HomeMy WebLinkAboutCC 6 AG EMS DEVEL CO. 03-18-91DATE:
TO:
FROM:
SUBJECT:
MARCH 18, 1991
WILLIAM A. HUSTON, CITY MANAGER
CONSENT CALENDAR NO. 6
3-18-91
Inter - Com
ROBERT S. LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
INDEMNITY AGREEMENT BETWEEN CITY OF TUSTIN AND EMS DEVELOPMENT
COMPANY AND W.O. AND M.A. ENDERLE TRUST NUMBER 1
RECOMMENDATION:
That the City Council, by minute motion, approve and authorize the
City Manager to execute subject agreement.
DISCUSSION:
The City of Tustin proposes to install signalized traffic control
at the intersection of Yorba Street and Vandenberg Lane. In order
for the traffic signals to operate properly, it will be necessary
to install detection loops on private property. The property owner
has agreed to grant the City an easement in which to install and
maintain the detection loops.
In consideration of granting the easement, the property owner asks
that the city indemnify and keep landowner harmless against
liability arising out of work related to loop construction on
private property.
The requested easement deed has been executed by the property
owner, and will be processed for acceptance after subject agreement
has been approved.
Robert S. Ledendecker
Director of Public Works/City Engineer
BL:lmh:enderle
INDEMNITY AGREEMENT
THIS AGREEMENT, is made and entered into this day of
, 1991, between EMS Development Company and W.O.
& M.A. Enderle Trust No. 1 ("Landowners"), and the City of Tustin,
a municipal corporation ("City").
R E C I T A L S
A. Landowners own Orange County Assessor's Parcel No. 401-
251-04 ("Landowners' Property"), as shown on Exhibit "A" attached
hereto and incorporated herein by this reference.
B. The City plans to enter into a contract to install
traffic signals at the intersection of Yorba and Vanderberg Lane
in the City of Tustin. In order for the traffic signals to operate
properly it will be necessary to install detection loops on
Landowners' Property.
C. It is to the benefit of the Landowners and the City to
install the subject traffic signals and in recognition thereof,
Landowners have agreed to grant to the City an easement for the
purpose of installing and maintaining the detection loops on
Landowners' Property.
D. In consideration of this grant of an easement, the City
has agreed to enter into this agreement to indemnify Landowners.
A G R E E M E N T
1. All work related to the installation of detection loops
on Landowners' Property or in preparing or delivering materials to
the site shall be at the risk of the City alone. City agrees to
1
save, indemnify and keep Landowners, its officers, agents and
employees, harmless against any and all liability, claims,
judgments, costs and demands, including demands arising from
injuries or death of persons and damage to property, arising
directly or indirectly out of work related to the installation of
the subject traffic signals and detection loops, save and except
claims of litigation arising through the sole willful misconduct
or sole negligence of the Landowners. City further agrees to
reimburse Landowners for any expenditures, including reasonable
attorneys' fees, Landowners may incur by reason of such matters,
and if requested by Landowners, will defend any such suits at the
sole cost and expense of the City.
'$LANDOWNER' EMS DEVELOPMENT COMPANY
"CITY"
APPROVE VFO
Jam . Rourke
City Attorney
DAD:IW:R:02/22/91(S61.cas)
Title:
W.O. & M.A. Enderle Trust No. 1
Y -
Title:
CITY OF TUSTIN
By:
.William A. Huston, City Manager
STATE OF CALIFORNIA
SS.
COUNTY OF ORANGE
On this , ,jt day of 19 , before me,
the undersigned, a Notary Public in and for said State, personally
appeared WILLIAM A. HUSTON, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) who
executed the within instrument as City Manager, on behalf of the
City of Tustin, the municipal corporation therein named, and
acknowledged to me that he executed the within instrument pursuant
to a resolution of its City Council.
WITNESS my hand and official seal.
[Seal]
STATE OF CALIFORNIA
SS.
COUNTY OF ORANGE
Notary Public
- On this day of V.L.` lI-U. ,. 19 before me,
the undersigned, a Notary Public in and,for said State, personally.
appeared ��f -1t� In fO L,C. _ and
personally known to me (or proved to me on the basis
satisfactory evidence) to be the person(s) who name(s)
subscribed to the within instrument, and knowledged to me
he/she/they executed the wi i rum t.1 -�
r
Notary Public
L SEAL
Y
Arne Chait'E°: 1im :.
[Seal]WTARY PUBLIC -camoRvw:
+1� OR"E CC?VJNTY
myCasx+'L Expaes Apig 24,1492c
STATE OF CALIFORNIA
SS.
COUNTY OF ORANGE
of
are
that
On this��-day of f �,f�' J� `' (.c�`�-�,' , 19_Lj/, before me,
the undersigned, a Notary Public in and for said State, personally
appeared l`-,C,t_c r!C�" and
personally known to me (or proved to me on the basi-s' of
satisfactory evidence) to be the person(s) who name(s) are
subscribed to the within instrument, a acknowledged to me that
he/she/they executed the w' -inn i en'
CAI ILIAL SEAL '
`Seyr Anne Chamberlin - = -
'S ORYPUBLIC- CALIFORNIA
Notarypublic
ORANGF COUNTY + _
' arm Expires 24, 1992
n• i. .. _r...,<; r. FICIAL SEAL
[Seal] „ Casey Anne Chamhe; =In
NOTARY PUBIC - CALIFORNIA
ORANGE CCONTY
MY Cor .m. E: ✓res kpn124. 19' 2
EXHIBIT ,A
_ CURVE DATA
PARCEL 2
(APN 401-251-06) 1
PREPARED UNDER SUPERVISION OF:
AD—A-kA-ZA-Sl) N DATE
CITY OF ' USTI
RGE. NO. 59
EXP. 3-31-92
PARCEL 3 �.
(APN 401-251-04)
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PARCEL 3 OF P.M./
IN BOOK 84, ��
PG. 28 30
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SCALE: 1"= 60'
ROS
I
'N 59'0 450 RAD.
N 60°53'03 " W, RAD.
/(APN /
VANDENBERG
T. P_0.B. N
_. 167-4256"W, RAD_
LANE
R
L
T
Q
70 7' S3"
790.00'
98.33`
49.23'
0 0 52'l S'
790.00'
12.00'
6.00
PARCEL 2
(APN 401-251-06) 1
PREPARED UNDER SUPERVISION OF:
AD—A-kA-ZA-Sl) N DATE
CITY OF ' USTI
RGE. NO. 59
EXP. 3-31-92
PARCEL 3 �.
(APN 401-251-04)
co/
QRpF ESStON9�
Koo
cc
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k Exp.3/31/92
s�l�9T� CIV1�410-eo-o`� OF CAU�
u
i
PARCEL 3 OF P.M./
IN BOOK 84, ��
PG. 28 30
O `
O cv
O� �O O�
I !"
�O
N
SCALE: 1"= 60'
ROS
I
'N 59'0 450 RAD.
N 60°53'03 " W, RAD.
/(APN /
VANDENBERG
T. P_0.B. N
_. 167-4256"W, RAD_
LANE