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Home My WebLink About01675 - RIVERSIDE COUNTY FLOOD CONTROL ENCROACHMENT ARENAS SPC TOLEDO HORSE EQUESTRIAN TRAIL • 4-a-2 COUNTY OF RIVERSIDE, STATE OF CATiFnRNTA No 6-0-040-625 Riverside Co. Flood ControlDist RIVERSIDE COUNTY FLOOD CONTROL AND WATER ( 10' wide equestrian trail No. side Arenas Levee ENCROACHMENT PER AGREEMENT #1675 (Orig 11-25-80 City of Palm Springs Res 13665, 1-21-81 Post Office Box 1786 Ri6erade Ca�rfornia -- Palm Springs, CA 92262 November 25 19�2 Attention: City Engineer's Office In compliance with your request of October 31 lg 80 and subject to all the terms, conditions and restrictions written below or printed as general or special provisions on any part of this form PERMISSION IS HEREBY GRANTED TO Construct and maintain a 10' wide equestrian trail on the north side of Palm Canyon Wash, adjacent to the back levee face toe, including relocation of the 6 ' chain link fence and regrading the levee back face slope where required. The trail to begin at south Palm Canyon Drive, and extend to Toledo Avenue as shown on the plans submitted. The rights of the Riverside County Flood Control and Water Conservation District in said land is an easement for flood control purposes only and it may be necessary to obtain permission from the fee owner, "The United States of America through the Bureau of Indian Affairs. " The Permittee shall hold the District harmless from all claims arising out of the use of said land as an equestrian trail. The District retains a right to remove the fences in any man- ner required and use said land when necessary for flood fighting operations, without obligation to restore in kind. Restoration of fences and land for equestrian use will be the sole responsibility and expense of the Permittee or their agent. The District retains the right to rescind the Encroachment Per- mit with 90 days written notice in the event irresolvable conflicts arise, or a future reconstruction of the levee requires elimination of the equestrian trail. Permittee' s attention is called to Special Provision Nes. 1 & 2 found on the reverse side hereof, requiring 5 days notice prior to commencing work. Notice may be given by calling Jack Hanson at 787-6667. Permittee will have 120 days to complete the work. This permit is to be strictly construed and no worli other than that specifically mentioned above is authorized hereby. Performance of the work shall be deemed to be acceptance by the Permittee of all terms and conditions of this permit. This permit shall be void unless work herein contemplated shall have been completed before A.Pril 4 ,19-aL. District Drawing 6-134, Sheet 1 RECOMMENDED FOR APPROVAL: APPROVED: Ls< $y_ /✓i�.-� .� /,�ri'/�%✓! .�.,/_��,.._Z.[:'C-.Jam/[ G' :GL,;.,_�. /! PERMIT ENGINEER �' NNETH L.EDWARDS Bt CHIEF ENGINEER \EHI�OF OPERATIONS -" GENERAL PROVISIONS 1. ACCEPTANCE OF PROVISIONS. It is understood and agreed by the Permittee that the performance of any work authorized under this permit shall constitute an acceptance of the provisions contained herein, and failure to comply with said provisions shall result I. revocation of this permit by the Riverside County Flood Control and Water Conservation District.- - 2. NO PRECEDENT ESTABLISHED. This permit is granted with the understanding that this action is not to be considered as establishing any precedent on the question of the expediency of permitting any certain kind of encroachmeht to be erected within right of way of the Riverside Flood Control and Water Conservation District. 3. KEEP PERMIT ON THE WORK. This permit shall be kept at the site of the work and must be shown to any representative of the Riverside County Flood Control and Water Conservation District. 4. PERMITS FROM OTHER AGENCIES. The party or parties to whom this permit is issued shall, whenever the some is required by law, secure the written order or consent to any work hereunder from the Public Utilities Commission of the State of California or any other public Board having jurisdiction, and this permit shall be suspended in operation unless wind until such order or consent is obtained. S. CLEAN UP RIGHT OF WAY. Upon completion of the work, all brush,timber, scraps and material shall be entirely removed and the right of way Veit in as presentable condition as before work started: - - ,G. STANDARDS -OF CONSTRUCTION. All work shall cantor` to recognrzg ad standards of construction. 7. SUPERVISION OF GRANTOR¢ All the work shall,be done subject to the-supervision of, and to the satisfacfion-of, the Riverside County Flood Control and Water Canservathm,District.. E. FUTURE MOVING OF INSTALLATION. If is understood by the Permitter, that whenever construction, reconstruction or maintenance work on the right of way may require, the installation provided for herein shall, upon ]request of the-Riverside County Flood Contra] and Wafer Conservation District, be immediately moved by, and at the sale expense of, the P_ermiftee. 