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HomeMy WebLinkAboutORANGE COUNTY FLOOD CONTROL DISTRICT (6) - 2012Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana A-2012-185 AGREEMENT This AGREEMENT, hereinafter referred to as "AGREEMENT", for the purposes of identification hereby number D12-015 and dated A5 A^day ofscf-TE-m EK, 2012, is BY and BETWEEN and The ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as "DISTRICT", The CITY OF SANTA ANA, a charter city, hereinafter referred to as "CITY," which are sometimes individually referred to as "PARTY," or collectively referred to as "PARTIES." RECITALS WHEREAS, CITY approved the Santa Ana River Vision Plan on August 7, 2006 which is shown on Exhibit A, hereinafter referred to as "PLAN", indicating proposed bikeways and trails along and adjacent to the Santa Ana River within CITY boundaries; WHEREAS, CITY is seeking funding opportunities to implement those trails in order to provide increased opportunities for outdoor recreation and non-vehicular transportation for the general public; WHEREAS, CITY also desires to construct bikeway and trail improvements within or adjacent to other DISTRICT right of way within City boundaries; WHEREAS, CITY completed the construction of a bikeway adjacent to DISTRICT's Santa Ana- Delhi Channel (F01) within DISTRICT right of way from Railroad to McArthur Blvd, shown on Exhibit B, in 2010 per Orange County Property Encroachment Permit No. 2008-00750; WHEREAS, CITY agreed to hold DISTRICT harmless for CITY's use of bikeway and agreed to be responsible, at its own expense, for the operation and maintenance of the bikeway per Orange County Property Encroachment Permit No. 2008-00750; WHEREAS, CITY and DISTRICT entered into a Lease Agreement on September 28, 2010 whereby CITY leased Parcels R1551 and R1553 which is Edna Park, and Parcel R1552 shown on Exhibit C from DISTRICT for the use of the surface as a non-revenue generating public park facility; -Page 1 of 23 - A-2012-185 AGREEMENT This AGREEMENT, hereinafter referred to as "AGREEMENT", for the purposes of identification hereby number D12-015 and dated day of , 2012, is BY and BETWEEN and The ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as "DISTRICT", The CITY OF SANTA ANA, a charter city, hereinafter referred to as "CITY," which are sometimes individually referred to as "PARTY," or collectively referred to as "PARTIES." RECITALS WHEREAS, CITY approved the Santa Ana River Vision Plan on August 7, 2006 which is shown on Exhibit A, hereinafter referred to as "PLAN", indicating proposed bikeways and trails along and adjacent to the Santa Ana River within CITY boundaries; WHEREAS, CITY is seeking funding opportunities to implement those trails in order to provide increased opportunities for outdoor recreation and non-vehicular transportation for the general public; WHEREAS, CITY also desires to construct bikeway and trail improvements within or adjacent to other DISTRICT right of way within City boundaries; WHEREAS, CITY completed the construction of a bikeway adjacent to DISTRICT's Santa Ana- Delhi Channel (F01) within DISTRICT right of way from Railroad to McArthur Blvd, shown on Exhibit B, in 2010 per Orange County Property Encroachment Permit No. 2008-00750; WHEREAS, CITY agreed to hold DISTRICT harmless for CITY's use of bikeway and agreed to be responsible, at its own expense, for the operation and maintenance of the bikeway per Orange County Property Encroachment Permit No. 2008-00750; WHEREAS, CITY and DISTRICT entered into a Lease Agreement on September 28, 2010 whereby CITY leased Parcels R1551 and R1553 which is Edna Park, and Parcel R1552 shown on Exhibit C from DISTRICT for the use of the surface as a non-revenue generating public park facility; -Page 1 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana WHEREAS, CITY may in the future desire to construct bikeway and trail improvements adjacent to Greenville Banning Channel (D03), Santa Ana River Channel (E01), Santa Ana Delhi Channel (F01), and Santa Ana Gardens Channel (F02) within DISTRICT's right of way within CITY's boundaries, as depicted on Exhibit D; WHEREAS, CITY desires to enter into this AGREEMENT with DISTRICT for the operation and maintenance of all existing and future recreation improvements, except regional bikeway/trail system along Santa Ana River which is currently operated and maintained by OC Parks, including but not limited to the improvements included within the PLAN shown on Exhibit A, completed bikeway adjacent to DISTRICT's Santa Ana-Delhi Channel (F01) shown on Exhibit B, Edna Park shown on Exhibit C), adjacent to Greenville Banning Channel (D03), Santa Ana River Channel (E01), Santa Ana Delhi Channel (F01), and Santa Ana Gardens Channel (F02) within DISTRICT's right of way in CITY's boundaries (hereinafter collectively referred to as "RECREATION IMPROVEMENTS") and adopting a process for DISTRICT to process encroachment permits allowing CITY to design and construct the RECREATION IMPROVEMENTS as funding becomes available; and WHEREAS, DISTRICT has determined that the recreational uses and RECREATION IMPROVEMENTS proposed and/or constructed by CITY will not impair or diminish existing or probable future requirements for flood control protection provided such RECREATION IMPROVEMENTS are constructed in accordance with DISTRICT requirements as determined by DISTRICT in its sole discretion and RECREATION IMPROVEMENTS are designed, constructed, operated, maintained and used in accordance with the terms and conditions of this AGREEMENT. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: The intentions of the PARTIES as described in the above recitals are incorporated into this AGREEMENT. -Page 2of23- Agreement No. 012-015 Bikeways and Trails in the City of Santa Ana ARTICLE 1 DESCRIPTION OF PREMISES 1.1. CITY shall be allowed to use DISTRICT's right of way as generally shown on Exhibit D, which includes DISTRICT's right of way shown on Exhibit A, B, and C and any possible future portions of DISTRICT's right of way, in accordance with the terms and conditions of this AGREEMENT. These portions of DISTRICT's right of way shall be referred to hereinafter as the "PREMISES". 1.2. DISTRICT reserves the right in its sole and absolute discretion to amend PREMISES shown on Exhibit D as needed in the future. ARTICLE 2 CONSIDERATION 2.1. CITY shall be permitted use of the PREMISES at no cost to CITY when RECREATION IMPROVEMENTS will be combined with DISTRICT's maintenance roads. CITY shall be permitted use of the PREMISES per lease agreements in any other situation. CITY agrees, however, that DISTRICT shall have no financial obligation to contribute to the design, construction, removal, relocation, reconstruction, and/or maintenance of any RECREATION IMPROVEMENTS within the PREMISES. Any activity within DISTRICT's right-of-way must be through County Property Permit process. 