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Home My WebLink AboutCC 26 MOU RT-OF-ENTRY 02-05-90a DATE: JANUARY 31, 1990 TO: WI_�LIAM HUSTON, CITY MANAGER CONSENT CALENDAR NO. 26 2-5-90 I ntar-Com FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: JA14BOREE ROAD, BETWEEN BARRANCA PARKWAY AND EDINGER AVENUE, RIGHT -OF -ENTRY MEMORANDUM OF UNDERSTANDING RECOMMENDA'T'ION That the Tustin City Council approve the amendment to the Jamboree Road Right -of -Entry Memorandum of Understanding, and authorize the Mayor to execute said document subject to the City Attorney's final review/approval. BACKGROUND: On August 21, 1989, the City and The Irvine Company executed a Right- of- Entry Memorandum of Understanding for Jamboree Road between Barranca ?arkway and Edinger Avenue. This document provided the City permission to enter The Irvine Company-owned property to construct the Jamboree Road improvements. Section 2 of this document addressed termination and stated the following: "In -he event that Tustin does not advertise the Jamboree Road Project by December 31, 1989, and award a contract to construct the ;project within six (6) months from the date this Agreement is executed, then this Agreement shall be of no further effect and all rights granted either party hereunder shall be terminated." Due to plan preparation/processing with the various jurisdictional agencies, Both the December 31, 1989 and the February 21, 1990 dates outlined in Section 2 either have not, or will not be able to be.met. DISCUSSION: An amendment to the original Right -of -Entry Memorandum of Understanding is; attached and provides new language as follows: "Section 2 of the Memorandum of Understanding is hereby deleted and replaced with the following: In the event that Tustin does not award a contract to construct.the Project on or before April 30, 1990, then this Agreement shall be of no further effect and all rights granted either party hereinunder may be terminated by written notice by either Tustin or Company." The April 30, 1990 contract award date will provide sufficient time after the February 20, 1990 bid opening date for the staff to process the pre -award paperwork. TAMBOREE ROAD MEMORANDUM OF UNDERSTANDING JANUARY 31, 1990 PAGE 2 This amendment is currently being reviewed by the City Attorney':- office. It is requested that the City Council approve the attach --d. amendment to the Right -of -Entry MOU and authorize the Mayor to execute said document subject to the City Attorney's review/approval. Bob Ledendecker Director of Public Works/City Engineer BL:mv J' entered as of this day of 1990., by and betw,-tem the City of Tustinand - Irvine C.1 It: WHEREM, Tustin and CCupany have previously executed that Nerandum of ur4eratanding dated August 21, 1989 regarding the construction of roadway iMravements on Jamboree Road between Barranca. and. Edinger. WHERM I the schedule for constxucti.on of Jamboree Road has been delayed due to circumstanc4s beyond their control. NOW, F1 EFCREr the parties desire to amend the agreement as follows: 1. Section 2 of the Mworand= of Understatxding is hereby deleted and replaced with the. following: In the event that Tustin does not award a contract to oonstruct the Project on or before April 30, 1990, then this agreement shall be of no further effect and all rights granted either warty hereMder may be terminated by written notice by either Tustin or C=Vany. Except as so amended, the agreement continues unchanged and as amended it �ntinues in full force and effect. nT WITNESS WHEREOF, the parties have execute. this Agreement as of the date first set fortIAv. above. �w44 • �k �'�Ml�I BY: '- TITM• - Mayor- BY: ayor_ BY• A Valerie Whit ran Acting C ty clork on b&.al.f of Mary E. vv x= a Michigan corporation Ciba irvine c cur .ity t BY: C. Keith Greer TIM: Vjce President and Gen=l ; I�ianagex Irvin Cmut0. nity Builders BY- Dayne W. Stiles TITLE: Assistant Secret.--.- The ecret- . 'Ihe Irvine Company RIGHT OF ENTRY AND MEMORANDUM OF UNDERSTANDING JAMBOREE ROAD - BARRANCA PARKWAY TO EDINGER AVENUE This Right of Entry and Memorandum of Understanding ("Agree- ment") ir, made and entered as of this 21st day of August , 1989, by and between the City of Tustin ("Tustin") and The Irvine Company, a Michigan corporation ("Company") . WHEREAS, City of Irvine ("Irvine"), Tustin and Company have previously entered into an agreement to construct a now roadway (Jamboree between Barranca Parkway and Edinger Avenue); WHEREAS, Company will convey certain land described more specif- ically on Exhibits "A" and "B" (The "Jamboree Right -of -Way") required for the project as part of Company's funding