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HomeMy WebLinkAbout04-055 CC Resolution I I I RESOLUTION NO. 04-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING A MAINTENANCE AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE FOR A SEGMENT OF WINCHESTER ROAD (SR 79) LOCATED IN THE UNINCORPORATED AREA OF RIVERSIDE COUNTY, AS PART OF THE FUTURE RELINQUISHMENT OF STATE ROUTE 79 TO THE CITY OF TEMECULA (SENATE BILL 87) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, Senate Bill 87 (SB 87) will provide for the State of California's (Caltrans) future relinquishment of ownership and maintenance responsibilities to the City of Temecula for those segments of Winchester Road (SR 79N) and State Route 79 South (SR 79S) located within the City's boundaries; and WHEREAS, the City's eastern boundary does not evenly intersect the highway at this location and the City and County of Riverside share the centerline boundary of Winchester Road for approximately 2,065 linear feet; and WHEREAS, Caltrans has requested that the City enter into a Maintenance Agreement with the County of Riverside to maintain the unincorporated right-of-way area in conjunction with its maintenance of the remainder of Winchester Road. The Maintenance Agreement and subject right-of-way area are described and depicted in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, given the unique configuration of the Winchester Road right-of-way relinquishment area, the Maintenance Agreement will benefit both the City and County by allowing for uniform and efficient maintenance of the highway; and WHEREAS, the provisions of the Maintenance Agreement will satisfy Caltrans' concerns regarding this segment of the highway with relationship to the future Relinquishment Agreement as set forth in SB 87. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Temecula as follows: Section 1. The City Council of the City of Temecula hereby agrees to the terms and conditions of said Maintenance Agreement with the County of Riverside for the maintenance of that portion of Winchester Road (SR 79N) located in the unincorporated area of Riverside County. Section 2. The terms and conditions of the Maintenance Agreement shall become effective in accordance with the approval and recordation of the Relinquishment Agreement by the California Transportation Commission as set forth in SB 87. R:/Resos 2004/Resos 04-55 I PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 25th day of May, 2004. ""- S. aggar, Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04-55 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 25th day of May, 2004, by the following vote: AYES: 4 COUNCILMEMBERS: Comerchero, Roberts, Washington, Naggar NOES: 0 COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Stone ABSTAIN: 0 COUNCILMEMBERS: None I R:/Resos 20O4/Resos 04-55 I I I EXHIBIT A MAINTENANCE AGREEMENT AND DESCRIPTION OF WINCHESTER ROAD (SR79N) RIGHT-OF- WAY AREA R:/Resos 20O4/Resos 04-55 I I I MAINTENANCE AGREEMENT FOR A PORTION OF WINCHESTER ROAD BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE THIS AGREEMENT is dated as of -' 2004 by and between the City of Temecula ("City") and the County of Riverside ("County"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. ~ This Agreement is made with respect to the following facts and purposes, which each party hereto acknowledges as true and correct: a. State Route 79 North ("SR 79N") is currently a state highway which runs through the City of Temecula from Interstate 15 past the eastern City boundary and into the unincorporated areas of the County of Riverside. SR 79N is also known as Winchester Road. b. Senate Bill 87 ("SB 87") is pending in the Legislature. If enacted, SB 87 will provide for the State of California's relinquishment and transfer of ownership and maintenance responsibilities to the City of Temecula for that portion of SR 79N from Interstate 15 to the eastern City boundary. The State, through Caltrans, would retain jurisdiction over SR 79N east of the City's eastern boundary within unincorporated Riverside County. The transfer of jurisdiction will be complete upon the execution of a relinquishment agreement between the California Transportation Commission and the City of Temecula. c. The City's eastern boundary at SR 79N does not evenly intersect SR 79N. The boundary is configured in such a way that it runs down the center of SR 79N for approximately 2,065 feet from the boundary. Thus, for the area of 5R 79N located within 2,065 feet of the eastern City boundary, roughly one half of SR 79N is in the City and one half is in the County of Riverside. A map depicting this portion of SR 79N and the portions of the right of way within the City and County, is attached hereto as Exhibit A and incorporated herein as though set forth in full ("Subject Right of Way"). d. In order to most efficiently provide for the maintenance of SR 79N at this location, Caltrans has requested that the City of Temecula agree to maintain the Subject Right of Way in conjunction with its maintenance of the remainder of SR 79N right of way as set forth in SB 87. e. This Agreement benefits both the City and the County by allowing for uniform and efficient maintenance of the Subject Right of Way given its unique configuration. 