HomeMy WebLinkAboutLos Angeles Flood Control District - Recreational Facilities by Wilderness Park 1
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
P.O. BOX 2418,TERMINAL ANNEX
Y1/8/10. LOS ANGELES,CALIFORNIA 90054 A88'T CHIEF DEPUTY ENGINEERS
HOWARD H. HAILE
A. E. BRUINGTON TELEPHONE 223-2111 OMER D. HALL
CHIEF ENGINEER CHESTER MAGNESS
M.W. RANSOM July 17, 1970 ADMINISTRATIVE DEPUTY
CHIEF DEPUTY ENGINEER JAMES R. POLLEY
FILE NO. Contract No. 16567
RECEIVED All Streams and Projects
Transmittal of Agreement
Dept.of Public Works
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Mr. Chester N. Howard
Director of Public Works
City of Arcadia
P. 0. Box 60
Arcadia, CA 91006
Dear Mr. Howard:
Transmitted herewith is one fully executed copy of Agreement No. 16567
between your City and this District which provides for the use of
District rights of way for recreational purposes.
Your requested use of District rights of way in the vicinity of
Wilderness Park may now be considered. Your proposed use is being
reviewed as Permit Application No. 70270-B, and a permit for this
purpose should be issued in the very near future with no further effort
on your part.
Yours very truly,
A. E. Bruington, Chief Engineer
By
e . J. Wile
C. J. Wilt
Division Engineer, Project Planning
Enc.
2250 ALCAZAR STREET, LOS ANGELES
- 7 575R Cdb 2-68 .d
1 • AGREEMENT
2 THIS AGREEMENT, BY AND BETWEEN
3 LOS ANGETFS COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic, hereinafter
4 referred to as "DISTRICT";
5 AND
6 •CITY OF ARCADIA, a municipal corporation
in the State of California, hereinafter
7 referred .to as "CITY";
8 COOPERATIVE PROGRAM
9 1 . District, while performing its primary functions of flood control
10 and water conservation, will cooperate where feasible with City in the
11 development of recreational facilities located on District properties.
12 EXISTING FACILITIES
13 2. To establish for the purposes of this Agreement the exact extent
14 of the present use of District property by authorized City activities, City will,
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• a• °' 15 within six (6) months of the date of execution of this Agreement, provide
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z 16 District with a detailed written statement indicating the type and location
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(g O Q rl r •a _ L r r District i___ i 1 This 1_1_._____i
Ly Q U N 17 I V1 all its present/ use, 11 ciy , o1 JJlb ricL propeLBleb• his statement will
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a .d, m i8 constitute an application to District to recognize these facilities, under the
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Zm 19 terms of 'this Agreement. Written acceptance of the terms of said Agreement
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O 20 by District will be effective upon transmittal to City of District's written
21 approval. All past permits and approvals shall be and become void when
22 approved for inclusion within this Agreement or two (2) years from the date of
23 said execution of said Agreement, whichever shall first occur.
24, FUTURE FACIT,TTIES
25 3. City will submit written requests for any future City activities
26 on District properties to District for its review. Upon written notification
27 by Chief Engineer of District that the proposed use is compatible with District's
•
28 functions; the use may be initiated, subject to the terms of said written
29 notification and this Agreement. District at its sole discretion may at any
30 time notify City in writing of modification, or additions to the special
31 conditions relating to City activities. Said modifications and/or additions
32 shall become binding upon City from the date of notification to City upon
•
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1 failure of City to submit written' objection to said conditions to District.
2 4. In the event modification of any District facility is required
3 for City development, and provided that such modification at City's expense is
4 acceptable to District, District will provide written approval of the proposal
5 and a permit will be issued by District for said modification. The use of
6 said facility will not commence until the terms of the permit have been fully
7 complied with to the satisfaction of District's Chief Engineer and a letter
8 so indicating has been received by City.
9 USE OF DISTRICT RIGHTS OF WAY
10 5. To the degree it is empowered to do so, District will grant City
11 permission to use District's rights of way to carry out the recreational
12 purposes herein contemplated, where such use is approved as provided in
13 Paragraphs 3 and 4, supra. Any change in revenue or increased cost to the
iN 14 District caused by reason of recreational use of District's rights of way,
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15 however, shall be compensated by City. These costs shall include, but not be
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o• f o - 16 limited to, land costs, severance damages and incidental costs relative thereto.
a < u 17 FLOOD CONTROL AND WATER CONSERVA'T'ION PRIORITY
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< 18 6. Use of facilities for recreational purposes shall be subordinated
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Z19 to the basic flood control and water conservation purposes of the area as
2
20 determined by Chief Engineer for District and shall in no way conflict with
•
21 this purpose. Chief Engineer reserves the right to cancel any specific use
22 should, in his opinion, there develop an incompatibility between recreational
23 uses, and flood control and water conservation uses arising from any cause
•
24 whatsoever. Said use shall be and become void thirty (30) days after
25 notification in writing by the Chief Engineer.
