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CC - Item 4F - Approval of a Lease Agreement with San Gabriel County Water District for Sally Tanner ParkROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: JULY 25, 2023 SUBJECT: APPROVAL OF A LEASE AGREEMENT WITH SAN GABRIEL COUNTY WATER DISTRICT FOR SALLY TANNER PARK The City Council will consider a lease agreement for the operation and maintenance of Sally Tanner Park. The most recent lease agreement between the City and the San Gabriel County Water District is set to expire on July 31, 2023. Staff recommends that the City Council approve the 10 -year lease with the San Gabriel County Water District and authorize the City Manager to execute the agreement. A lease agreement for Sally Tanner Park has existed between the City and the San Gabriel County Water District has existed since April 13, 1966. The leased property is located at 8343 Mission Drive, Rosemead, CA 91770, which is on the corner of Mission Drive and Delta Ave. Sally Tanner Park consists of a picnic shelter, playground, and restrooms. The term of the lease agreement shall be for ten (10) years commencing on July 31, 2033. The City may construct operation improvements as deemed necessary to operate a public park. The City is responsible for the cost of the maintenance and utilities of the property. STAFF RECOMMENDATION Staff recommends that the City Council approve the lease agreement with the San Gabriel County Water District and authorize the City Manager to execute the agreement. FISCAL IMPACT The cost of the lease is an annual cost of $1.00. The Fiscal Year 2023-24 budget has funds in the Parks and Recreation Account 101-4005-5387. AGENDA ITEM 4.F City Council Meeting July 25, 2023 Page 2 of 2 STRATEGIC PLAN IMPACT The project is consistent with the Strategic Plan's, Goal D: Parks and Programs. Providing green space for recreational opportunities. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification. Submitted by: Tom Boecking Director of Parks & Recreation Attachment A: Lease Agreement Attachment B: Previous Lease Agreements Attachment A Lease Agreement LEASE AND AGREEMENT As of July 31, 2023, San Gabriel County Water District, hereinafter lessor, and City of Rosemead, hereinafter lessee, agree as follows: Section 1. Purpose Lessor owns real property, hereinafter demised premises, currently surplus to lessor's needs. Lessee desires to rent the demised premises from the lessor as set forth herein. Section 2. Description of Premises Lessor hereby leases to lessee, and lessee hereby leases from lessor, the demised premises, more particularly described on Exhibit "A" attached hereto and hereby incorporated by this reference. Section 3. Term The term of this lease is 10 years commencing on August 1, 2023 and terminating 10 years thereafter. Section 4. Consideration Lessee shall pay rent in the amount of $1.00 per year. Section 5. Use The demised premises shall be used by the lessee as a public park and for no other purpose. Section 6. Improvements Lessee may construct operation improvements to the demised premises necessary to operate a public park. Plans and specifications for alterations shall be reviewed by lessor at least thirty days before commencement of work. Section 7. Maintenance Lessee shall maintain the demised premises during the term of this lease. Section 8. Utilities Lessor shall provide water reasonably necessary for the operation and maintenance of the demised premises as a public park. Lessee shall obtain and pay for all other utility services. Section 9. Indemnification Lessee shall save and hold lessor, its officers, agents, and employees, free and harmless from any and all liability, costs or damages, including attorney's fees, arising out of any act or employees arising out of or in any way connected with lessee's use of occupancy of the demised premises. Lessee shall list lessor as additionally insured on insurance certificate. Section 10. Assignment Lessee shall not assign this Lease of sublease the demised premises, or any right or Privilege connected therewith, without having first obtained lessor's written consent which Consent may be withheld in the lessor's absolute discretion. Lessee's unauthorized assignment Or sublease shall be void and shall terminate this lease at lessor's option. Lessee's interest in this Lease is not assignable by operation of law. Section IL Lessor's Remedies on Lessee's Breach If lessee breaches this Lease, lessor shall have the following right and remedies: (a) Lessor may exercise such rights and remedies as are provided for by law. (b) Lessor may recover from lessee on terminating the Lease for lessee's breach all Damages proximately resulting from the breach, including the cost of recovering the demised Premises. Section 12. Attorney's Fees The prevailing party shall be entitled to reasonable attorney's fees in the event litigation is necessary to enforce the provisions of this Lease and Agreement. Section 13. Warranties Any of the items required to be maintained and repaired by lessee under the provision herein are protected by warranties or guaranties, lessor shall be entitled to the full benefit of such protection as if it were the original purchaser thereof. Section 14. Notices Notices given pursuant to the provisions of this Lease, or necessary to carry out its provisions, shall be in writing and delivered personally to the person to whom the notice is to be given, or mailed postage prepaid, addressed to such person. Lessor's and lessee's addresses for this purpose shall be: Lessee: Attention: Ben Kim The City of Rosemead 8838 E. Valley Blvd Rosemead, Ca 91770 Lessor: Attention James Prior San Gabriel County Water District 8366 Grand Avenue Rosemead, Ca 91770 Section 15. Waiver Lessor's waiver of breach of any term, covenant or condition of this Lease is not a waiver of breach of others nor of subsequent breach of that waived. Lessor's acceptance of rent installments after breach is not a waiver of the breach, except to the extent that such installment or installments are accepted. Section 16. Inurement This Lease and its terms, covenants and conditions apply to and are binding upon and inure to the heirs, successors, executors, administrators and assigns of the parties hereto. Section 17. Time of Essence Time is of the essence herein. Section 18. Option to Modify Premises Upon the giving of thirty days prior written notice to lessee, lessor may reduce the area of demised premises by approximately 100' x 100' square feet at the Northeast corner of the property if the lessor determines it is necessary to provide good and adequate water services to lessor's customers. If the area of the demised premises is reduced, lessor shall cause existing fencing to be relocated to conform the new boundary, but lessor shall not be obliged to restore or replace any other improvements upon the premises. THE PARTIES HAVE CAUSED THIS LEASE AND AGREEMENT TO BE EXECUTED AS OF THE DATE WRITTEN FIRST ABOVE. APPROVED: SAN GABRIEL COUNTY WATER DISTRICT IC ATTEST: Treasurer District Counsel General Manager CITY OF ROSEMEAD m ATTEST: City Clerk APPROVED AS TO FORM: City Attorney City Manager Attachment B Previous Lease Agreements Association of California Water Agencies 1 Joint Powers Insurance Authority P.O. Box 619082, Roseville, CA 95661-9082 CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE COVERAGE OOCU ME NT. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS LISTED HEREIN, MEMBER San Gabriel County Water District P.O. Box 2227 San Gabriel, CA 91778-2227 COVERAGE INFORMATION This is to certify that coverage documents listed herein have been issued to the Member Agency herein for the Coverage period indicated. Not withstanding any requirement, term or condition of any contract or other document with respectto which the certificate maybe issued or may pertain, the coverage afforded by the coverage documents listed herein is subject to all the terms, conditions and extousions of such coverage documents. Type of Coverage Certificate C Effective Date Expiration Date Limits _ General Liability Commerciat General Liability Contractual Liability ProductsfCompleted Operations Occurrence Auto Liability Owned Aulos Hired Autos Non -Owned Autos Auto Physical Damage Scheduled Autos Hired Autos Property Special Form Mobile Equipment Boiler and Machinery CTIi Workers' Compensation MOVVCBEL-070114 7(112014 7/1/2015 m Coverage A - Workers' Comp. Per Accident Statutory Limits I?1 Coverage B- Employer's Liability Per Accident $2,000,000 DESCRIPTION Regarding services provided by the District. CERTIFICATE HOLDER CANCELLATION Should any of the coverage documents herein be cancelled before the expiration date thereof. ACWA/JPIA RECEIVED will aReeavor W Provide 30 days written notice to the CITY OF NOSEti!!AO certificate holder named herein. City of Rosemead P.O. Box 399 JUN 10 2014 AUTHORIZED REPRESENTATIVE DATE Rosemead, CA 91770 �' 1 6/4/2014 CITY CLERK'SOFFIrs tif'� `•�^� 9y: LEASE AND AGREEMENT As of July 31, 2013, San Gabriel County Water District, hereinafter lessor, and City of Rosemead, hereinafter lessee, agree as follows: Section 1. Purpose Lessor owns real property, hereinafter demised premises, currently surplus to lessor's needs. Lessee desires to rent the demised premises from the lessor as set forth herein. Section 2. Description of Premises Lessor hereby leases to lessee, and lessee hereby leases from lessor, the demised premises, more particularly described on Exhibit "A" attached hereto and hereby incorporated by this reference. Section 3. Term The term of this lease is 10 years commencing on August 1, 2013 and terminating 10 years thereafter. Section 4. Consideration Lessee shall pay lessor rent in the amount of $1.00 per year. Section 5. Use The demised premises shall be used by the lessee as a public park and for no other purpose. Section 6. Improvements Lessee may construct operation improvements to the demised premises necessary to operate a public park. Plans and specifications for alterations shall be reviewed by lessor at least thirty days before commencement of work. Section 7. Maintenance Lessee shall maintain the demised premises during the term of this lease. Section 8. Utilities Lessor shall provide water reasonably necessary for the operation and maintenance of the demised premises as a public park Lessee shall obtain and pay for all other utility services. Section 9. Indemnification Lessee shall save and hold lessor, its officers, agents, and employees, free and harmless from any and all liability, costs or damages, including attorney's fees, arising out of any act or omission to act, including any negligent act or omission to act, by lessee, its officers, agents, or employees arising out of or in any way connected with lessee's use or occupancy of the demised premises. Lesee shall list lessor as additionally insured on insurance certificate. Section 10. Assignment Lessee shall not assign this Lease or sublease the demised premises, or any right or privilege connected therewith, without having first obtained lessor's written consent which consent may be withheld in the lessor's absolute discretion. Lessee's unauthorized assignment or sublease shall be void and shall terminate this Lease at lessor's option. Lessee's interest in this Lease is not assignable by operation of law. Section 11. Lessor's Remedies on Lessee's Breach If lessee breaches this Lease, lessor shall have the following rights and remedies: (a) Lessor may exercise such rights and remedies as are provided for by law. (b) Lessor may recover from lessee on terminating the Lease for lessee's breach all damages proximately resulting from the breach, including the cost of recovering the demised premises. Section 12. Attorney's Fees The prevailing party shall recover reasonable attorney's fees in the event litigation is necessary to enforce the provisions of this Lease and Agreement. 