2. Maintenance ResDonsibilities. The City shall: (I) improve, modify, maintain and repair the roadway, drainage facilities, traffic signals, signs, lighting, and irrigation and landscaping within the Subject Right of Way; (ii) govern use of Subject Right of Way by others through encroachment permit process (iii) remove all trash and debris from the Subject Right of Way; and (iv) pay all utilities, including, but not limited to, water and electricity necessary to provide for the operation of facilities, lighting and traffic devices within the Subject Right of Way. City shall maintain the Subject Right of Way in accordance with applicable law and the City's roadway and right of way maintenance standards. 3. Term. This Agreement shall commence upon the effective date of the State's relinquishment of jurisdiction over SR 795 and shall continue in effect until such time as: R:/Resos 20O4/Resos 04-55 4 I I I (1) Caltrans approves the termination of this Agreement by either party; (2) the effective date, if any, of the City's annexation of the area within the Subject Right of Way. 4. Riaht of Entrv. County hereby grants to the City a non-exclusive license to go onto the Subject Right of Way in order to perform the maintenance as provided by this Agreement. 5. Indemnification. a. City agrees to defend, indemnify, protect and hold harmless the County, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the County, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the City's negligent or wrongful acts or omissions in performing .or failing to perform under the terms of this Agreement, or which may arise from the ownership of the Property, excepting only liability arising out of the negligence of the County. b. County agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the County's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 6. Defaults and Remedies a. Subject to the extensions of time set approved in writing by a party, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default (claimant) shall give written notice of default to the other party, specifying the default complained of. b. The claimant shall not institute proceedings against the other party nor be entitled to damages if the other party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice. Such cure, correction and remedy shall include payment of any costs, expenses (including attorney fees) or damages incurred by the non-defaulting party resulting from the default or during the period of default. c. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. d. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. R:/Resos 20O4/Resos 04-55 5 I I I e. If a default is not fully cured by the defaulting party as provided in this Paragraph, the defaulting party shall be liable to the other party for any damages caused by such default, and the non-defaulting party may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default. f. If a default under this Agreement is not fully cured by the defaulting party as provided in this Paragraph, the non-defaulting party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. g. In the event litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses incurred in the action. 7. Force Majeure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either City or County is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment by a party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 8. Notices to Parties Written notices, demands and communications among the City and County, shall be sufficiently given by either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: City: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: Director of Public Works County: Chief Administrative Officer County of Riverside 4080 Lemon Street, 12th Floor Riverside, Ca. 92501 R:/Resos 2004/Resos 04-55 6 I I I County Engineer: Director of Transportation Department County of Riverside 4080 Lemon Street, 8th Floor Riverside, California 92501 9. Aareement Bindina on Successors. This Agreement shall be binding on and shall inure to the benefit of the successors and lawful assigns of the parties hereto. 10. Assianment. Neither Party shall assign or transfer this Agreement or any portion thereof without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided however that either party may assign this Agreement to a related public entity without the consent of the other; provided however, that nothing in this Agreement is intended to, nor shall it be construed to, prohibit the City from employing contractors to perform its maintenance obligations within the Subject Right of Way.. 11. Sole and Only Aareement. This Agreement constitutes the sole and only agreement between City and County respecting the matters contained herein. Any agreements or representations, either oral or written, respecting the matters discussed in this Agreement not expressly set forth in this Agreement are null and void. 12. Lease. Time of Essence. Time is expressly declared to be of the essence of this 13. Authority to Execute. Each party hereto expressly warrants and represents that he or she has the authority to execute this Agreement on behalf of his or her governmental entity and warrants and represents that he or she has the authority to bind his or her entity to the performance of its obligations hereunder. 14. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the County, the City, and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. II/I 1/1/ R:/Resos 20O4/Resos 04-55 I I I IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved as to form: Peter M. Thorson, City Attorney R:/Resos 2004/Resos 04-55 I I I COUNTY OF RIVERSIDE By: Chairman of the Board of Supervisors Attest: Clerk of the Board of Supervisors By: Deputy Clerk of the Board of Supervisors Approved as to Form: William Kal2enstein, County Counsel By: Deputy County Counsel R:/Resos 20O4/Resos 04-55 9