26 7. City will maintain the District's rights of way and related flood
27 control facilities affected by recreational uses in accordance with any special
28 maintenance requirements established by District's Chief Engineer.
29 8. All fencing and other facilities required by City's recreational
30 use of District's rights of way will be subject to removal by District for
• 31 maintenance purposes as .required, and cost for restoration and maintenance of
.32 said facilities "shall be borne by City. •
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1 9. District will, except in cases of emergency, advise City of
2 District's maintenance or other activities which might adversely affect the
3 City's recreation facilities, at least two (2) weeks in advance of contemplated
4 activities.
5 10. City shall fully indemnify and hold District harmless from any
6 claims, loss, damage or liability to itself or to third parties occurring by
7 reason of City's use and/or modification of District's rights of way and
8 facilities. Should District prevail in any action at law or arbitration
9 between the parties to this Agreement arising out of said Agreement, City
10 agrees to pay District all costs of said arbitration or action including a
11 reasonable attorney's fee.
12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
13 be executed by and through their respective duly authorized officers, on this
N 14 /�� day of � � , 197 , by City and on this
} a m 15 day of / , 197 by District.
0 z 0 16 VAL/y:5,1, LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
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W 18 W !iL FRp TEM Chairman, Board of Supervisors
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z "0 19 ATTEST: �'�� }'` •1
James S. Mize °.9 S _ 3O
20 Executive Office - -rk of the
Board of Supervisors
21
22 BY % V9, . FA_
Deputy
23 •
APPROVED AS TO FORM:
24 John D. Maharg
County Counsel •
25
26 By bt t?- ' -L.0
J Deputy
27 •
CITY OF ARCADIA.
28
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29 By
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30 ATTEST: (91-1.-er4 ADOPTED
31 Gr BOARD OF SUPERVISORS
B it:' 54,n � } COUNTY OF LOS ANGELES
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64 JUL 7 1970
5/26/70
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JAMES S. MIZE
EXECUTIVE OFFICER
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June 23, 1970
Mr. A. E. Bruington, Chief Engineer
Los Angeles County Flood Control District
P.O. Boy: 2418, Terminal Annex
LoE tngeles, California 90054
0 Attention: Mr. C. J. Wilt, Division Engineer
Subject: Recreational Agreement - Your File No. 1.34
Dear Mr. Bruington:
--. Subject Recreational Agreement was approved by the Arcadia City Council
, on June 16, 1970. Transmitted herewith are the original and two copies of
the Agreement for your execution. The writer has retained one copy for our
records.
Y Please return a fully executed copy for our permanent records.
Very truly yours,
CHESTERI RD,
Director of Public Works
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CC - City Clerk
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DATE: June 12, 1970
TO: Lyman H. Cozad, FROM: Chester N. Howard,
City Manager Director of Public Works
Subject: Arcadia-Los Angeles County Flood Control District
Recreational Agreement
Attached hereto is a copy of a proposed recreational agreement between the
City and subject District. You will recall that the City requested and the
District has indicated that they will grant an easement over property adjacent
to the Wilderness Park such that the area can be developed for parking and
recreational purposes.
Resulting from that, the District has advised that their current policy rela-
tive to recreational uses of District property is to have a formally executed
Recreational Agreement which basically provides for and sets forth the condi-
tions under which any District property within the limits of the City can be
used for recreational purposes. It further cites that on execution of the
Agreement that any subsequent expansion of City use of District property
would be handled on a permit basis. This is desirable inasmuch as it simpli-
fies, and to a great extent eliminates the problems a municipality is con-
fronted with when it desires to make use of District property.
This agreement has been reviewed by the staff and found to be satisfactory.
It is therefore recommended that the Mayor and City Clerk be authorized to
execute this agreement in a form approved by the City Attorney.
Respectfully submitted,
deti4. /./- A4m0924/1
CHESTER N. HOWARD,
Director of Public Works
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APPROVED: _...e Amp_ . .„I/. _An
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