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
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