Indian Wells/Oper & Maint of portion of Washington Median 2000AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE CITY OF INDIAN
WELLS FOR OPERATION AND MAINTENANCE OF RAISED MEDIAN
LANDSCAPING, LIGHTING, AND IRRIGATION
THIS AGREEMENT is entered into as of thisl9th day of October
2000, by and between the City of La Quinta, a municipal corporation ("La Quinta"), and the City
of Indian Wells, a municipal corporation ("Indian Wells").
RECITALS
WHEREAS, Washington Street from Fred Waring Drive to the Whitewater Channel is a
six lane major arterial with a raised, lighted, landscaped median; and
WHEREAS, the boundary lines between Indian Wells and La Quinta is the centerline of
Washington Street; and
WHEREAS, 50% of the raised, lighted, landscaped median is within the jurisdiction of
Indian Wells (the west side) and 50% of the raised, lighted, landscaped median is within the
jurisdiction of La Quinta (the east side); and
WHEREAS, the landscaped median is a necessitated means for traffic control; and
WHEREAS, the landscaping and lighting of the median provides an entrance statement
and raises the value of the land in both Indian Wells and La Quinta due to its esthetic values;
and
WHEREAS, the raised median includes publicly financed landscape, irrigation, and
lighting improvements; and
WHEREAS, said median landscape improvements will require regular operation and
maintenance; and
WHEREAS, La Quinta has the capability to provide for operation and maintenance of
said median landscape and lighting improvements; and
WHEREAS, La Quinta and Indian Wells desire to jointly finance the cost of operating
and maintaining said median landscape improvements.
NOW THEREFORE, the parties mutually agree as follows:
1. Adoption of Recitals. The foregoing recitals are true and correct.
2. Location. The median landscape and lighting improvements to be operated and
maintained under the terms of this agreement are located on raised medians situated generally
along the centerline of Washington Street from the intersection of Fred Waring Drive, thence
south to the bridge spanning over the Whitewater River Channel as shown on Exhibit A, which
is incorporated herein by this reference.
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3. Qperation and Maintenance.
a. La Quinta will provide all necessary utilities (including but not limited to,
water and electricity), materials, tools, equipment, and labor to operate and maintain said
median and landscape and lighting improvements in the location specified in paragraph 2.
b. Except as hereinafter provided, Indian Wells shall reimburse La Quinta for
50% of all costs and expenses incurred by La Quinta for the operation and maintenance of said
median landscape and lighting improvements pursuant to and in accordance with terms of this
agreement. A ten percent (10%) administrative charge, based upon Indian Wells' 50% share,
shall be added to the reimbursement cost.
C. When the immediate repair or replacement of any of the median landscape
and/or lighting improvements in the location specified in paragraph 2 is necessary to ensure the
public safety and welfare, such circumstances will be deemed an operational emergency. In the
event of such an operational emergency, if La Quinta fails to initiate the repair or replacement
within 24 hours of being notified of the operational emergency by Indian Wells, or if La Quinta
fails to diligently complete such repairs in a timely manner, Indian Wells may direct its forces to
perform such work as necessary to correct the operational emergency in .order to immediately
place the facility back in operational condition. If such emergency repairs or replacement is
implemented, Indian Wells may deduct 50% of its expenses incurred for the emergency repairs
or replacements from its share of all costs incurred by La Quinta for the operation and
maintenance of said median landscape and lighting improvements.
4. Submission of Bills for Operation and Maintenance. La Quinta will submit
reimbursement bills to Indian Wells quarterly or in such other periodic sequence as may be
agreed to in advance by the Finance Directors of La Quinta and Indian Wells. Bills must be
submitted within thirty (30) days following the close of the corresponding billing period and
shall be paid by Indian Wells within fourteen (14) calendar days. La Quinta shall maintain on
the generally accepted accounting basis, complete and accurate records that support all billings.
These records shall be made available to Indian Wells at reasonable times for review and shall
be retained for a period of three (3) years after payment of said billings.
5. Notices. Any and all notice, reimbursement bills, and payments sent or required
to be sent to the parties to this agreement will be mailed to the following addresses:
City of Indian Wells
Attn: Tim Wassil
44-950 Eldorado Drive
Indian Wells, CA 92210
City of La Quinta
Attn: Chris Vogt
78-495 Calle Tampico
La Quinta, CA 92253
6. Legal Relations and Responsibilities. Nothing in this agreement is intended to
create duties or obligations to or rights in third parties.
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7. Indemnification. Each party (the indemnitor) hereto shall indemnify, defend and
hold the other party and its officers, agents, servants and employees (the indemnities) harmless
from any liabilities, claims, demands, debts, suits, actions and causes of actions, including but
not limited to, property damage, personal injury or wrongful death, arising out of or in any
manner connected with the indemnitor's respective property interests in the raised medians.
8. Termination. This agreement may'be terminated upon the written agreement of
all parties, or upon thirty (30) days written notice by either party to the other party.
IN WITNESS WHEREOF, the parties have caused this agreement to be signed as of the
date first written above.
n
Jo J. Vefia, Mafjr Ed &narch, Mayor Pro-Tem
City of La Quinta Indian Wells
ATTEST:
21�� - LJ
J eek, City Clerk
City of La Quinta
APPROVED AS TO FORM:
aec A , dt2� �\
M atherine Jenson, Ci ttomey
Cify of La Quinta
ATTE :
ity of di 11
APPROVED AS TO FORM:
J Cook, City Attorney
ity of Indian Wells
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Fred Waring Drive,
Miles Avenue
E
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EXHIBIT A