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HomeMy WebLinkAboutCA DEPT TRANSPORTATION 7 - 199612-ORA-005 KP50.5/55.5 ON ROUTE 5 BETWEEN 0.3KM SO. OF 4TH STREET AND THE SANTA ANA RIVER MAINTENANCE AGREEMENT This AGREEMENT entered into on November 18, 1996 is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF SANTA ANA a public corporation of the State of California, referred to herein as CITY AGREEMENT OF MAINTENANCE OF STATE HIGHWAY PLANTING IN THE CITY OF SANTA ANA This AGREEMENT, made and executed in duplicate this 18th day of November 18 1996, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the city of SANTA ANA, hereinafter referred to. as "CITY". WITNESSETH: A. RECITALS: The Parties desire to provide for the City to Maintain Landscaped areas within State Highway right of way at the Intersection of State Route 5 at Santa Ana Blvd and Grand Avenue, 17th Street and Penn Way, and Main Street as shown on Exhibit "A". B. AGREEMENT In consideration of the mutual covenants and promises herein contained, the CITY agrees: To provide and apply fertilizer as necessary to sustain healthy growth. To maintain a separate irrigation system and pay for water and electrical cost. 2. To control weeds at a level acceptable to the State and to provide access for Caltrans to maintain Interchange. the 3 o To keep grass and lawn areas mowed and trimmed to eye pleasing appearance. To use only those pesticides and fertilizers approved by the State, and in a manner consistent with label and legal restrictions. 5. To replace unhealthy or dead plantings as they are observed. 6 o To keep entire area pOliced and free of litter and deleterious material. To maintain and operate irrigation system in a manner that prevents water from flooding onto State Highway. 8 o To maintain and repair City sidewalk and raised curb adjacent to City maintained landscape within State Right of Way shown in Attachment A as needed. 9. To allow random inspection by a State representative. 10. If for any reason CITY is unable to maintain the areas in a manner satisfactory to the STATE, CITY will remove the turf and re-landscape the areas to a condition acceptable to the STATE at CITY's expense. 11. Ail maintenance work will be done at no cost to the STATE. 12. To remove landscaping and restore area to original condition prior to planting, or to a condition acceptable to State representatives in the event this agreement is terminated under the terms set forth in Section "D". C. LEGAL RELATION AND RESPONSIBILITIES: Nothing in the provisions of the Agreement is intended to create duties to or obligations to or rights in third parties not parties to this contract or affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State Highways different from the standard of care imposed by law. It is understood and agreed that neither STATE, nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in connection with any work performed by the CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4 CITY shall defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or in account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the CITY under and in connection with any work performed by the CITY under this Agreement. D. TERM OF AGREEMENT: This agreement shall become effective November 18, 1996 and shall remain in full force and effect until amended or terminated. This agreement may be amended or terminated at any time upon Mutual Consent of the parties thereto. This agreement may also be terminated by either party upon sixty (60) days notice to the other party. Failure to comply with provisions set forth in Section "B" would be grounds for notice of Termination by the STATE. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: ~h-~ce C. Guy e/erk of the Council CITY OF SANTA ANA I /~xec.utive lrec~or ~/Public Works Agency STATE OF CALIFORNIA DEPARTMENT OF TPJ%NSPORTATION Joe Hecker District Division Chief Maintenance & Traffic Operations ~avid N. Ream City Manager APPROVED AS TO FORM: ~gs~ph W. Fletcher City Attorney Approval by State's Attorney is not required made to the draft, Headquarters' review and approval by procedure. unless changes are in which case, the Draft will be submitted to State's Attorney to form and 4 I ?