2 Section 13. Warranties Any of the items required to be maintained and repaired by lessee under the provision herein are protected by warranties or guaranties, lessor shall be entitled to the full benefit of such protection as if it were the original purchaser thereof. Section 14. Notices Notices given pursuant to the provisions of this Lease, or necessary to carry out its provisions, shall be in writing and delivered personally to the person to whom the notice is to be given, or mailed postage prepaid, addressed to such person. Lessor's and lessee's addresses for this purpose shall be: Lessee: Attention: Polly Low The City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 Lessor: Attention: Barbara A. Carrera San Gabriel County Water District 8366 Grand Avenue Rosemead, CA 91770 Section 15. Waiver Lessor's waiver of breach of any term, covenant or condition of this Lease is not a waiver of breach of others nor of subsequent breach of that waived. Lessor's acceptance of rent installments after breach is not a waiver of the breach, except to the extent that such installment or installments are accepted. Section 16. Inurement This Lease and its terms, covenants and conditions apply to and are binding upon and inure to the heirs, successors, executors, administrators and assigns of the parties hereto. Section 17. Time of Essence Time is of the essence herein. K Section 18. Option to Modify Premises Upon the giving of thirty days prior written notice to lessee, lessor may reduce the area of demised premises by approximately 100' x 100' square feet at the Northeast comer of the property if the lessor determines it is necessary to provide good and adequate water services to lessor's customers. If the area of the demised premises is reduced, lessor shall cause existing fencing to be relocated to conform to the new boundary, but lessor shall not be obliged to restore or replace any other improvements upon the premises. rd THE PARTIES HAVE CAUSED THIS LEASE AND AGREEMENT TO BE EXECUTED AS OF THE DATE WRITTEN FIRST ABOVE. APPROVED: SAN GABRIEL COUNTY WATER DISTRICT By 4"d, d General Manager ATTEST: Treasurer APPROVED AS TO FORM: District Counsel CITY OF ROSEMEAD By May ATTEST: i Ci y Clerk APPROVED AS TO FORM: City ney 10/1(3/2012 10:08 6262878524 SAN GABRIEL CWD U „ � / PAGE 02/02 Association of California Water Agencies I Joint Powers Insurance Authority P.O. Box 619082, Roseville, CA 98661-W2 CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE COVERAGE DOCUMENT. THIS CERTIFTCATE DOES NOT AMEND, 17frEND OR ALTER THE COVERAGF AFFORDED 9Y THE COVERAGE DOCUMEWS LISTED HEREIN. RECEIVED MEMBUR San Gabriel County Water Distinct JUN 1 1 2012 P.O. Box 2227 San Gabriel, CA 91778-=7 SAN GABREL COUNTY WATER DI6TRICT COVERAGE INFORMATION This Is m ceraly that coverage documents; listed herein have bean Issued to the Member Agermy herein Iodise Core -rage period Indicated. Nuly0arlandlne'ady requlramant, tern or condllion oferry mnirect or other dacumenl WWI respect W WI ftosrIllicedBrney be Issued or may pedalo, the coversp afforded by cite covarage docunents listed herein Is,subfect to all the telrru, ccrMldens and excl dons of such m rage doaenents, of Coverace Certificate 4 Effective DOW Exioiradom D m ` �' { ./ :�� d*Ir General Liability Commercial General Liability`t- , I .c '7•' ",_ ; �.,, ;:'-v`,. Contractual Liability Products/Completed Operations F, r' 2012 l L Occurrence I Auto Liability 'rF —�—. Owned Autos Hired Autos Non -Owned Autos Auto Physical Damage 4111iiam Scheduled Autos 01 Hired Autos Property Speclal Form Mobile EgWpment Boller and Machinery Crime WOrkers'Comper"lon MOWCAEL-070112 7/1/2012 7/1/2013 Ed coverage A - Workari Comp. Per AcoldtlrR Statutory Limits fZ Coverage B- Employer'a Liability Per Accident 32,000,000 DESCRIPTION Regarding services provided by the District. CERTIFICATE HOLDER CANCELLATION Should any of the oovomp documents herehi be woo" d before the explrsdon date thereof. ACWAJJPIA wlti aedawmr4o provide 30 days written notice to the Certiae6M heidar named herdln. City of Rosemead P.O. Box 399 AUTHORIZED REPR61111fATIVE DATE Rosemead, CA 91770 67/2012 Association of California Water Agencies / Joint Powers Insurance Authority P.O. Box 619082, Roseville, CA 95661-9082 CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE COVERAGE DOCUMENT, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS LISTED HEREIN. MEMBER San Gabriel County Water District P.O. Box 2227 San Gabriel, CA 91778-2227 COVERAGE INFORMATION This is to certify that coverage documents listed herein have been issued to the Member Agency herein for the Coverage period indicated. Not withstanding any requirement, tens or condition of any contract or other document with respect to which the certificate may be issued or may pertain, the coverage afforded by the coverage documents listed herein is subject to all the terms, conditions and exclusions of sgch coverage documents. Type of Coverage Certificate N Effective Date Expiration Date Limits General Liability MOLC-100112 10/1/2012 10/1/2013 Aggregate $1,000,000 0 Commercial General Liability Per Occurrence $500,000 0 Contractual Liability 0 Products/Completed Operations 0 Occurrence Auto Liability MOLC-100112 10/1/2012 10/1/2013 Per Occurrence $500,000 0 Owned Autos H Hired Autos 0 Non -Owned Autos Auto Physical Damage Scheduled Autos Hired Autos Property Special Form Mobile Equipment Boiler and Machinery Crime Workers' Compensation Coverage A - Workers' Comp. E_ Coverage B - Employer's Liability DESCRIPTION The Certificate Holder has been added as an Additional Covered Party to the Liability Program, but solely with respect to those causes of action arising directly out of services provided at various locations. CERTIFICATE HOLDER CANCELLATION Should any of the coverage documents herein be cancelled before the expiration date thereof, ACWA/JPIA Will eadOWOF Is provide 30 days written notice to the certificate holder named herein. City of Rosemead P.O. Bax 339 AUTHORIZED REP%ENTATIVE DATE Rosemead, CA 91770 f 8/14/2012 ADDENDUM to the Memorandum of Liability Coverage MEMBER: COVERAGE PERIOD: ADDENDUM DATE: for the ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY San Gabriel County Water District 10/1/2012 -10/11/2013 1011/2012 ADDENDUM NUMBER: 1 Change in WHO IS COVERED The following entity is hereby added as an Additional Covered Party: City of Rosemead, but solely with respect to those causes of action arising directly out of services provided at various locations and subject to $500,000 per occurrence and $1,000,000 annual aggregate limit of liability. Signed By: ! Date: 8/14/2012 (Auth r zed Repres nt tive) Association of California Water Agencies / Joint Powers Insurance Authority 5620 Birdcage Street, Suite 200, Citrus Heights, CA 95610 • CERTIFICATE OF COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AN(LCONEE E CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE COVERAGE DOCUMENT. TATE'DOES7J A�1EN O ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS LISTED HEREIN. 1 $d 'F'1 : !�I } , `�/ u 7 • MEMBER , -t,_ San Gabriel County Water District AUG P.O. Box 2227 San Gabriel, CA 91778-2227 C1'ry SOF Stiff—.�..M— COVERAGE INFORMATION This is to certify that coverage documents listed herein have been Issued to the Member Agency herein for the Coverage period indicated. Not withstanding any requirement, term or condition of any contract or other document with respect to which the certificate may be issued or may pertain, the coverage afforded by the coverage documents listed herein, is subject to all the terms, conditions and exclusions of such coverage documents. Type of Coverage Certificate # Effective Date Expiration Date Links General Liability MOLC-100110 10/1/2010 10/1/2011 Aggregate $1,000,000 0 Commercial General Liability Per Occurrence $500,000 0 Contractual Liability 0 Products/Completed Operations 0 Occurrence Auto Liability MOLC-100110 10/1/2010 10/1/2011 Per Occurrence $500,000 0 Owned Autos 0 Hired Autos 0 Non -Owned Autos Auto Physical Damage Scheduled Autos Hired Autos Property Special Form Mobile Equipment Boiler and Machinery Crime Workers' Compensation Coverage A - Workers' Comp. Coverage B - Employer's Liability DESCRIPTION The Certificate Holder has been added as an Additional Covered Party to the Liability Program, but solely with respect to those causes of action arising directly out of services provided at various locations. CERTIFICATE HOLDER CANCELLATION Should any of the coverage documents herein be cancelled before the expiration date thereof, ACWA/JPIA will endeaweF 10 provide 30 days written notice to the certificate holder named herein. City of Rosemead P.O. Box 339 AUTHORIZED REPRESENTATIVE DATE Rosemead, CA 91770 tJffc r '-S' j 8/11/2010 OPERATIONS AND MAINTENANCE AGREEMENT (Recycled Water Facilities Construction, Installation and Maintenance) (City of Rosemead — Upper San Gabriel Valley Municipal Water District) THIS OPERATIONS AND MAINTENANCE AGREEMENT ("Agreement') is made and entered into on this '34-�'l day of 2009, (the "Effective Date") by and between the City of Rosemead, a municipal corporation ("City") and Upper San Gabriel Valley Municipal Water District, a municipal water district ("District"). WHEREAS, District is a special district organized under the Municipal Water District Law of 1911 (hereinafter, the "Municipal Water District Law") (Water Code Section 71000 et seg.); and WHEREAS, District's public/governmental purposes, including, the provision of recycled water to communities within its jurisdiction; and WHEREAS, District's territorial jurisdiction includes the City of Rosemead; and WHEREAS, Section 71695 of the Municipal Water District Law provides, among other things, that District may construct works along and across any street or highway, provide that such works shall be constructed in such manner as to afford security for life and property and provided the district restores crossings and intersections to their former state as near as may be, or in a manner so as not to have unnecessarily impaired their usefulness; and WHEREAS, Section 71697(a) of the Municipal Water District Law further provides that District may locate, construct and maintain District's works along and across any street or public highway; and WHEREAS, Section 71697(b) of the Municipal Water District Law further provides that notwithstanding any other provision of the Government Code, building ordinances, zoning ordinances and any other local ordinances, rules and regulations of a city or other political subdivision of the state shall not apply to the location, construction or maintenance of facilities or services related to development pursuant to Water Code Section 71687; and WHEREAS, District seeks to construct and install certain facilities within the City of Rosemead in the furtherance of its public/governmental duties, to wit, pipeline facilities for the purpose of transportation recycled water into the City of Rosemead for use by Rosemead recycled water consumers; and WHEREAS, the construction of the contemplated recycled water facilities will help mitigate the impacts of increasing water scarcity and reduce the City's reliance upon costly imported water from outside of the Los Angeles region; and WHEREAS, District recognizes the need to coordinate its construction and installation undertaking with the City of Rosemead so as to maximize public safety; minimize any inconvenience caused to the public during the construction and installation process and so as to best restore any roadway infrastructure to City specifications and standards. NOW THEREFORE, District and City agree as follows: ARTICLE 1. OPERATING CONDITIONS. 1.1 Contemplated Facilities: The works to be installed by District are depicted and generally described in Exhibit "A" which is attached and incorporated hereto by this reference. For purposes of this Agreement, said facilities shall hereinafter be referred to collectively by the capitalized term "Facilities." The Facilities shall be installed at the location(s) described and depicted in Exhibit "B" to this Agreement. For purposes of this Agreement, said location(s) shall hereinafter be referred to collectively as the "Project Sites". The term "Project Site" shall be a general reference to any one of the "Project Sites". For purposes of this Agreement the entire construction and installation undertaking contemplated herein may hereinafter be referred to as the "Project". 1.2 Statutory Franchise: The parties acknowledge and agree that District is the holder of a statutory franchise under the Municipal Water District Law and pursuant to the same District may: (a) construct works along and across any street, avenue or highway within the territorial jurisdiction of City; and (b) locate, construct and maintain District's works along and across any street or public highway within the City. The parties further acknowledge and agree that pursuant to the Municipal Water District Law, City's building ordinances, zoning ordinances and other ordinances, rules and regulations shall not apply to the location, construction or maintenance of facilities or services of District related to development pursuant to Water Code Section 71697. 