rights of way shall be conveyed ink
9 fee title or easements, including ingress and egress, as
deemed necessary by District for the operation and maintenance!
10 of the facilities ,
11 District shall require, and City shall provide at its soles
expense, policies of title insurance, each in an amount not tol
12 exceed fifty thousand dollars ($50, 000. 00) , for each parcel )
conveyed to District, guaranteeing District's interest to said
13 property as being free and clear of all liens, encumbrances,
taxes and leases (recorded and unrecorded) , except those ,
14 which, in the sole discretion of District, are acceptable.
15 10. EFFECTIVE DATE OF AGREEMENT. This Agreement shall become ]
effective after Proceedings have been taken and work orderedi
16 and funds are available to carry out all of its terms. In thel
event the Proceedings for the formation of the special
17 Assessment District shall be abandoned, enjoined or held by a
court of competent: jurisdiction to be illegally or improperly
18 conducted, or if for any reason the Proceedings are not
consummated, then this Agreement shall be terminated and any
19 Agreement between the parties shall be cancelled.
20 11. NOTICES. Any notice authorized or required by this Agreement
shall be deemed to have been sufficiently given if and when
21 sent by registered or certified mail, return receipt ''
requested.
22
(a) To City: City of Palm Springs
23 Post Office Box 1786
Palm Springs, CA 92263
24 Attn: Bob Mohler
Contracts Administrator
25
(b) To District: Riverside County Flood Control
26 Post Office Box 1033
Riverside, CA 92502-1033
27 Attn: Kenneth L. Edwards
Chief Engineer
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1 12 . LIMITED RESPONSIBILITY OF DISTRICT; INDEMNIFICATION. District
2 shall only be responsible for the construction inspection,
operation and maintenance of the public facilities which will
3 be transferred to them pursuant to this Agreement. The
District shall have no responsibility or liability whatsoever
4 for any act of City with regard to the establishment of
Assessment District, the issuance and sale of the bonds, or
any other indebtedness or financial obligation thereof, the
5 levy of special taxes or assessments on taxable property
within Assessment District to pay the principal of and
6 interest on such bonds, indebtedness or financial obligations,
the Proceedings conducted by City or Assessment District with
7 respect to any such matters, and the levy of any and all taxes
or assessments on any or all property therein to pay the
8 principal of and interest on the bonds, indebtedness or
financial obligations thereof. City and Assessment District
9 shall be solely responsible for and shall -bear all liability
and expense with regard to all such matters and Proceedings,
10 and shall indemnify and hold District free and harmless from
any responsibility, liability, claims, suits, actions or
11 damages alleged, brought, sustained or incurred by any person,
including, but not limited to, personal injury, property
12 damage and wrongful death, whether or not an owner of property
within City or Assessment District, arising out of or in any
13 manner connected with any matter or Proceedings herein set
forth as to which City or Assessment District bear sole
14 responsibility, including attorney's fees and costs and
expenses of the defense of any such matter, except as the the
15 may arise from th negligent act or omission of District in
performance of the obligations for which it bears ,
16 responsibility as hereinabove set forth.
17 It is hereby acknowledged that after transfer of the Flood
Control Facilities to District hereunder, District shall be
18 responsible for management, maintenance and control of the
Flood Control Facilities. District shall thereafter bear all
19 liability and expense and shall indemnify and hold City
harmless from any responsibility, liability, claims, suits,
20 actions, or damages alleged, brought, sustained, or incurred
by any person, including, but not limited to personal injury,
21 property damage, or wrongful death, whether or not an owner ofl
property within City or Assessment District, arising out of on
22 in any manner connected with District's management,
maintenance and control of the Flood Control Facilities,
23 including attorney's fees and costs and expenses of the
defense of any such matter, except as the same may arise from
24 the negligent act or omission of the City in the performance
of the obligations for which it bears responsibility as
25 hereinabove set forth.
26 This section is included in this Agreement in consideration of
the fact that City has acted as the conducting authority with
27 regard to all matters and Proceedings hereinabove mentioned,
and its City Council has acted as legislative body in
28 connection with all such Proceedings and matters and is the
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1 legislative body of Assessment District, and District has had,
2 no responsibility, nor participation in any such matters and
Proceedings and to accurately reflect and set forth the
3 relationships between the parties with respect to such matters
and Proceedings.
4 13 . SUCCESSORS AND ASSIGNS. The provisions of this Agreement
5 shall inure to and be binding upon each of the parties and
their successors and assigns.
II
61; 14 . SPECIAL TERMS AND CONDITIONS. For any particular terms and
conditions as they relate to this Assessment District and
7 !j these proceedings, reference is made to Exhibit "A" attached
hereto and incorporated herein.
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2 EXECUTED on the day and year first hereinabove written.
3 CITY OF PALM SPRINGS
"City"
4l?:_ jL Z
5 I§�i*�R'F;tig r�fanager
CITY OF PALM SPRINGS
6 STATE OF CALIFORNIA
7 ATT
8 CITY CLERK
CITY OF PALM SPRINGS
9 STATE OF CALIFORNIA
10 RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
11 RECOMMENDED FOR APPROVAL: "District"
By
KENNETH L. EDWARDS CHAI BOARD OF PERVISORS
3 CHief Engineer RIV RSIDE COUNTY FLOOD CONTROL
AND( WATER CONSERVATION DISTRICT
14 STATE OF CALIFORNIA
15 ATTEST:
17 CLE K,_BD D -OF,._S ' VISORS
RI RSIDF, COUMITY` FLOOD CONTROL
AND WATER _CONSERVATION -DISTRICT
18 STATE OF CALIFORNIA
19 APPROVED S TO FORM:
20 WILLI C/ KATZENSTEIN
County e1
21 �_ ,
By �. 1
22 Deputy
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23 MDR:bjp
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APPROVED BY THE CITY COUNCIL
26 1,4 [BYRES. NO.
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