HomeMy WebLinkAboutItem 2j - Amendment to Landscape Maintenance Agreement
DATE: September 5, 2017
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
By: Tim Schwehr, Economic Development Analyst
SUBJECT: AMENDMENT TO THE LANDSCAPING MAINTENANCE AGREEMENT
WITH 7933 AJAY DRIVE L.P. TO INSTALL AND MAINTAIN LANDSCAPING IN THE STATE HIGHWAY RIGHT-OF-WAY ADJACENT
TO 610 N. SANTA ANITA AVENUE
Recommended Action: Approve
SUMMARY
The property owners of 610 N. Santa Anita Avenue are requesting an amendment to
the Landscape Maintenance Agreement approved by the City Council at the April 4,
2017, regular meeting. The amendment replaces the original condition related to
subordination for the project with a condition that requires the property owner to submit a monetary deposit of $2,000 to pay for any future costs that would be incurred by the
City to remove the installed landscaping. The City Attorney has reviewed the proposed
amendment and found it to be acceptable. It is recommended that the City Council
approve, and authorize and direct the City Manager to execute an amendment to the
Landscaping Maintenance Agreement with 7933 Ajay Drive L.P. to install and maintain landscaping in the State Highway right-of-way adjacent to 610 N. Santa Anita Avenue.
BACKGROUND
The property at 610 N. Santa Anita Avenue is an approximately 30,000 square-foot, irregular shaped lot developed with a two-story office building and a surface parking lot.
The property abuts the south side of an onramp to the I-210 Freeway. Dense
landscaping in the right-of-way adjacent to 610 N. Santa Anita Avenue was removed by
Caltrans in 2015, in part to resolve a rodent issue.
In November 2016, the owners of 610 N. Santa Anita Avenue requested the City’s
cooperation to enter into two agreements that will allow them to install and maintain new
landscaping in the Caltrans right–of-way. At the April 4, 2017, regular meeting, the City
Council approved agreements with Caltrans and 7933 Ajay Drive L.P. to install and
maintain landscaping in the State Highway right-of-way. Following this meeting, the
Amendment to Landscaping Maintenance Agreement September 5, 2017
Page 2 of 3
property owners submitted their permit application to Caltrans, and have received final
approval of their permit plans. The property owners are now ready to execute the two
Landscape Maintenance Agreements with the City, and then install the new landscaping
and irrigation in the right-of-way. However, at this time the property owners are unable
to obtain subordination from their mortgage lender, Wells Fargo Bank, which is one of the requirements for the City to enter into these agreements per the original landscape
agreement approved on April 4, 2017. The property owners are now requesting an
amendment to the agreement with the City that will allow them to submit a $2,000 cash
deposit in lieu of the subordination requirement.
DISCUSSION
The agreement with the property owners, 7933 Ajay Drive L.P., included a requirement
to obtain subordination from their mortgage lender, Wells Fargo Bank, prior to the City
entering into these agreements. This requirement is to ensure that in the event the property is sold, the landscaping installed in the right–of-way will either be removed by
the property owner as a condition of the sale, or the new owners will be required to
enter into a new Landscape Maintenance Agreement with the City. Because the
property owners are not able to obtain subordination from their lender, they are
proposing an amendment to the agreement that will allow them to submit an irrevocable, non-refundable cash deposit to City in the amount of $2,000 in lieu of the
subordination requirement. The deposit would be available for the City to use, if needed,
to pay a contractor to remove the new landscaping and irrigation installed, and return
the site to its current vacant state. The cost to do this work is estimated at $600.
Accounting for future inflation, the $2,000 deposit will provide adequate funds for the foreseeable future to complete this work.
The proposed amendment also includes a stipulation that allows the City to require
additional funds to be deposited in the future, as deemed necessary. The City Attorney
has reviewed the proposed amendment and found it to be acceptable. No other changes are proposed to this agreement, and no changes are proposed to the
Landscape Maintenance Agreement with Caltrans previously approved by the City
Council.
Entering into the two proposed landscape maintenance agreements will allow the property owners of 610 N. Santa Anita Avenue to improve the aesthetics and value of
their property. In turn, this helps contribute to the quality standards and aesthetics of
the surrounding business district and the overall commercial stock of the City. As part of
the City’s business friendly approach to governance, Economic Development staff has
worked with the property owners to guide them through the City’s review process and the drafting of the two agreements.
Amendment to Landscaping Maintenance Agreement September 5, 2017
Page 3 of 3
ENVIRONMENTAL ANALYSIS
The amendment to the Landscaping Maintenance Agreement with 7933 Ajay Drive L.P.
is not considered a project as defined by California Environmental Quality Act (“CEQA”)
Section 15378; as a service contract of this nature is considered ministerial.
