Resolution - 9437RESOLUTION NO. 9437
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA APPROVING A MAINTENANCE AGREEMENT
WITH CALTRANS FOR THE CITY INSTALLATION AND
MAINTENANCE OF LANDSCAPING AT THE ROUTE 10/AZUSA
AVENUE OFF RAMP
Section 1. Findings. The City Council of the City of West Covina finds as follows:
A. That the landscaping on Route 10 at the Azusa Avenue off ramp should be modified
to facilitate the completion of negotiations, site planning and design studies currently in
progress with Clippinger Chevrolet, Inc. for the development of an automobile dealership.
B. Caltrans will allow the City to install and maintain new landscaping and sprinklers on
the terms and conditions set out here.
NOW THEREFORE, the West Covina City Council resolves and orders:
A. That the Maintenance Agreement attached and incorporated as Exhibit A hereby is
approved and the Mayor is authorized to execute the Agreement.
B. That the approval of the Maintenance Agreement by the City is contingent upon
approval by the Redevelopment Agency of all costs for removal and replanting of the
landscaping per approved plans and specifications and a binding commitment from
Clippinger Chevrolet, Inc. to pay all costs of maintaining the landscaping for 2 years.
Section 2. The City Clerk shall certify to the adoption of this Resolution.
The foregoing Resolution is hereby approved this 15th day of Apri 1 1997.
ATTEST_:
V yY
City Clerk 17
. APPROVED AS TO FORM:
&J' 1 7
•
2
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of West Covina at a regular meeting thereof held on the 15th day of
Apri 1 1997 by the following vote of the Council:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
ABSENT: None
ABSTAIN: None
CLP171AC.DOC
CITY COUNCIL OF THE CITY OF WEST
COVINA
City Clerk
EXHIBIT "A"
MAINTENANCE AGREEMENT
Permittee: City of West Covina
Permit No,: 797-NLF-0063
• Location: 07-LA-10-36.51
1. This permit is by and between the State of California, acting by, and through the
Department of Transportation, hereinafter referred to as "Caltrans", and the City of
West Covina, hereinafter referred to as "Permittee".
2. Permittee desires modification to existing State highway landscaping including irrigation
facilities consisting of new planting and installation of an automatic irrigation system
along the westbound Route 10 at Azusa Avenue off -ramp, referred to herein as
"Project". Permittee, or its designee or agent, is willing to fund one hundred percent
(100%) of all design, capital outlay, maintenance and staffing (Agency/City) costs.
3. Permittee is responsible to apply for necessary encroachment permit (maintenance) in
accordance with State's standard permit procedures. Permittee shall obtain aforesaid
encroachment permit through the Caltrans' District 7, Office of Permits at (213) 897-
3631. In addition, and after construction of Project, Permittee shall apply for a
maintenance permit on an annual basis one (1) month prior to expiration of previous
encroachment permit.
4. Upon completion of work, Permittee, or its designee or agent, shall assume maintenance
and the expense thereof for Project, at its own expense for two (2) years after
completion of all landscaping work. Permittee shall provide Caltrans with a written
notice regarding the start and completion dates regarding this maintenance period.
Permittee shall notify State Permit inspector a minimum of two (2) working days prior
to the start of any landscape maintenance work for Project. After the two (2) year
period and acceptance from Caltrans, Permittee has no further liability or responsibility
for maintenance of Project.
5. During the two (2) year maintenance period, damage to Project resulting from accident,
storm, neglect or other causes beyond the control of the State is the responsibility of the
Permittee. No replanting responsibilities shall extend after the two year period.
6. Caltrans shall maintain all highway signs, paved drainage structures and other non -
landscape highway appurtenance.
7. All planting shall be maintained by Permittee in such condition that it does not interfere
with the free flow of traffic, including maintaining adequate site distances and visibility
of signs. Trees would be maintained to avoid falling branches and to avoid obscuring
advertising signs. One month prior to completion (installation) of Project, Permittee
shall apply for a maintenance permit. After completion of Project and issuance of
Page 2
Maintenance Agreement
797-NLF-0063
maintenance permit, Permittee is allowed to enter State's property to perform the
maintenance under the terms and conditions of this Maintenance Agreement and permit.
• 8. A monthly schedule of landscape maintenance stating the dates and approximate times
when work is to be performed including names and telephone numbers for 24-hour
emergency contact shall be provided to the State Permit Inspector.
9. Permittee shall provide and maintain all water and irrigation systems including utility
costs for the Project. Irrigation systems will maintained and operated to avoid slope
damage and water run-off or spray onto the pavement. After the two (2) year
maintenance period by Permittee, Permittee shall notify the utility company regarding
the change of name, address, and billing from Permittee to Caltrans.
10. Landscaping, paving or other unplanted areas along the roadside within the limits shown
on the attached plans, exclusive of paved drainage facilities, will be maintained so as not
to obstruct the flow of water. Caltrans will be responsible for maintaining paved
drainage structures.
11. Various future Caltrans projects may be implemented which will require removal and/or
modification to all or a portion of Project. Any replacement landscaping within the two
(2) year maintenance period including irrigation facilities shall be Permittee's
responsibility. Upon completion of work, which affects the limits of maintenance, a
revised Exhibit will be prepared and delivered to Caltrans for approval. Exhibit will
supersede the original limits shown on the original permit plans.
12. Changes to Project affecting public safety or public convenience, all design and
specification changes and all major changes including removal, pruning, or addition of
either planting or irrigation shall be approved by State in advance of performing work,
Unless otherwise directed by the State Permit Inspector, changes authorized will require
an encroachment permit. Failure to notify Caltrans of such changes shall result in the
immediate removal of Project or portions of Project at Permittee's expense.
13. Upon completion of all work under this Project, ownership and title to material,
equipment and such appurtenances installed within State's right-of-way will
automatically be vested in State. No further agreement will be necessary to transfer
ownership.
14. City's resolution regarding the approval of the terms and conditions of this permit is
required prior to issuing the permit.
45. Neither Caltrans and 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, authority or jurisdiction delegated to
Permittee under this Agreement. It is understood and agreed that, pursuant to
Page 3
Maintenance Agreement
797-NLF-0063
Government Code Section 895.4, Permittee shall fully defend, indemnify and save
• harmless the State of California and Caltrans, all officers and employees from all claims,
suits or actions of every name, kind, and description brought for or on account of injury
(as defined in Government Code Section 810.8) occurring by reason of anything done
or omitted to be done by Permittee under or in connection with any work, authority or
jurisdiction delegated to Permittee under this Agreement.
16. It is understood that ifPermittee within the two (2) year maintenance period decides not
to maintain the Project or if the planting is not maintained at a reasonable level subject
to Caltrans' consent, Caltrans shall provide Permittee with written notice of Permittee's
failure to provide maintenance and/or Caltrans' decision that subject landscaping is not
maintained at a reasonable level. Permittee shall respond within thirty (30) days of
receipt of said notice. Said response shall describe the action to be taken by Permittee
to bring the affected areas back into compliance or to remove the landscape
improvements and restore said areas to the pre -landscape condition. In the event
Permittee does not provide such response and take any action, Caltrans will take the
necessary action(s) to remove the landscaping and restore the affected areas to their
pre -landscaped condition at Permittee's expense.
Indicate your acceptance of all terms and conditions of this permit by signing and returning
the original to this office.
CITY OF WEST COVINA:
..P...,. A, . h►,
BenjanliA Wong, Mayor
APPROVED AS TO FORM:
E. artyn
City Attorney
CALTRANS:
Paul Matsuyama, Landscape Architect
ECD305AC.DOC