Resolution No. 95641
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RESOLUTION NO. 9564
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR MAINTENANCE OF LANDSCAPE AREA
WITHIN STATE HIGHWAY RIGHT OF WAY BY AND BETWEEN
THE CITY OF VERNON AND THE STATE OF CALIFORNIA,
ACTING BY AND THROUGH THE DEPARTMENT OF
TRANSPORTATION, FOR SLOPE PAVING ON ATLANTIC
BOULEVARD SOUTH OF THE NEW 26TH STREET BRIDGE
WHEREAS, on September 5, 2006, the Redevelopment Agency of
the City of Vernon adopted Resolution No. RA-305, approving Contract
No. 575 for 26th Street Bridge and Street Improvement (the "Project");
Im
WHEREAS, the Project included the design of the paving of
the west slope of Atlantic Boulevard from the 26th Street Bridge south
to the I-710 north bound on ramp with concrete; and
WHEREAS, the southerly approximately 120 feet of the slope,
or approximately forty percent (400) of the slope paving, is within
the Caltrans right-of-way; and
WHEREAS, Caltrans is requiring that the City execute an
agreement to maintain the slope paving and secure a permit to
construct; and
WHEREAS, the City of Vernon will fund one hundred percent
(1000) of the slope paving design, capital outlay, maintenance and
staffing costs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
IIfinds and determines that the recitals contained hereinabove are true
28 Hand correct.
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SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement for Maintenance of Landscape Area within State
Highway Right of Way, in substantially the same form as the copy which
is attached hereto as Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk is hereby
authorized to attest thereto.
SECTION 4: The City Council of the City hereby authorizes
the City Administrator, or his designee, to make whatever non -
substantive, administrative and/or text changes, upon advice of
1counsel, to the Agreement.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send a fully executed
Agreement to:
State of California Department of Transportation
Attn.: Jeffrey A. Yuen, Landscape Associate
District 7, 100 S. Main Street, 2nd Floor
Los Angeles, CA 90012
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage of,this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 3rd day of March, 2008.
ATTEST:
MAN ELA GIRON, City Clerk
Name: s Leonis . Malburg
Title: Mavor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9564, was
duly adopted by the City Council of the City of Vernon at a regular_
meeting of the City Council duly held on Monday, March 3, 2008, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
41u�-
MANUELA GI N, City Clerk
- 3 -
EXHIBIT A
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY ARNOLD SCHWARZENEGGER, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, 100 SOUTH MAIN STREET, 2ND fl.
LOS ANGELES, CA 90012r>r,
AGREEMENT FOR MAINTENANCE OF LANDSCAPE
AREA WITHIN STATE HIGHWAY RIGHT OF WAY
Permit No. 707-NMC-1865
Location: LA-710-21.68122.06
This Agreement is made and executed effective this day of , 2008
by and between the State of California, acting by and through the Department of
Transportation, District 7, located at 100 South Main Street, Los Angeles, California
90012, hereinafter referred to as "STATE", and City of Vernon, located at 4305
Santa Fe Avenue, Vernon, California 90058, hereinafter referred to
"PERMITTEE".
A. RECITALS:
The parties desire to provide that PERMITTEE may install and maintain State Highway
improvements which shall include installing paving along the slope at the northbound 710
Atlantic Boulevard freeway on ramp in City of Vernon, referred to herein as "PROJECT",
as are shown on the attached Exhibit. PERMITTEE is willing to fund one hundred
(100%) of all design, capital outlay, maintenance, and staffing costs.
B. AGREEMENT:
In consideration of the mutual covenants and promises herein contained, PERMITTEE
agrees as follows:
1. PERMITTEE will submit plans, prepared and signed by a licensed Civil Engineer to the
Office of Permits for review and approval and will obtain all necessary encroachment
permits prior to the start of any work within STATE' S right of way,
2. PERMITTEE may contract with others to install, and thereafter to maintain the
PROJECT per Section 6. A separate encroachment permit is required for any sponsored
third party which shall be issued at no cost. In addition, a letter is required from
PERMITTEE stating that authorization has been granted to a third party to perform such
maintenance work. It is understood that terms and conditions of this agreement, or any
interest herein, or any portion hereof, with exception to Section 7 shall not be assigned or
delegated to third parties.
3. Damage to PROJECT resulting from accident, storm, neglect or other causes beyond the
control of the STATE are the responsibility of the PERMITTEE.
STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY ARNOLD SCHWARZENEGGER, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, 100 SOUTH MAIN STREET, 2ND 11. t
LOS ANGELES, CA 90012
4. STATE will maintain all highway signs, paved drainage structures, and other non -
landscape highway appurtenance with exception to those items listed in Section "A",
Recitals and as shown on the attached Exhibit.
