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HomeMy WebLinkAbout2002-05-14 - AGENDA REPORTS - CITY COUNTY USE AGMT (2)CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: Item to be presented by: Kit Nell DATE: May 14, 2002 SUBJECT: CITY/COUNTY USE AGREEMENTS DEPARTMENT: Transportation & Engineering Services RECOMMENDED ACTION City Council authorize the City Manager or designee to execute various recreation, trail, and landscape Use Agreements with Los Angeles County (County) and/or Los Angeles County Flood Control District (LACFCD). BACKGROUND From time to time, the City has requested approval from the County and LACFCD to construct, operate, and maintain trails, or plant and maintain landscaping on County or LACFCD property. Where feasible, the County has cooperated with the City in the development of these improvements. The County requires that approved requests be documented in a Use Agreement that, although a formality, requires City Council action before it can be executed. The attached draft is an example of one such Use Agreement. Staff proposes that this process could be streamlined if, at this time, the City Council approves authorization for the City Manager or designee to execute all such Use Agreements. This action does not change the existing City contract approval process, including the requirement to obtain the City Attorney's approval as to form. ALTERNATIVE ACTIONS Bring each Use Agreement to the City Council for approval. Other action as determined by the City Council. FISCAL IMPACT None. ATTACHMENT Draft Use Agreement KN:tw councilWae agceementa.doc PRO A���/, Item: Soo VAgenda Agreement No. Private Drain 1869 Thomas Guide No. 4550 (1-15) Fifth District USE AGREEMENT DRAFT This Agreement, entered into on , 2001, by and between the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as the "DISTRICT" and THE CITY OF SANTA CLARITA, a municipal corporation, hereinafter referred to as "CITY": W I T N E S S E T H WHEREAS, the DISTRICT owns fee title to Private Drain 1869 from east of the intersection of San Fernando Road and Oakridge Drive extending southeasterly to Oakridge Drive in the City of Santa Clarita, County of Los Angeles, State of California; and WHEREAS, the CITY desires to construct, operate, and maintain a pedestrian and bicycle trail, hereinafter referred to as "Trail", along the access road of Private Drain 1869; and WHEREAS, DISTRICT, while performing the primary function of flood control and water conservation, is willing to cooperate where feasible with the CITY, in the CITY's development of a recreational trail along Private Drain 1869 from east of the intersection of San Fernando Road and Oakridge Drive extending southeasterly to Oakridge Drive in the City of Santa Clarita, as shown in Exhibit A attached hereto, and made a part hereof hereunder referred to as PREMISES; and WHEREAS, the DISTRICT and the CITY desire to enter into this Use Agreement to establish the construction, operation, maintenance, and financial obligations of each party. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto agree as follows: SECTION I CITY AGREES: To bear all costs to prepare plans and specifications and to construct the Trail and all appurtenant facilities, secure the right of way. and all other costs of any nature whatsoever which are necessary for the CITY's use of the PREMISES. Agreement No. 2. To obtain approval of the plans and specification for construction of the Trail in the form of a non -fee permit from DISTRICT's Construction Division, Subdivision and Permits Unit, priorto any construction. CITY shall also secure DISTRICT's prior approval as set forth herein, and revise the permit for any changes made to the approved plans and specifications. 3. To bear all costs for the installation, operation, and maintenance of all improvements, including but not limited to landscaping and its irrigation system constructed or placed on the PREMISES by CITY or DISTRICT made pursuant to this Use Agreement. 4. To provide DISTRICT with approved As -Built plans. 5. To keep, inspect and maintain the PREMISES and Trail in a safe, clean, and orderly condition at all times during the term of this Use Agreement and not permit rubbish, tin cans, bottles, garbage, etc., to accumulate at any time, nor to commit, suffer, or permit any waste on the PREMISES and Trail or any acts to be done in violation of any laws or ordinances. 6. To remove graffiti from the Trail surface and any walk, fences, and signs which are adjacent to the PREMISES. 7. All fencing, and other facilities installed by CITY will be subject to removal by CITY at DISTRICT's request, and cost for removal, and restoration of PREMISES shall be borne by CITY. 8. To close all gates and take all actions necessary to render the Trail inaccessible to public access in the event CITY abandons its operation and maintenance of the Trail, or during periods of precipitation, inclement weather, or when notified by DISTRICT. 9. CITY agrees to defend, indemnify, and hold the DISTRICT harmless from and against any and all liability and expenses, defense costs, and legal fees including but not limited to personal injury, bodily injury, death, and property damage arising out of the presence or release of hazardous substances, negligence or wrongful acts or omissions of the CITY, its agents, officers, contractors, employees and invitees, and including all claims against the DISTRICT for dangerous condition of the PREMISES and Trail, but only to the extent that the existence of such dangerous conditions is asserted as a result of the development and/or maintenance of the PREMISES and Trail or other improvements made pursuant to this Use Agreement. For purposes of this Agreement No. provision "DISTRICT" shall include the Los Angeles County Flood Control District, the County of Los Angeles and their Board, officers, agents, and employees. 