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HomeMy WebLinkAboutGARDEN GROVE, CITY OF (12)TRAFFIC SIGNAL JOINT MAINTENANCE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF GARDEN GROVE FOR THE INTERSECTION OF pt WESTMINSTER AVENUE AND CLINTON STREET ("c AGREEMENT THIS AGREEMENT, made and entered into this 19th day of May 1 1992 BY AND BETWEEN THE CITY OF SANTA ANA, a municipal corporationhereinafter designated as "SANTA ANA", AND THE CITY OF GARDEN GROVE, a municipal corporation hereinafter designated as "GARDEN GROVE". RECITALS WHEREAS a traffic signal and lighting system currently exists at the intersection of Westminster Avenue and Clinton Street, a location partially within SANTA ANA and partially within GARDEN GROVE, hereinafter known as the SIGNAL. WHEREAS the City of SANTA ANA has one approach leg of the intersection within the City limits of SANTA ANA; and WHEREAS the City of GARDEN GROVE has three approach legs of the intersection within the City limits of GARDEN GROVE. WHEREAS SANTA ANA is currently responsible for operation, maintenance and coordination of other traffic signals on Westminster Avenue, east and west of Clinton Street. WHEREAS traffic conditions on Westminter Avenue, would be enhanced if SANTA ANA was responsible for traffic operation, maintenance, and coordination of the SIGNAL at Clinton Street. WHEREAS SANTA ANA has been offered financial grants from the State of California to study and implement traffic signal coordination and timing at the SIGNAL; WHEREAS it is the desire of the parties hereto to set out their respective rights and obligations concerning the improvement, modification, operation, and maintenance of traffic SIGNAL and lighting systems at the intersection of Westminster Avenue and Clinton Street; NOW THEREFORE, for and in consideration of the covenants herein contained, performed, and to be performed, the parties herein agrees as follows: The parties hereto agree to share the total energy and maintenance costs of the SIGNAL in the same ratio as the number of legs under each party's jurisdiction entering the intersection are to the total number of legs entering the intersection. Set ratios presently being 754 for GARDEN GROVE and 25% for SANTA ANA. After execution of this agreement, the SIGNAL shall be operated and maintained by SANTA ANA, and all costs for furnishing energy, maintenance, and communication shall be paid directly by SANTA ANA. SANTA ANA shall provide for coordination of the SIGNAL with other traffic signals along Westminster Avenue. SANTA ANA shall modify the SIGNAL as necessary to provide for coordination and communication. GARDEN GROVE's participation in these modification costs shall be subject to all of the other limitations of this agreement and shall further be limited to costs associated with installation of communication modems and telephone interconnect to the nearest available telephone service point, estimated at approximately One Thousand Dollars ($10o0) in the first year of this agreement. GARDEN GROVE shall pay to SANTA ANA upon annual submission of said costs, the maintenance, energy, and communication costs in the same ratio to the total cost as the number of legs under GARDEN GROVE's jurisdiction entering the intersection are to the total number of legs entering the intersection. At all times GARDEN GROVE shall have access to the location for the purpose of inspection of intersection conditions and SIGNAL operation and maintenance, and should GARDEN GROVE deem any remedial measures to be necessary, GARDEN GROVE shall notify SANTA ANA thereof. SANTA ANA or GARDEN GROVE may determine that additional modifications to the SIGNAL shall be required in the future. Any modifications to the said SIGNAL shall first be approved and the ••--method of cost sharing shall be agreed to by both Cities. GARDEN GROVE shall not be responsible for any costs of modifications to the SIGNAL for which SANTA ANA was compensated by any other party. SANTA ANA shall not be responsible for any costs of modifications to the SIGNAL paid for directly by GARDEN GROVE for which GARDEN GROVE was compensated by any other party. It is mutually understood and agreed by both parties: That neither "SANTA ANA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by GARDEN GROVE under or in connection with any work, authority or jurisdiction delegated to GARDEN GROVE under this agreement. It is also understood and agreed that pursuant to California Government Code Section 895.4, GARDEN GROVE shall fully indemnify and hold harmless SANTA ANA from any liability imposed for injury (as defined by Government Code Section 81.0.8) occurring by reason of anything done or omitted to be done by GARDEN GROVE, under or in connection with any work, authority, or jurisdiction delegated to GARDEN GROVE under this agreement. 2 That neither GARDEN GROVE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANTA ANA under or in connection with any work, authority or jurisdiction delegated to SANTA ANA under this agreement. It is also understood and agreed that, pursuant to California Government Code Section 895.4, SANTA ANA shall fully indemnify and hold harmless GARDEN GROVE from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANTA ANA, under or in connection with any work, authority, or jurisdiction delegated to SANTA ANA under this agreement. IN WITNESS WHEREOF, SANTA ANA has caused the agreement to be executed by its Mayor, and attested by its Clerk, and GARDEN GROVE has caused this agreement to be executed by its Mayor and attested by its Clerk, all thereunto duly authorized by Minute Order of the City Councils, respectively, on the date written opposite their signatures. APPROVED AS TO FORM: CITY OF GARDEN GROVE By: Attornfor the City of Mayor D to Garden Grove By City C Date APPROVED AS TO FORM: CITY OF SANTA ANA J&;IZ4�t� By:1\11; Attorfrey'f he City of Ma-,o -o r Da e Santa Ana By: Clerk of the Cotfn(�&!�— 6-a e-? ZEAR:• Rem 3