HomeMy WebLinkAboutItem 2h: Indemnification Agreement with Arcadia Unified School District for Construction of Sewer Line ti 4 OF R'�
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��nity oS� STAFF REPORT
Development Services Department
DATE: May 17, 2011
TO: Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director 5t 1
Philip A. Wray, Deputy Director of Development Services v! ‘
SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO AN
INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF ARCADIA
AND THE ARCADIA UNIFIED SCHOOL DISTRICT FOR
CONSTRUCTION OVER A SEWER LINE
Recommended Action: Approve
SUMMARY
In 1953, the City of Arcadia vacated to the Arcadia Unified School District, El Monte
Avenue between Duarte Road and Campus Drive. At the time of vacation, this
extension of El Monte Avenue directly north of the current alignment south of Duarte
Road, had an active sewer line in the street which is still active today. As part of the
street vacation, the City retained a sewer easement over the entire street for the sewer.
Since 1953, several school buildings have been built or placed over the City's sewer
easement.
In 2009, the City was approached by the District with a request to build the Student
Services Building over the City's sewer easement. The City and the District reached an
agreement on the use of the easement for the new building and an Indemnification
Agreement has been prepared. Staff recommends that the City Council authorize the
City Manager to execute the agreement on behalf of the City.
BACKGROUND
In 1953, the City of Arcadia vacated to the Arcadia Unified School District, El Monte
Avenue between Duarte Road and Campus Drive. This was the extension directly north
of the current alignment south of Duarte Road. At the time of the vacation, there was an
active sewer line in the old El Monte Avenue alignment between Duarte Road and
Staff Report
Indemnification Agreement with Arcadia Unified School District
May 17, 2011
Page 2
Campus Drive. As part of the street vacation, the City retained a sewer easement over
the entire street to protect the sewer line. The sewer line is still active today and
extends a few hundred feet up- stream in each direction in Campus Drive serving only
the High School except for a connection from the golf course restrooms.
It is unclear what arrangements were made between the School District and the City at
the time of vacation regarding the use of the easement and the future of the sewer line.
Since 1953, several school buildings have been built or placed over the sewer
easement. The City has no jurisdiction over the construction of school buildings and
has no record of allowing these buildings to be constructed over the sewer easement.
The City performs routine maintenance on the sewer line and although the easement is
inaccessible on the school site, the sewer line is accessible through manholes in
Campus Drive and Duarte Road.
DISCUSSION
In 2009, the City was approached by the District with a request to build their Student
Services Building over the City's sewer easement, continuing the construction pattern
that had previously occurred. The City had concerns with another building being placed
over the old sewer line, and met with the District on several occasions to discuss the
City's concerns and potential solutions. An agreement was ultimately reached with the
following points:
1. The District will replace the old sewer line underneath the proposed building
with a stronger material, Ductile Iron Pipe, to City construction standards.
2. The District will line the existing sewer under the existing buildings with a City
approved liner to extend the sewer life.
3. Due to the new and old buildings blocking the City's access to the sewer line
and easement, the District will provide the City reasonable access to the sewer
line in the event of maintenance and /or repairs.
4. The City will continue to be responsible for normal routine maintenance on the
entire line
5. The District will be responsible for any damage to the newly constructed
Ductile Iron sewer segment caused by the building.
6. The District will indemnify and hold the City harmless from any actions arising
from the new building over the sewer line in the City's easement.
The City drafted an Agreement and it has been reviewed and approved by the District.
Staff Report
Indemnification Agreement with Arcadia Unified School District
May 17, 2011
Page 3
FISCAL IMPACT
There is no fiscal impact of this agreement.
RECOMMENDATION
Authorize the City Manager to enter into an Indemnification Agreement between the City
of Arcadia and the Arcadia Unified School District for construction over a sewer line.
Approved By: ,J�"41
Donald Penman, City Manager
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