FISCAL IMPACT
All costs for permits, installation, and maintenance of landscaping in the Caltrans right-
of-way will be paid by the property owners of 610 N. Santa Anita Avenue. The amended agreement between the City and property owners includes indemnification
language, and an irrevocable, non-refundable cash deposit to the City in the amount of
$2,000 to be used, if necessary, to remove the landscaping and irrigation in the Caltrans
right-of-way. The amended agreement also permits the City to require additional funds
at a future date to ensure adequate money is available to remove the landscaping and irrigation. The legal costs to draft the original landscape agreements, and the proposed
amendment, have been paid by the property owners through a Reimbursement
Agreement with the City of Arcadia. As such, the City should not incur any costs either
now or in perpetuity as a result of entering into the two landscape maintenance
agreements.
RECOMMENDATION
It is recommended that the City Council approve, and authorize and direct the City
Manager to execute an amendment to the Landscaping Maintenance Agreement with 7933 Ajay Drive L.P. to install and maintain landscaping in the State Highway right-of-
way adjacent to 610 N. Santa Anita Avenue.
Attachment A – Amended Landscaping Maintenance Agreement (7933 Ajay Drive L.P.)
Attachment B – Caltrans Landscape Maintenance Agreement (Approved 4-4-17)
Attachment C – Site Photos and Conceptual Landscape Plan
Attachment D – April 4, 2017, City Council Staff Report
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Arcadia 240 W. Huntington Drive Arcadia, CA 91066
Attn: City Manager
Exempt from Recording Fee per Government Code § 27383
(Space Above Line for Recorder’s Use Only)
LANDSCAPING MAINTENANCE AGREEMENT
This Landscaping Maintenance Agreement (“Agreement”) made and entered into
this _____ day of ___________, 2017, by and between the City of Arcadia, a California
municipal corporation (“City”) and 7933 Ajay Drive L.P., a California limited partnership (“Owner”). The parties may, from time to time, be referenced as “Party”, individually, and collectively as “Parties”.
RECITALS
WHEREAS, Owner owns the property located at 610 N. Santa Anita Avenue,
Arcadia, CA 91006 (APN 5773-001-045) (“Property”);
WHEREAS, Owner has expressed a desire to install and maintain landscaping along that portion of the State Highway Right-of-Way on Route 210 Eastbound on the south side
of the soundwall from the entrance ramp starting at Santa Anita Avenue to the eastern corner of
the 610 N. Santa Anita Avenue lot line (“Landscaped Area”) depicted in the attached Exhibit
“A” and incorporated herein by reference;
WHEREAS, at the request of Owner, the City will obtain a permit from the State of California’s Department of Transportation (“State”) to install and maintain landscaping in the
State Highway Right-of-Way;
WHEREAS, at the request of Owner, the City will enter into that certain
agreement entitled “Landscape Maintenance Agreement Within State Highway Right-of-Way on Route 210 Within the City of Arcadia” with the State attached hereto as Exhibit “B” and incorporated herein by reference;
WHEREAS, the Owner desires to assume certain responsibilities relating to the
installation and maintenance of landscaping within the Landscaped Area; and
WHEREAS, the Parties desire to enter into this Agreement to govern Owner’s responsibilities as to the Landscaped Area.
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NOW, THEREFORE, for the purposes set forth herein, and for good and valuable
consideration, the adequacy of which is hereby acknowledged, the Parties hereby agree as
follows:
TERMS
1. Incorporation of Recitals. The Parties herby affirm the facts set forth in
the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2. Term. The Agreement shall become effective on the date first written
above and shall remain effective unless and until the City terminates its agreement with the State.
3. Scope of Work. Owner shall provide all labor, supervision, equipment, and transportation necessary to perform the installation and maintenance of landscaping in the
Landscaped Area. Owner agrees to undertake all obligations imposed by the State as set forth in
Exhibit “B”.
4. Specifications.
4.1 Plans and Specifications. Owner shall work with a licensed contractor to develop and cause plans and specifications to be filed with the State. Upon approval by the State, Owner, shall install and maintain landscaping in accordance with those
plans and specifications.
4.2 General Maintenance. The degree or extent of maintenance work
to be performed, and the standards therefore, shall be in accordance with the provisions of Section 72 of the Streets and Highways Code and the then current edition of the State Maintenance Manual. Owner shall conduct daily inspections of the grounds to verify that all
work is being done professionally. Owner shall ensure that all landscaping debris is properly
disposed of on the day such debris accumulates. Owner shall also ensure there is adequate
scheduled routine maintenance necessary to maintain a neat and attractive appearance of the Landscaped Area.
4.3 Unhealthy or Dead Plants; Weeds. Owner shall replace unhealthy
or dead plants when observed or within fifteen (15) days when notified in writing by the City.
