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HomeMy WebLinkAboutN.B. 5 LNDSCPE MAINT 03-02-92NEW BUSINESS N0. S ,.� 3-2-92 AGE N ,r FEBRUARY 26, 1992 WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGII:EERING DIVISION LANDSCAPE MAINTENANCE AGREEMENT - LAURELWOOD RESIDENTIAL DEVELOPMENT RECOMMENDATION: That the Tustin City Council approve the Landscape Maintenance Agreement with the Laurelwood Homeowners Association and authorize a supplemental 1991-92 budget appropriation in the amount of $3,000.00 to cover the City's share of the landscape maintenance cost through June 30, 1992. BACKGROUND: The City recently completed two major projects identified as the Tustin Ranch Road Interchange at the I-5 Freeway and the extension of Tustin Ranch Road improvement between the I-5 Freeway -and Walnut Avenue. Both of these projects are located adjacent to the Laurelwood Residential Development. The interchange project is located along the northerly edge of the development and the Tustin Ranch Road project is located along the easterly edge of the development. During the initial design stages of each of these projects, staff was directed to include within the design of these projects any amenities that would minimize the impacts to the adjacent residential development(s). The landscape/ irrigation and hardscape improvements were separated into two phases as follows: Phase I - Area adjacent to and westerly of Tustin Ranch Road between 1-%alnut Avenue and approximately 150+ feet southerly of I-5 Freeway. Phase II - Area adjacent to and southerly of the I-5 Freeway between Tustin Ranch Road and 60± feet easterly of Cherrywood Avenue. Phase I consists of approximately 20,700 square feet of landscape/irrigation improvements and is located immediately westerly (residential side) of the new concrete block masonry wall that was constructed with the Tustin Ranch Road improvements. This area of land ranges from five ( 5 ) foot to fifteen (15 ) foot in width. The new landscape improvements were designed to fit in with or compliment the existing Laurelwood development landscape improvements. Landscape Maintenance Agreement February 26, 1992 Page 2 This residual public right-of-way area is the result of relocating the perimeter wall to place it on a graded berm or adjacent to the roadway profile to obtain the maximum wall screening benefits to the residents of the Laurelwood Development. Phase II consists of approximately 11,500 square feet of landscape/irrigation improvements and is located immediately southerly of the recently constructed interchange retaining and soundwalls. This area ranges from ten (10) to twenty five feet in width and is comprised mainly of a sloped area between two retaining walls. This residual public right-of-way area was not required as part of the interchange improvements. The landscaping within this area will help screen the visual impacts of the high retaining/soundwalls of the interchange project. .DISCUSSION: The attached agreement for landscape maintenance provides the vehicle for the Laurelwood Homeowners Association to maintain the landscaped area within the Phase I area on behalf of the City and for the City to reimburse Laurelwood Homeowner's Association on a monthly basis at the current Laurelwood cost. This agreement will provide for a uniform level of service on the two adjacent areas. Phase I has been completed and is currently being maintained by Laurelwood. The current estimated monthly cost for the 20,700 square feet is $500.00. Phase II is currently being installed and is scheduled to be completed and ready for acceptance by the City in mid to late June, 1992. At this time staff will return to the City Council with an amendment to this agreement to add an additional 1 , 500 square feet of landscape maintenance. - Staff requests the City Council to approve the attached Landscape Maintenance Agreement, authorize the Mayor to execute said agreement and approve a supplemental 1991-92 budget appropriation in the amount of $3,000.00 to cover the cost for said improvements through fiscal year 1991-92. Robert Ledendecker Director of Public Works/City Engineer RL:ccg:landmain Attachment AGREEMENT FOR LANDSCAPE MAINTENANCE THIS AGREEMENT, is entered into this day of , 1992, by and between the LAURELWOOD HOMEOWNERS ASSOCIATION ("Laurelwood") and the CITY OF TUSTIN, a municipal corporation, ("Tustin"). The effective date of this Agreement is the date set forth hereinabove, regardless of the date that any party hereto signs this Agreement. Laurelwood and Tustin may sometimes be referred to herein individually as "Party" and collectively as "Parties". R E C I T A L S: A. Tustin is improving Tustin Ranch Road from Interstate 5 Freeway to Walnut Avenue. As part of that improvement, an existing wall on the westerly side of Tustin Ranch Road will be removed and reconstructed approximately six to ten feet east of its present location. Approximately 20,700 square feet of landscaping and an irrigation system will be installed on Tustin's right-of-way west of the new wall location. B. As shown on Exhibit "A", which is attached hereto and incorporated herein by reference, Laurelwood owns the property immediately west of the area to be landscaped on Tustin's right-of- way. Laurelwood has already installed landscaping and irrigation improvements in that area. C. The Parties wish to make the irrigation system and the landscaping that is to be installed by Tustin compatible to the existing landscaping and irrigation system on Laurelwood's property. To do so, it will be necessary for Tustin to encroach upon Laurelwood property in order to make the finished landscaping and irrigation systems compatible. D. Once the landscaping and irrigation facilities have been installed, it will be beneficial to both Parties if Laurelwood maintains all of the landscaping, including the landscaping on Tustin's right-of-way, subject to reimbursement by Tustin. NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants set forth herein below, the Parties agree as follows: 1. Installation of Landscaping and Irrigation Facilities Tustin shall install landscaping that is compatible with the existing landscaping of Laurelwood on Tustin's right-of-way in the location shown on Exhibit "A" . Tustin shall also install an irrigation system that is compatible with the irrigation system presently owned by Laurelwood, and connect a portion of such system to the Laurelwood irrigation system. Tustin shall also replace any of Laurelwood's existing landscaping which Tustin removes in order to connect the irrigation systems and to achieve compatibility. 