2.2. CITY shall be responsible for continuing the operation and maintenance of the RECREATION IMPROVEMENTS within DISTRICT right of way during the term of this AGREEMENT as defined in Article 6 below. -Page 3of23- Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana ARTICLE 3 REPRESENTATIVES 3.1. DISTRICT REPRESENTATIVE Director of Orange County Public Works Department or his designee, hereinafter referred to as "DIRECTOR," shall be DISTRICT's representative in all matters pertaining to this AGREEMENT. 3.2. CITY REPRESENTATIVE The Santa Ana City Manager, or an authorized designee, hereinafter referred to as "CITY OFFICER" shall be CITY's representative in all matters pertaining to this AGREEMENT. ARTICLE 4 USE OF PREMISES BY CITY AND GENERAL PUBLIC 4.1. PERMITTED USES CITY shall be permitted to use the PREMISES to build, operate and maintain RECREATION IMPROVEMENTS for use by the general public. 4.2. CITY'S RIGHTS ARE NONEXCLUSIVE CITY's use of the PREMISES shall be nonexclusive and CITY acknowledges that the primary purpose of DISTRICT's right of way, including, but not limited to PREMISES is for flood control purposes and to protect the safety, health and welfare of the public. Consequently, DISTRICT reserves the right in its sole and absolute discretion to use the PREMISES as necessary to access, construct, improve, expand, enlarge, repair, and maintain the DISTRICT flood control facilities, and all other purposes permitted by law. At its own expense, CITY shall be responsible for the rerouting of any pedestrian/bikeway and/or trail caused by the relocation of the RECREATION IMPROVEMENTS whenever DIRECTOR determines such RECREATION IMPROVEMENT on PREMISES conflicts with DISTRICT purpose as described above, and CITY agrees to indemnify, defend with counsel approved by DISTRICT, and hold DISTRICT harm less from any and all claims, losses, or liabilities, arising from alleged injury or damage to persons or - Page 4 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana property arising out of any rerouting of any pedestrian/bikeway and/or trail caused by the relocation of the RECREATION IMPROVEMENTS. DISTRICT shall provide CITY with at least one working day notice of the need to temporarily close a RECREATION IMPROVEMENT to allow DISTRICT to work on PREMISES unless emergency conditions require immediate action by DISTRICT in which case CITY shall be notified within a reasonable period of time. 4.3. NO RELOCATION OBLIGATION CITY agrees that DISTRICT shall not under any circumstance be obligated to provide or locate for CITY a replacement site for CITY's RECREATION IMPROVEMENT or operations in the event this agreement is terminated or PREMISES is reduced or otherwise modified as discussed in this agreement. 4.4. EMERGENCY RESTRICTIONS ON USE CITY agrees that DIRECTOR may temporarily suspend public use of PREMISES if DIRECTOR determines, in DIRECTOR's sole and absolute discretion that emergency conditions exist such that use of PREMISES by the general public present a risk to the general public's health, safety or welfare. DISTRICT shall notify CITY as soon as practicable of the emergency. ARTICLE 5 PROHIBITED USES 5.1. MOTORIZED VEHICLES CITY shall not allow any non-DISTRICT or non-CITY motorized vehicles, except private maintenance vehicles specifically authorized under contract with CITY, to operate within the PREMISES. 5.2. HAZARDOUS MATERIALS CITY shall not cause or permit any "HAZARDOUS MATERIAL" as hereinafter defined, to be brought upon, kept, or used in or about the PREMISES. CITY shall promptly take all action, at its - Page 5 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana sole cost and expense, as is necessary to clean, remove and restore the PREMISES to its condition prior to the introduction of such HAZARDOUS MATERIAL by CITY, provided CITY shall first have obtained DIRECTOR'S written approval and the approval of any necessary governmental entities or agencies for any such remedial action. As used herein, the term "HAZARDOUS MATERIAL" means any hazardous or toxic substance, material or waste which is or shall become regulated by any governmental entity or agency, including, without limitation, County of Orange, hereinafter referred to as "COUNTY ", acting in its governmental capacity, the State of California or the United States government. ARTICLE 6 TERM OF THE AGREEMENT 6.1. INITIAL TERM This AGREEMENT shall commence on the date the AGREEMENT is approved by the DISTRICT'S Board of Supervisors and shall continue for ten (10) years unless terminated in accordance with the provisions of Article 7 of this AGREEMENT. 6.2. RENEWAL At the end of the Initial Term, this AGREEMENT will automatically renew for an additional one year term upon the same covenants, terms and conditions unless either PARTY notifies the other in writing of its intention to terminate this AGREEMENT at least sixty (60) days prior to the expiration of the Initial Term. If sixty (60) days prior to the end of the one-year extended term, neither PARTY has given the other notification of its intention to terminate, this AGREEMENT shall continue in full force and effect upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter until terminated by either PARTY by giving the other PARTY written notice of its intention to so terminate at least sixty (60) days prior to the end of any such annual term. However, in no event shall this AGREEMENT, including all extensions and renewals, continue in effect for a period exceeding fifty (50) years. - Page 6 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana ARTICLE 7 TERMINATION 7.1. TERMINATION BY DISTRICT CITY acknowledges that the primary purpose of the PREMISES is for flood control purposes. CITY agrees that DISTRICT may terminate this AGREEMENT without liability if DISTRICT determines in its sole and absolute discretion that PREMISES are needed to reconstruct, modify, repair, expand, improve or enlarge DISTRICT's facilities and the RECREATION IMPROVEMENTS cannot be relocated so as not to interfere with DISTRICT's reconstructed, modified, repaired, expanded, improved or enlarged facilities. If RECREATION IMPROVEMENTS can be relocated without interfering with DISTRICT's reconstructed, modified, repaired, expanded, improved or enlarged facilities, CITY may relocate the RECREATION IMPROVEMENTS to a location approved in advance in writing by DISTRICT within ninety (90) days of being notified by DISTRICT. CITY shall be solely responsible for all costs and expenses related to or arising from relocating the RECREATION IMPROVEMENTS, including but not limited to, the rerouting of any pedestrian/bikeway and/or trail caused by the relocation of the RECREATION IMPROVEMENTS. DISTRICT shall notify CITY of its intention to terminate the AGREEMENT pursuant to this section by giving CITY ninety (90) days written notice. 