RPVCCA_CC_SR_2013_04_16_C_Access_Agreement_PV_Mobile_Estates_ltdCITY OF
MEMORANDUM
CHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
04.i)LES JONES,INTERIM DIRECTOR OF PUBLIC WOR~
APRIL 16,2013
ACCESS AGREEMENT WITH PALOS VERDES MOBILE
ESTATES LTD.
CAROLYN LEHR,CITY MANAGER oS2---
Project Manager:Ron Dragoo,Senior Engi2~
RECOMMENDATION
1.Authorize the Mayor and City Clerk to execute an agreement with Palos Verdes
Shores Mobile Estates Ltd.(PV Shores)to permit construction access through
the mobile home park for the construction of the San Ramon Canyon
Stormwater Flood Reduction Project.
BACKGROUND/DISCUSSION
A portion of the drainage line for the San Ramon Drainage Project will be constructed in
a 100 foot wide easement west of PV Shores within Shoreline Park.The easement is
bounded to the north by Palos Verdes Drive South and extends southerly to the ocean.
Access to this site is very limited.
A significant amount of the construction material will be delivered to the site by a crane
which will be positioned adjacent to the roadway along Palos Verdes Drive South.
However not all of the required construction materials can be delivered by a crane and
an alternative route is required.The only viable option to access the southern portion of
the construction site is through the private property at Palos Verdes Shores Mobile
Estates.Construction vehicles will access the construction site by a limited number of
trips through the private community.In the event that damages occur within PV Shores
as a result of construction traffic,line items in the contractors bid for repairing those
damages within PV Shores were provided in the contractor's proposal to address
damages that might occur.Repair costs have already been considered,and are
included within the construction contract.If repairs are not needed,those funds will not
be used.
PV Shores recognizes the importance of the Project and the protection that it will afford
the community and therefore has cooperated with Staff to negotiate the terms of theC-1
agreement (Attachment A).
CONCLUSIONS
Adopting staff's recommendations will authorize the Mayor and City Clerk to execute
the attached Right of Access Agreement.
FISCAL IMPACT
There is no direct fiscal impact.Use of funds for the construction of the Sa'n Ramon
Storm Drain Project was approved March 5,2013.
Attachments:A)Agreement
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RIGHT OF ACCESS AGREEMENT
THIS RIGHT OF ACCESS AGREEMENT (this "Agreement")is made and entered into
as of ,2013,by and between the Palos Verdes Shores Mobile Estates,
Ltd.,("Grantor"),and the CITY OF RANCHO PALOS VERDES,a California Municipal
Corporation,("City").
WIT N E SSE T H:
WHEREAS,City wishes to perform certain work to install a storm drain system on
certain properties that are owned by the City to improve the drainage from San Ramon Canyon
and maintain the stability of the canyon slopes (hereinafter the "SRC Project"),and
WHEREAS,City wishes to use a portion of the private streets:Catalina Vista;
Encantador and Delicia,as is generally depicted on Exhibit A attached hereto (the "Property"),
that are located on Grantor's property in connection with the performance of the construction of
the SRC Project;and
WHEREAS,Grantor is willing to grant to City a license for temporary access to and use
of the Property by City and its employees and specified designees in connection with the
construction of the SRC Project,as is more particularly described in this Agreement.
AGREEMENT
NOW,THEREFORE,for and in consideration of the foregoing premises,the mutual
covenants and agreements contained herein,and other good and valuable consideration,the
receipt and sufficiency of which are hereby acknowledged,Grantor and City hereby covenant
and agree as follows:
1.License and Restrictions.
1.1 Subject to the terms and conditions of this Agreement,Grantor hereby grants a license
(the "License")to the City and its agents,employees and contractors (collectively,the
"City Parties"),as designated by City in writing,to temporarily access and use the
Property for the following purposes (the "License Purposes"):to move equipment,
materials and workers to and from 25 th Street to and from Shoreline Park,which is owned
by City and adjacent to and to the west ofthe Property,in order to construct the SRC
Project and to perform the work that is described in Section 3 below (the "License
Work").
1.2 The City Parties shall not conduct any activity on the Property other than in connection
with the License Purposes.The City Parties shall not use the Property in any way that
will conflict with any law,statute,ordinance,rule,regulation or requirement of any duly
constituted public authorities with jurisdiction over the Property,whether now in force or
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hereafter enacted or promulgated.The City shall not permit any party other than the City
Parties to enter upon the Property in connection with the License or otherwise.
