Loading...
HomeMy WebLinkAboutC-4408 AGREEMENT FOR ACCESS,MAINTENANCE,AND REPAIR OF CITY SEWER INFRASTRUCTURE This Agreement("Agreement") is made and entered into on June 1t , 2021, by and between the City of Arcadia("City"),a municipal corporation,the Los Angeles County Metropolitan Transportation Authority("LA Metro"),a public agency of Los Angeles County, and the California Department of Transportation("Caltrans"), a public agency of the State. The City, LA Metro, and Caltrans are sometimes referred to herein individually as Party and collectively as the Parties. RECITALS WHEREAS, on December 15,2020, Caltrans filed a complaint in condemnation naming the City as a defendant,and which seeks to condemn a temporary construction easement over the subject property identified as Parcel 81423-1,depicted in Exhibit A attached hereto ("Property"); WHEREAS, Caltrans served its complaint on the City on January 8,2021; WHEREAS, Caltrans and LA Metro intend to use the Property in connection with a sound barrier project("Project"),which the City generally supports; WHEREAS,the City holds an easement in the Property, recorded as Instrument No. 77-710983 on July 1, 1977, for the purpose of providing the City access to City-owned sewer infrastructure located on the Property, including a manhole("Manhole"); WHEREAS, Caltrans filed a motion for prejudgment possession of the Property on February 4. 2021,with service on the City on February 10, 2021; WHEREAS,the Court granted Caltrans' motion for prejudgment possession on May 18, 2021, with an order generally preserving material terms governing the City's right to access the Manhole with and without notice; the access rights to the Manhole in the order for prejudgment possession shall, by the terms of the order, be superseded upon finalization of an access agreement between Caltrans and the City; WHEREAS,the City is supportive of the Project and wishes to cooperate with Caltrans; WHEREAS,the Parties desire that the City should have a continued right of access to maintain, repair, and otherwise operate its sewer infrastructure on the Property, including access to and use of the Manhole,without unnecessarily disturbing the construction, maintenance, or continued operation of the Project; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 24347.00325\33748484.1 AGREEMENT 1. Term of Agreement. This Agreement is effective on the date Caltrans gains legal possession of or title to the Property,whichever is earlier, and will continue until the earlier of(a) January 31, 2023,which represents the date Caltrans's temporary construction easement over the Property expires or(b)the Parties mutually agree in writing to terminate this Agreement. 2. Access. Upon the effective date of this Agreement, Caltrans and LA Metro agree to allow the City access to the Property as necessary for the City to maintain, repair,or otherwise operate the Manhole under the following conditions: a. Without notice. Caltrans and LA Metro will allow the City reasonable access without any notice requirement by the City if and when the City determines that an emergency related to its Manhole exists, including but not limited to the occurrence or suspected occurrence of any break, leak,rupture, stoppage, clog, impediment, damage,deterioration,or other deficiency in the Manhole that poses or is likely to pose a risk to public health and safety("Emergency Condition"). The City is solely responsible for determining whether an Emergency Condition exists. The City agrees to communicate with Caltrans and LA Metro related to the Emergency Condition if the City determines Caltrans,LA Metro, or the Project will be significantly impacted by the Emergency Condition or the City's response to it. b. With notice. Caltrans and LA Metro will allow the City reasonable access to the Property for any maintenance,repair, or operations purposes upon the City providing notice of its intent to access the Property,provided the City gives Caltrans and LA Metro such notice 24 hours prior to accessing the Property. Notice must be reasonably calculated to apprise Caltrans and LA Metro of the City's intent to access the Property.Notice to Caltrans shall be provided to John K.Lee, john.k.leeAdot.ca.gov; (213)269-1902, Project Manager, and notice to LA Metro shall be provided to Ernesto Chaves, ChavesE@metro.net,DEO, Project Management. Caltrans and/or Metro may at any time,by giving ten (10) days' written notice to City, designate any other person or contact information in substitution of the person or contact information to which such notice shall be given. Such written notice(s)to the City shall be provided to Jason Kruckeberg, ikruckeberg(a,ArcadiaCA.gov, (626) 574-5414,Assistant City Manager/Development Services Director. 3. Liability for Damages. Caltrans will not be held responsible for any damage resulting from the City's activities described herein,unless such damage was due to Caltrans' sole negligence or willful misconduct. LA Metro will not be held responsible for any damages resulting from the City's activities described herein, unless such damage was due to LA Metro's sole negligence or willful misconduct. 24347.00325'33748484.1 4. Indemnification Provision. The Parties each mutually agree to indemnify, defend and hold each other harmless from any and all claims, demands, causes of action, damages, costs and expenses, including attorneys' fees, property damage, bodily injury, personal injury, losses or liabilities, in law or in equity, of every kind and nature to the extent that the same are the result of an error, omission or negligent act of its officers or employees, or any other person acting pursuant to its control in performing under this Agreement. 5. Amendments. This Agreement may not be amended or modified by the Parties except in a writing executed by all Parties. IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed the date first above written. City of Arcadia, a municipal corporation, n.e. lob -2AZ.) City Manager Date California Department of Transportation, a public agency, 06/15/2021 Mark A. Lyles Date Supervising Right of Way Agent Right of Way Acquisition, Local Programs and Railroads Division of Right of Way &Right of Way Engineering Los Angeles County Metropolitan Transportation Authority, a public agency, c�'. � 6/15/2021 Date 24347.00325\33748484.1