1.3 (a) Encroachment Permit Submissions: Sections 1.1 and 1.2 of this Agreement notwithstanding, District recognizes the importance of coordinating its construction effort and ongoing maintenance duties with City in the interest of safeguarding the public safety, minimizing inconvenience to the public and safeguarding the quality and integrity of City's right-of-way infrastructure. In the furtherance of the foregoing, District shall be required to procure from City an Encroachment Permit as contemplated under Chapter 12.04 (Streets and Sidewalks Generally) of the Rosemead Municipal. As a condition to the City's issuance of an Encroachment Permit to District, District shall submit the following to City: 1. a traffic control plan that describes those measures District or its agents shall undertake to safely facilitate the flow of traffic in the immediate areas were work will be performed; 2. engineering drawings, plans and specifications for the contemplated Facilities; 3. a performance and operations schedule for the completion of the various tasks associated with the overall completion of the construction and installation of the Facilities upon the Project Sites (hereinafter, the "Master Construction and Operations Schedule"). The Master Construction and Operations Schedule shall also include the days and hours upon which construction and installation activities will be conducted; 4. an emergency contact list containing the name, address, telephone number and fax 2 number of the person(s) responsible for responding to emergencies during constructions and after construction hours; and District's proposed Master Construction and Operations Schedule. District shall only be required to obtain one encroachment permit covering all of the Project Sites. In recognition of District's statutory franchise to construct and install certain works of improvement for the transportation of water, City shall waive all encroachment pemtit fees or charges that might ordinarily be required for type of undertaking contemplated under this Agreement. City shall not unreasonable withhold its approval of District's encroachment permit and City shall act on the permit within fourteen (14) calendar days of District's submission of a completed encroachment permit application and all required document submittals. City's failure to act on District's encroachment permit application within the 14 -day review period shall be deemed an approval of the encroachment permit. (b) Master Construction and Operations Schedule Construction Effort Parameters: The Master Construction and Operations Schedule shall indicate the estimated completion date for the entire construction and installation undertaking contemplated under this Agreement as well as the estimated completion date for each phase of construction. District's construction and installation activities shall be conducted during those hours and those days indicated in the Master Construction and Operations Schedule. Except as otherwise approved by the City's traffic engineer in his or her reasonable discretion, the Master Construction and Operations Schedule shall be subject to the following general restrictions: Construction activities shall be conducted Monday through Friday, 6:00 A.M. to 7:00 P.M.; 2. District shall use its best efforts to coordinate its construction and installation activities with other public utilities. City shall provide District with any and all construction schedules for City utilities or any other public utility entities when such information becomes available; and With respect to construction and installation activities on Garvey Avenue between Rosemead Boulevard and Earle Avenue (the "Garvey Segment"), District shall complete the construction, installation and laying of recycled water pipelines and related appurtenances before December 1, 2009 and shall place a temporary cap upon the encroached roadway so as to permit the normal ingress and egress of persons and motor vehicles through the Garvey Segment from December 1, 2009 to January 2, 2010 — the period within which the Garvey Segment must be kept free and clear of construction activity. After January 2, 2010 (as indicated in the Master Construction and Operations Schedule) District shall return to the Garvey Segment to complete the full asphalt restoration of the roadway. (c) No Fees or Charges: In recognition of District's statutory franchise, District shall not be required to pay City fees or charges ordinarily associated with the construction or installation of works in the public right-of-way by non-public agency entities. 1.4. Construction Status Reports: During the course of the construction period as set forth in 3 the Master Construction and Operations Schedule, District or its agents shall provide City with weekly status reports which identify those construction tasks that have been completed and those construction tasks to be undertaken during the following week(s), the location of the undertaking. 1.5 Routine Maintenance and Inspection of Facilities; Emergency Maintenance: (a) Following the completion of the Facilities, District shall have ongoing authority to conduct routine maintenance of its Facilities, provided however, that District shall provide City with no less than fourteen (14) calendar days prior written notice before District conducts any such routine maintenance and provided that District shall comply with all warning, safety and traffic control requirements of the City during the conduct of any such maintenance. This Agreement shall govern any temporary maintenance encroachments required by District to perform ongoing maintenance or inspection of the Facilities and District shall not be required to obtain a separate or additional encroachment permit to conduct such routine maintenance. District shall use its best efforts to avoid the scheduling of routine maintenance or inspection work on Garvey Avenue between November 15th and January 2nd of each year. (b) Paragraph (a) of this Section notwithstanding, District may perform emergency maintenance upon the Facilities immediately upon written notice to City. The foregoing notwithstanding, District and City shall cooperate in good faith to coordinate emergency response efforts with the aim of quickly eliminating and/or mitigating the emergency condition so as to minimize injury to persons and/or damage to property. For purposes of this Agreement, "emergency maintenance" means unscheduled maintenance required correct or mitigate a sudden and/or unexpected condition which threatens the public health, safety or both; or which otherwise threatens damage to property, including, but not limited to City infrastructure or the Facilities themselves. 1.6 (a) General Restoration of Right -of -Way: The work of laying, constructing, maintaining, operating, renewing, repairing, changing and moving any of the Facilities and all other works in exercise of District's statutory franchise shall be performed in compliance with all applicable provisions of the City's Municipal Code pertaining to street excavations and restoration, and other applicable laws and shall be conducted with the least possible hindrance or interference to the use of City roads by the public or by the City of Rosemead. District shall provide all necessary warning, safety and traffic control devices as are or may be required by City, County, State or Federal regulations. (b) Standard and Scope of Restoration Effort: All excavations undertaken by District shall be back filled and adequately compacted in accordance with City's duly approved standards and specifications. The surface of City roads shall be placed -in as good and serviceable condition as the latest edition of Standard Plans and Specifications for Public Works Construction and City's Standard Plans to the reasonable satisfaction of the City Engineer. District shall also restore all median hardscapes, landscaping and/or irrigation systems to their original condition to the extent that any damage caused to such improvements is attributable to District's excavation and/or encroachment upon the right-of-way as contemplated under this Agreement. (c) Restoration Timing: District shall complete each phase of the construction and installation undertaking within the time period(s) indicated in the Master Construction and Operations Schedule. 4 ARTICLE 2 INDEMNIFICATION AND HAZARDOUS MATERIALS. 2.1 Indemnification. District shall indemnify, defend and hold harmless City, its officials, officers, agents and employees (collectively the "Indemnified Parties"), from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, liens, penalties, costs and expenses, including reasonable attomeys' fees (collectively "Claims"), arising from or connected with District's use of the Project Sites. In case any action or proceeding is brought against the Indemnified Parties by reason of any of the matters against which District has agreed to indemnify City pursuant to this Article, District, upon notice from an Indemnified Party, shall defend the Indemnified Parties at District's sole cost and expense by counsel chosen by City. The Indemnified Parties need not have first paid any of the foregoing Claims as to which they are entitled to indemnity in order to be so indemnified. District's indemnity obligations hereunder shall not extend to Claims resulting from the gross negligence or intentional misconduct or illegal actions of the Indemnified Parties. 2.2 Hazardous Substance. (a) For purposes of this Agreement, the term "Hazardous Substance" means: (i) any substance, product, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the California Hazardous Substance Account Act, Health and Safety Code Section 25330 et seq.; the Califomia Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter - Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the above- cited Califomia state statutes are hereinafter collectively referred to as "the State Toxic Substances Laws"); or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance, now or at any time hereafter in effect; (ii) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (iii) petroleum or crude oil other than petroleum and petroleum products which are contained within regularly operated motor vehicles; and (iv) asbestos. City makes no warranty or representation whatsoever conceming the Project Sites, including without limitation, the condition, fitness or utility for any purpose thereof, any improvements thereto or personal property located thereon, or compliance thereof with applicable laws, ordinances or governmental regulations; and the District's right to use Property is strictly "as is," with all faults; and City hereby disclaims all other warranties whatsoever, express or implied, the condition of the soil (or water), geology, and any warranty of merchantability or habitability or fitness for a particular purpose. E (b) Except as otherwise permitted in this Agreement, District shall not use, create, store or allow any Hazardous Substances on the premises. Fuel and other Hazardous Substances stored in a motor vehicle for the exclusive operation of such vehicle and storage batteries used for emergency power are excepted. (c) In no case shall District cause or allow the deposit or disposal of any such Hazardous Substances on Property. (d) No underground storage tanks shall be installed. (e) City or its officers, employees, contractors or agents shall at all times have the right to go upon and inspect the Project Sites and the operations conducted thereon to assure compliance with the requirements herein stated. This inspection may include taking samples for chemical analysis of substances and materials present and/or testing soils on the Project Sites and taking photographs. (f) District shall, within reasonable time, either prior to the release by District or following the discovery by District of the presence of, or believed presence of, a Hazardous Substance as defined herein, give written notice to City in the event that District knows or has reasonable cause to believe that any release of a Hazardous Substance has come or will come to be located on or beneath the Project Sites. The failure to disclose in a timely manner the release of either a material amount of Hazardous Substance or an amount which is required to be reported to a state or local agency pursuant to law (e.g., California's Hazardous Materials Storage and Emergency Response Act, Health and Safety Code Section 25550 et seq.) may subject District to a default under this License in addition to actual damages and other remedies provided by law. District shall immediately clean-up and completely remove all Hazardous Substances placed by District on an Project Site, in a manner that is in all respects safe and in accordance with all applicable laws. (g) District shall disclose to City District's disposal of any Hazardous Substances placed on any of the Project Sites by District and provide written documentation of its safe and legal disposal. (h) District shall be responsible for any cleanup or decontamination on or off Property necessitated by the presence of such Hazardous Substances placed on the Property by District. In the event District later removes its Facilities, such removal shall be performed in accordance with all applicable laws, including laws relating to the property containment and removal of Hazardous Substances if warranted. (i) District shall defend, indemnify and hold City and its officers, employees, contractors or agents harmless from any claims, liability, injury, damage, costs, or expenses (including, without limitation, the cost of attorney's fees) arising out of the release of Hazardous Substances by District's Facilities.. