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Home My WebLink About04 TUSD WATER EASEMNT 11-19-01AGENDA REPORT NO. 4 '11-1'9-01 MEETING DATE: NOVEMBER 19, 2001 400-10 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/WATER DIVISION HOLD HARMLESS AGREEMENT WITH TUSTIN UNIFIED SCHOOL DISTRICT REGARDING EXISTING WATERLINE EASEMENT AT RED HILL ELEMENTARY SCHOOL SUMMARY The Tustin Unified School District is proposing to construct a concrete drainage swale within an existing five foot waterline easement on the Red Hill Elementary School site. The proposed agreement provides for the District to indemnify, pay for the defense, and hold harmless the City from all claims, including claims by the District resulting in damage to the concrete swale caused by waterline maintenance. Additionally, the District shall be responsible for the repair of and all costs of repair, of the concrete swale due to the City's maintenance, replacement or repair of the waterline. RECOMMENDATION That the City Council approve the Hold Harmless Agreement with Tustin Unified School District and authorize the Mayor and the City Clerk to execute said agreement. (The City Attorney has approved the Agreement) FISCAL IMPACT None. DISCUSSION The Tustin Unified School District is proposing to construct a concrete drainage swale along the southern property line of Red Hill Elementary School to capture on-site drainage and convey it to the Red Hill Avenue Storm Drain System. The southern property line is the most appropriate location to construct the drainage improvements. However, at this location the drainage swale will be within a 5' waterline easement conveyed to the Tustin Water Works in 1964 from the Tustin Unified School District and presently containing an 8" waterline. The attached agreement will indemnify and hold the City harmless from all claims resulting from damage to the swale caused by repair or replacement of the waterline, and will make the District responsible for all costs associated with the repair of the swale caused by waterline repair or maintenance. Staff recommends that the City Council approve the Agreement and authorize the Mayor and City Clerk to execute it. Tim D. Serlet Director of Public Works/City Engineer Attachments: Agreement C: Joe Sovella TDS:klb/S:\City Council Items\01 City Council Items\TUSD Hold Harmless.doc HOLD ~LES8 THIS HOLD HARMLESS AGREEMENT (the "Agreement") is entered into as of the 1st day of November 2001, by and between the TUSTIN UNIFIED SCHOOL DISTRICT (the "District") and the CITY OF TUSTIN (the "Cit~"). WHEREAS, by the Deed of Easement dated July 14, 1964 (the "Easement") attached hereto and incorporated herein as Exhibit "A", the D~str~ot granted to the Tustin Water Works, a public utility, an easement over a portion of the Dtstrict-s property (the "Easement Area"') known as the Red Hill Elementary School, located in the unincorporated section of Orange County at 11911 Red Hill Avenue, Santa Ana, California (the "School Site".) for the purpose of an underground water line; and WHEREAS, to assist in controlling storm drainage in the immediate vicinity of the School 'Site, Distriot, as part of its construction and replacement of the Red Hill Elementary School, desires to construct a five (5) foot wide concrete .swale over and along the Easement Area; and WHERE,, in the event that the water line located under the concrete swale ruptures or leaks and damage results to the concrete swale, Cit~ desires that the District hold it harmless against any such damage. NOW THE~FOI~, in consideration of the above premises and the covenants set forth below, the parties hereto agree as follow: 1. For so long as the concrete swale covers any portion of the Easement Area, 'the District agrees to indemnify, pay for the defense of and hold harmless the City and its officers, agents and employees from all claims, actions, damages and/or injuries of any nature or kind, whatsoever, including claims by District, resulting in damage to the concrete swale caused by the replacement, maintenance Or repair of the water line or the rupture or leak in that portion of the water line covered .by the concrete swale, including but not limited to damage caused to the concrete swale as a result of the City,s maintenance, repair and/or replacement of the subject water line; provided that the Cit~ shall maintain in good order, condition and repair the water line located in the Easement Area, and further provided that the City shall promptly repair any such rupture .or leak in the water line. District shall be responsible for the repair of and all costs of repair, of the' concrete swale due to ~ity,s maintenance, replacement or repair of the water line. 2. In the event any maintenance, repair or replacement work involving the underground water line is necessary which may result in damage to the concrete swale, the Cit~ shall provide a minimum of five (5) calendar days prior written notice to the District; provided however, in the event of an emergency requiring immediate attention to the water line, the Ci%~ .agrees to provide the District notice as soon as reasonably practicable. The City further agrees to coordinate all such work on the water line with the District so as not to disrupt scheduled classes or activities on the School Site. 3.. Whenever either party hereto shall desire to give or serve upon the other any notice, demand, request or other communication, each such notice, demand, request or other communication shall be in writing and may be given by personal delivery, air courier, or by mailing the same by registered or certified mail, return receipt requested, postage prepaid, (or by telecopy or email if followed by one of the aforementioned methods) to the other party to whom' then notice is directed at the address of such party hereinafter set forth, or such other address as the parties may hereafter des ignate: TO DISTRICT: Tustin Unified School District 1302 Service Road Tustin, California 92780 Attn: Director, Maintenance & Operations TO CITY: City of Tustin 300 Centennial Way Tustin,-California 92780 Attn: Timothy D. Serlet Director of Public Works Ail notices are deemed received only upon the earlier of actual receipt by the party to which the notice was intended or forty- eight (48) hours from deposit in mail or with courier. 4. Except as specified in this Agreement, the Easement shall remain in full force and effect. IN WITNESS WHEREOF, this Agreement has been authorized and executed by the parties hereto as of the day and year first written above. District City Assistant S~perintende.t Its: Business Services City of Tustin By- 'TraCy Wills Worley Its: Mayor Attest ' City Clerk APPROVED AS TO FORM 'Ci{y Attorney 8dny/tu:indemnify.886 E__X~__IBIT "A'" DEED' OF EASEMENT 8dny/tu: indemnify. 886 -- 3 - TUSTIN scHOoL DISTRICT OF ORANDE COUNTY, CALIFORNIA hereby ~rants Co TUSTIN WATER WORKS, a public ucili~y, its successors and assigns, an easement for an underground wa~er line acro~ tha~ certain' real property stguated in the Coungy of Orange, State of California, hereinafter ?. ~e~cribed- 10 11 DATED · · 13 14 , 18 The sou=hwesteriy five ~eet of the southarly quarter of ~0 acre Lot 349, in Block 14 of Irvine's Subdivision, as shown on a map ghe~eof recorded in Book 1, Page 88, Miscellaneous Ma, ps, records of said Orange Coum~y, e~cepting $ str~p of land 30 f~e~ wide, off enCirely southeasterly side of said lot. 19 STATE OF CALIFORNIA ) ~0 COUNTY OF ORANGE ) · - By, .Ci~rk 'o/: ~he Board of '£ruSl:e. es 21 Ou this .__1~*'~..--- day 'of __,, , _J~-lY_ , 1964, before me, · 22 ...ja~_e~._~r0.wm p. rle..e~tl? , a Notary Public in and for said County and _ - : _ '-'__~ ...... ~- _-- _ , ,, ~4 Presiden=, a~d .., H.M. S~nn~oa,. .D-V'M- ,.. .. .... , Cleric, respec=i~ely, 25 of ~he Board of Trustees of ~he Tus~in School Dis~ric~ of Orange Coun[y., 26 C~lifornia, known ~o ma go be ~he persons whose names are subscribed ~0 27 fha foregoing instrument and ~clcnowledge.d =o me =hat =hey ex~cuced the z8 same oB behalf of said School Disgric~, WITNESS my hand and $0 31 official seal. "x -' B" '" TOTAL P.