7.2. TERMINATION BY CITY CITY may terminate this AGREEMENT by giving DISTRICT ninety (90) days written notice. In the event of such termination by CITY, CITY shall remove any improvements that it has placed on the PREMISES if requested by DISTRICT and restore the PREMISES to the condition that existed prior to this AGREEMENT. This obligation to restore the PREMISES shall survive the termination of this AGREEMENT. - Page 7 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana 7.3. TERMINATION DUE TO BREACH OF THE AGREEMENT If CITY is in material breach of the AGREEMENT, and fails to diligently cure said breach within a reasonable period of time as determined by DIRECTOR in his sole and absolute discretion, DISTRICT may terminate the AGREEMENT. 7.4. NOTICE OF TERMINATION All notices of termination shall be made in writing in accordance with the requirements of Article 11 of this AGREEMENT. ARTICLE 8 RECREATION IMPROVEMENTS 8.1. AUTHORIZED IMPROVEMENTS CITY may construct new or modify existing RECREATION IMPROVEMENTS as described below, but not be limited to the following depending on proposed items in future County Property Permits, when approved in writing by DISTRICT: (a) Pathways constructed of decomposed granite, asphalt and/or concrete; (b) Fencing that may consist of one or more of the following: wrought iron; powder coated metal; chain link; metal safety railing; (c) Signage for the pedestrian/bikeway routes and RECREATION IMPROVEMENTS; (d) Landscaping; (e) An irrigation system for the landscaping; (f) Site amenities such as benches, trash receptacles and bike racks. 8.2. DISTRICT REVIEW AND APPROVAL OF RECREATION IMPROVEMENTS Prior to the construction of any RECREATION IMPROVEMENTS on PREMISES, CITY shall submit the plans and specifications for RECREATION IMPROVEMENTS to DIRECTOR for his review and approval. RECREATION IMPROVEMENTS shall be designed and constructed: (1) so as to assure that they do not interfere with the flood control purposes of DISTRICT facilities; (2) so as not to interfere with or increase the cost to DISTRICT for the maintenance or operation of - Page 8 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana DISTRICT's facilities; (3) where the design shall be based on established criteria and standards and all other applicable rules and regulations governing the design and construction of this type of bike trails. Approval of the plans and specifications of RECREATION IMPROVEMENTS shall be within DIRECTOR'S sole and absolute discretion. CITY acknowledges, however, that the design of RECREATION IMPROVEMENTS was/will not be prepared by DISTRICT and that DISTRICT's approval of the plans and specifications shall not be deemed the approval of RECREATION IMPROVEMENTS safety, suitability for the bike trail purpose or any other purpose, or compliance with the engineering requirements of any governmental agency or regulation. Consequently, CITY agrees that CITY is solely and absolutely responsible for design, construction and operation of RECREATION IMPROVEMENTS. Said plans and specifications shall be submitted by CITY for DISTRICT's review via an encroachment permit application through OC Public Works' County Property Permits section and shall be subject to applicable permit and inspection fees. 8.3. OTHER APPROVALS FOR RECREATION IMPROVEMENTS CITY shall be responsible at its sole cost and expense to secure and comply with any other approvals required to construct, operate and/or maintain its RECREATION IMPROVEMENTS. DISTRICT is not responsible for obtaining any such approvals nor shall DISTRICT be named as co-applicant in any regulatory agreement or permit applications. CITY and DISTRICT mutually agree that DISTRICT, as the property owner/easement holder, authorizes CITY to serve as the Legally Responsible Person (LRP) defined by the Construction General Permit (CGP), Order No. 2010-0014-DWO for CITY's RECREATION IMPROVEMENTS on PREMISES. CITY shall be responsible, at its sole cost and expense, to comply with all requirements by the State Water Resources Control Board. CITY shall be responsible to satisfy all the requirements of any such agreements and/or permits and satisfy any conditions imposed by any regulatory agency for the issuance of any such approvals. CITY shall not agree to any conditions that impose any obligations on DISTRICT. - Page 9 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana If any regulatory agency requires that any property is set aside as mitigation for CITY's RECREATION IMPROVEMENTS, that mitigation shall not be on PREMISES nor shall DISTRICT have any obligation to monitor or maintain that mitigation or contribute any costs therefore. CITY shall provide DISTRICT and OC Public Works' Permit Services/Regulatory Permits with copies of all regulatory permits and/or agreements and conditions for its review and written approval prior to CITY's agreeing to any such terms and conditions. Copies of any and all current permits issued shall be available for inspection by DISTRICT's personnel. CITY shall be responsible for obtaining permit from others for connecting its irrigation system to their water supply system. Any water supply lines provided by the CITY for irrigation of CITY's landscape or any other utilities provided for CITY's RECREATION IMPROVEMENTS are at CITY's cost. In any case when this agreement is terminated, CITY shall remove its utility lines installed pursuant to this Agreement at CITY's cost. In the event that CITY'S water supply lines cause any damage to DISTRICT's facilities, CITY shall repair, replace, or restore DISTRICT's improvements at CITY's expense to the satisfaction of the DIRECTOR and hold DISTRICT and COUNTY harmless as specified in Article 9. 