Owner shall ensure that the Landscaped Area, curbs, walks, and gutters are kept free of weeds.
Weeding shall be performed regularly to avoid establishment and seeding. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical
spray operations shall be reported quarterly to the State to: District Maintenance at 100 S. Main
Street, Los Angeles, CA 90012.
4.4 Tree, Shrub, and Shrub Bed Maintenance. Owner shall regularly trim shrubbery, plants and trees to contain their size in respect to species, size of planter, or size relative to surroundings and to the best health of the plant. Owner shall control extraneous
growth and ensure State standard lines of sight to signs and corners sight distances are always
maintained for the safety of the public. All tree trimmings for trees over twelve (12) feet shall be
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done on a regular basis to maintain a clean professional appearance. Owner shall provide
complete insect and disease control on all shrubs and trees under twelve (12) feet in height.
4.5 Flower Bed and Ground Cover. Owner shall complete trimming,
edging, and cultivation of all flower beds and ground cover as needed. Owner shall provide complete insect and disease control on all flower and ground cover beds.
4.6 Irrigation System. Owner shall continually inspect, repair, and
operate the irrigation system in a manner than prevents water from flooding or spraying onto
State highway, spraying parked and moving automobiles, or leaving surface area that becomes a
hazard to vehicular or pedestrian travel. Owner shall adjust all sprinkler heads for full coverage as needed. In the event that there is poor coverage, Owner shall add new sprinklers or new lines and provide repairs when necessary. Owner shall provide all associated materials and labor.
Owner shall adjust irrigation controllers for seasonal conditions.
4.7 Fertilization. Owner shall fertilize Landscaped Area twice a year.
Rates of coverage shall be based on the manufacturer’s recommendation and the type of fertilizer shall be consistent with the requirements dictated by seasonal changes. Owner shall provide all associated materials and labor.
4.8 Rodent Control. Owner shall provide routine rodent control.
5. Termination.
5.1 This Agreement shall only terminate subsequent to the termination of the agreement between the City and the State. Owner may request that City terminate its agreement with the State by furnishing a written request to City no less than sixty (60) days from
the desired date of termination. Upon receipt of the written request to terminate, City shall
request that its agreement with the State be terminated. The Parties understand and agree that the
termination of the City’s agreement with the State is subject to mutual agreement between the City and the State.
5.2 Upon termination of this Agreement, Owner shall remove all
plants, shrubbery, and improvements from the Landscaped Area and restore the Landscaped
Area to its original state if the State directs the City to so do pursuant to the City’s agreement
with the State.
6. Insurance. Owner shall secure public liability and property damage
insurance effective as of the effective date of this Agreement. Said insurance shall be maintained
in full force and effect during the term of the Agreement or renewals or extensions thereof. The
following shall apply to insurance required hereunder:
6.1 General liability limits of one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) in aggregate, and five million dollars ($5,000,000)
in excess for bodily injury, personal injury and property damage. The general liability policy
shall be endorsed to state that: the City, its directors, officials, officers, employees, and agents,
and the State, shall be covered as additional insureds with respect to this Agreement. The City
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may update the applicable general liability limits and require Owner to obtain additional
insurance from time to time.
6.2 Each policy required by this Agreement shall be endorsed to state
that: (A) coverage shall not be suspended, voided, intentionally reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to the City, its directors,
officials, officers, employees, agents, and the State.
6.3 Owner and any contractors or subcontractors of Owner, shall furnish the City with original certificates of insurance and copies of all endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and
endorsements for each insurance policy shall be signed by a person authorized by that insurer to
bind coverage on its behalf, and shall be on forms approved by the City. All certificates and
endorsements must be received and approved by the City prior to commencement of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
6.4 The insurance coverage required to be carried hereunder shall be
primary and shall not require any contribution by the City or by the City’s insurance carriers.
The insurance shall not be deemed a limitation of Owner’s agreement to defend, indemnify, and hold harmless and if Owner becomes liable for an amount in excess of the insurance, Owner will defend, indemnify, and hold the City harmless from the whole thereof.
6.5 In addition to meeting the City’s requirements, Owner shall meet,
to the satisfaction of the State, all procedural and substantive requirements pertaining to
insurance set forth in the City’s agreement with the State.
7. Indemnity.
7.1 Owner shall, at Owner’s sole expense and with counsel reasonably
acceptable to the City, defend, indemnify and hold harmless City, its officers, employees, and
agents from and against all claims (including injuries, demands, losses, actions, causes of action,
damages, liabilities, expenses, charges, assessments, fines or penalties of any kind, and costs including consultant and expert fees, court costs and attorney’s fees), arising out of:
(a) Any and all demands made upon City by the State pursuant
to the City’s agreement with the State;
(b) Any act, error, omission, or negligence of the Owner, its
officers, employees, or agents or any of the Owner’s invitees, guests, and contractors, in, on, or about the Landscaped Area; and
(c) Any alterations, activities, work or things done, omitted,
permitted, or allowed by Owner, its officers, employees, or agents in, on, or about the
Landscaped Area.
