VISTA DEL RIO HOUSING PARTNERS, L.P. (2)

Home Browse Search

A-2009-214-05 TRAFFIC SIGNAL MAINTENANCE AGREEMENT THIS TRAFFIC SIGNAL MAINTENA NCE AGREEMENT (herein referred to as the "Agreement") is entered into as of this E i — day of /t J/�/1L1� 2012, by and between the CITY OF ORANGE, a municipal corporation (herein referred to as the "ORANGE"), CITY OF SANTA ANA, a Charter City and municipal corporation (herein referred to as the "SANTA ANA"), and VISTA DEL RIO HOUSING PARTNERS L.P., a California limited partnership (herein referred to as the "Property Owner"). WHEREAS, Property Owner owns real property in the City of Santa Ana, County of Orange, State of California, described in legal descriptions and depicted as Exhibit A attached hereto and incorporated herein by this reference (the "Site"); and WHEREAS, it is the desire of Property Owner to obtain a modified signalized intersection for vehicular access to the Site to and from Memory Lane/The City Drive as shown in plat maps as Exhibit B (the "Maps") and incorporated herein by this reference; and WHEREAS, the subject modified signalized intersection is partially located in the jurisdiction of ORANGE and partially in the jurisdiction of SANTA ANA, and currently maintained by ORANGE; and WHEREAS, ORANGE has agreed to continue to maintain the traffic signals and safety lighting at the signalized intersections for such vehicular access as shown on the Maps, subject to the conditions listed below; and WHEREAS, this agreement will supersede all previous applicable maintenance and operation agreements pertaining to the traffic signal at Memory Lane/The City Drive intersection. NOW, THEREFORE, IT IS AGREED by and between ORANGE, SANTA ANA, and the Property Owner as follows: 1. The Property Owner has prepared plans, specifications and estimates for the Site improvements including traffic related plans prepared by Austin -Foust Associates, Inc. (herein referred to as the "Plans"), which Plans have been approved by ORANGE and are on file with ORANGE's Public Works Department. The Property Owner hereby agrees to and shall be responsible for the construction and installation, at its sole cost and expense, of all work and improvements, (hereinafter, the "System"), reflected on the Plans in accordance with the plan specifications. The Property Owner shall carry out the construction of the System on the Site in conformity with all applicable laws, including all applicable federal and state labor standards, including, but not limited to, the payment of prevailing wages. 2. The Property Owner acknowledges and agrees that the construction of the System constitutes a public work under applicable state law, and the Property Owner shall abide by all