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107, subdivision (e) of CERCLA, 42 United States Code Section 9607, subdivision (e), and to California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify City from any liability created by the District pursuant to such sections. 6 SUBSTANCE. District's Initials: 2.3 The obligations set forth in this Article 2 shall not be limited in any respect by the obligations of Article 3. ARTICLE 3 INSURANCE. Prior to entry upon any of the Project Sites, District or its agents responsible for constructing and installing the Facilities shall procure and maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the District's activities on the Project Sites. The cost of such insurance shall be borne by the District. 3.1 Minimum Scope of Insurance. Coverage shall be at least as broad as: (a) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001 or its equivalent). (b) Workers' Compensation insurance as required by the State of California and Employer's Liability insurance. (c) Automobile Liability insurance. 3.2 Minimum Limits of Insurance District or its agents responsible for constructing and installing the Facilities shall maintain limits no less than: (a) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (b) Employer's Liability: $4,000,000 per accident for bodily injury or disease. (c) Automobile Liability: Combined Single limit coverage of no less than $1,000,000. 3.3 Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, agents, employees and volunteers; or the District shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 09.75.09 Ireration 3.4 Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions: (a) The City, its officers, officials, agents, employees and volunteers are to be covered as additional insureds as respects: liability arising out of the Project Sites. (b) The District's insurance coverage shall be primary insurance as respects the City, its officers, officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, agents, employees or volunteers shall be in excess of the District's insurance and shall not contribute with it. (c) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, agents, employees or volunteers. (d) Coverage shall state that the insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (e) Each insurance policy required by the clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City. (f) Waiver of subrogation clause. 3.5 Acceptability of Insurers. Insurance is to be placed with California admitted insurers with a current A. M. Best's rating of no less than A:VII. 3.6 Verification of Coverage. District or the agents responsible for constructing and installing the Facilities on District's behalf shall furnish the City with certificates of insurance and original endorsements effecting coverage required by this Article. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms approved by the City. All endorsements are to be received and approved by the City before this Agreement commences. As an alternative to the City's forms, the insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. ARTICLE 4. NOTICES. All notices, requests, demands, consents and other communications required or permitted to be given hereunder by one party to the other shall be in writing addressed to the recipient party's Notice Address set forth below and shall be deemed to have been duly given or made (a) if delivered personally to the party at its Notice Address, then as of the date delivered (or if delivery is refused, upon presentation), (b) if sent by Certified Mail to the party's Notice Address, postage prepaid and return receipt requested, then at the time received at the party's Notice Address as evidenced by the return receipt, or (c) if sent by ordinary first class mail, postage prepaid, three (3) business days after deposit in the United States mail. A party may change its Notice Address by a notice given in the 9 foregoing following and manner. All notices will be addressed as follows: CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 Attn: Lucien LeBlanc, City Engineer DISTRICT: USGVMWD 11310 Valley Boulevard El Monte, California 91731 Attn: General Manager ARTICLE 5. PERIOD OF USE; EVENTS OF DEFAULT 5.1 Period of Use. As acknowledged under Section 1.2 of this Agreement, District is the holder of a statutory franchise under the Municipal Water District Law. Accordingly, District's authorization to construct and install the Facilities shall be ongoing for so long as the Municipal Water District Law authorizes District to construct, install and maintain in works in the public right-of-way. The foregoing notwithstanding, District recognizes that the public health, safety and welfare may be greater served by relocated the Facilities or certain portions thereof to facilitate the location or maintenance of other utilities and infrastructure. To this end, District shall use its best efforts to cooperate with City in the possible relocation of certain Facilities if and when City determines that such relocation would serve the public health, safety and welfare. City shall provide District with no less than six (6) months prior written notice of its desire to have certain Facilities relocated and shall coordinate its contemplated construction efforts to reasonably minimize any disturbance to District Facilities. District reserves the right to decline the relocation of certain Facilities where it is demonstrated that other reasonable alternatives that do not require the relocation of District's Facilities are reasonable viable. In the event that District requires more than 6 months to relocate certain Facilities, District may request and City shall not unreasonably decline a request to extend the relocation period by up to 6 additional month. 5.2 Removal or Abandonment of Facilities. If and when District elects to permanently discontinue the use of the Facilities, District shall provide the City Engineer with written notice of the same. Within thirty (30) calendar days after District has provided City with written notice of its intent to discontinue its use of the Facilities or any portion thereof, District shall make a written application to the City Engineer to either: (i) abandon all, or a portion, of such Facilities in place, or (ii) remove all, or a portion, of such Facilities as the City Engineer, in his discretion, shall consider to be appropriate. Such application shall describe the Facilities desired to be abandoned by reference to the as built drawings required by Article 1 of this Agreement and shall also describe with reasonable accuracy the relative physical condition of such Facilities. Thereupon, the City Engineer shall determine whether any abandonment or removal which is thereby proposed may be effected without detriment to the public interest or under what conditions such proposed abandonment or removal may be safely effected and shall then notify the District, according to such requirements as shall be specified in the City Engineer's order, and within ninety (90) days thereafter, to either: (i) remove all or a portion of such Facilities, or (ii) abandon in place all or a portion of such Facilities. If any Facilities to be abandoned in place subject to prescribed conditions shall not be abandoned in accordance with all such conditions, then the City Engineer may make additional appropriate orders, 9 including, if he/she deems desirable, an order that the District shall remove all such Facilities in accordance with applicable requirements. A request of the District to abandon in place any Facilities shall be deemed an offer of transfer of such Facilities to the City and by resolution authorizing District to abandon any Facility in place, the City shall succeed to all right, title and interest of District in said Facilities. Neither any authorization to District to abandon any Facility in place, nor the City's succession to all right, title and interest of District in said Facilities, shall release District from the indemnification provisions of Article 2, which provisions shall survive the termination or expiration of this License. 5.3 Event of Default. In the event either party fails to perform, or adhere to, any applicable duty or obligation set forth under this Agreement (or fails to perform or adhere to any such duty, obligation or standard of conduct at the time, place or manner set forth in this Agreement), an event of default (hereinafter, "Event of Default") shall have occurred. Except as otherwise provided under this Agreement, if an Event of Default remains uncured by the defaulting party for a period in excess of thirty (30) calendar days from the date upon which the non -defaulting party issues notice of default (hereinafter, a "Default Notice") to the defaulting party, then the default shall constitute a breach of this Agreement. If a party is in breach of this Agreement, the non -breaching party may pursue any and all remedies available to it at law or in equity. ARTICLE 6. GENERAL PROVISIONS 6.1 Severability. Any provision of this Agreement that is invalid, illegal or unenforceable shall be ineffective to the extent of such invalidity, illegality or unenforceability without invalidating, diminishing or rendering unenforceable the rights and obligations of the parties under the remaining provisions of this Agreement. 6.2 Amendments. No term or provision of this Agreement may be amended, altered, modified or waived orally or by a course of conduct, but only by an instrument in writing signed by a duly authorized officer or representative of the party against which enforcement of such amendment, alteration, modification or waiver is sought. Any amendment, alteration, modification or waiver shall be for such period and subject to such conditions as shall be specified in the written instrument effecting the same. 6.3 Entire Agreement. This Agreement and all exhibits attached to it or referred to in it constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements (whether written or oral) with respect thereto. 6.4 Time. Time is of the essence of each and every one and all of the promises, covenants, agreements and conditions contained in this Agreement. 6.5 Attorneys' Fees. If either party hereto brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled to reasonable attorneys' fees to be paid by the losing party as fixed by the court. 6.6 Successors and Assignments. This Agreement shall not be transferred without the express written consent of the City, which consent shall not be unreasonably withheld. Any purported transfer or assignment shall not be effective unless and until the District and the transferee/assignee have 10 executed an assignment and assumption agreement in a form acceptable to the City Attorney. Notwithstanding the foregoing, the obligations of this Agreement shall be binding upon all successors and assigns of District and District covenants that it shall provide notice to any successors or assigns of the existence of this Agreement and the obligations hereunder. 6.7 Counterparts. This Agreement shall be executed in two (2) counterparts, each of which shall be deemed, but both of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto, by their duly authorized officers or agents, have executed this Agreement as of the date first set forth above. CITY City of Rosemead AT EST: Gloria Molleda, City Clerk APPROVED AS TO FORM: Josephloontes, Inter' 'City Attorney DISTRICT Upper�San Gab 'el VA(cicipal Water District Name: 71 J Title: Q V VCk/ t` W APPROVED AS TO O E. Clarke Moseley, District General Legal Counsel Exhibit "A" The Rosemead Extension Recycled Water Pipeline Phase 2 Project consists of all materials, labor, tools, equipment, apparatus, facilities, transportation and incidentals necessary to furnish, deliver and install approximately 13,085 linear feet of 12 -inch, 8 -inch, 6 -inch and 4 -inch recycled water pipeline with appurtenances in the public right of way along Garvey Avenue from Rosemead Place to Earle Avenue, north from Garvey Avenue along Earle Avenue to Zapopan Park, north from Garvey Avenue along Willard Avenue to Willard School, south along Walnut Grove Avenue to University of the West, west from Walnut Grove Avenue along the alley between Fern Avenue and Klingerman Street to Temple Intermediate School and Sanchez Elementary School and Jess Gonzales Sports Park, and west from Walnut Grove Avenue along Rush Street to just before Delta Street to Rice Elementary School in the City of Rosemead. The Work shall be executed as CML&C Steel Pipe and appurtenances. Reference: Plans and Specifications dated August 2009 for the Rosemead Extension recycled water Pipeline Phase 2 are located at the USG V M W D's office for review. EXHIBIT `B" The streets upon which District's construction and installation activities shall be conducted are as follows: I. Garvey Avenue between Rosemead Boulevard and Earle Avenue; 2, Walnut Grove Avenue between Garvey Avenue and N. San Gabriel Boulevard; 3. Rush Street between Walnut Grove Avenue and Angelus Avenue; 4. Willard Avenue starting from Garvey Avenue northward just south of Dorothy Street; and 5. Earle Avenue starting from Garvey Avenue northward just south of Dorothy Street. I � nN PFRWtrLai HA I�� o $ Y I� ` ve i:LRAi AYE i, PROJECT s s q 'E� LOCATION ` 7 D z z caw:: AVE 1 p, ° < W s e I I 1 FEB!, *4 e w _ rpYl: [ fE1R 4 i fFA57 _ E EER,, S! 11• •lFA.ut.. AN 5: i l Kin'Lf.Y .'A $f (t,AYE 151 C \ . 