8.4. CONSTRUCTION OF RECREATION IMPROVEMENTS CITY shall notify DIRECTOR two (2) weeks prior to beginning construction of its RECREATION IMPROVEMENTS on PREMISES and shall coordinate the work with DISTRICT's inspector during the progress of construction of RECREATION IMPROVEMENTS per individual encroachment permits. Any Contractor hired by CITY to construct RECREATION IMPROVEMENTS on PREMISES shall be required to: (a) Maintain insurance that complies with the insurance requirements specified in Exhibit E; (b) Indemnify, defend with counsel approved in writing by DISTRICT, and hold harmless DISTRICT, the COUNTY, their elected and appointed officials, officers, employees, agents and contractors (hereinafter "DISTRICT/COUNTY INDEMNITEES") harmless from any and all claims, losses, or liability, arising from injury or damage to persons or - Page 10 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana property related to Contractor's, its subcontractor's, their employee, agents or invitees activities on, within, upon, under or over PREMISES unless such injury or damage is caused by the sole negligence or willful misconduct of DISTRICT, COUNTY or the DISTRICT/COUNTY INDEMNITEES; (c) Provide DIRECTOR with a copy of its Notice of Intent to comply with the National Pollutant Discharge Elimination System (hereinafter referred to as "NPDES") permit covering construction activities and to fully comply with the requirements of that NPDES permit. Contractor shall also be required to comply with the requirements of the Drainage Area Management Plan, Local Implementation Plan as specified in Article 13 (Stormwater Regulations) of this AGREEMENT for activities to be conducted by the contractor and its subcontractors on PREMISES; (d) No construction materials are to be stored in such a way as to impede and/or interfere with any bikeway use, channel inspection or maintenance operations. Any DISTRICT improvements disturbed, damaged, vandalized or removed as a result of CITY's construction activities within, upon, under or over PREMISES shall be repaired, restored or replaced at CITY's expense in conformance with OC Public Works Standard Plans and to the satisfaction of the DIRECTOR within sixty (60) calendar days of the issuance of written notice by DIRECTOR. If CITY and/or its contractor fail to repair, restore or replace DISTRICT's improvements within sixty (60) calendar days, DIRECTOR may, in his sole and absolute discretion, cause the repair, restoration or replacement of DISTRICT's improvements to be completed by DISTRICT personnel or DISTRICT contractors and CITY shall be solely responsible for these costs and expenses. CITY agrees that in an emergency situation which threatens the public's health, safety or welfare as determined by DIRECTOR in his sole and absolute discretion, DIRECTOR shall be permitted to cause the repair, replacement or restoration of DISTRICT's improvements without prior notice to CITY and CITY shall be solely responsible -Page 11 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana for the cost of such repair, restoration or replacement in accordance with the procedures described above. 8.5. MAINTENANCE OF RECREATION IMPROVEMENTS CITY shall be solely responsible at its sole cost and expense for the operation, maintenance, repair, relocation, and/or replacement of RECREATION IMPROVEMENTS on PREMISES. 8.6. DISTRICT'S RIGHTS TO REMOVE/RELOCATE RECREATION IMPROVEMENTS Parties acknowledge that DISTRICT's 7-Year Plan, which indicates DISTRICT facilities to be improved within seven (7) years, may require removal or relocation of RECREATION IMPROVEMENTS. DISTRICT shall notify CITY if DISTRICT's plans will impact RECREATION IMPROVEMENTS. If DIRECTOR in his sole and absolute discretion determines use of CITY RECREATION IMPROVEMENTS must be prevented for any reason, or must be modified, relocated or removed in whole or in part, DISTRICT shall notify CITY in writing and CITY shall modify, relocate or remove all or a portion of RECREATION IMPROVEMENTS as directed by DIRECTOR at CITY's sole cost and expense within ninety days (90) calendar days of the date of DIRECTOR's written notification to CITY or within a longer time period if agreed to by DIRECTOR. CITY agrees that in an emergency situation which threatens the public's health, safety or welfare as determined by DIRECTOR in his sole and absolute discretion, DIRECTOR shall be permitted to prevent use of, or cause modification, relocation or removal of all or a portion of RECREATION IMPROVEMENTS without prior notice to CITY. DISTRICT will endeavor to notify CITY of its intent to remove CITY RECREATION IMPROVEMENTS as soon as practicable but in no case shall such notice be provided greater than thirty days (30) after DISTRICT modifies relocates or removes such RECREATION IMPROVEMENTS. DISTRICT shall close RECREATION IMPROVEMENTS to the public after any modification, relocation or removal of RECREATION IMPROVEMENTS until CITY and DISTRICT agree to re-open it. CITY agrees that if any of RECREATION IMPROVEMENTS are disturbed, damaged or removed by DISTRICT for proper DISTRICT purpose as described in Paragraph 4.2, above, CITY shall - Page 12 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana determine whether it is in CITY's best interest to replace, repair, restore, or remove such RECREATION IMPROVEMENTS. CITY shall be responsible for replacing, repairing, restoring or removing RECREATION IMPROVEMENTS to the satisfaction of DIRECTOR solely at CITY's cost and expense. 8.7. FENCING AND SITE SECURITY Security of the RECREATION IMPROVEMENTS shall be CITY's responsibility and at CITY's expense. CITY shall develop a plan to assure that DISTRICT's adjoining flood control facility is not accessible to the public using the RECREATION IMPROVEMENTS on PREMISES but is accessible to DISTRICT personnel from PREMISES (hereinafter referred to as "SECURITY/ACCESS PLAN"). This SECURITY/ACCESS PLAN shall show the placement of all fencing securing the PREMISES, including any proposed fencing located along the property line. This SECURITY/ACCESS PLAN shall also include the placement of any proposed gates as well as information concerning whether the proposed gates will be left open and if so when they will be open. This SECURITY/ACCESS PLAN shall be developed during the encroachment permit process for each of the RECREATION IMPROVEMENTS, reviewed, and approved prior to issuance of permit. For any masonry/block wall that is located all or in part on private property outside of the PREMISES, CITY shall be solely responsible for obtaining the necessary right-of- way and for maintaining the portion of the masonrylblock wall fencing the PREMISES at its sole cost and expense during the term of this AGREEMENT. If the private property owner refuses to allow CITY on its private property to perform any necessary repairs on the masonry/block wall, and the masonry/block wall presents a hazard to persons using the RECREATION IMPROVEMENTS, CITY shall at its sole cost and expense install other fencing on PREMISES to secure PREMISES. This replacement fencing shall meet the DIRECTOR's written approval and be designed and constructed at no cost to DISTRICT. - Page 13 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana If CITY subsequently removes the masonry/block wall for any reason, CITY shall construct a replacement wall or fence meeting DIRECTOR's written approval at no cost to DISTRICT. 