5. All work performed for or by PERMITTEE within the PROJECT will be done at no cost
to the STATE.
6. Various future STATE projects may be implemented which will require removal and/or
modification to all or a portion of PROJECT.
7. Changes to PROJECT affecting public safety or public convenience, all design and
specification changes and all major changes including removal of pavement, wall or
fence shall be approved by STATE in advance of performing work. Unless otherwise
directed by STATE' S representative, changes authorized will require an encroachment
permit. Failure to notify STATE of such changes shall result in the immediate removal
of PROJECT or portions of PROJECT at PERMITTEE' S expense.
C. LEGAL RELATIONS AND RESPONSIBILITIES:
1. Nothing in this provision of this AGREEMENT is intended to create duties or
obligations to or rights in third parties not parties to this agreement, or affects the legal
liability of either party by imposing any standard of care respecting the design,
construction, and maintenance of STATE highway right of way different from the
standard of care imposed by law.
2. It is understood and agreed that neither STATE, nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of anything done or omitted
to be done by PERMITTEE under or in connection with any work performed by
PERMITTEE under this agreement. It is further understood and agreed that, pursuant to
Government Code Section 895.4, PERMITTEE shall defend, indemnify and hold
harmless the STATE, and all of its officers and employees from all claims, suits, or
actions of every name, kind and description brought for or on account of injuries to or
death of any person or damage to property resulting from anything done or omitted to be
done by PERMITTEE under or in connection with any work performed by
PERMITTEE under this agreement.
3. PERMITTEE waives any and all rights to any type of express, implied -and comparative
indemnity against STATE, its officers and employees arising from any work performed
by PERMITTEE under this agreement.
4. Upon termination of this agreement, ownership and title to all materials, equipment and
appurtenances installed inside STATE' S right of way will automatically be vested in
2
STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY ARNOLD SCHWARZENEGGER, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, 100 SOUTH MAIN STREET, 2ND fl.
LOS ANGELES, CA 90012 Fp
STATE. Those materials and equipment installed outside of the STATE' S right of way
will automatically and immediately be vested in PERMITTEE, and no further agreement
will be necessary to transfer ownership.
D. TERM OF AGREEMENT
This AGREEMENT shall become effective upon execution and shall remain in full
force in perpetuity until terminated. Failure to comply with provisions set
forth in Section B, Article 7 would be grounds for Notice of Termination by STATE.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT in duplicate as
of the day and year stated above.
PERMITTEE
City of Vernon
Leonis C. Malburg, Mayor
Date:
ATTEST:
Manuela Giron, City Clerk
APPROVED AS TO FORM:
Jeff Harrison, City Attorney
STATE OF CALIFORNIA
JEFFREY A. YUEN
LANDSCAPE ASSOCIATE
(213) 897-6381
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: March 3, 2008
TO: S. Kevin Wilson, Di -rector of Community Services & Water
FROM: Nelly Giron, City Clerk'
RE;, Resolution No. 9564' - A Resolution of the City Council
of the City of 'Vernon Approving and Authorizing the
Execution of an Agreement for Maintenance of Landscape
Area Within State highway Right of Way By and Between
the City of Vernon and the State of California, Acting
By and Through the Department of Transportation„ for
Slope Paving on Atlantic Boulevard South of the New
26th Street Bridge
Transmitted herewith is a copy of Resolution No. 9564,
referenced above', which was approved by City Council on March 3,
2008, along with a two signed originals of the agreement for
your transmittal.
Please see that one fully executed agreement is returned to the
City Clerk's office for the file
Thank you.
NG:dr
c: Resolution No. 9564
Agreement 0 8 -12 6
C
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Nelly Giron, City Clerk
FROM: Sherwood Natsuhara, Deputy Director of Community Services and Water
DATE: March 19, 2008
SUBJECT: Caltrans Agreement for Maintenance of Landscape Area within State Highway
Right of Way — Atlantic Blvd.
The agreement executed by Caltrans to grant the City of Vernon right to install and maintain
slope paving along the west slope of Atlantic Blvd., south of 26t' Street is enclosed. The permit that is
covered by this agreement is 707-NMC-1865. Please file for your records
SYN
Enclosures
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY ARNOLD SCHWARZENEGGER, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, 100 SOUTH MAIN STREET, 2ND fl
LOS ANGELES, CA 90012 r
AGREEMENT FOR MAINTENANCE OF LANDSCAPE
AREA WITHIN STATE HIGHWAY RIGHT OF WAY
Permit No. 707-NMC-1865
Location: LA-710-21.68/22.06
This Agreement is made and executed effective this 3 day of 11varc , 2008
by and between the State of California, acting by and through the Department of
Transportation, District 7, located at 100 South Main Street, Los Angeles, California
90012, hereinafter referred to as "STATE", and City of Vernon, located at 4305
Santa Fe Avenue, Vernon, California 90058, hereinafter referred to
"PERMITTEE".