1 \ V itiY. i [ FVSe SI A xYse :I , 2 Y Zt`; 3LL< �r 4 6 S � ril r4 0/\0 PROM i Jf� ` � LOCATION MAP GAP«I VkLEf V4 11R B' ©MWH n..ArtR oal«I v RR \RPutf IMO'EXHIBIT 12� nva. . o-:5:. LIQUIDATED DAMAGES ADDENDUM TO OPERATIONS AND MAINTENANCE AGREEMENT (Recycled Water Facilities Construction, Installation and Maintenance) (City of Rosemead — Upper San Gabriel Valley Municipal Water District) THIS LIQUIDATED DAMAGES ADDENDUM ("Addendum") is made and entered into on this 5+11 day of I_-�be_i 2009, (the "Effective Date") by and between the City of Rosemead, a municipal corporation ("City") and Upper San Gabriel Valley Municipal Water District, a municipal water district ("District"). WHEREAS, City and District have executed an agreement entitled "Operations and Maintenance Agreement" of even date herewith (hereinafter, the "Master Agreement") (True and correct copies of the Master Agreement are maintained by both the City and District for inspection and copying as public records); and WHEREAS, the Master Agreement contemplates the construction and installation by District of various pipeline facilities for the conveyance of recycled water for water users located in the City of Rosemead, thereby mitigating increasing water scarcity currently impacting the region (including the City of Rosemead) and reducing the City's reliance upon costly imported water from outside of the Los Angeles region. (The entire construction and installation undertaking contemplated under the Master Agreement may, for purposes of this Addendum, be referred to by use of the capitalized term "Project"); and WHEREAS, the Master -Agreement, among other things, requires that District abide by the terms of a City -approved Master Construction and Operations Schedule which will set forth time frame within which construction and installation of the various recycled water facilities contemplated under the Master Agreement will be completed; and WHEREAS, the purpose of the Master Construction and Operations Schedule is to insure that District and its agents diligently pursue the contemplated construction and installation effort to completion in order minimize the adverse impact such construction will have upon businesses and residents located in the immediate vicinity of the contemplated construction; and WHEREAS, District and City seek to implement an additional enforcement tool designed to further encourage the timely completion of the construction and installation effort NOW THEREFORE, District and City agree as follows: ARTICLE 1. LIQUIDATED DAMAGES. 1.1 Acknowledgement of Impacts due to Untimely Completion of Protect: District and City recognize: (i) that time is of the essence with respect to the construction and installation undertaking contemplated under the Master Agreement; and (ii) that the failure of District's contractors to timely complete the entire construction and installation undertaking contemplated under the Master Agreement will cause undue disruption and disturbance to residents and business located in the vicinity of the 09-24-09 /leralim construction effort. District and City further agree that it would be difficult to quantify the dollar amount of such harm to the City. 1.2 Liquidated Damages: In recognition of the potential harm, referenced under Section 1.1, above, that may be caused to City if the Project is not timely completed, in the event the Project is not fully completed within ten (10) calendar days of the estimated completion date for the entire project as set forth in the City -approved Master Construction and Operations Schedule, District shall pay City liquidated damages in the amount of Eight Hundred Dollars ($800.00) per day for each day District and/or its contractors continue to encroach upon any portion of the public right-of-way, commencing upon the 11th day following the estimated completion date for the entire Project. District shall make payment on any such liquidated damages within sixty (60) calendar days from the actual completion date for the Project from the proceeds of any liquidated damages District collects from its contractors for the untimely completion of the Project. 1.3. Exceptions: Section 1.1 and 1.2 notwithstanding, District shall not be liable to City for liquidated damages as contemplated under Section 1.2, above, to the extent the failure to timely complete the Project is attributable, either in whole or in part, to: (i) The acts or omissions of City or City's officials, officers, employees or agents or any other third party; or (ii) Causes beyond District's reasonable control, including, without limitation; fire or other casualty; inclement weather or weather which otherwise render the performance of work unsafe; weather conditions which would compromise the performance, safety or structural integrity of the Facilities to be constructed or installed; act of God; war or civil disturbance; acts of third parties not within District's reasonable control; or any law, order or requirement of any governmental agency or authority; or (iii) The need to coordinate construction activities with the timing and scheduling requirements of other public agencies or private utilities with improvements and utilities located in the same portion of the right-of-way to be excavated or otherwise encroached upon by District. District shall not be liable to City for liquidated damages where City or City's officials, officers or employees have granted District additional time to complete the Project. District shall notify City of any anticipated or otherwise potential delays as such information becomes available to District and District shall also make use of the weekly reports required under Section 1.4 of the Master Agreement to alert City of potential delays. The parties further acknowledge and agree that the ongoing underground encroachment of District's completed recycled water facilities shall not be considered grounds for the payment of liquidated damages by District to City. 1.4. Time Extensions: City and District shall cooperate in good faith and shall work diligently to address factors within their joint or separate control so as to minimize the potential for delay. City shall also act in good faith to grant District reasonable time extensions or reasonable modifications to the City -approved Master Construction and Operations Schedule in the interest of promoting the timely completion of the overall Project. District shall submit any time extension request or any request for the modification of the City -approved Master Construction and Operations Schedule to City in writing not less than seven (7) calendar days prior to the applicable deadline for completing a 09.24.09 kerarion particular phase of the Project. The request shall identify the cause of the delay and/or the reason for the request; what steps District has already undertaken mitigate the delay; and the amount of additional time required by District. IN WITNESS WHEREOF, the parties hereto, by their duly authorized officers or agents, have executed this Agreement as of the date first set forth above. CITY City of Rosemead By'-- Je Allred, City Manager,z ATTEST: - w a Lw 1 0 jj� Gloria Molleda, City Clerk APPROVED AS TO FORM: Joseph NLoflites, Inter ity Attorney 09-24-09 09-24-09Iteration DISTRICT Upper San Ga el a e unicipal Water District y: Name: 7 e40J 094A Title: Wk/0400,1 APP VED O ORM rpv E. Clarke Moseley, District General Legal Counsel -27-0y LEASE AND AGREEMENT As of July 31, 2003, San Gabriel County Water District, hereinafter lessor, and City of Rosemead, hereinafter lessee, agree as follows: Section 1. Purpose Lessor owns real property, hereinafter demised premises, currently surplus to lessor's needs. Lessee desires to rent the demised premises from the lessor as set forth herein. Section 2. Description of Premises Lessor hereby leases to lessee, and lessee hereby leases from lessor, the demised premises, more particularly described on Exhibit "A" attached hereto and hereby incorporated by this reference. Section 3. Term The term of this lease is 10 years commencing on August 1, 2003 and terminating 10 years thereafter. Section 4. Consideration Lessee shall pay lessor rent in the amount of $1.00 per year. Section 5. Use The demised premises shall be used by the lessee as a public park and for no other purpose. Section 6. Improvements Lessee may construct operation improvements to the demised premises necessary to operate a public park. Plans and specifications for alterations shall be reviewed by lessor at least thirty days before commencement of work. Section 7. Maintenance Lessee shall maintain the demised premises during the term of this lease. 0 • Section 8. Utilities Lessor shall provide water reasonably necessary for the operation and maintenance of the demised premises as a public park. Lessee shall obtain and pay for all other utility services. Section 9. Indemnification Lessee shall save and hold lessor, its officers, agents, and employees, free and harmless from any and all liability, costs or damages, including attorney's fees, arising out of any act or omission to act, including any negligent act or omission to act, by lessee, its officers, agents, or employees arising out of or in any way connected with lessee's use or occupancy of the demised premises. Lesee shall list lessor as additionally insured on insurance certificate. Section 10. Assignment Lessee shall not assign this Lease or sublease the demised premises, or any right or privilege connected therewith, without having first obtained lessors written consent which consent may be withheld in the lessor's absolute discretion. Lessee's unauthorized assignment or sublease shall be void and shall terminate this Lease at lessor's option. Lessee's interest in this Lease is not assignable by operation of law. Section 11. Lessor's Remedies on Lessee's Breach If lessee breaches this Lease, lessor shall have the following rights and remedies: (a) Lessor may exercise such rights and remedies as are provided for by law. (b) Lessor may recover from lessee on terminating the Lease for lessee's breach all damages proximately resulting from the breach, including the cost of recovering the demised premises. Section 12. Attorney's Fees The prevailing party shall recover reasonable attorney's fees in the event litigation is necessary to enforce the provisions of this Lease and Agreement. 4 0 • Section 13. Warranties Any of the items required to be maintained and repaired by lessee under the provision herein are protected by warranties or guaranties, lessor shall be entitled to the full benefit of such protection as if it were the original purchaser thereof. Section 14. Notices Notices given pursuant to the provisions of this Lease, or necessary to carry out its provisions, shall be in writing and delivered personally to the person to whom the notice is to be given, or mailed postage prepaid, addressed to such person. Lessor's and lessee's addresses for this purpose shall be: Lessee: Attention: Joe Vasquez The City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 Lessor: Attention: Charles E. Shaw San Gabriel County Water District 8366 Grand Avenue Rosemead, CA 91770 Section 15. Waiver Lessor's waiver of breach of any term, covenant or condition of this Lease is not a waiver of breach of others nor of subsequent breach of that waived. Lessor's acceptance of rent installments after breach is not a waiver of the breach, except to the extent that such installment or installments are accepted. Section 16. Inurement This Lease and its terms, covenants and conditions apply to and are binding upon and inure to the heirs, successors, executors, administrators and assigns of the parties hereto. Section 17. Time of Essence Time is of the essence herein. 