1.3 The City hereby covenants and agrees to cause the fueling,servicing and/or repairing of
vehicles being used exclusively in connection with the License Purposes to be conducted
within areas that are not located on Grantor's Property;provided,however,that Grantor
acknowledges that City's contractor may conduct such fueling,servicing and/or repairing
at the place (whether on the Construction Site,the Property or otherwise)where any such
vehicle requires the same (e.g.,where any such vehicle runs out of fuel or breaks down).
1.4 The City hereby covenants and agrees to repair and restore landscaping,curbing utilities,
the asphalt surface of the private street and any cement drainage structures located within
or immediately adjacent to the Property that are damaged by the City Parties in
connection with this Agreement.In addition,the City hereby covenants and agrees to
repair any of Grantor's property,or the property of any of Grantor's
residents/guests/invitees/vendors that are damaged by the City Parties in connection with
this Agreement.This would include,without limitation,Grantor's underground utility
systems,including gas,electric (owned by City of Los Angeles DWP),water,sewer,
telephone and cable TV systems and storm drainage improvements.After the City
acknowledges responsibility for the damage and to make the repairs,a schedule to make
the repairs that is mutually satisfactory to Grantor and Grantee shall be established.City
hereby acknowledges that damage to such property caused by the City Parties in
connection with this Agreement may not be apparent for a period of time.City therefore
agrees that any claims brought by Grantor,or any of Grantor's
residents/guests/invitees/vendors may be brought within 18 months from the date the
SPC Project is completed,as evidenced by the final Notice of Completion on the SPC
Project recorded by City,pursuant to Section 8.2.City and Grantor shall videotape and
photograph the Property prior to the commencement of the use of the Property by the
City Parties.City and Grantor shall agree to the appointment of Robert Merril (PE)
("Assessor"),an individual who is mutually agreeable to City and Grantor,to evaluate
the condition of the Grantor's property before and after the completion of the project.The
cost of the Assessor shall be paid for by City.Any damage to the Property identified by
the Assessor shall be repaired by the City to the satisfaction of the Assessor before
acceptance by Grantor.All costs associated with the repairs will be at the City's expense.
2.Term of License.The License shall remain in full force and effect from the date hereof
until the earlier of (a)December 31,2013 or (b)the first date a notice of completion may
be recorded by the City pursuant to Section 8.2.Notwithstanding the foregoing,if the
SPC Project is not completed by December 31,2013,the City may request a reasonable
extension of the term of this Agreement,and Grantor shall not unreasonably withhold its
approval thereof.
3.Scope ofSRC Project Work:City has informed Grantor that the License Work,
contemplated by the License Purposes,includes removal of dirt by trucks with no more
than ten wheels and without attached trailers from tunneling operations;transporting of
equipment;delivery of pipes;delivery of construction material,comprising a total of
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approximately 120 trips spread over a period of about 6-months.In addition there will be
a limited number of light vehicle trips to service the port-a-potty and to access the office
that will be located on the City's property.Vehicle loads will not be any heavier than
those legally permitted for such ten-wheeled vehicles.
City hereby agrees that it will observe the Procedures for Conduct of Contractors (Procedures)of
Grantor for conduct by the City Parties,which are attached hereto as Exhibit B.If there is any
conflict between this Agreement and Grantor's Procedures,the provisions of this Agreement
shall take precedence.City further agrees to clean the Property on a regular basis to remove any
dirt,dust,debris or other substances that may be deposited on the property by the License Work
as contemplated by the License Purposes.
4.Resolution of Disputes:In the event of:(a)Violation of this Agreement by City or any of
the City Parties;or (b)substantial disruption of Grantor's business caused by the License
Work as contemplated by the License Purposes,the City agrees to immediately address
the issues in response to written notice from Grantor describing the problems and to meet
with Grantor to resolve the problem,if requested in writing by Grantor.In this regard,
substantial disruption of Grantor's business shall include,without limitation,more than
two claims by residents of the mobile horne park against Grantor arising from the use of
the Property by City Parties pursuant to this Agreement,or litigation commenced against
Grantor by any person or entity arising from the use of the Property by City Parties
pursuant to this Agreement.If the meeting relates to a substantial disruption of Grantor's
business,the meeting shall be attended by the Proj ect Manager and a senior City staff
member.If City and Grantor cannot resolve the dispute,then Alan Rigg,City of Palos
Verdes Estates Director of Public Works,who was mutually chosen by City and Grantor
to mediate such disputes,shall make a determination regarding the issue.City and
Grantor agree to be bound by the mediator's decision.City shall pay for the mediator's
expense in resolving the dispute.