9. EI'ABIL"riMR-DAMAGES. TThe Permittee-is responsible for all liability-for personal injury or property damage Which may - arise out of work herein permitted, or which may arise out of failure on the Permitter's part to perform his obligations under this permit in'respect to maintenance. In the event any claim of such liability is made against the Riverside County Flood Control and Water Conservation District, or any officer or employee thereof, Permittee shall defend, indemnify and hold them and each of them harmless from such claim. 10. MAKING REPAIRS. The permittee shall replace land restore the right of way at the place of the excavation to its condition prior to the making of the excavation. --- 11. CARE OF DRAINAGE. If the work herein contemplated shall interfere-with the established drainage, ample provision shall be made by the Permittee to provide for it as may be directed by the grantor.- _ 72. MAINTENANCE. The permittee agrees by the acceptance of this permit to exercise reasonable care to maintain properly any encroachment placed by it in theiright of way and to-exercise reasonable care in inspecting for and immediately repairing and making'good any injury to any portion of the right airway as a result of they work done under this permit, including any and all injury to the right of way which would not have occurred had such work not been done"or such encroachment-not placed therein. ' r 13. PERFORMANCE�WARRANTY. Bond may be required of the permittee whenever in the judgment of the RiversideCounty Flood Control and Water Conservation.District, it becomes necessary or advisable to guarantee performance.- - -14.-DURATION. This permit may be cancelled by the Riverside County Flood Control and Water Conservation District upon thirty days written notice to permittee. - - f '\ SPECIAL PROVISIONS ® 1. INSPECTION FEE REQUIRED BY GRANTOR. The permittee shall deposit a sum in the amount of$240 On with the Riverside County Flood Control and Water Conservation District at least five working days prior to the anticipated start of work covered by this permit. Said amount fe to cover the estimated cost of inspection, investigation, testing, etc., by the District of the work proposed under the permit. ® 2. NOTICE OF BEGINNING OF WORK. The permittee shall advise the Chief Engineer in writing of the anticipated start of work covered by this permit. Said notice shall be delivered to the office of the Riverside County Flood Control and Water Conservation District at least five working days prior to the start of work. 4-a-3 • • 4-a-4 Encroachment Permit No. 6-0-040-625 City of Palm Springs November 25, 1980 Page 2 The Permittee shall deposit with the District, prior to the anticipated start of work, a sum of $240.00 to cover the cost of inspection on an hourly charge of $20.00. The District shall keep an accurate accounting of all inspection costs and submit a cost statement to the Permittee. If the inspection costs exceed the deposit, the Permittee shall pay the difference upon demand of the District; and if the deposit exceeds the cost, the District shall return the difference to the Permittee. RESOLUTION NO. 13665 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING THE ENCROACHMENT PERMIT PROVISIONS AND AGREEING TO DEFEND, INDEMNIFY, AND HOLD HARMLESS, THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM ANY CLAIM OR ACTION ARISING FROM THE CONSTRUCTION AND USE OF THE DISTRICT RIGHT-OF-WAY AS AN EQUESTRIAN TRAIL. WHEREAS the Riverside County Flood Control and Water Conservation District has granted the City of Palm Springs an encroachment permit to construct an equestrian trail along the north side of the Arenas Levee; and WHEREAS the City of Palm Springs is authorized to use the encroachment permit with the condition that the City will hold harmless, the Riverside County Flood Control and Water Conservation District from all claims arising out of the use of the District' s right-of-way as an equestrian trail , NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, that the City does hereby accept the encroachment permit No. 6-0-040-625 pro- visions and agrees to defend, indemnify, and hold harmless, the Riverside County Flood Control and Water Conservation District from any claim or action arising from the construction and use of the District's right-of-way as an equestrian trail . ADOPTED this 21st day of January 1981 . AYES: Councilmembers Beirich, Field, Ortner, Rose and Mayor Doyle NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Deputy City Clerk City Manager REVIEWED & APPROVED:// / .`'i' WP 3231 4b