3 Section 18. Option to Modify Premises Upon the giving of thirty days prior written notice to lessee, lessor may reduce the area of demised premises by approximately 100' x 100' square feet at the Northeast comer of the property if the lessor determines it is necessary to provide good and adequate water services to lessor's customers. If the area of the demised premises is reduced, lessor shall cause existing fencing to be relocated to conform to the new boundary, but lessor shall not be obliged to restore or replace any other improvements upon the premises. 2 THE PARTIES HAVE CAUSED THIS LEASE AND AGREEMENT TO BE EXECUTED AS OF THE DATE WRITTEN FIRST ABOVE. ATTEST: Treasurer APPROVED AS TO FORM: District Counsel ATTEST: City Clerk APPROVED AS TO FORM: City Attome APPROVED: SAN GABRIEL COUNTY WATER DISTRICT By C" J., J General Manager CITY OF ROSEMEAD - �S ETCH TO ACCOMPANY GESAL. OES C.12/PT/ON OF f-�ROPOSEO P.4Q•� S/ TE /N' 7-1/E' C/TY OF.00. W ,QO 6'IrJ. qs C077Q ®C147E A4AQ. 9 Co Co EXHIBIT "All • As of Julv 13 46 LEASE AND AGREEMENT 1993, San Gabriel County Water District, hereinafter lessor, and City of Rosemead, hereinafter lessee, agree as follows: Section 1. Purpose Lessor owns real property, hereinafter demised premises, currently surplus to lessor's needs. Lessee desires to rent the demised premises from the lessor as set forth herein. Section 2. Description of Premises Lessor hereby leases to lessee, and lessee hereby leases from lessor, the demised premises, more particularly described on Exhibit "A" attached hereto and hereby incorporated by this reference. Section 3. Term The term of this lease is 10 years commencing on August 1, 1993 and terminating 10 years thereafter. Section 4. Consideration Lessee shall pay lessor rent in the amount of $1.00 per year. Section 5. Use The demised premises shall be used by the lessee as a public park and for no other purpose. Section 6. Improvements Lessee may construct operation improvements to the demised premises necessary to operate a public park. Plans and specifications for alterations shall be reviewed by lessor at least thirty days before commencement of work. Section 7. Maintenance Lessee shall maintain the demised premises during the term of this lease. Section 8. Utilities Lessor shall provide water reasonably necessary for the operation and maintenance of the demised premises as a public park. Lessee shall obtain and pay for all other utility services. Section 9. Indemnification Lessee shall save and hold lessor, its officers, agents, and employees, free and harmless from any and all liability, costs or damages, including attorney's fees, arising out of any act or omission to act, including any negligent act or omission to act, by lessee, its officers, agents, or employees arising out of or in any way connected with lessee's use or occupancy of the demised premises. Section 10. Assignment Lessee shall not assign this Lease .or sublease the demised premises, or any right or privilege connected therewith, without having first obtained lessor's written consent which consent may be withheld in the lessor's absolute discretion. Lessee's unauthorized assignment or sublease shall be void and shall terminate this Lease at lessor's option. Lessee's interest in this Lease is not assignable by operation of law. Section 11. Lessor's Remedies on Lessee's Breach If lessee breaches this Lease, lessor shall have the following rights and remedies: (a) Lessor may exercise such rights and remedies as are provided for by law. (b) Lessor may recover from lessee on terminating the Lease for lessee's breach ail damages proximately resulting from the breach, including the cost of recovering the demised premises. Section 12. Attorney's Fees The prevailing party shall recover reasonable attorney's fees in the event litigation is necessary to enforce the provisions of this Lease and Agreement. 2 0 0 Section 13. Warranties Any of the items required to be maintained and repaired by lessee under the provision herein are protected by warranties or guaranties, lessor shall be entitled to the full benefit of such ' protection as if it were the original purchaser thereof. Section 14. Notices Notices given pursuant to the provisions of this Lease, or necessary to carry out its provisions, shall be in writing and delivered personally to the person to whom the notice is to be given, or mailed postage prepaid, addressed to such person. Lessor's and lessee's addresses for this purpose shall be: Lessor: Attention: Michael D. Burbank The City of Rosemead 8838 East Valley Boulevard Rsmd 91770 Lessee: Attention: Philip G. Crocker San Gabriel County Water District 8366 Grand Avenue Rosemead, CA 91770 Section 15. Waiver Lessor's waiver of breach of any term, covenant or condition of this Lease is not a waiver of breach of others nor of subsequent breach of that waived. Lessors acceptance of rent installments after breach is not a waiver of the breach, except to the extent that such installment or installments are accepted. Section 16. Inurement This Lease and its terms, covenants and conditions apply to and are binding upon and inure to the heirs, successors, executors, administrators and assigns of the parties hereto. Section 17. Time of Essence Time is of the essence herein. 3 Section 18. Option to Modify Premises Upon the giving of thirty days prior written notice to lessee, lessor may reduce the area of demised premises by approximately 100'x 100' square feet at the Northeast comer of the property if the lessor determines it is necessary to provide good and adequate water services to lessor's customers. If the area of the demised premises is reduced, lessor shall cause existing fencing to be relocated to conform to the new boundary, but lessor shall not be obliged to restore or replace any other improvements upon the premises. Cl 0 0 THE PARTIES HAVE CAUSED THIS LEASE AND AGREEMENT TO BE EXECUTED AS OF THE DATE WRITTEN FIRST ABOVE. APPROVED: SAN GABRIEL COUNTY WATER DISTRICT By 3_Lz, "6 r"j, Genera anger ATTEST: Secreta APPROVED AS TO FORM: 6 m 4m� District ounse ATTEST: y Clerk- APPROVED lerk APPROVED AS TO FORM: C4 Attomey �S.CE'TCH TO ACCOMPANY LEGAL OES C.12/17/0N OF PROF�OSEO AAQ.o S/TE /N- TiyE C/TY OF,2GiSEME,40 . � LIZ. �"cuff 6 C.lssoc�es CIVIL ENGINEERING • LAND PLANNING • SU801VISIONS • SURVEYING • INDUSTRIAL SITES 9042 E. Voiley Boulevard Bus. Phone&, AT 0-8575, CU 9.7451 ROSEMEAD, CALIFORNIA 91770 H. M. km' Rohn F. Huuq Ga. l.,d S,n.yor Roo. CMI Inin..r �.a C..-I.m LEGAL DESCRIPTION Om<. mo,. (Park Site for the City of Rosemead) Those portions of Blocks 37, 38, 43 and 44, Replat of a part of the Town of East San Gabriel, as shown on map recorded in Book 83, page 36, of. Miscellaneous Records, in the office of the Recorder of the County of Los Angeles, and those portions of Angelus Avenue, formerly Fourth Street, 60 feet wide, vacated by order of the Board of Supervisors of said County, a certified copy of which was recorded as Document No, 2552, on April 25, 1946 in Book 23102, page 247 of Official Records, in the office of said Recorder, and Fairview Avenue, formerly Pearl Avenue, 60 feet wide, vacated by said order, all in the City of Rosemead, County of Los Angeles, State of California, described as follows: ' Beginning at the intersection of the easterly line of said Block 43 (said easterly line being also the westerly line of Delta Street, 60 feet wide, as shown on map of Tract No. 7666, recorded in Book 91, pages 99 and 100 of Maps in the office of said Recorder,) with a line that is parallel with and distant northeasterly 30 feet at right angles from the centerline of Mission Drive as said center- line is shown on map of Tract No. 6261, recorded in Book 109, pages 22 and 23 of Maps in the office of said Recorder; thence along said easterly line of Block 43 and said westerly street line North 00 45' 15" West, 275.96 feet; thence South 89° 14' 45" West, 342.35 feet; thence South 2e 11' 10" East 122.20 feet to a line that is parallel with and distant northeasterly 30 feet at right angles from said centerline of Mission Drive; thence along said last- mentioned parallel line South 66` 22' 10" East 372.53 feet to the Point of beginning. Subject to easements, restrictions, reservations, rights-of-way and conditions of record, if any. J.N. 530 March 7, 1966 1* RESOLUTION NO. 94-46 \9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD GRANTING CONSENT TO THE FORMATION OF A SPECIAL ASSESSMENT DISTRICT WHEREAS, the legislative body of the San Gabriel County Water District, California, has proposed the adoption of a Resolution of Intention for the installation of certain public works of improvement, together with appurtenances and appurtenant work in what is known and designated as ASSESSMENT DISTRICT NO. 94-1 (LONGDEN AND VAN NUYS RESERVOIRS) hereinafter referred to as the "Assessment District", under the provisions of the "Municipal Improvement Act of 191311, being Division 12 of the Streets and Highways Code of the State of California; and WHEREAS, said Water District did, by said Resolution, further request the consent of this body to the adoption of said Resolution of Intention and to the granting of consent to allow the project to proceed and specifically allow certain works of improvement and assessments on properties within the unincorporated limits of this agency; and WHEREAS, Sections 10103 and 10104 of said Streets and Highways Code requires that this body grant consent to the proceedings and the proposed Resolution of Intention prior.to the time that the Resolution of Intention for these proceedings can be adopted. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. That the above recitals are all true and correct. Section 2. That the public interest, convenience and necessity require the improvements as referred to in the proposed Resolution of Intention and proposed for construction under the referenced Assessment District. Section 3. That this legislative body hereby grants its consent to the following: 1. Formation of the Assessment District; 2. Authority to order improvements; 3. Authority and power to acquire rights-of-way, where necessary; 4. Power to assess benefited properties; 5. The assumption of jurisdiction by the Water District for all purposes in connection with the Assessment District; 6. The consent to and approval of the enclosed proposed Resolution of Intention; 7. Consent and approval to the map forwarded' indicating the extent of territory included in the proposed Assessment District. Section 4. That said proceedings are pursuant to the provisions of the "Municipal Improvement Act of 191311, being Division 12 of the Streets and Highways Code of the State of California, and this consent is specifically given as required pursuant to the provisions of 10103 and 10104 of said Streets and Highways Code. Section 5. That the City Clerk of this legislative body is hereby directed to certify a copy of this Resolution to the Water District. PASSED, APPROVED and ADOPTED this 13th day of September, 1994. IZi1'Ia z ATTEST: CITY CLERK DIRECTORS CARL S. BONENBERGER, President KENNETH W. BAUCHMAN, Vice President FRANK E SEWARD WELLINGTON H. LOVE VIRGIL L HANSEN OFFICE 8366 GRAND AVENUE ROSEMEAD, CA 91770 MAILING P.O. BOX 2227 SAN GABRIEL, CA 91778-2227 September 13, 1994 City Council City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 SAN GABRIEL COUNTY WATER DISTRICT 10 EXECUTIVE OFFICERS PHILIP G. CROCKER Secretary/Genaral manaw BARBARA A. CARRERA Traesuer/ofte MWMW WAYNE K LEMIEUX General Coungm SUBJECT: LONGDENAND VANNUYSRESERVOIR CONSTRUCTION PROJECT Dear Council Members: TELEPHONES (818) 287-0341 (213)283-2829 FAX (818) 29741524 On April 13, 1993 the Board of Directors of San Gabriel County Water District directed Civiltec Engineering, Inc. to develop a report and recommendation regarding the water storage capacity of San Gabriel County Water District. The report, known as the Reservoir Concept Plan, identified the following: 1). maximum storage capacity that could be constructed at each of the two existing reservoir sites owned er demand; and 3). established the design criteria to be used to by the District; 2). existing and future wat size future reservoir capacity. On January 11, 1994 the Board of Directors approved the Reservoir Financing and Implementation Plan and approved the implementation of the Reservoir Project. Listed below are actions the Board has taken to date relating to the Reservoir Project. January 25, 1994 Selected assessment bonds as financing vehicle February 8, 1994 Selectedfinancial advisor and project engineer March 7, 1994 Selected assessment engineer, public relations consultant and bond counsel April 26, 1994 Adopted Negative Declaration and ordered Notice of Determination May 10, 1994 Approved preliminary Design Report July 12, 1994 Awarded design work of plans and specifications August 9, 1994 Adopted Boundary Map of Assessment District August 9, 1994 Requested consent from citiesfjiuisdictions The action taken August 9, 1994, brings us here tonight. We are requesting a resolution granting consent for the formation of a special assessment district by San Gabriel County Water District. Sincerely, .2' 6w Philip G. Crocker General Manager SAN GABRIEL COUNTY WATER DISTRICT ASSESSMENT DISTRICT 94-1 CALENDAR FOR FINANCIAL PLANNING Request consent from cities/county 8/9/94 Adopt Resolution of Intention 11/22/94 Complete Plan & Specs, solicit construction bids 11/22/94 Preliminarily adopt Engineer's Report, set public hearings 11/22/94 Receive construction bids 1/4/95 Conduct Ist public hearing 1/24/95 Conduct 2nd public hearing 2/14/95 Award construction bids 2/14/95 Approve Notice of Sale and Preliminary Official Statement 2/14/95 for sale of bonds Authorize finance team to solicit buyers of bonds 2/14/95 End of 30 day cash collection period 3/20/95 Accept bids and award bids on bonds 4/11/95 Bonds delivered to buyers 5/1/95 District permits the Notice to Proceed on construction 5/1/95 Ist collection from County Tax Collector 12/95 DIRECTORS CARL S. BONENBERGER, President KENNETH W. BAUCHMAN, Vice President FRANKE.SEWARD WELLINGTON H. LOVE VIRGIL L HANSEN OFFICE 8388 GRAND AVENUE ROSEMEAD, CA 91770 MAILING P.O. BOX 2227 SAN GABRIEL, CA 91778-2227 SAN GABRIEL COUNTY WATER DISTRICT • EXECUTIVE OFFICERS PHILIP G. CROCKER Swaary/carrel ma sow BARBARA A. CARRERA Trona/Olen Marrpa WAYNE K LEMIEUX Gana GaaoN RESERVOIR PROJECT District Customers - Public I Board of Directors I General Manager TELEPHONES (818)287-0341 (213(283-2829 FAX (818( 287-8524 Assessment Engineer I I I Financial Consultantl I I I Project Engineer Bond Counsel Design Engineers I Public Relations I I Construction Contractor D Cmead 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA 91770 (213)288-6671 August 30, 1983 San Gabriel County Water District P. O. Box 475 . 