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7.2 This indemnification extends to and includes, without limitation,
claims for:
(a) Injury to any persons (including death at any time resulting
from that injury); and
(b) Damage to or destruction of the Landscaped Area.
7.3 Owner’s indemnification obligation hereunder shall survive the
termination of this Agreement until all claims against the City involving any of the indemnified
matters are fully, finally and absolutely barred by the applicable statutes of limitations.
8. Prevailing Wages. By its execution of this Agreement, Owner certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et
seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage
Laws”), which require the payment of prevailing wage rates and the performance of other
requirements on certain “public works” and “maintenance” projects. If the work performed
under this Agreement is part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is one thousand dollars
($1,000) or more, Owner agrees to fully comply with such Prevailing Wage Laws. Owner shall
defend, indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. Owner shall require its contractors to include prevailing wage requirements in all subcontractors entered into to perform work or
services under this Agreement when the work to be performed is a “public work” as defined in
Sections 1720(a)(1) and 1771 of the Labor Code.
9. DIR Registration. If the work being performed under this Agreement is
part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, Owner and all subconsultants must be registered with the Department of Industrial Relations. If applicable, Owner shall maintain registration for the
duration of the Project and require the same of any subconsultants. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Owner’s sole responsibility to comply with all applicable registration and labor compliance requirements.
10. Miscellaneous Terms.
10.1 Entire Agreement; Assignment. This Agreement constitutes the
entire agreement between the Parties. No waiver of any term or condition of this Agreement
shall be deemed a continuing waiver hereof.
10.2 Amendments. Any alterations, variations, modifications, or
waivers of provisions of the Agreement, unless specifically allowed in the Agreement shall be
valid only when they have been reduced to writing, duly signed and approved by authorized
representatives of both parties as an amendment to this Agreement. No oral understanding or
agreement not incorporated herein shall be binding on any of the Parties hereto.
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10.3 Attorneys’ Fees. If either Party commences an action against the
other Party, either legal, administrative, or otherwise, arising out of or in connection with this
Agreement, the prevailing Party in such litigation shall be entitled to have and recover its
reasonable attorneys’ fees and all other costs of such action.
10.4 Governing Law; Venue. The interpretation and enforcement of
this Agreement shall be governed by the law of the State of California and venue shall be in a
court of competent jurisdiction located in Los Angeles County.
10.5 Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
10.6 Captions. The headings or captions contained in this Agreement
are for identification purposes only and shall have no effect upon the construction or
interpretation of this Agreement.
10.7 Ambiguities. The Parties have each carefully reviewed this Agreement and have agreed to each term of this Agreement. No ambiguity shall be presumed to
be construed against either Party.
10.8 Notices. All notices permitted or required under this Agreement
shall be given to the respective Parties at the following address or at such other address as the
respective Parties may provide in writing for this purpose:
City: City of Arcadia
240 West Huntington Dr.
P.O. Box 60021
Arcadia, CA 91066
Attn: City Manager
Owner: 7933 Ajay Drive L.P.
610 N. Santa Anita Avenue
Arcadia, CA 91006
Attn: Rao Yalamanchili
10.9 Successors and Assigns. This Agreement shall be binding on successors and assigns of the Parties.
10.10 Deposit. Upon execution of this Agreement, the Owner shall make
an irrevocable, non-refundable cash deposit to City in the amount of two thousand dollars
($2,000) that will be used, if deemed necessary by City in its sole and absolute discretion, to
undertake Owner’s obligations set forth in Section 5.2 of this Agreement if Owner fails to do so within fifteen (15) days of City’s demand to do so. Every five (5) years after the date of this Agreement, City shall review and determine if additional funds are needed for this purpose. If
City determines in its sole and absolute discretion that additional funds are needed, the City shall
make written demand upon Owner for such additional funds and Owner shall deposit such
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additional funds with the City within thirty (30) calendar days of the date City made such
demand.
CITY OF ARCADIA
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
7933 AJAY DRIVE L.P.
By:
Name:
Its:
By:
Name:
Its:
(Owner’s Signatures must be notarized)
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EXHIBIT A
LANDSCAPED AREA
[Attached behind this page]
24347.00634\29614636.4
EXHIBIT B
LANDSCAPE MAINTENANCE AGREEMENT WITHIN STATE HIGHWAY RIGHT-OF-
WAY ON ROUTE 210 WITHIN THE CITY OF ARCADIA
[Attached behind this page]
Page 1 of 6
LANDSCAPE MAINTENANCE AGREEMENT
WITHIN STATE HIGHWAY RIGHT OF WAY
ON ROUTE 210 WITHIN THE CITY OF ARCADIA
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State
of California, acting by and through the Department of Transportation, hereinafter referred to as
“STATE” and the CITY of Arcadia; hereinafter referred to as “CITY” and collectively referred to as
“PARTIES”.
