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HomeMy WebLinkAboutItem 2h: Indemnification Agreement with Arcadia Unified School District for Construction of Sewer Line ti 4 OF R'� Caj 1 111111 9 11 1 1, Au�u �PS.lYO ] T ��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 JK: PAW: pa