8366 E. Grand Avenue Rosemead, California Dear Ms. Porter: Enclosed you will find a fully executed copy of the.lease and agreement between the City of Rosemead and the San Gabriel County Water District to continue operation of a public park on Delta and Mission. Action was taken to approve the execution of this document by the Mayor at the regular meeting of the Rosemead City Council on August 23, 1983. Encl. MAYOR: G.H. 'PAT' CLEVELAND Sincerely, Ellen Poochigian, City Clerk MAYOR PRO TEM: GARY A. TAYLOR COUNCILMEN: MARVIN J. CICHY JAY T. IMPERIAL LOUIS TURY, JRL LEA :2 AND AGR F?;:MEN C THIS LEASE AND AGRLG;Mi:N!' is ma 3_, entered into and executed as of. the 1st day of august, !983, BY AND BETWEEN SAN GABRIEL COUNTY WATER DISTRICT, hereinafter referred to as "District" AND CITY OF ROSEMEAD, hereinafter referred to as "City". W I T N E S S E T H: WHEREAS, District is the owner of certain real properties situated within the boundaries of city, hereinafter described, and which, pursuant to a former lease and agreement between the parties hereto, has been converted into a temporary public park operated by the City; and WHEREAS, it is the desire of thy• parties hereto to continue the operation of said public park for the time and in the manner hereinafter set forth; NOW, THEREFORE, IT I5 HEREBY AGREED BY AND BETWEEN THE PARTIES as follows: 1. Subject to the conditions hereinafter contained, District hereby Leases to City and City hereby leases from District, that certain real property situated within the City of Rosemead, County of Los Angeles, State of California, more particularly described in Exhibit "A" which is attached hereto and by this reference incorporated herein and made a part hereof as though here fully set forth at length, for a term of ten years commencing on the lstday of August, 1983, and terminating on the 31st day of July, 1993. N E 0 2. During the term hereof"or any extensions hereunder, District will provide City, without cost, all water reasonably necessary for the maintenance of said property as a public park. 3. The Northeast corner of the property herein described, approximately 100 feet square, may be withdrawn by District from this lease for the proposed park use, if, at anytime, in the sole discretion of District, District wants said Northeast corner for the purpose of installing a water well. Said corner may be so withdrawn by District upon 30 days written notice thereof to City and this lease and agreement will in no other way be affected by such withdrawal. In the event of such withdrawal, District shall be under no obligation to make any reimbursement to City. If District does so withdraw such corner from the park, District, at its own expense, will cause the existing fencing surrounding the leased property to be realigned to conform to the new park boundary. 4. During the term hereof, City shall provide, at its sole cost and expense, such maintenance, recreational supervision and park policing as it deems necessary. 5. City, to the extent which it is authorized by law, hereby agrees to indemnify and save harmless District, its officers, employees, agents, and representatives, from and against all claims, demands, damages, costs and liability, resulting or claimed to result, by reason of personal injuries or property damage arising out of the installation, maintenance or use of said land as a park or playground, except that the foregoing indemnification provision shall not be applicable to 2 0 0 any claims, demands, damages, costs or liability based upon negligence on the part of District, its agents or employees. For the purposes of this provision, the City shall not be considered the agent of the District. 6. At the expiration of the term of this lease and agreement, it may be renewed or extended for an additional period of 10 years subject to all of the terms and conditions hereof. 7. City or District may terminate this agreement upon three months written notice to the other party of its intention to so terminate. Upon such termination by City, all installations and facilities upon the subject property shall become the sole property of District except for such recreational equipment and/or recreational facilities as can be conveniently removed by the City without damaging the real property. WHEREFORE, the parties hereto execute this lease and agreement by its previously duly authorized officers as of the day and year first above set forth. ATTEST: Secretary V/V (SEAL) SAN GABRIEL COUNTY WATER Q'IS)TRICT 3 0 0 CITY OF ROSEMEAD I M��%i / I ATTEST: (SEAL) t10 R. SCGft & 066000C6 CIVIL ENGINEERING • LAND PLANNING • SUBDIVISIONS • SURVEYING • INDUSTRIAL SITES 9042 E. Volley Boulevard Bus. Phoneu AT 0.8575, CU 3.7451 ROSEMEAD, CALIFORNIA 91770 H. M. Scor .. . Lic. Land Sum.yw Robert F. Hocrit; Reg. OVII Engineer John Crawford LEGAL DESCRIPTION Office Mer. (Park Site for the City of Rosemead) Those portions of Blocks 37, 38, 43 and 44, Replat of a part of the Town of East San Gabriel, as shown on map recorded in Book 83, page 36, of Miscellaneous Records, in the office of the Recorder of the County of Los Angeles, and those portions of Angelus Avenue, formerly Fourth Street, 60 feet wide, vacated by order of the Board of Supervisors of said County, a certified copy of which was recorded as Document No. 2552, on April 25, 1946 in Book 23102,.' page 247 of Official Records, in the office of said Recorder, and Fairview Avenue, formerly Pearl Avenue, 60 feet wide, vacated by said order, all in the City of Rosemead, County of Los Angeles, State of California, described as follows: Beginning at the intersection of the easterly line of said Block 43 (said easterly line being also the westerly line of Delta Street, 60 feet wide, as shown on map of Tract Na. 7666, recorded in Book 91, pages 99 and 100 of Maps in the office of said Recorder,) with a line that is parallel with and distant northeasterly 30 feet at right angles from the centerline of Mission Drive as said center- line is shown on map of Tract No. 6261, recorded in Book 109, pages 22 and 23 of Maps in the office of said Recorder; thence along said easterly line of Block 43 and said westerly street line North 00 45' 15" West, 275.96 feet; thence South 890 14' 45" West, 342.35 feet; thence South 20 11' 10" East 122.20 feet to a line that is parallel with and distant northeasterly 30 feet at right angles from said centerline of Mission Drive; thence along said last- mentioned parallel line South 66a 22' 10" East 372.53'feet to the point of beginning. Subject to easements, restrictions, reservations, rights-of-way and conditions of record,.if any. J.N. 530 March 7, 1966 AGREEMENT THIS AGREEMENT, made, executed and entered into G P/L as of the /34?.' day of , 1966, by and between SAN GABRIEL COUNTY WATER DISTRICT, hereinafter referred to as "District," and CITY OF ROSEMEAD, hereinafter referred to' as "City." W I T E S S E T H: WHEREAS,, District is the owner of certain real property situated within the boundaries of City, hereinafter described, and District and City desire to convert said property into a public park for the time and in the manner hereinafter set forth; In furtherance of said desire, District and City agree as follows: 1. Subject to the conditions hereinafter con- tained, District hereby leases to City that certain real property situated within the City of Rosemead, County of Los Angeles, State of California, more particularly described in Exhibit"A'which is attached hereto and incorporated herein, for a term of 15 years commencing on the lst day of April, 1966, and terminating on the 31st day of March, 1981. 2. City shall immediately proceed with the develop- ment of detailed plans and specifications for the conversion of said real property into a public park. Said plans and specifications shall include, but not be limited to, a general plat plan, a grading plan, a sprinkler or irrigation plan, a planting plan and a recreational facilities plan. 1 When the plans and specifications have been completed, they shall be submitted to the Board of Directors of District for approval. 3. Upon District approving said plans and speci- fications, District shall immediately revise the fencing of said property,'according to said approved plans and specifi- cations. After District's approval of said plans and notice thereof to City, City will immediately proceed to grade said property as indicated on said plans and specifi- cations. Upon the completion of said grading, District will make the necessary excavation for the waterlines indicated on said plans and will provide the pipe and other appurtenances for the installation of the irrigation or sprinkling system indicated on said plans and specifications. 4. Upon completion of said excavation and the furnishing of pipe and other appurtenances by District, City will install the water system, sprinkler or irrigation system, in accordance with said plans and specifications. 5. Upon the installation of said water system, District will back fill said excavations. 6. District will provide and install such asphalt paving as is required in said approved plans and specifications. 7. During the term of this lease or any extensions thereof, District will provide all water necessary,for the development and maintenance of said land as a park, without any cost or charge to City. 8. City will acquire and install all plantings shown on said approved plans and specifications. 2 9. City will build rest rooms and other structures according to plans and specifications which will be submitted and approved by District prior to construction. 10.' City will install, maintain and. supervise all recreational facilities required by -the plans and specifica- tions. 11. It is agreed by the parties hereto that the development of said park shall commence immediately and the work of completing the same shall progress expeditiously. 12: It is agreed that the fencing, grading,. installation.of sprinkler and irrigation systems and .the basic planting shall commence promptly after completion of said plans and specifications and—the approval thereof by District, and shall be completed not later than October 1, 1966. 13. City agrees that the rest rooms shall be built and completed on or before July 1, 1967; that the barbecue and picnic tables and horseshoe courts, as shown on said plans and specifications, will be installed and com- pleted on or before July 1, 1967; and that the other recreational facilities and equipment will be installed according to the plans and specifications, as the City Council of City finds that the use of the area indicates a need for such additional facilities. 