8.8. GRAFFITI REMOVAL CITY agrees to be responsible at its sole cost and expense for keeping all RECREATION IMPROVEMENTS and DISTRICT facilities which are accessible from said RECREATION IMPROVEMENTS free of graffiti. CITY shall regularly inspect RECREATION IMPROVEMENTS for graffiti and shall remove all graffiti from the RECREATION IMPROVEMENTS and DISTRICT facilities within two (2) working days of inspection or notification of the graffiti. CITY shall identify a contact person at the CITY responsible for graffiti removal and shall keep OC Public Works'/Operations & Maintenance informed of CITY's contact person and access requirements for this operation by calling 714-955-0213. CITY shall perform any graffiti removal work in compliance with the requirements of Article 13 of this AGREEMENT by implementing appropriate Best Management Practices (hereinafter referred to as "BMPs") to prevent all materials, including paint or chemicals used in graffiti removal and any debris associated with the proposed project, from entering into the channel and/or DISTRICT maintained areas. 8.9. LANDSCAPING CITY shall prepare a landscaping plan for the PREMISES affected by the installation of any RECREATION IMPROVEMENT. This plan shall be reviewed and approved in writing by DIRECTOR before implementation. The CITY shall install and maintain the approved landscaping at its sole cost and expense. ARTICLE 9 INDEMNITY AND INSURANCE PROVISIONS 9.1. CITY'S INDEMNITY OBLIGATIONS CITY agrees that it shall indemnify, defend with counsel approved in writing by DISTRICT, release and hold DISTRICT, COUNTY, and/or DISTRICT/COUNTY INDEMNITEES harmless - Page 14 of 23 - Agreement No. 012-015 Bikeways and Trails in the City of Santa Ana from any and all claims, losses, or liability, arising from alleged injury or damage to persons or property arising out of: (a) breach of the terms and conditions of this AGREEMENT by CITY, (b) the willful misconduct or negligent acts or omissions of CITY in connection with this AGREEMENT, (c) the material or other items used or employed in performing construction work, (d) injury to or death of any person or persons (either workman, employees of CITY or its contractors, subcontractors or the public) or damage to adjacent or other property caused by the performance of construction work being performed to construct RECREATION IMPROVEMENTS on PREMISES, or (e) arising from use by any person or persons of RECREATION IMPROVEMENTS on PREMISES, or (f) CITY's operation and maintenance activities on PREMISES, or (g) the design of RECREATION IMPROVEMENTS on PREMISES. Nothing contained in this section shall operate to relieve DISTRICT and/or the DISTRICT/COUNTY INDEMNITEES from any loss, injury, liability, damages, claims, costs or expenses to the extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of DISTRICT and/or the DISTRICT/COUNTY INDEMNITEES or any of them. The indemnity obligations created by this section as well as any other indemnity obligations created by this AGREEMENT shall survive the termination of this AGREEMENT, to the extent that a claim is based on an event which occurred prior to termination. 9.2. INSURANCE During the term of this AGREEMENT CITY shall maintain insurance or self-insurance and cause its contractors to maintain insurance in accordance with the insurance requirements set forth in Exhibit E. - Page 15 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana ARTICLE 10 ASSIGNMENT / THIRD PARTY BENEFICIARY PROVISIONS 10.1. ASSIGNMENT BY CITY PROHIBITED CITY acknowledges that its rights and obligations pursuant to this AGREEMENT are non- transferable without the prior written consent of DISTRICT. Any attempt by CITY to transfer all or part of its rights or obligations under this AGREEMENT to another party shall be null and void. If CITY wishes to transfer RECREATION IMPROVEMENTS and/or any of its rights or obligation under this AGREEMENT to another party, DISTRICT may require that the proposed successor enter into a separate agreement with DISTRICT with additional terms and conditions. DISTRICT may, but is under no obligation to, record this AGREEMENT to provide notice to proposed assigns or successors that this AGREEMENT is non-transferable without the express written consent of the DISTRICT's Board of Supervisors. 10.2. NO THIRD PARTY BENEFICIARY This AGREEMENT is not intended to give or confer any benefits, rights, privileges, claims, actions, or remedies to any person, group or entity, including but not limited to the State and/or members of the general public authorized to use the PREMISES, as a third party beneficiary, decree, or otherwise. The CITY and the DISTRICT are and will remain the only entities with standing to enforce any of the covenants, terms and conditions of this AGREEMENT. ARTICLE 11 NOTICE 11.1. NOTICES All notices or other communications required or permitted under this AGREEMENT shall be provided to the following official at the specified address. - Page 16 of 23 - Agreement No. 012-015 Bikeways and Trails in the City of Santa Ana City of Santa Ana Parks, Recreation and Community Services Agency ATTN: Executive Director, Parks, Recreation and Community Service Agency 26 Civic Center Plaza Santa Ana, CA 92702 (714) 571-4204(phone); (714) 571-4221 (fax) ORANGE COUNTY FLOOD CONTROL DISTRICT Director of Orange County Public Works P.O. Box 4048 Santa Ana, CA 92702-4048 (City of Santa Ana- RECREATION IMPROVEMENTS) 11.2. FORM AND TIMING OF NOTICE All notices shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, or be sent by overnight courier and shall be deemed received upon the earlier of: (a) If personally delivered, the date of delivery to the address of the person to receive such notice; (b) If mailed, three (3) business days after the date of posting by the United States Post Office; or (c) If sent by overnight courier, when delivered. 