SECTION I
RECITALS
1. PARTIES desire to work together to allocate their respective obligations relative to newly
constructed or revised improvements within STATE’s right of way by Permit Number ____.
2. This Agreement addresses CITY responsibility for the professionally landscape design and
implementation (collectively the “LANDSCAPING”) placed within State Highway right of way on
State Route 210, as shown on Exhibit A, attached to and made a part of this Agreement.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
1. In consideration of the mutual covenants and promises herein contained, CITY and STATE agree
as follows:
1.1. PARTIES have agreed to an allocation of maintenance responsibilities that includes, but is
not limited to, inspection, providing emergency repair, replacement, and maintenance,
(collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said
Exhibit “A”.
1.2. When a planned future improvement is constructed and/or a minor revision has been
effected with STATE’s consent or initiation within the limits of the STATE’s right of way
herein described which affects PARTIES’ division of maintenance responsibility as
described herein, PARTIES will agree upon and execute a new dated and revised Exhibit
“A” which will be made a part hereof and will thereafter supersede the attached original
Exhibit “A” to thereafter become a part of this Agreement. The new exhibit can be
executed only upon written consent of the PARTIES hereto acting by and through their
authorized representatives. No formal amendment to this Agreement will be required.
Page 2 of 6
2. CITY agrees, at CITY expense, to do the following:
2.1. CITY may install, or contract, authorizing a licensed contractor with appropriate class of
license in the State of California, to install and thereafter will MAINTAIN LANDSCAPING
conforming to those plans and specifications (PS&E) pre-approved by STATE.
2.2. The degree or extent of maintenance work to be performed, and the standards therefore,
shall be in accordance with the provisions of Section 27 of the Streets and Highways Code
and the then current edition of the State Maintenance Manual.
2.3. CITY will submit the final form of the PS&E, prepared, stamped and signed by a licensed
landscape architect, for LANDSCAPING to STATE’s District Permit Engineer for review and
approval and will obtain and have in place a valid necessary Encroachment Permit prior to
the start of any work within STATE’S right of way. All proposed LANDSCAPING must meet
STATE’s applicable standards.
2.4. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with
adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive
appearance.
2.5. An Encroachment Permit rider may be required for any changes to the scope of work
allowed by this Agreement prior to the start of any work within STATE's right of way.
2.6. CITY contractors will be required to obtain an Encroachment Permit prior to the start of
any work within STATE’s right of way.
2.7. To furnish electricity for irrigation system controls, water, and fertilizer necessary to
sustain healthy plant growth during the entire life of this Agreement.
2.8. To replace unhealthy or dead plantings when observed or within 30 days when notified in
writing by STATE that plant replacement is required.
2.9. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE
standard lines of sight to signs and corner sight distances are always maintained for the
safety of the public.
2.10. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water
from flooding or spraying onto STATE highway, spraying parked and moving automobiles,
spraying pedestrians on public sidewalks/bike paths, or leaving surface water that
becomes a hazard to vehicular or pedestrian/bicyclist travel.
2.11. To control weeds at a level acceptable to the STATE. Any weed control performed by
chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations
established by the California Department of Food and Agriculture. All chemical spray
operations shall be reported quarterly (Form LA17) to the STATE to: District Maintenance
at 100 S Main St Los Angeles, CA 90012.
Page 3 of 6
2.12. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe
and attractive condition acceptable to STATE in the event this Agreement is terminated as
set forth herein.
2.13. To furnish electricity and MAINTAIN lighting system and controls for all street lighting
systems installed by and for CITY.
2.14. To inspect LANDSCAPING on a regular monthly or weekly basis to ensure the safe
operation and condition of the LANDSCAPING.
2.15. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING
component that has become unsafe or unsightly.
2.16. To MAINTAIN all sidewalks/bike paths within the Agreement limits of the STATE highway
right of way, as shown on Exhibit A, at CITY expense. MAINTENANCE includes, but is not
limited to, concrete repair, replacement and to grind or patch vertical variations in
elevation of sidewalks/bike paths for an acceptable walking and riding surface, and the
removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about
sidewalks/bike paths or the LANDSCAPING in an expeditious manner.
2.17. To MAINTAIN all parking or use restrictions signs encompassed within the area of the
LANDSCAPING.
