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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. 1191015610.0002 99377.02 PM00 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. 119/015610-0002 99377.02 PM00 -2- 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 119/015610.0002 99377.02 PM00 -3- Fred Waring Drive, Miles Avenue E .j EXHIBIT A