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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