2.18. To allow random inspection of LANDSCAPING by a STATE representative.
2.19. To keep the entire landscaped area policed and free of litter and deleterious material.
2.20. All work by or on behalf of CITY will be done at no cost to STATE.
3. STATE agrees to do the following:
3.1. May provide CITY with timely written notice of unsatisfactory conditions that require
correction by the CITY. However, the non-receipt of notice does not excuse CITY from
maintenance responsibilities assumed under this Agreement.
3.2. Issue encroachment permits to CITY and CITY contractors at no cost to them.
4. LEGAL RELATIONS AND RESPONSIBILITIES:
4.1. Nothing within the provisions of this Agreement is intended to create duties or obligations
to or rights in third parties not party to this Agreement, or affect the legal liability of either
PARTY to this Agreement by imposing any standard of care respecting the design,
construction and maintenance of these STATE highway improvements or CITY facilities
different from the standard of care imposed by law.
4.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING
to the satisfaction of STATE as provided by this Agreement, STATE may either undertake
to perform that MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to
remove or itself remove LANDSCAPING at CITY’s sole expense and restore STATE’s right of
Page 4 of 6
way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE
expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE
performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written
notice to CITY to cure the default and CITY will have thirty (30) days within which to affect
that cure.
4.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or
liability occurring by reason of anything done or omitted to be done by STATE under or in
connection with any work, authority or jurisdiction arising under this Agreement. It is
understood and agreed that STATE shall fully defend, indemnify and save harmless CITY
and all of its officers and employees from all claims, suits or actions of every name, kind
and description brought forth under, including, but not limited to, tortious, contractual,
inverse condemnation and other theories or assertions of liability occurring by reason of
anything done or omitted to be done by STATE under this Agreement with the exception
of those actions of STATE necessary to cure a noticed default on the part of CITY.
4.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage
or liability occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction arising under this Agreement. It is
understood and agreed that CITY shall fully defend, indemnify and save harmless STATE
and all of its officers and employees from all claims, suits or actions of every name, kind
and description brought forth under, including, but not limited to, tortious, contractual,
inverse condemnation or other theories or assertions of liability occurring by reason of
anything done or omitted to be done by CITY under this Agreement.
5. PREVAILING WAGES:
5.1. Labor Code Compliance- If the work performed on this Project is done under contract and
falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is
construction, alteration, demolition, installation, or repair; or maintenance work under
Labor Code section 1771, CITY must conform to the provisions of Labor Code sections
1720 through 1815, and all applicable provisions of California Code of Regulations found in
Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage
requirements in its contracts for public work. Work performed by CITY'S own forces is
exempt from the Labor Code's Prevailing Wage requirements.
5.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing
wage requirements in all subcontracts funded by this Agreement when the work to be
performed by the subcontractor is a "public work" as defined in Labor Code Section
1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage
requirements set forth in CITY contracts
6. INSURANCE - CITY and its contractors shall maintain in force, during the term of this agreement,
a policy of general liability insurance, including coverage of bodily injury liability and property
damage liability, naming the STATE, its officers, agents and employees as the additional insured
in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.
Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that
shall be delivered to the STATE with a signed copy of this Agreement.
Page 5 of 6
6.1. SELF-INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-insured
coverage providing general liability insurance, coverage of bodily injury liability and
property damage liability, naming the STATE, its officers, agents and employees as the
additional insured in an amount of $1 million per occurrence and $2 million in aggregate
and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a
form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of
this Agreement in a form satisfactory to STATE, along with a signed copy of the
Agreement.
6.2. SELF-INSURED using Contractor - If the work performed on this Project is done under
contract CITY shall require its contractors to maintain in force, during the term of this
agreement, a policy of general liability insurance, including coverage of bodily injury
liability and property damage liability, naming the STATE, its officers, agents and
employees as the additional insured in an amount of $1 million per occurrence and $2
million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate
of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a
signed copy of this Agreement.
7. TERMINATION - This Agreement may be terminated by timely mutual written consent by
PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for
a Notice of Termination by STATE.
8. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its
face sheet and shall remain in full force and effect until amended or terminated at any time
upon mutual consent of the PARTIES or until terminated by STATE for cause.
PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement
and have delegated to the undersigned the authority to execute this Agreement on behalf of the
respective agencies and covenants to have followed all the necessary legal requirements to validly
execute this Agreement.
Page 6 of 6
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above
written.
THE CITY OF ARCADIA STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: __________________________
Mayor/Chairmen
MALCOLM DOUGHERTY
Director of Transportation
Initiated and Approved
By: ___________________________
City/County Manager
By: ___________________________
Deputy District Director
Maintenance District
ATTEST:
By: __________________________
City Clerk
As to Form and Procedure:
By: _____________________________
Attorney
Department of Transportation
By: __________________________
City Attorney
POSITIVE INVESTMENTS INC.