11.3. CHANGES OF PERSON TO RECEIVE NOTICE Either PARTY may change the person or official to receive notice by sending a written notice of that change to the other PARTY. ARTICLE 12 ACCESS To DISTRICT'S CHANNEL 12.1. CITY LOCKS CITY shall be allowed to install a CITY lock on DISTRICT's gates if required for access to th e RECREATION IMPROVEMENTS, provided CITY ensures that DISTRICT retains its ability to access its facilities. - Page 17 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana 12.2. DISTRICT ACCESS GATES DISTRICT access gates not used by the public are to be immediately locked upon entering or exiting DISTRICT channel right of way. 12.3. USE OF DISTRICT ROADS CITY acknowledges that the use of earthen DISTRICT access roads is prohibited during inclement weather or when DISTRICT's earthen access roads are wet. When DISTRICT's earthen access roads are wet, CITY's access will be limited to pedestrian access only and CITY shall allow such access only if CITY determines the conditions are safe and do not warrant the CITY's closure of such access by the public. Nothing in this paragraph shall diminish DIRECTOR's authority to order closure of the RECREATION IMPROVEMENTS when deemed necessary by DIRECTOR. ARTICLE 13 STORMWATER 13.1. COMPLIANCE WITH STORMWATER REGULATIONS CITY and all CITY's, agents, employees and contractors shall maintain the PREMISES so as to assure that pollutants do not enter the DISTRICT's facilities from the PREMISES. The Santa Ana Regional Water Quality Control Board (hereinafter referred to as "RWQCB") has issued permits which regulate stormwater and non-stormwater discharges (Stormwater Perm its) resulting from areas owned and operated by the DISTRICT including activities conducted under this AGREEMENT. The COUNTY and cities within Orange County have enacted water quality ordinances that prohibit activities that result in pollutants being discharged into the Stormwater drainage system, including DISTRICT facilities. To ensure compliance with Stormwater Permits and water quality ordinances, DISTRICT and COUNTY have developed a Drainage Area Management Plan including a Local Implementation Plan (hereinafter referred to as "DAMP/LIP") that contains Model Maintenance Procedures with BMPs that parties using DISTRICT owned properties must adhere to. These Model Maintenance - Page 18 of 23 - Agreement No. 012-015 Bikeways and Trails in the City of Santa Ana Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality. CITY shall review and assure that its contractors working on PREMISES review the applicable Model Maintenance Procedures contained in the DAMP/LIP. Activities performed on the PREMISES under this AGREEMENT shall conform to the requirements of the Stormwater Permits, the DAMP/LIP, and the Model Maintenance Procedures, as they exist at the time this AGREEMENT commences and as Stormwater Permits, the DAMP/LIP, and/or the Model Maintenance Procedures are modified throughout the term of this AGREEMENT. The BMP's applicable to uses authorized under this AGREEMENT must be performed as described within all applicable Model Maintenance Procedures. CITY shall fully understand the Model Maintenance Procedures applicable to operations conducted on the PREMISES prior to conducting them. CITY and/or its contractors may propose alternative BMPs that meet or exceed the pollution prevention performance of the Model Maintenance Procedures. Any such alternative BMPs shall be submitted to DIRECTOR for his review and written approval prior to implementation. CITY acknowledges it may be required in the future by a regulatory agency such as the RWQCB to implement a self-evaluation program to demonstrate compliance with the requirements of this article. ARTICLE 14 EXHIBITS 14.1. EXHIBITS This AGREEMENT incorporates by this reference, the following exhibits, which are attached hereto and incorporated herein: Exhibit A -- Santa Ana River Vision Plan Exhibit B - Existing Bikeway along Santa Ana-Delhi Channel - Page 19 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana Exhibit C - Edna Park and Seventeen Street Triangle Exhibit D - Description of PREMISES Exhibit E -- DISTRICT Insurance Requirements ARTICLE 15 MISCELLANEOUS PROVISIONS 15.1. ENTIRE AGREEMENT This document sets forth the entire AGREEMENT among DISTRICT and CITY pertaining to this matter, and may be modified only by further written amendment between the PARTIES hereto. 15.2. AMENDMENTS It is mutually understood and agreed that no addition to, alteration of, or variation of the terms of this AGREEMENT, nor any oral understanding or agreement not incorporated herein, shall be valid unless made in writing and signed and approved by all necessary PARTIES. 15.3. COMPLIANCE WITH APPLICABLE LAW Each PARTY and their contractors shall at all times and in all respects comply with all applicable federal, state and local laws, ordinances regulations and permits. 15.4. CALENDAR DAY(S) Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. 15.5. WAIVER OF RIGHTS The failure of DISTRICT to insist upon strict performance of any of the terms, covenants or conditions of this AGREEMENT shall not be deemed a waiver of any right or remedy that DISTRICT may have, and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants and conditions of this AGREEMENT thereafter, nor a - Page 20 of 23 - Agreement No. 012-015 Bikeways and Trails in the City of Santa Ana waiver of any remedy for the subsequent breach or default of any term, covenant or condition of this AGREEMENT. 15.6. SEVERABILITY If any part of this AGREEMENT is held, determined or adjudicated to be illegal, void or unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall be given effect to the fullest extent reasonably possible. 15.7. AUTHORITY The PARTIES to this AGREEMENT represent and warrant that this AGREEMENT has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. 15.8. CONSTRUCTION The PARTIES acknowledge that the PARTIES and their counsel have reviewed and revised this AGREEMENT and that the normal rule of construction - to the effect that any ambiguities are to be resolved against the drafting PARTY - shall not be employed in the interpretation of this AGREEMENT or any exhibits or amendments hereto. 