HomeMy WebLinkAbout1992-07-14 - AGENDA REPORTS - INDEMNIFICATION AGMT EASEMENT (2)AGENDA REPORT
City Manager Approval
Item to be presented Y.
CONSENT CALENDAR Ken Pulskam
DATE: July 14, 1992 �Y
SUBJECT: Indemnification Agreement Standard Language for Bouquet Canyon
Trail Easement Providers
DEPARTMENT: Parks and Recreation Department
Background:
Requests for conditions, controls, and liability indemnification by land owners
during the easement acquisition for the Bouquet Canyon Trail have created a need
to utilize standardized agreements.
This language is proposed to be used as a City standard in easement acquisition
and indemnifcation agreements for City trail opportunities. The proposed
standard language has been reviewed and accepted by City staff and the City
Attorney.
Fiscal Impact•
None.
Recommendation:
It is recommended that City Council approve this language for use in all trail
easements and indemnification agreements, as appropriate.
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STANDARD EASEMENT LANGUAGE
Any permits required for the improvement, maintenance, or repair of any of the
foregoing easements, including any equestrian trails to be located in or along
the easement, will be applied for and obtained by the City with the cooperation
and support.of the fee owner.
Following the construction of any permanent flood control improvements, fee
owner agrees to relocate any easements that were located in the vicinity of the
permanent flood control improvements so that, following the completionof such
improvements, the City will continue to have easements in the same approximate
width and for the same uses as existed prior to the completion of such
improvements.
The City shall be responsible for the replacement, improvement, and landscaping
of any affected trails (pedestrian, biking, and/or equestrian) ("Permanent
Flood Control Trails") beyond the standard requirements imposed by the Los
Angeles County Flood Control District for flood control structures, fencing,
and service roads.
The City hereby agrees to indemnify, defend, and hold the fee owner, its
partners, officers, directors, shareholders, employees, agents, and
representatives harmless from any and all claims, actions, suits, demands,
judgments, debts, losses, damages, liabilities, costs, and expenses, including
attorneys' fees and costs and including personal injury and property damage,
which arise from the negligent use (including improvement, maintenance, and
repair) by the City or'its contractors, subcontractors, agents, employees, or
other persons acting on the City's behalf or from the use by the public of any
of the foregoing easements.
The City shall keep each easement area in good repair and free of weeds and
trash.
The City will prepare all easement documents, maps, and legal descriptions for
review and approval by the fee owner, order title reports, and obtain any
necessary written consents from underlying fee or easement holders.
The City also agrees that each easement will contain a reservation in favor of
the fee owner authorizing the fee owner, in connection with development,
maintenance, repair, and/or construction activities adjacent to an easement
area, to temporarily relocate easement areas, at the fee owner's expense,
and/or to temporarily (not to exceed 90 days) close easement areas in
connection with such development, maintenance, repair, and/or construction
activities. Following the completion of any development, maintenance, repair,
and/or construction activities, which necessitate temporary relocation or
temporary closure, the fee owner shall, at its sole cost and expense, restore
any affected easement area to its condition prior to the. commencement of such
activities.
Each of the foregoing easements shall run with the land and be binding on the
City's and fee owner's successors and assigns.
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