610 N SANTA ANITA AVEARCADIA, CA 91006
COMMERCIAL ZONE C-1SUNSET WESTERN CLIMATE ZONE 20USDA PLANT HARDINESS ZONE 10A
OCTOBER 28, 2016LANDSCAPE DESIGN CONCEPT
POSITIVE INVESTMENTS, INC10.28.2016 LANDSCAPE DESIGN CONCEPT
EXISTING TWO STORY
OFFICE BUILDING
LIGHT POLE
EXISTING
PARKING LOT
EXISTING FREEWAY WALL
ON WALL:
BOUGAINVILLEA & ANACAPA PINK CALIFORNIA MORNING GLORY
AT BASE OF WALL GROUNDCOVER:
LANTANA, APRICOT MALLOW, CREEPING SAGE
ACCENT PLANTS:
YARROW, PENSTEMON, ISLAND SNAPDRAGON,
CALIFORNIA FUSCHIA
SHRUBS:
MATILJA POPPY, NATIVE SAGES,
CALIFORNIA BUCKWHEAT
DESIGN CONCEPT PROPOSAL A colorful tapestry of blooms extending from the wall to the slope using drought-tolerant and native plants.
POSITIVE INVESTMENTS, INC10.28.2016 LANDSCAPE DESIGN CONCEPT PLANTING PROPOSAL - WEST SCALE: 1/8” = 1’
POSITIVE INVESTMENTS, INC10.28.2016 LANDSCAPE DESIGN CONCEPT PLANTING PROPOSAL - CENTER SCALE: 1/8” = 1’
POSITIVE INVESTMENTS, INC10.28.2016 LANDSCAPE DESIGN CONCEPT PLANTING PROPOSAL - EAST SCALE: 1/8” = 1’
POSITIVE INVESTMENTS, INC10.28.2016 LANDSCAPE DESIGN CONCEPT
CALYSTEGIA MACROSTEGIA ‘ANACAPA PINK’ANACAPA PINK CA MORNING GLORY
OENOTHERA SPECIOSA ‘SISKIYOU’SISKIYOU EVENING PRIMROSE
GALVEZIA SPECIOSA ‘BOCAROSA’BOCAROSA ISLAND SNAPDRAGON
LANTANA ‘NEW GOLD’NEW GOLD LANTANA
ERIOGONUM GIGANTEUMSAINT CATHERINE’S LACEBOUGAINVILLEA ‘ORANGE KING’ORANGE KING BOUGAINVILLEA
LANTANA ‘CREAM CARPET’CREAM CARPET LANTANA
BOUGAINVILLEA ‘BARBARA KARST’BARBARA KARST BOUGAINVILLEAACHILLEA MILLEFOLIUM ‘ISLAND PINK’ISLAND PINK YARROW BOUGAINVILLEA ‘JAMES WALKER’JAMES WALKER BOUGAINVILLEABOUGAINVILLEA ‘CALIFORNIA GOLD’CALIFORNIA GOLD BOUGAINVILLEA
LANTANA ‘CONFETTI’CONFETTI LANTANA
PROPOSED PLANT PALETTE
POSITIVE INVESTMENTS, INC10.28.2016 LANDSCAPE DESIGN CONCEPT
SALVIA ‘POZO BLUE’POZO BLUE SAGE SPHAERALCEA AMBIGUA ‘LOUIS HAMILTON’LOUIS HAMILTON APRICOT MALLOWSPHAERALCEA AMBIGUAAPRICOT MALLOWSALVIA GRACIASCREEPING SAGE
ROMNEYA COULTERIMATILJA POPPYPENSTEMON MARGARITA BOPMARGARITA BOP PENSTEMON SALVIA CLEVELANDIICLEVELAND SAGESALVIANA APIANAWHITE SAGE
ZAUSCHNERIA CALIFORNICA ‘CATALINA’CATALINA CALIFORNIA FUSCHIA
PROPOSED PLANT PALETTE
DATE: April 4, 2017
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
By: Tim Schwehr, Economic Development Analyst
SUBJECT: LANDSCAPE MAINTENANCE AGREEMENTS WITH CALTRANS AND
7933 AJAY DRIVE L.P. TO INSTALL AND MAINTAIN LANDSCAPING IN THE STATE HIGHWAY RIGHT–OF-WAY ADJACENT TO 610 N. SANTA
ANITA AVENUE
Recommendation: Approve
SUMMARY
In November 2016, the property owners of 610 N. Santa Anita Avenue submitted a
letter requesting the City’s cooperation to enter into two landscape maintenance
agreements to allow them to install and maintain new landscaping in the State highway
right-of-way adjacent to their property. This letter is included as Attachment “A”. Staff and the City Attorney have reviewed the specifics of the agreements and found them to
be acceptable. It is recommended that the City Council approve, and authorize and
direct the City Manager to execute, Landscape Maintenance Agreements with Caltrans
and 7933 Ajay Drive L.P. to install and maintain landscaping in the State highway right–
of-way.
