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AGREEMENT FOR LANDSCAPE MAINTENANCE
WITHIN STATE HIGHWAY RIGHT OF t°'t'AY
ON ROUTE 38 WITHIN THE CITY OF REDLANDS
THIS AGREEMENT is made and executed effective this 3"d day of September,
2008, by and between the State of California, acting through its Department o
Transportation, hereinafter referred to as "STATE," and the City of Redlands, hereinafter
referred to as "CITY," together referred to as the "PARTIES."
RECITALS. WITNESSETH
I. The PARTIES desire to work together to allocate theirrespective obligations
relative to newly constructed or revised improvements within STATE's right of way,
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2. This Agreement addresses CITY responsibility for the landscaping,
irrigation systems, litter and weed removal {collectively the "LANDSCAPING„
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within State Highway right-of-way on State Route 38,_as shown on Exhibit "A " 'attached
) placed
to and made a part of this Agreement.
Section I
In consideration of the mutual covenants and promises herei
STATE agree as follows: n contained, CITY and
a) The PARTIES have agreed to an allocation of maintenance responsibilities
that includes, but is not limited to, inspection, providing emergency
repair, replacement, and maintenance, {collective/
�IMhinafter
AINTAIN/MAINTENANCE") of LANDSCAPING as showne reon said
Exhibit "A."
b) When a planned future improvement is constructed and/or a minor revision
has been effectedwith STATE's consent or initiation within the limits of
the STATE's right-of-way herein described which affects the PARTIES'
division of MAINTENANCE responsibility as described herein, the
PARTIES will agree upon and provide a new dated and revised Exhibit
which will be m "A"„
made a part hereof by an amendment to this Agreement when
executed, and will thereafter supersede the attached original Exhibit "A„ to
thereafter become a part of this Agreement.
Section 11
CITY agrees, at CITY expense, to do the following:
a) CITY may install, or contract with a licensed contractor with appropriate
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class of license in the State of California, to install and thereafter will
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MAINTAIN (section 27 of the Streets and Highways Code)
LANDSCAPING conforming to those plans and specifications (PS&E) pre-
approved by STATE.
b) CITY will submit the final form of the PS&E, prepared, stamped and signed
by a licensed landscape architect, for LANDSCAPING to STATE's District
Permit Engineer for review and approval and will obtain and have in place a
valid necessary encroachment permit prior to the start of any work within
STATE'S right-of-way. All proposed LANDSCAPING must meet
STATE's applicable standards.
C) CITY shall ensure that LANDSCAPED areas designated on Exhibit"A" are
provided with adequate scheduled routine MAINTENANCE necessary to
MAINTAIN a neat and attractive appearance.
d) An Encroachment Permit rider may be required for any changes to the
scope of work allowed by this Agreement prior to the start of any work
within STATE's right-of-way.
e) CITY contractors will be required to obtain an Encroachment Permit prior
to the start of any work within STATE's right-of-way.
t) To furnish electricity for irrigation system controls, water, and fertilizer
necessary to sustain healthy plant growth in perpetuity.
g) To replace unhealthy or dead plantings when observed within 30 days when
notified by STATE that plant replacement is required.
h) To prune shrubs, tree plantings, and trees to control extraneous growth and
ensure STATE standard lines of sight to signs and corner sight distances are
always maintained for the safety of the public.
i) To MAINTAIN, repair and operate the irrigation systems in a manner that
prevents water from flooding or spraying onto STATE highway, spraying
parked and moving automobiles, spraying pedestrians on public
sidewalks/bike paths, or leaving surface water that becomes a hazard to
vehicular or pedestrian/bicyclist travel.
j) To control weeds at a level acceptable to STATE. Any weed control
performed by chemical weed sprays (herbicides) shall comply with all laws,
rules, and regulations established by the California. Department of Food and
Agriculture. All chemical spray operations shall be reported quarterly
(form LAI 7) to the STATE to Landscape Specialist in the Region Office at
1808 Batavia Street, Grange, CA 92865.
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k) To control weeds at a level acceptable to STATE. Any weed control
performed by chemical weed sprays (herbicides) shall comply with all laws,
rules, and regulations established by the California Department of Food and
Agriculture.
To expeditiously repair any STATE facility damage ensuing from CITY'S
LANDSCAPE sign and presence and, activities, including, but not limited
to, damage caused by plants and plant roots and to reimburse STATE for its
costs to repair STATE facility damage ensuing from CITY's LANDSCAPE
presence and activities should STATE be required to cure a CITY default.
in) To remove LANDSCAPING and appurtenances and restore STATE owned
areas to a safe and attractive condition acceptable to STATE in the event
this Agreement is terminated as set forth herein,
n) To furnish electricity and MAINTAIN lighting system and controls for all
street lighting systems installed by and for CITY,
0) To inspect LANDSCAPING on a regular monthly or weekly basis to ensure
the safe operation and condition of the LANDSCAPING.
P) To expeditiously MAINTAIN, replace, repair or remove from service any
LANDSCAPING system component that has become unsafe or unsightly,
q) To MAINTAIN all sidewalks/bike paths within the limits of the STATE
highway right-of-way, as shown on Exhibit "A," at CITY expense.
MAINTENANCE includes, but is not limited to, concrete repair,
replacement and to grind or patch vertical variations in elevation of
sidewalks/bike paths for an acceptable walking and riding surface, and the
removal of dirt, debris, graffiti, weeds, and any deleterious item or material
on or about sidewalks/bike paths or the LANDSCAPING in an expeditious
manner,
r) To MAINTAIN all parking or use restrictions signs encompassed within the
area of the LANDSCAPING.