2. Right of Entry Laurelwood hereby grants to Tustin a right of entry to enter upon Laurelwood property to the extent necessary to install Tustin's landscaping and irrigation system, to connect such irrigation system to Laurelwood's irrigation system, and to replace portions of Laurelwood's landscaping in order to achieve compatibility. 2 3. Maintenance of Landscaping and Irrigation Facilities After the landscaping and irrigation system have been installed by Tustin, Laurelwood shall maintain such landscaping and irrigation system on behalf of Tustin. 4. Reimbursement by Tustin Tustin shall reimburse Laurelwood on a monthly basis for the cost of maintaining the landscaped area within the Tustin right-of- way. Such reimbursement shall include reimbursement for the cost of labor at the then current Laurelwood square foot cost on 20,700 square feet of landscaping. Laurelwood shall present Tustin with a monthly invoice setting forth the costs of such maintenance. This invoice shall be directed to the Tustin address shown in paragraph 8(f) of this Agreement. Tustin shall make payment within fifteen (15) days of receipt of the invoice. S. Indemnification a. Indemnification by Tustin Tustin agrees to indemnify and hold Laurelwood, its employees, contractors and authorized agents, free and harmless from and against any and all claims, liens, damages, costs and other liabilities (including attorneys' fees) for damage to property or injury or death of any person resulting directly or indirectly from (i) any negligent or intentional acts or omissions or other conduct by Tustin, its employees, contractors or authorized agents which relate to or otherwise arise from 3 installation of the landscaping and irrigation facilities; and (ii) any other breach in this Agreement by Tustin. b. Indemnification by Laurelwood Laurelwood agrees to indemnify and hold Tustin and its employees, contractors and agents, free and harmless from and against any and all claims, liens, damages, costs and other liability ( including attorneys' fees) for damage to property or injury or death to any person resulting directly or indirectly from (i) any negligent or intentional acts or omissions, or other conduct by Laurelwood, its employees, contractors or authorized agents in the performance of any obligations or the exercise of any rights under this Agreement; and (ii) any other breach in this Agreement by Laurelwood. 6. Term of the Agreement This Agreement shall commence as of the effective date set forth above, and continue in effect until terminated by mutual agreement of the Parties hereto. Notwithstanding the foregoing, the indemnification obligations set forth herein shall survive the termination of this Agreement. 7. Modification of Irrigation Facilities Upon Termination 6 Agreement a. In the event that this Agreement is terminated, Tustin shall have the right to enter Laurelwood's property to the extent necessary to disconnect Tustin's irrigation system from Laurelwood's and to make such 4 modifications in the irrigation system as are necessary to permit it to operate independently of Laurelwood's system. In such event, Tustin shall restore Laurelwood's landscaping and irrigation system to the condition prevailing immediately prior to the termination modification. b. In the event of termination, Tustin shall maintain the right-of-way in a manner compatible with Laurelwood's contiguous property. 8. General Provisions a. Entire Agreement This Agreement constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns or grantees. b. Attorneys' Fees In the event any legal proceeding is filed between either of the Parties to enforce the terms hereof, to declare rights hereunder or to resolve any controversy, claim or dispute regarding the terms and provisions set forth herein, the prevailing Party shall be entitled to recover from the losing Party its costs of suit, 5 including reasonable attorneys' fees, as may be fixed by the court. C. Enforcement The Parties hereto shall each have the right to enforce, by proceedings at law or in equity, all of the terms and provisions of this Agreement, which right shall include, without limitation, the right to prosecute a proceeding against the person or entity who has violated, or is attempting to violate, any of said terms and/or provisions, to enjoin or prevent them from doing so, to cause said violation to be remedied and/or to recover damages for said violation. d. Waiver The failure o f either Party hereto to enforce any term or provision set forth herein shall not constitute a waiver of their right to enforce the same term or provision, or any other term or provision hereafter. No waiver of any provision herein shall be deemed or shall constitute a waiver of any other provision herein (whether or not similar), nor shall such waiver constitute a continuing waiver. e. Cooperation The Parties shall each execute and deliver any and all documents and perform any acts that are reasonably necessary to effectuate the provisions of this Agreement. f. Notice n Any notice, payment or instrument required or permitted by this Agreement to be given to either Party shall be deemed to have been received five ( 5 ) days after deposit in the United States mail, postage prepaid, addressed to: TUSTIN: City of Tustin 300 Centennial Way Tustin, California 92680 Attn: City Engineer LAURELWOOD: Laurelwood Homeowners Association P.O. Box 1707 Tustin, California 92681-1707 Attn: President g. Governing Law The laws of the State of California shall govern this Agreement. h. Inurement This Agreement shall be binding upon and inure to the benefit of Laurelwood and Tustin, and their respective successors, assigns and grantees. IN WITNESS WHEREOF, this Agreement shall be effective on the day and year first above written. "LAURELWOOD" LAURELWOOD HOMEOWNERS ASSOCIATION By: President "TUSTIN" THE CITY OF TUSTIN By. Mayor (Signatures Continued on Page 8) 7 APPROVED AS TO FORM: JAMES G. ROURKE By JRS: DAD:cas: R:01/08/92: (H404)