BACKGROUND
The property at 610 N. Santa Anita Avenue is an approximately 30,000 square-foot,
irregular shaped lot developed with a two-story office building and surface parking lot. The property abuts the south-side of an onramp to the I-210 Freeway. Dense landscaping in the right–of-way adjacent to 610 N. Santa Anita Avenue was removed by
the property owners with Caltrans approval in 2015 to resolve a rodent issue. The
owners of 610 N. Santa Anita Avenue are now requesting the City’s cooperation to
enter into two agreements that will allow them to install and maintain new landscaping in this right-of-way. A conceptual landscape plan has been prepared by the property owners and has received tentative approval from Caltrans. Photos of the subject
property and a copy of the conceptual landscape plan are included as Attachment “B”.
Landscape Maintenance Agreements April 4, 2017
Page 2 of 3
The property owners first attempted to enter into a direct agreement with Caltrans to
install and maintain this landscaping in the right-of-way; however, Caltrans’ policy is not
to enter into direct agreements with non-government entities for this purpose. Instead,
Caltrans recommended a landscape maintenance agreement between Caltrans and the
City of Arcadia, and a second agreement between the City of Arcadia and the property owners, for installation and maintenance of this landscaping. Staff has confirmed this
information with Keith Sellers, Caltrans Landscape Architect. Mr. Sellers also confirmed
that other cities have entered into similar agreements for this purpose.
DISCUSSION
Entering into the two proposed landscape maintenance agreements will allow the
property owners of 610 N. Santa Anita Avenue to improve the aesthetics and value of
their property. In turn, this helps contribute to the quality of the surrounding business
district and the overall appearance of the area. As part of the City’s business friendly approach to governance, Economic Development staff has worked with the property
owners to guide them through the City’s review process, and the drafting of the two
agreements. It is not anticipated that these types of landscape maintenance
agreements will be common for other properties in the City as this property is one of
only four commercial properties in Arcadia that directly abuts a landscaped highway right-of-way. Additionally, the other three properties abut much larger landscaped right-
of-way areas with more mature landscaping surrounded by Caltrans’ chain link fencing.
The Landscape Maintenance Agreement between the City of Arcadia and Caltrans will
allow for landscaping to be installed in the State highway right-of-way. This agreement was prepared by Caltrans and has been reviewed and approved to form by the City
Attorney. A copy of this agreement is included as Attachment “C”.
The Landscape Maintenance Agreement between the City of Arcadia and 7933 Ajay
Drive L.P. stipulates that all permits, fees, and other obligations associated with the Caltrans Landscape Maintenance Agreement will be the responsibility of the property
owners of 610 N. Santa Anita Avenue. This agreement has been drafted by the City
Attorney, and includes indemnity language and other terms to ensure the landscaping in
the State highway right-of-way is installed and maintained to the satisfaction of Caltrans,
and at no expense to the City. The agreement also requires the property owners to obtain subordination from their mortgage lender, Wells Fargo Bank, prior to the City
entering into these agreements. This will ensure that in the event the property is sold,
the landscaping installed in the right-of-way will be removed by the property owner as a
condition of the sale, or the new owners will need to enter into a Landscape
Maintenance Agreement with the City to continue maintenance of the landscaping. A copy of this agreement is included as Attachment “D”.
Landscape Maintenance Agreements April 4, 2017
Page 3 of 3
FISCAL IMPACT
All costs for permits, installation, and maintenance of landscaping in the State right-of-
way will be paid by the property owners of 610 N. Santa Anita Avenue. The agreement
between the City and the property owners includes indemnification language, a subordination requirement from the mortgage lender, and other terms to protect the City
from any future costs associated with maintenance or removal of the landscaping. The
property owners have entered into a Reimbursement Agreement with the City through a
deposit of $3,000 to cover all City Attorney costs associated with the review,
preparation, and execution of the agreements. As such, the City should not incur any costs either now or in perpetuity as a result of entering into the two landscape
maintenance agreements.
RECOMMENDATION
It is recommended that the City Council approve, and authorize and direct the City Manager to execute Landscape Maintenance Agreements with Caltrans and 7933 Ajay
Drive L.P. to install and maintain landscaping in the State Highway Right-of-Way
adjacent to 610 N. Santa Anita Avenue.
Attachment “A” – Agreement Request Letter from Property Owner
Attachment “B” – Site Photos and Conceptual Landscape Plan Attachment “C” – Caltrans Agreement Attachment “D” – 7933 Ajay Drive L.P. Agreement