A.. RECITALS:
The parties desire to provide that PERMITTEE may install and maintain State Highway
improvements which shall include installing paving along the slope at the northbound 710
Atlantic Boulevard freeway on ramp in City of Vernon, referred to herein as "PROJECT",
as are shown on the attached Exhibit. PERMITTEE is willing to fund one hundred
(100%) of all design, capital outlay, maintenance, and staffing costs.
B. AGREEMENT:
In consideration of the mutual covenants and promises herein contained, PERMITTEE
agrees as follows:
1. PERMITTEE will submit plans, prepared and signed by a licensed Civil Engineer to the
Office of Permits for review and approval and will obtain all necessary encroachment
permits prior to the start of any work within STATE' S right of way,
2. PERMITTEE may contract with others to install, and thereafter to maintain the
PROJECT per Section 6. A separate encroachment permit is required for any sponsored
third party which shall be issued at no cost. In addition, a letter is required from
PERMITTEE stating that authorization has been granted to a third party to perform such
maintenance work. It is understood that terms and conditions of this agreement, or any
interest herein, or any portion hereof, with exception to Section 7 shall not be assigned or
delegated to third parties.
3. Damage to PROJECT resulting from accident, storm, neglect or other causes beyond the
control of the STATE are the responsibility of the PERMITTEE.
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY ARNOLD SCHWARZENEGGER, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, 100 SOUTH MAIN STREET, 2ND fl.
LOS ANGELES, CA 90012 Fo-
r
4. STATE will maintain all highway signs, paved drainage structures, and other non -
landscape highway appurtenance with exception to those items listed in Section "A",
Recitals and as shown on the attached Exhibit.
5. All work performed for or by PERMITTEE within the PROJECT will be done at no cost
to the STATE.
6. Various future STATE projects may be implemented which will require removal and/or
modification to all or a portion of PROJECT.
7. Changes to PROJECT affecting public safety or public convenience, all design and
specification changes and all major changes including removal of pavement, wall or
fence shall be approved by STATE in advance of performing work. Unless otherwise
directed by STATE' S representative, changes authorized will require an encroachment
permit. Failure to notify STATE of such changes shall result in the immediate removal
of PROJECT or portions of PROJECT at PERMITTEE' S expense.
C. LEGAL RELATIONS AND RESPONSIBILITIES:
1. Nothing in this provision of this AGREEMENT is intended to create duties or
obligations to or rights in third parties not parties to this agreement, or affects the legal
liability of either party by imposing any standard of care respecting the design,
construction, and maintenance of STATE highway right of way different from the
standard of care imposed by law.
2. It is understood and agreed that neither STATE, nor any officer or employee thereof is
responsible for any damage or liability occurring by reason of anything done or omitted
to be done by PERMITTEE under or in connection with any work performed by
PERMITTEE under this agreement. It is further understood and agreed that, pursuant to
Government Code Section 895.4, PERMITTEE shall defend, indemnify and hold
harmless the STATE, and all of its officers and employees from all claims, suits, or
actions of every name, kind and description brought for or on account of injuries to or
death of any person or damage to property resulting from anything done or omitted to be
done by PERMITTEE under or in connection with any work performed by
PERMITTEE under this agreement.
3. PERMITTEE waives any and all rights to any type of express, implied and comparative
indemnity against STATE, its officers and employees arising from any work performed
by PERMITTEE under this agreement.
4. Upon termination of this agreement, ownership and title to all materials, equipment and
appurtenances installed inside STATE' S right of way will automatically be vested in
F)
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY ARNOLD SCHWARZENEGGER, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, 100 SOUTH MAIN STREET, 2ND fl.
LOS ANGELES, CA 90012
STATE. Those materials and equipment installed outside of the STATE' S right of way
will automatically and immediately be vested in PERMITTEE, and no further agreement
will be necessary to transfer ownership.
D. TERM OF AGREEMENT
This AGREEMENT shall become effective upon execution and shall remain in full
force in perpetuity until terminated. Failure to comply with provisions set
forth in Section B, Article 7 would be grounds for Notice of Termination by STATE.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT in duplicate as
of the day and year stated above.
PERMITTEE STATE OF CALIFORNIA
City of Vernon - - -- - -
Leonik C. Malburg, Mayo
(ICY A. EN
Date: 3 13 lQ g
LANDSCAPE ASSOCIATE
ATT ST:
(213) 897-6381
M uela Giron, C y Cl rk
APPROV D AS TO FORM:
J a son, City Attorney
91
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