14. It is agreed by the parties hereto that the Northeast corner of the land hereinabove described, approxi- mately 100 feet square, may be withdrawn from the proposed park use thereof, if at any time, in the sole discretion of District, District needs said corner for the purpose of 3 installing a water well. Said corner may be withdrawn by District from the terms of this agreement upon 30 days notice to City and this Agreement will in no other way be affected by such withdrawal, and District shall be under no obligation to make any reimbursement to the City in such event, as hereinafter provided. If District does withdraw such corner from the park, then District, at its own expense, will cause the fencing to be realigned to conform to the new park boundary. 15. During the term of this Agreement, City shall provide such maintenance, recreational supervision and park policing as it deems necessary. 16. City, to.the extent which it is authorized by law, hereby agrees to indemnify and save harmless District, its officers, employees, agents, and representatives, from and against all claims, demands, damages, costs and liability, resulting or claimed to result, by reason of personal injuries or property damage arising out of the installation, maintenance or use of said land as a park or playground, except that the foregoing indemnification provision shall not be applicable to any claims, demands, damages, costs or liability based upon. negligence on the part of District, its agents or employees. For the purposes of this provision, the City shall not be considered the agent of the District. 17. Should District require the use of the property herein conveyed and described.in the attached Exhibit "A" for District purposes, during the term hereof, this Agreement may be terminated by District upon three months written notice .to City of District's intentions to so terminate. If the 4 District does elect to terminate this Agreement, then District agrees to reimburse the City'£or a1T costs incurred and moneys spent by the.City in landscaping`the park and installing the park facilities on the -following basis; When the plans and specifications referred'to in this Agreement are referred to District for its review and approval, the City will advise District of the anticipated costs of the installation. After City completes the installa- tion of either landscaping or park facilities, the City will advise the District of the costs of said installation and said costs will be the basis upon which reimbursement will be made by District to the City. .Such reimbursement by District will be on the basis of 1/15th of the said costs for each year remaining on this lease. 18. It is.agreed between. District and the City that at the expiration of the term of this -lease, this lease may be renewed for the additional period of 15 years subject to all of the terms and conditions hereof except that the obligation of District to reimburse City as provided in paragraph 17 hereof shall expire on March 31, 1981. 19. City may -terminate this Agreement upon 3 months written notice to District of its intention to so terminate. Upon such termination by City, all installations and facilities upon the hereinabove described real property shall become the sole property of District except for such recreational equip- ment and/or recreational facilities as can be"conveniently removed by the City without damaging the real property. 5 WHEREFORE, the parties hereto have set their hands�tjo'this Agreement this A -la day of Mavch, 1966, at California. .SAN�GABRRIEL COUNTY WATER DISTRICT j t/PreR- si'�ent Attest: ri tary /(SEAL) CITY OF ROSEMEAD By • /yor Attest: � L u, City Clerk (SEAL) 0 I D L A;4.64� z 1,hIl Od3X I Fli f" isCLm V r. L A;4.64� z 1,hIl Od3X I Fli f" V r. 3. 27 iz. - 07, 1. rCAI'7'0 A CCO1W.,eR.4 IVY LEGAL 40.CS 1D7'10ooV,0j4C— 0S,E40 AM 4P' 4,-' S/TE OF40 MAQ. /96G *scorrO?.4SJOC1A %SlC.4ZX .1 'tlJNI Odnx { —r• CIVIL ENGINEERING • LAND PLANNING • SUBDIVISIONS • SURVEYING • INDUSTRIAL SITES ' (: 9042 E. Valley Boulevard Bus. Phones: AT 0.8575, CU 3.7451 ROSEMEAD, CALIFORNIA 91770 N. M. Scott Robert F. Herceg . •1•..'i Lic. Lond Surveyor' Reg. Civil Engineer LEGAL DESCRIPTION John Crawford' 'I •.: >,�,� s ••' '.'� - .. ,. , . Office Mgr. (Park Site for the City of Rosemead) Those portions of Blocks 37, 38, 43 and 44, Replat of a part of '.3. the Town of East San Gabriel, as shown on map recorded in Book 83, page 36, of Miscellaneous Records, in the office of the Recorder of the County of Los Angeles, and those portions of Angelus Avenue, ; formerly'Fourth Street, 60 feet wide, vacated by order of the i• Board of Supervisors of said County, a certified copy of which "• =was recorded as Document.No. 2552, on April 25, 1946 in Book 23102,. _ page 247 of Official Records, in the office of said Recorder, and Fairview Avenue, formerly Pearl Avenue, 60 feet wide, vacated by -, said order, all in the City of Rosemead, County of Los Angeles, i State of California, described as follows: '- Beginning at the intersection of the easterly line of said Block 43 .. .. (said easterly line being also the westerly line of Delta Street, 60 feet wide, as.shown on map of Tract No. 7666, recorded in ]j Book 91, pages 99 and 100 of Maps in the office of said Recorder,) with a line that is parallel with and distant northeasterly 30 feet atright an from the centerline of Mission Drive as said center- :! line is shown on map of Tract No. 6261, recorded in Book 109, pages 22 and 23 of Maps in the office of said Recorder; thence - along said easterly line of Block 43 and said westerly street line North 00 45' 15" West, 275.96 feet; thence South 89° 14' 45" West, 342.35 feet; thence South 2° 11' 10" East 122.20 feet to a line that .. is parallel with and distant northeasterly 30 feet at right angles,. ,.. from said centerline of Mission Drive; thence along said last- j " mentioned parallel line South 66° 22' 10" East 372.53 feet to the ,.i point of beginning. i Subject to easements,'restrictions, reservations, rights-of-way j and conditions of record, if any. J.N. 530 March 7, 1966. " A S S I G N M E N T' FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROSEMEAD REDEVELOPMENT AGENCY hereby sells, assigns, and transfers unto City of Rosemead all _ right, title and interest in refunds now due or to become due, as more specifically set forth in an agreement dated September 17, 1986 by and between San Gabriel Valley Water Company and ROSemed Redevelopment Agency covering the installation of water facilities to serve Tract No. or Garvey Avenue from Walnut Grove Avenue to Rosemead Place in an original amount of $ 356,000.00 , the unrefunded balance at December 31, 1986 being $ 329,197.33 ,as shown on the books of said San Gabriel Valley Water Company. IN WITNESS WHEREOF, the undersigned has caused this document to be executed this 26th day of October 19 87 SIGNMENT COMPLETED ROSEMEAD REDEVELOPMENT AGENCY BY _ j�% GLe�[ DATE 1/4/88 BY iw.CXc L<C L rte/ M. L. Whitehead, Exec. Vice President AGENCYSECRETARY (Assignor) STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) On r-kbp .e2 (, , 19? -7 , before me, the undersigned, a Notary Public in and for said county and State,_personally.appeared known to me to be the persons _ whose names subscribed to the within instrument, and acknowledged to me that _1 -het{ executed the same. V WITNESS my hand and official seal :»...........................♦ IOFFICIAL SEAL I JAN SAAVEDRA m _ Naary Public Ubtomm I Principalo ic. In j ♦ Los An9ebs Count aMY Comm. EllJi me 15.199D 2♦ ��..♦�N♦1♦♦��♦0006.1 M..♦ Accepted by Assignee CITY OF ROSEMEAD �-T r Pr1.n e Ami Signature Name - Typed or Printed Signature ato SAAV E bR,' Name (typed or printed) Notary Public in and for said State. Addresses 8838 East Valley Boulevard Rosemead, California 91770 * If a Corporation, show titles and affix Corporate seal 321 1 nI JAN 7 ISM A S S I G N M E N T FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROSEMEAD REDEVELOPMENT AGENCY hereby sells, assigns, and transfers unto City o all right,.title and interest in refunds now due or to become due, as more specifically set forth in an agreement dated November 10, 1986 by and between San Gabriel Valley Water Company and Rosemea Redevelopment Agency covering the installation of water facilities to.serve Tract No. or Garvey Avenue from Walnut Grove to Delta Avenue in an original amount of $ 194,400.00 , the unrefunded balance at December 31, 1986 being $ 164,603.73 as shown on the books of said San Gabriel Valley Water Company. IN WITNESS WHEREOF, the undersigned has caused this document to be executed this 26th day of October 19 87 =SIGNM'OMPLETED BY_DATE 1/4/8e M.L. Whitehead, Exec. Vice President STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) ROSEMEAD REDEVELOPMENT AGENCY By: I.Li%"'11 AGENCY SECRETARY (Assignor) On �e.l„�,.,ci(n 190, before me, the undersigned, a No/tary Public in and for said Count and State, personally appeared S�� l.�iPle.�, AN)z G, h1. C 1p iiZ rJCL known to me to be the persons whose name_ subscribed to the within instrument, and acknowledged to me that _=he_y__ executed the same. WITNESS my hand and official' seal ..••...•..................... oFBcuL SEAL _OwJAN SA WEDRA pbry R, NicGeNlpmie incipal Office In Lm =;J=.eay Comm1090 tt Accepted by Assignee CITY OF ROSEMEAD Name - Typedgr Printed By Si nature Name - Typed or Printed Signature 0.� raeJ ;Sfl1ZN\1G1�)R_Pr Name (typed or printed) Notary Public in and for said State. Addresses 8838 East Valley Boulevard Rosemead, California 91770 * If a Corporation, show titles and affix Corporate seal. rJAN IRS321 7 iu I �( , A S S I G N M E N T FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROSEMEAD REDEVELOPMENT AGENCY hereby sells, assigns, and transfers unto City of Rosemead all right, title and interest in refunds now due or to become due, as more specifically setforthin an agreement dated September 17, 1986 by and between San Gabriel Valley Water Company and Rosemead Redevelopment Agency covering the installation of water.facilities to serve Tract No. or Garvey Avenue from Walnut Grove Avenue to Rosemead Place in an original amount of $ 356,000.00 , the. unrefunded balance at December 31, 1986 being $ 329,197.33 , as shown on the books of said San Gabriel Valley Water Company. IN WITNESS WHEREOF, the undersigned.has caused this document to be executed this 26thday of October 19 87 A589GPgm' INT OMPLETED BY av'DATE 1/a/es M. L. Whitehead, Exec. vice President STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) ROSEMEAD REDEVELOPMENT AGENCY By :�/�In�r .rie.Ci zda-4� AGENCY•SECRETARY (Assignor) On OeA.&A1, , 421a-, 19_?L, before me, the undersigned, a Notary Public in and for said County and State, personally,appeared known to me to be the persong whose name S subscribed to the within instrument, and acknowledged to me that _ ±he*_ executed the same. i WITNESS my hand and official seal . ...............»....... OFFICIAL SM tt' I JAN SAAVEDRA S p . i . Notary Pub licCali/omnia Principal Oflice In Los A,Wln Counq My camp. ""1 Jule 15, 1990 Accepted by Assignee CITY OF ROSEMEAD Nam - epeor Pr: ted S'gnature Name - Typed or Printed Signature SQ o a re Aho--) Z-Ati SA(.Vebr,?-P, Name (typed or printed) Notary Public in and for said State. Addresses 8838 East Valley Boulevard Rosemead, California 91770 * If a Corporation, show titles and affix Corporate seal. 321 5369L A S S I G N M E N T FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROSEMEAD REDEVELOPMENT AGENCY hereby sells, assigns, and transfers unto City of Rosemead all right, title and interest in refunds now due or to become due, as more specifically set forth in an agreement dated November 10, 1986 by and between San Gabriel Valley Water Company and Rosemead Redevelopment Agency covering the installation of water facilities to.serve Tract No. or Garvey Avenue from Walnut Grove to Delta Avenue in an original amount of $ 194,400.00 , the unrefunded balance at December 31, 1986 being $ 164,603.73 , as shown on the books of said San Gabriel Valley Water Company. IN WITNESS WHEREOF, the undersigned has caused this document to be executed this 26th day of October 19 87 . SIGK'MENT// COMPLETED BY KIR r DATE 1/4188 . L. Whitehead, Exec. Vice President STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) ROSEMEAD REDEVELOPMENT AGENCY AGENCY SECRETARY (Assignor.) On Cktg6h, 44o , 19$7, before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the persons whose name_ subscribed to the within instrument, and acknowledged to me that _-J-he�— executed the same. f WITNESS my hand and official seal. .M...• ....... N I.I. N....... OFFICIAL SEAL j jJAN SAAVEDRA 2 Qmy Notary Pjblic-Cafilomla Principal Office InLm AngelesCminfy COmm. EW. June 15, 1990 e .............................. Accepted by Assignee * CITY OF ROSEMEAD Name - Type or Printed ignature Name - Typed or Printed Signature Q, n) V.OL �f2 oQ k n lVlStatJ.��y E D� Name (typed or printed) Notary Public in and for said State. Addresses 8838 East Valley Boulevard Rosemead, California 91770 * If a Corporation, show titles and affix Corporate seal. 321 5444L