15.9. EXECUTION IN COUNTERPARTS This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one agreement. To facilitate execution of this AGREEMENT, the PARTIES may execute and exchange by telephone facsimile counterparts of the signature pages. - Page 21 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana IN WITNESS WHEREOF, each PARTY hereto has executed this AGREEMENT by its duly authorized representatives as of the date set forth above. City of Santa Ana, California, a charter city Date: L(r BY: f Paul Nf Waters City Manager Attest: Date: '? LL') L BY: ?D- y Maria D Huizar Clerk of the Coun6? APPROVED AS TO FORM: City of Santa Ana Laura Sheedy Assistant City Attorney - Page 22 of 23 - Agreement No. D12-015 Bikeways and Trails in the City of Santa Ana Orange County Flood Control District, a body c orate and politic Date: q -1 S - ?2 By Chairman of the Boar of Supervisor Orange County, CA Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec 25103, Reso 79-1535 Attest: Date: A/wY1 usan Novak Clerk of the Board of Supervisors County of Orange, California APPROVED AS TO FORM: Office of the County Counsel Orange County, California Date: - Page 23 of 23 - 1. Forrest Paul Trailhead 2. Edna Park Trailside Rest Area 3. 17th Street Site 4. Fairview Triangle Site 5. Pacific Electric Site 6. Spurgeon Park Site 7. McFadden Triangle Site EXHIBIT A ? ANA•ySANTA ANA ?f-= -'_ fco SANTA ANA RIVER VISION PLAN `A1 < P YV o? ?x a+ +?r ? PROPOSED SITES ?weuc vwucs accun D03 - GREENVILLE-BANNING CHANNEL E01 - SANTA ANA RIVER E08 - SANTIAGO CREEK F01 - SANTA ANA-DELHI CHANNEL F02 - SANTA ANA GARDENS CHANEL J O n H I ? CUBSON m u,MCFADDEN Ii r r? wRLNARO o ¢ ;? ¢ a NtaN Z ' SCHOOL EDINGER m ¢ m EST. ANOREY ' p 2 GLERVGw o a ?? ¢ ST. GERTRUOE ST. GEATRO? WARNER EXHIBIT B - FLOWER STREET BIKE TRAIL PERMIT NO. 2008-00750 SANTA ANA CITY COUNCIL nR7? i EXITING TRAIL AGENDA P. W ¦ - - - - - ¦ ¦ - - PROPOWD TRAIL PUBLIC r003 AGEILY ••.••••••..•.•••• OCFCD CHANNEL NTS ?\y ORq.4 C'F. r,A. VIM-. 10 1., AIR i1E I T T I 1 1 i i 1 r r 1 - 1 ? ?O L Z? ?hP t 1 1? t I i 1 1 1 E E I 1 1 1 1! 1 1 1! 1 i l l 1111111111411111111loll IEIi111I 0 1 ? i 1 1 r '-Edno Pork Parce I R1551 & R1553 17th Ste Parce I EXHIBIT C 17TH ST [ 1 1 1 1 1 1 i 1 1 1 E i 1 : f Triangle R1552 1 NTS N L R,14. r r EDNA PARK OCFCD 1 City of Santa Ana Parcel R1551 & Ri553 tl 17th Street Triangle Lease Agreements Parcel 81552 28 September 2010 D03 - GREENVILLE-BANNING CHANNEL E01 - SANTA ANA RIVER E08 - SANTIAGO CREEK F01 - SANTA ANA-DELHI CHANNEL F02 - SANTA ANA GARDENS CHANEL NTS EXHIBIT D - CITY BIKEWAY TRAILS SANTA ANA ?t` CITY COUNCIL EXISTING TRAIL AGENDA ?? PROPOSED TRAIL . . . . . . . . . . . .. . .. . ..... . OCFCD CHANNEL' P1eLCipjK9"Z"R N?NNNNNIN?NNN OTHERS EXHIBIT E INSURANCE REQUIREMENTS During the term of this AGREEMENT, CITY shall maintain commercial insurance or self-insurance to cover its general liability, automobile liability and workers' compensation exposures and indemnity obligation associated with this AGREEMENT. Upon request CITY shall provide DISTRICT with proof of insurance, or a letter evidencing CITY's self-insurance program acceptable to DISTRICT, within seven (7) days of the effective date of this AGREEMENT. CITY shall cause its contractors performing work within the PREMISES, at contractors' expense, to maintain and provide proof of insurance to CITY as set forth below: Coveraze/Limits Coverage Minimum Limits Commercial General Liability with $1,000,000 limit per occurrence products and completed operations and $2,000,000 aggregate contractual liability Automobile Liability including coverage $1,000,000 limit per occurrence for owned, non-owned and hired vehicles Workers' Compensation Statutory Employers' Liability Insurance $1,000,000 per occurrence Professional Liability Insurance* $1,000,000 per claims made or per occurrence *If contractor's Professional Liability policy is a "claims made" policy, contractor shall agree to maintain professional liability coverage for two years following the completion of the contract. Required Coverare Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad. Oualified Insurer The policy or policies of insurance must be issued by an insurer licensed to do business in the state of California (California Admitted Carrier) or have a minimum rating of A- (Secure A.M. Best `s rating) and VIII (Financial Size Category) as determined by the Page 1 of 2 EXHIBIT E most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com If the insurance carrier is not an admitted carrier in the state of California and does not have an A.M. Best rating of A-/VIII, the CEO/Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: 1) An Additional Insured endorsement using ISO form CG 2010 or CG 2033 or a form at least as broad naming the County of Orange and Orange County Flood Control District, its elected and appointed officials, officers, employees, agents as Additional Insureds. 2) A primary non-contributing endorsement evidencing that the contractor's insurance is primary and any insurance maintained by the County of Orange, Orange County Flood Control District shall be excess and non-contributing. 3) A Products and Completed Operations endorsement using ISO Form CG2037 (ed. 10/01) or a form at least as broad, or an acceptable alternative is the ISO from CG2010 (ed. 11/85). All insurance policies required by this contract shall waive all rights of subrogation against the County of Orange and members of the Board of Supervisors, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, the Orange County Flood Control District, and members of their Board of Supervisors, their elected and appointed officials, officers, employees and agents. The procuring of such required policy or policies of insurance shall not be construed to limit CITY and/or its'Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor in any way to reduce the policy coverage and limits available from the insurer. Page 2 of 2 EXHIBIT E A { ri.oli,ri ih,,,n•? ^.? II VI ti7HCRti ?A uI fierI'l,nlog li,ur I r I r h. e :`Ltr{uir: cnI f S.Ifln!Pr1R) malr- August 13, 2012 CITY OF= SANTA ANA 20 CIVIC CENTER PLATA - P.O. BOX 1988 SANTA ANA.,..t AL IFORNI.A.92702.. Orange County Flood Control District Director of Orange County Public Works PO Box 4048 Santa Ana, CA 92702-4048 Re: City of Santa Ana - Insurance Programs Agreement No. D12-015 Project No. PWA-2012-345-OSA To Whom It May Concern: 711 %IA',AGEI: ['at nJ ':. ke,3111 1'1 -\T(i;rl',El I- vph \V ? Ietf IERhO F THEt;il!NCIt. --%Lir,l I?. 1 fwzar The City of Santa Ana is a member of Big Independent Cities Excess Pool (BICEP). Current reinsurance and excess municipal liability is insured from $2M to $52M and includes auto liability coverage. The City self insures and funds the first $1M of claim payments. BICEP covers the layer from $1 M to $2M. The City is permissively self-insured for workers' compensation and self-administers this program as well. The City, through BICEP, purchases excess statutory coverage through the California State Association of Counties - Excess Insurance Authority (CSAC-EIA) above $1 M. The City funds claim payments under $1 M. The