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possession shall, by the terms of the order, be superseded upon finalization of an access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:
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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.
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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
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