10. CITY shall at its own expense takeout and maintain in force, at all times during the term of this Use Agreement, a policy or policies of insurance covering the PREMISES. As minimum the policy shall meet the following criteria: • Coverage for comprehensive general liability and property damage with a combined single limit in the amount of not less than FIVE MILLION DOLLARS ($5,000,000). • The County of Los Angeles and Los Angeles County Flood Control District, its governing board, officers, and employees shall be named as Additional Insured on all policies of liability insurance. • This Use Agreement No. _ is included as part of the insured premises. The DISTRICT may accept, should the CITY elect to provide, a Certificate of Self -Insurance. The limits of such self-insurance coverage are warranted to meet or exceed those specified in Section 1.10 herein. CITY shall furnish DISTRICT, a certificate evidencing CITY's self-insurance coverage no later than ten (10) working days after execution of this Use Agreement, but before the CITY takes possession of the PREMISES. The DISTRICT shall be given notice in writing at least thirty (30) days in advance of cancellation or modification of such policy. CITY shall furnish DISTRICT, a certificate evidencing CITY's self-insurance coverage prior to the commencement of this Use Agreement. SECTION 11 DISTRICT AGREES: 1. To review plans and specifications for the Trail and fence relocation, and notify CITY of its approval. 2. To grant CITY permission to use DISTRICT's right of way for purposes stated herein. 3. To inspect the PREMISES for compliance with approved plans and specifications. Agreement No. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. CITY and DISTRICT shall have no financial obligation to each other under this Use Agreement, except as herein expressly provided. 2. Use of the PREMISES shall be subordinate to the basic flood control and water conservation purpose of the area as determined by the DISTRICT's Chief Engineer and shall in no way conflict with this purpose. The DISTRICT reserves the right to cancel this Use Agreement, should, in its opinion, there develop a substantial incompatibility between the CITY's permitted use herein and DISTRICT's uses for flood control and water conservation utility or transportation purposes, arising from any cause whatsoever. Said use shall be terminated thirty (30) days after notification in writing by the DISTRICT's Chief Engineer. 3. The parties expressly recognize and intend that in consideration of this Use Agreement which is solely for CITY's benefit, that DISTRICT is not to incur any liability whatsoever, for any injury, death, or property damage arising from any use of the Trail by persons who gain entry through openings or areas provided for CITY's use even in the event that the injury, death, or damage is caused by DISTRICT's ordinary negligence and not willful or gross negligence. Should any person or persons enter the DISTRICTs right of way in the vicinity of the Trail, it shall be presumed unless proved otherwise by CITY, that such person or persons gained entry through openings provided by CITY's use. 4. DISTRICT, its Board, any authorized officer, engineer, employee, contractor, through its agents or representatives, shall have full right and authority to enter in and upon PREMISES at any and all reasonable times during the term of this Use Agreement all without interference or hindrance by CITY, its agents, officers, contractors, employees, or representatives for the purpose of inspecting the same and to serve or post any notice required or permitted by law for protection of any right or interest of DISTRICT. 5. CITY hereby warrants and represents that it will not cause or allow to be caused, the presence, use, storage, or disposal of any hazardous substances on or about the PREMISES without the prior written consent of DISTRICT. 6. CITY shall be the lead agency and will provide the necessary environmental clearances and any other permits as required by law. 1 Agreement No. 7. This Use Agreement and any subsequent permit(s) affecting the PREMISES issued by the DISTRICT, shall terminate upon thirty (30) days' written notice from DISTRICT or designee to CITY, at DISTRICT'S sole discretion. 8. Any amendment to this Use Agreement shall be executed by the DISTRICT'S Chief Engineer or his designee. Agreement No. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the said LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, by order of its Board of Supervisors, has caused the Lease to be subscribed by the Chair of the Board and the seal of said DISTRICT to be affixed hereto and attested by its Executive Officer of the Board of Supervisors, and the CITY has hereunto subscribed their names, the day and year first above written. "DISTRICT" LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic Chair, Board of Supervisors ATTEST: VIOLET VERONA-LUKENS, Executive Officer of the Board of Supervisors of the County of Los Angeles Deputy APPROVED AS TO FORM: LLOYD W. PELLMAN, County Counsel L37 Deputy Date m Name: Title: "CITY" CITY OF SANTA CLARITA