HomeMy WebLinkAbout09 MONUMENT SIGN 06-05-00 NO. 9
6-5-00
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DATE: JUNE 5, 2000
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: COOPERATIVE AGREEMENT FOR MONUMENT SIGN ON JAMBOREE ROAD
SUMMARY
' A Cooperative Agreement has been developed by the Public Works Departments of the Cities of
Orange and Tustin that will allow the City of Tustin to use the blank southbound facing side of the
City of Orange's monument sign located in the median island of Jamboree Road immediately
north of the Tustin City limits.
RECOMMENDATION
It is recommended that the City Council approve the Cooperative Agreement with the City of
Orange regarding joint use of the City of Orange monument sign located in the median island of
Jamboree Road northerly of the Tustin City limits and authorize execution of the Cooperative
Agreement by the Mayor and City Clerk.
FISCAL IMPACT
None at this time.
DISCUSSION
In an effort to avoid constructing a similar monument sign adjacent to the City of Orange's
monument sign located in the median island on Jamboree Road north of the common City limits,
staff requested the City of Orange to consider allowing the City to use the blank southbound
facing side of their existing monument sign to inform Jamboree Road traffic that they are entering
Tustin. The City of Orange's wooden monument sign was installed less that five years ago and is
in excellent condition. ,
The Cooperative Agreement specifies that Tustin will submit plans to the Public Works Director of
Orange for approval, obtain an encroachment permit prior to any construction, and be
responsible for the maintenance of the southbound facing side of the sign. The' City of Orange
will be responsible for the maintenance on the northbound facing side and the general upkeep of
the monument sign structure itself. Additionally, the City of Orange may order removal of the
Tustin improvements at any time after 36 months from completion of Tustin's construction without
compensation to Tustin.
Cooperative Agreement for Monument Sign on Jamboree Road
June 5, 2000
Page 2
Upon City Council approval and execution of the agreement, the Public Works Director of Orange
will submit the final agreement for approval to the Orange City Council. The Orange City Council
had previously approved the joint use and directed staff to prepare a Cooperative Agreement at
their regular meeting on January 25, 2000.
The City Attorney has reviewed and approved the Cooperative Agreement.
D. Serlet
Director of Public Works/City Engineer
TDS:ccg:Coop Agmt Monument sign on Jamboree Rd.doc
Attachment: Cooperative Agreement
c: Harry Thomas, Public Works Director, City of Orange
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Cooperative Agreement
THIS COOPERATIVE AGREEMENT (the "Agreement") is made at Orange, California,
on theday of, 2000, by and between the CITY OF
ORANGE, a municipal corporation ("Orange") and the CITY OF TUSTIN, a municipal
corporation ("Tustin"), who agree as follows:
RECITALS
WHEREAS, Orange currently has an entryway monument sign located approximately
50 feet from the Tustin city limits in the median of Jamboree Road, with text reading "Orange"
facing northbound traffic ("Monument Sign"); and
WHEREAS, Tustin desires a similar sign facing southbound traffic on Jamboree Road;
and
WHEREAS, in 'an effort to avoid the location of two similar monument signs within 100
feet of each other in the median of Jamboree Road, Tustin requests to use the blank
southbound facing side of Orange's Monument Sign; and
WHERERAS, Orange is agreeable to allow Tustin to use the southbound side of the
Monument Sign sUbject to certain conditions.
NOW'THEREFORE, in consideration of the mutual promises and covenants contained
herein the parties agree as follows:
AGREEMENT
1. Subject to Agreement. The Monument Sign which is the subject of this
agreement is located in the median of Jamboree Road, approximately 50 feet inside the City
limits of Orange.
2. Text To Be Applied to the Monument Sign. Tustin shall prepare plans and a
schematic of the text and or logo to be applied to the southbound facing side of the
Monument Sign, and submit such plans/schematic to the City of Orange, Director of Public
Works/City Engineer for approval, which approval shall not be unreasonably withheld.
3. Allowable Construction. The text and/or Iogos approved by Orange shall be
attached and affixed to the Monument Sign by means approved by the Orange Department of
Public Works.
4. Responsibilities of Cities.
(a) Responsibilities of Tustin
(1) In advance of construction of its improvements, Tustin shall obtain
an Encroachment Permit from the Orange Public Works Department.
(2) Tustin shall be responsible for the upkeep and maintenance of the
southbound facing side of the Monument Sign to the satisfaction of Orange. Tustin shall also
be responsible for any damage to the Monument Sign structure caused by its improvements.
(b) Responsibilities of Orange Orange shall be responsible for the
upkeep and maintenance of the northbound facing side of the Monument Sign and the
general upkeep and maintenance of the Monument Sign structure itself.
5. Termination of Agreement. Orange may order the removal of Tustin's
improvements at any time, for any reason, and may remove, relocate and/or replace the
Monument Sign structure at any time after 36 months from the completion of the construction
of the southbound facing sign, at its sole discretion, without compensation to Tustin.
6. Indemnification Each party shall defend, hold harmless, and indemnify the
other as to any and all claims, judgments, liabilities or damages for personal injuries and
property damage directly arising out of each party's performance of the Agreement.
7. Integration This Agreement constitutes the entire agreement of the parties.
No other agreement, oral or written, pertaining to the work to be performed under this
Agreement shall be of any force or effect unless such agreement is in writing and signed by
both parties.
8. Notice Except as otherwise provided herein, all notices required under
this Agreement shall be in writing and delivered personally or by first class mail, postage
prepaid, to each party at the address listed below:
"CITY OF TUSTIN"
"CITY OF ORANGE"
CITY OF TUSTIN '
300 Centennial Way
Tustin, CA 92780
Attn: Director of Public Works/City Engineer
CITY OF ORANGE
300 E. Chapman Avenue
Orange, CA 92866-1591
Attn: Director of Public Works/City Engineer
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first written above.
"CITY OF TUSTIN"
"CITY OF ORANGE"
CITY OF TUSTIN
CITY OF ORANGE
By: By:
Jeffery M. Thomas, Mayor
Joanne Coontz, Mayor
ATTEST: ATTEST:
Pamela Stoker, City Clerk
Cassandra Carthcart, City Clerk
DATE OF EXECUTION:
._
DATE OF EXECUTION'
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Lois Jeffrey Date Mary E. Binning Date
City Attorney Assistant City Attorney
S:\Consultant Serv. Agrmnts~2000\Orange Coop Agreement.doc