City is also a member of the Public Entity Property Insurance Program (PEPIP). At present, membership is over 6,400 entities. Current property insurance is $1B per occurrence for "All Risk" coverage and flood coverage is $82.5M or $50M based on the flood zone where our insured property is located. If you need further information please contact me at (714) 647-5470. Sincerely, Briza Morales Risk Management Technician cc: Silvia Cuevas, Management Analyst Parks, Recreation, and Community Services Agency ORANGE COUNTY BOARD OF SUPERVISORS MINUTE ORDER September 25, 2012 Submitting Agency/Department: OC PUBLIC WORKS Approve agreement D12-015 with City of Santa Ana to construct and maintain bikeway and pedestrian trail improvements, ten-year term; renewable for 50 additional one-year terms; and make California Environmental Quality Act findings - District 1 The following is action taken by the Board of Supervisors: APPROVED AS RECOMMENDED ® OTHER ? Unanimous ® (1) NGUYEN: Y (2) MOORLACH: Y (3) CAMPBELL: Y (4) NELSON: Y (5) BATES: X Vote Key: Y= Yes; N=No; A=Abstain; X=Excused; B. 0. =Board Order Documents accompanying this matter: ? Resolution(s) ? Ordinances(s) 1 Contract(s) Item No. 22 Special Notes: Copies sent to: OCPW: Marna Lovelady Eric Swint r- J 1. V ? O??lFOn?` I certify that the foregoing is a true and correct copy of the Minute Order adopted by the Board of Supervisors , Orange County, State of California. Susan Novak, Clerk of the Board By: De ty - w 1 Agenda Item AGENDA STAFF REPORT O ASR Control 12-000466 O?l1 0 MEETING DATE: 09/25/12 LEGAL ENTITY TAKING ACTION: Orange County Flood Control District BOARD OF SUPERVISORS DISTRICT(S): 1 SUBMITTING AGENCY/DEPARTMENT: OC Public Works (Approved) DEPARTMENT CONTACT PERSON(S): Ignacio Ochoa (714) 667-3213 Kevin Onuma (714) 647-3939 SUBJECT: Bikeway Agreement D12-015 with the City of Santa Ana CEO CONCUR COUNTY COUNSEL REVIEW CLERK OF THE BOARD Concur Approved Agreement to Form Consent Calendar 3 Votes Board Majority Budgeted: N/A Current Year Cost: N/A Annual Cost: N/A Staffing Impact: No # of Positions: Current Fiscal Year Revenue: N/A Funding Source: N/A Prior Board Action: N/A Sole Source: N/A RECOMMENDED ACTION(S): 1. Find that the approved Notice of Exemption by the City of Santa Ana (City) is adequate to satisfy the requirement of CEQA. 2. Approve Agreement D12-015 between the Orange County Flood Control District and the City to allow the City to construct and maintain bikeway and pedestrian trail improvements, with an initial ten-year term with automatic annual renewals up to a total term of 50 years. SUMMARY: Approval of Agreement D12-015 between the Orange County Flood Control District (OCFCD) and the City of Santa Ana (City) will allow the City to construct and maintain all bikeway and pedestrian trail improvements along portions of the Greenville Banning Channel, Santa Ana River Channel, Santa Ana Delhi Channel, and Santa Ana Gardens Channel that are located within the City's boundaries, which will support increased opportunities for outdoor recreation for the public. BACKGROUND INFORMATION: Page 1 I pull ?r The City of Santa Ana (City) approved the Santa Ana River Vision Plan on August 7, 2006 which proposes bikeways and pedestrian trails along and adjacent to the Santa Ana River Channel within City boundaries. The City is seeking funding opportunities to implement those trails to provide increased opportunities for outdoor recreation and non-vehicular transportation for the general public. Additionally, the City may in the future desire to construct bikeways and pedestrian trails improvements adjacent to Greenville Banning Channel, Santa Ana River Channel, Santa Ana Delhi Channel, and Santa Ana Gardens Channel within the Orange County Flood Control District (OCFCD) right-of-way within the City's boundaries. Agreement D12-015 between the OCFCD and the City specifies that the City will construct, operate, and maintain all existing and future bikeways and pedestrian trails, excluding the regional bikeway and trail along Santa Ana River, at its own cost along the portions of OCFCD's channels located within the City's boundaries. The term of the Agreement is initially for ten years upon your Board's approval and will automatically renew on an annual basis for a total term of up to 50 years; however, the Agreement may be terminated by either party with at least 60 days prior written notice before the expiration of the initial ten year term or at the end of each subsequent annual term. Compliance with CEQA: This activity was approved under the Categorical Exemption per Section 15301 and General Rule per Section 15061(b)(3) by the City of Santa Ana City Council through a Motion (Minute Order) on June 5, 2012 (see attached Notice of Exemption). Your Board can find that this document is adequate to satisfy the requirements of CEQA. FINANCIAL IMPACT: N/A STAFFING IMPACT: N/A EXHIBIT(S): Exhibit A - Approved Notice of Exemption by the City of Santa Ana ATTACHMENT(S): Attachment A - Agreement D12-015 between the Orange County Flood Control District and the City of Santa Ana Page 2 O R A N 0 F C a u w T Y PubhcWorks Our Community. Our Commitment. Ignacio G. Ochoa, P.E, Interim Director, OC Publio Worft 300 N. Flower Street Santa Ana, CA P.O. Box 4048 Santa Ana, CA 92702-4048 Telephone: (714) 8342300 Fax: (714) 834-5188 Revision to ASR and/or Exhibit's/Attachments Date: September 20, 2012 To: Susan Novak, Clerk of the Boa Vervisors Cc: Cou nty Executive Office From: Ignacio G. Ochoa, P.E., Interim r Works ASR Control #(s): 12-000466 Age to s #22 for the September 25, 2012 Board Meeting Subject: Bikeway Agreement D12-015 with the City of Santa Ana Explanation: Deputy County Counsel requested to use new language for the standard ASR CEQA finding. ® Make modifications to the: ? Subject ® Background Information ? Summary Compliance with CEQA: The City of Santa Ana (City) as lead agency under CE .QA for this project has found the project to be categorically exempt rsuant o E wide roes ?e was app rev ande Section 15301 and General Rule per Section 15061(b)(3) by the-Gif e€ Santa Ana City Geuneil through on Motion (Minute Order) of City Council meeting on June 5, 2012 (see attached Notice of Exemption). Y-eur Bear-d ean find that this deeoment is adequaw to satisfy the rev=-??- `5 ef `'' ^" e Orangg CCouflV Flood Con 1 District, a s nsi a n y under CE QA G_ uidelines Section 15381 has reviewed and considered the Categorical Exemption approved by the City. A responsible agency is authorized to rely on the Categorical Exemption adopted by the City