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HomeMy WebLinkAbout1992-05-26 - AGENDA REPORTS - SOLEDADCYN WIDENING PROJ 91 04 (2)CONSENT CALENDAR DATE: May 26, 1992 AGENDA REPORT City Manager Approval Item to be presented by: �/ Anthony J. NisichM i� SUBJECT: SOLEDAD CANYON ROAD EAST OF SAND CANYON ROAD WIDENING (PROJECT 91-04) - UTILITIES AGREEMENT DEPARTMENT: Community Development BACKGROUND As part of the subject project, a number of utilities must. be lowered, raised, or relocated in order to construct the road improvements. A dispute exists between the City and Newhall County Water District (NCWD) regarding who shall bear the costs of relocating NCWD's facilities. It is NCWD's position that all costs associated with relocation of their existing water facilities shall be at the City's expense, because they are a non profit.quasi public utility. It should be noted that the City entered into a similar agreement with NCWD for utility relocations on the San Fernando Road widening project. Caltrans also entered into a similar agreement for the widening of San Fernando Road between Sierra Highway and Newhall Avenue. Historically, it has been the utility companies expense to relocate their facilities within the public right-of-way, unless they.had•prior rights then the City would bear the expense. In order to expedite this project, staff recommends that Council approve entering into a utilities agreement with NCWD. By this agreement, the City will deposit $69,739:89 with NCWD, under protest, to proceed with its relocation work; however, the City reserves the right to resolve this issue by future negotiations or in court. RECOMMENDATION 1. Approve entering into a utilities agreement. for the relocation of NCWD's facilities and authorize the deposit of $69,739.89 with NCWD. 2. Direct the City Attorney to proceed with necessary litigation to recover the City's costs for both this project and the San Fernando Road widening project. ATTACHMENT Utilities Agreement No. 91-04-1 APPROVED Agenda lkm: _,0 jcd:645 0 UTILITIES.AGREEMENT NO. 91-04-1 SOLEDAD CANYON ROAD :WIDENING PROJECT t This Agreement isentered into this day of, 1992, by and between the City of Santa Clarita, a municipal corporation of the State of California, hereinafter "City", and Newhall County Water District, hereinafter "NCWD". RECITAIS A. City advised NCWD by letter dated May 7, 1992 that. unless NCWD could_ provide prior right documentation, that NCWD would be responsible for relocation/adjustment expenses of their water facilities which conflict with City Project 91-04 Street and Traffic Signal Improvements in Soledad Canyon Road. B. A dispute exists between City and NCWD regarding who should bear the costs of relocating NCWD water facilities because of Project 91-04. C. Although City and NCWD disagree on the issue of who is' _liable for the costs of relocating water facilities, City agrees that in order to expedite its Project 91-04 it will deposit: with NCWD, under protest, the sum of $69,739.89. NOW, THEREFORE,.the parties agree as follows: 1. The Recitals hereinabove set forth are true and correct. 2. City will deposit with the NCWD the sum of $69,739.89 in increments and in sufficient time for NCWD to schedule and complete its relocation work in advance of the City's road construction. 3. Upon receipt of the aforesaid sum of $69,739.89 or increments thereof, NCWD will promptly complete the relocation or increment of relocation of the water facilities required by Project 91-04. 4. NCWD will keep and maintain accounting records with respect to the costs incurred in relocating its water facilities. Page 1 of 2 0 5. It is further agreed that upon receipt of the monies agreed upon to be advanced by City herein, NCWD will deposit said monies in a separate interest-bearing account or trust fund in state or national banks in California having the legal custody of said monies in accordance with the subject to the applicable provisions of Section 53630, et seg., of the Government Code; and all• interest earned by said monies advanced by City and deposited as provided for above. shall be credited to City monthly. 6. In the event actual relocation costs as established herein are less than the sum of money advanced by City to NCWD, NCWD hereby agrees to refund to City, within 90 days, the difference between said actual cost of sum of money so advanced plus interest earned referred to in Section 5 above. In the event the actual relocation costs exceed the sum of 69,739.89 the City will pay to Newhall County Water District the excess within 30 days of receipt of a statement. 7. In executing this Agreement, it is agreed that neither party diminishes its position or waives any of its rights, or accepts any liability. 8. City and NCWD reserve the right to have all liabilities with respect to relocation of water facilities necessitated by said Project 91-04 and the costs of collection resolved by future negotiations or by an action in a court of competent jurisdiction in Los Angeles County, California. IN WITNESS WHEREOF the parties have executed this Agreegnt the day and year first above written. NCWD: CITY OF SANTA CLARITA: Mayor of the City of Santa Clarita Attest: City Clerk of the City of Santa Clarita Date Approved as to Form: City Attorney JCD:352 Page 2 of 2 Date UTILITIES AGREEMENT NO. 91-04-1 SOLEDAD CANYON ROAD WIDENING PROJECT This Agreement is, entered into this day of , 1992, by and between the City of Santa Clarita, a municipal corporation of the State of California, hereinafter "City", and Newhall County Water District, hereinafter "NCWD". RECITALS A. City advised NCWD by letter dated May 7, 1992 that unless NCWD could provide prior right documentation, that NCWD would be responsible for relocation/adjustment expenses of their water facilities which conflict with City. Project 91-04 Street and Traffic Signal Improvements in soledad Canyon Road. B. A dispute exists between City and NCWD regarding who should bear the costs of relocating NCWD water facilities because of Project 91-04. C. Although City and NCWD disagree on the issue of who is' ,liable for the costs of relocating water facilities, City agrees that in order to expedite its Project 91-04 it will deposit with NCWD, under protest, the sum of $69,739.89. `r NOW, THEREFORE, the parties agree as follows: 1. The Recitals hereinabove set forth are true and.correct. 2. City will deposit with the NCWD the sum of $69,739.89 in increments and in sufficient time for NCWD to schedule and complete its relocation work in advance of the City's, road construction. 3. Upon receipt of the aforesaid sum of $69,739.89 or increments thereof, NCWD will promptly complete the relocation or increment of relocation of the water facilities required by Project 91-04. 4. NCWD will keep and maintain accounting records with respect to the costs incurred in relocating its water facilities. Page 1 of 2 5. It is further agreed that upon receipt of the monies agreed upon to be advanced by City herein, NCWD will deposit said monies in a separate interest-bearing. account or trust fund in state or national banks in California having the legal custody of said monies in: accordance with the subject to the applicable provisions of Section 53630, et seq., of the Government Code; and all interest earned by said monies advanced by City and deposited as provided for above, shallbe credited to City monthly. 6. In the event actual relocation costs as established herein are less than the sum of money advanced by City to NCWD, NCWD hereby agrees to refund to City, within 90 days, the difference between said actual cost of sum of money so advanced plus interest earned referred to in Section 5 above. In the . event the actual relocation costs exceed the sum of 69,739.89_ the City will pay to Newhall County Water District the excess within 30 days of receipt of a statement. 7. In executing this Agreement, it is agreed that neither party diminishes its position or waives any of its rights, or accepts any liability. 8. City and NCWD reserve the right to have all liabilities with respect to relocation of water facilities necessitated by said Project 91-04 and the costs of collection resolved by future negotiations or by an action in a court of competent jurisdiction in Los Angeles -County, California. l IN WITNESS WHEREOF the parties have executed this Agree4nt the day and year first above written. NCWD: CITY OF SANTA CLARITA: Mayor of the City of Santa Clarita Attest: City Clerk of the City of Santa Clarita Date Approved as to Form: City Attorney Date JCD:352 Page 2 of 2