S) To allow random inspection of LANDSCAPING, street lighting systems,
sidewalks/bike paths and signs by a STATE representative.
t) To keep the entire landscaped area policed and free of litter and deleterious
material.
Tact No,
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U) All work
by or on behalf of CITY will be done at no cost to STATE.
Sect--ion III
STATE agrees to do the following:
a) Provide CITY with timely written notice of unsatisfactory conditions that
require correction by CITY.
b) Issue encroachment permits to CITY and CITY contractors at no cost to
them.
C) Ensure that the costs of relocation, reconstruction or replacement of
LANDSCAPING resulting from future public and private projects and
encroachment permittees are home by the parties responsible for these
activities that result in the need to relocate, reconstruct or replace the
LANDSCAPING.
Sect ion IV
Legal Relations and Responsibilities
a) Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this Agreement, or
affect the legal liability of either PARTY to this Agreement by imposing
any standard of care respecting the design, construction and
MAINTENANCE of these STATE highway improvements or CITY
facilities different from the standard of care imposed by law.
b) If during the term of this Agreement, CITY should cease to MAINTAIN the
LANDSCAPING to the satisfaction of STATE as provided by this
Agreement, STATE may either undertake to perform that MAINTENANCE
on behalf of CITY at CITY expense or direct CITY to remove or itself
remove LANDSCAPING at CITY's sole expense and restore STATE's
right of way to its prior or a safe operable condition. CITY hereby agrees to
pay said STATE expenses within thirty (30) days of receipt of billing by
STATE. However, prior to STATE performing any MAINTENANCE or
removing LANDSCAPING, STATE will provide written notice to CITY to
cure the default and CITY will have thirty (30) days within which to effect
that cure.
C) Neither CITY nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or omitted
to be done by STATE under or in connection with any work, authority or
jurisdiction arising under this Agreement. It is understood and agreed that
STATE shall fully defend, indemnify and save harmless CITY and all of its
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officers and employees from all claims, suits or actions of every name, kind
and description brought forth under, including, but not limited to, tortious,
contractual, inverse condemnation and other theories or assertions of
liability occurring by reason of anything done or omitted to be done by
STATE under this Agreement with the exception of those actions of
STATE necessary to cure a noticed default on the part of CITY.
d) Neither STATE nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or omitted
to be done by CITY under or in connection with any work, authority or
jurisdiction arising under this Agreement. It is understood and agreed that
CITY shall fully defend, indemnify and save harmless STATE and all of its
officers and employees from all claims, suits or actions of every name, kind
and description brought forth under, including, but not limited to, tortious,
contractual, inverse condemnation or other theories or assertions of liability
occurring by reason of anything done or omitted to be done by CITY under
this Agreement.
e) Insurance. CITY and its contractors shall maintain in force, during the term
of this Agreement, a policy of general liability insurance, including
coverage of bodily injury liability and property damage liability, naming the
State of California, its officers, agents and employees as the additional
insured in an amount of$1 million per person and $2 million in aggregate.
Coverage shall be evidenced by a certificate of Insurance in a form
satisfactory to Department that shall be delivered to Department with a
signed copy of this Agreement.
0 Prevailing Wage Requirements. Workers employed in the performance of
work contracted for by CITY, and /or performed under encroachment
permit, are covered by the prevailing wage provisions of the Labor Code in
the same manner as are workers employed by STATE's contractors.
CITY shall require its contractors to include prevailing wage requirements
in all subcontracts entered into to perform the work mentioned in this
Agreement. All CITY's contracts with its contractors shall include a
requirement that contractors and their subcontracts shall include prevailing
wage requirements identical to those set forth in this Agreement.
g) Term. This Agreement may be terminated by timely mutual written
consent by the PARTIES, and CITY's failure to comply with the provisions
of this Agreement will be grounds for a Notice of Termination by STATE.
h) Term of Agreement. This Agreement shall become effective on the date
first shown on its face sheet and shall remain in full force and effect until
amended or terminated at any time upon mutual consent of the parties or
until terminated by STATE for cause.
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The PARTIES are empowered by Street and Highways Code section 114 & 130 to enter into this
Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the
respective agencies and covenants to have followed all the necessary legal requirements to validly execute
this Agreement.
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day
and year first above written.
THE CITY OF REDLANDS STATE OF CALIFORNIA.
DEPARTMENT OF
TRANSPORTATION
AYOR WILL KEMPTON
Director of Transportation
Attest:
By: f
Cttv,Clerk By:
Deputy District Director
' Maintenance
By
Department of Transportation
**Approval by STATE'SAttorney is not required armless changes are made to this form, in which case, the
draft will be submitted to Headquarters far review and approval by STA TE's Attorney as to farm and
procedures.
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L UONIA HOMES
TRACT 17253
IN THE CITY OF REDLANDS
STATE OF CALIFORNIA
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LINE TABLE
L► N8935'33t 264.90' PHASE 3 MODULES A,B,D
L2 N89'3533T 24.90'
L3 N89'3533'E 139.42'
L4 N00'W 17V 40.06' 201 or co PAG;
L5 �N69y°/3y5y'3-3�1T 6.42' M_ wr. ,err 101 02.io cn
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L7 N8903533T 45.62' t
L8 N00'00'1 7W 39.78' 501 Oa^. P 03. :nn
L9 N89'3533T 20.00' 02r
L 10 N00'W 17'W ►61.75 u "' . 3031 3031
L 1 1 N00'i00'17%v 40.06' 302 402/ 4041
L12 N89'35'33T 135.00' 401 403 304 302
L13 NOOW 17 W 219.84' Ls
L14 N89'35133T 117.03'
L 15 N89'35'334E 99.56'
L16 N89035133'E199.32' -+ ■ �{^yyr��
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