contribution; WHEREAS, Tustin and Irvine have applied to the Federal Highways Administration (FNA) for qualification of they Jamboree Right -of -Way for federal aid funding; WHEREAS, Tustin, Irvine, and Company desira tr expedite con- struction, and to proceed in advance of final Right -of -Way conveyance; and WHEREAS, Tustin is lead agency for construction of the Project. NOW, THEREFORE, in considaretion of the above recitals and of tho other rn2tEers provided herein, Tustin and Company agroo as follows: 1. Entry permit. Company hereby grants permission to Tustin, Its representatives, agents and assigns, to enter upon the Jamboree Road Right -of -Way subject to the following terms and conditions: I perbe wlll be for construct. _ or improve - A. The purpose of this A • � all necessary work � improvements and accompl+sh�ng . ` it of public highway incident thereto. ' ed to the Jamboree Road Rig�A-of•WaY g, This entry Permit is limited , described on Exhibits "A" and "g"• be effective from the date of execution C. This entry permit shall of the of the portions of this Agreement until the conveyance" from "Company or the terms to Tustin and Irvine, " ri hts•of-way for Jamboree R°adr'nation of this agreement g within their respective jurisdiction, f Para graph 2 below., whichever first occurs, pursuant to the terms o an shall not be liabIQ to Tustin for any damage of any D. company t• an belonging to or used by Tustin or kind whatsoevor to the property uncle* this permit, entering upon the Jamboree Road right-of-way � any kind _ persons nr for injury • loss of use of any such Property., .ntlud+n9 Upon the Jamboree P nad right-of-way Dever to any Person entering p whets cause N,hats�.�ver, and Tustin hereby under . this permit, arising from any rees to demands rotating thereto. Tustin ag • waives all claims and .• officer:, and its employe®, indemnify, defend, 'and hold Company its and their respective shareholders, agents and representatives, and shat "indemnities") harmless from and coliect+vely, the,� -� expenses. successors and assigns ( liabilities, costs and all claims, losses, 1 against any the "Claims") for damagQ to real. lulling �,ttorney•s fees CcoilectivelY• loss of use of any inc including a! tangible or intangible Property, n-.0 disc ase or death person s �ci�. and all claims for, bodily Injury, an entry upon th• such property,or in any way caused by Y of any person, arising from permit by Tustin -of-way er activity under this Jamboree Road right or othnd representatives, or its em;, ms =,Yeet ► officer*,. agents, a E. No person shall sell or otherwise provide any tickets, food, beverages, or other items to anyone who Is not directly affiliated with, or a personal guest of, Tustin or its contractor. Furthermor(# , - no person shall sell, serve, distribute, or give any alcoholic beverages to anyone un- less specifically agreed to in writing by the Company. F. The parties acknowledge that Tustin is partially self-insured and that Company shall require no further documentation or proof of Insurance in connection with this permit. • Z. Termination. In the event that Tustin does not advertise the Jamboree Road Project (the "Project") by December 31, 1989, and award a contract to construct the Project within six (6) months from the date. this Agreement is executed , then this Agreement shall be of no further effect and all rights granted either party hereunder shall be terminate I. .3. Advertisement of Pro'ect. Tustin agrees to use 1.13 bast efforts to advertise project for construction no later than November 15, 1989. However, this Agreement creates no obligation on the City of Tustin to advertise the Project for bids in the absence of all necessary approvals and permits. 4. Condition of Property. Company has no duty to inspect the Jamboree Road r'ght-of-way and no duty to warn any person of any latent or patent defect, condition or risk that might be incurred -' the exercise of the rights granted herein. Tustin has inspected or Wit inspect the Jamboree Road right-of-way and will accept such Property n "as is" con - dation. 5. other Agreements. This Agreement does not jiter or modify s ny obligations atio of Tustin or Company as identified in previous agreements. IN WITNESS WHEREOF, the parties have executed this Agreement as F the date first set forth above$ CITY OF TUSTIN THE IRVINE COMPANY, a Michigan corporation, dba. Irvine Community Bui l d!r.s BY: C. Keith Greer Ursula E. Kennedy • T tie-Ylce President and General Manager Tale. Mayor Irvine Community Builders By: �'1'`e� C. By: Mary E. n eSti les Title City clerk Titin is tant Secretary The Irvine Company • . �� 1 RKE CITY ATTORNEY