5.Agreement to Cooperate and Coordinate.The City acknowledges and agrees that
Grantor may,and shall be entitled to perform work on the Property (collectively,the
"Grantor Work")concurrently with the License Work (including the erection of barriers
around the same),provided that the Grantor Work does not materially interfere with the
License Work.To that end,the City and Grantor agree to meet as often as is reasonably
necessary in order to coordinate the work schedules for the License Work and the Grantor
Work so as to minimize as much interference between the same as is reasonably possible
and to complete such work as efficiently and timely as possible.
6.Personal Property;Fixtures.Grantor acknowledges and agrees that the City Parties may
bring equipment and other materials onto the Property in connection with the License
Purposes.Grantor further acknowledges and agrees that such equipment and materials
are the personal property of the City Parties;and that Grantor has no,and shall not claim,
any right title or interest therein.
7.Liens.The City shall not suffer or permit to be enforced against the Property,any
mechanics',materialmen's,contractors'or subcontractors'liens or any claim for damage
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arising from the License Work,and the City shall pay,or cause to be paid,all of such
liens,claims or demands before any action is brought to enforce the same against the
Property.Notwithstanding the foregoing,if the City,in good faith,contests the validity
of any such lien,claim or demand,then the City shall,at its expense,defend the Property
against the same and shall pay and satisfy any adverse judgment that may be rendered
thereon before any enforcement thereof against the Property;provided,however,that,if
Grantor shall so require,the City shall procure and record or furnish to Grantor a surety
bond,or other security satisfactory to Grantor,in an amount equal to at least one hundred
fifty percent (150%)of the amount of such contested lien,claim or demand,holding the
Property free from the effect thereof.Grantor reserves the right,at any time and from
time to time,to post and maintain on the Property such notices of non-responsibility as
may be necessary to protect Grantor against liability for all such liens,claims and
demands.
8.N~tices of Non-responsibility and Completion.
8.1 Ten (10)days in advance of commencement of the License Work,the City shall,at its
expense,post on the Property and record in the Official Records of Los Angeles County,
California,a notice of non-responsibility executed by Grantor in statutory form.
8.2 Promptly upon completion of the SRC Project work,the City shall,at its expense,post on
the Property and record in the Official Records of Los Angeles County,California,a
notice of completion executed by the City in statutory form.
9.Payment of Claims.In addition to,and not in limitation of,Grantor's other rights and
remedies hereunder,should the City fail within twenty (20)days of a request from
Grantor either (a)to pay and discharge any lien,claim or demand as provided in
Section 7,or (b)to protect,indemnify,defend and hold Grantor free and harmless as
provided in Section 10,then,in any such case,Grantor may,at its option,pay any such
lien,claim or demand or settle or discharge any action therefor or satisfy any judgment
thereon,and all reasonable costs,expenses and other amounts incurred by Grantor in
connection therewith (including reasonable attorneys'fees)shall be paid to Grantor by
the City upon demand,together with interest thereon at the rate of 5%per annum from
the date paid by Grantor until repaid by the City.
10.Indemnity.The City hereby agrees to protect,indemnify,defend and hold Grantor and
its employees,residents/guests/invitees/vendors,members,contractors,representatives,
partners,officers,directors and agents (collectively,"Grantor Indemnitees"),free and
harmless from and against (collectively,"Indemnify")any and all claims,causes of
action,demands,damages,liens,liabilities,losses,costs and expenses (including,without
limitation,reasonable attorneys'fees)to which Grantor Indemnitees may become
exposed or which Grantor Indemnitees may incur in connection with the City Parties
exercising their rights and performing their obligations hereunder (collectively,
"Losses").Notwithstanding the foregoing,it is the intent of the City and Grantor that the
<;:ity indemnify Grantor Indemnitees under this Section 10 irrespective of the cause of the
Losses (i.e.,regardless of whether or not caused by any act,omission,willful or negligent
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misconduct (whether active or passive)of the City,or otherwise),except to the extent
that the Losses are caused solely by the gross negligence or willful misconduct of any of
the Grantor Indemnitees.The provisions of this Section 10 shall survive the termination
ofthe License as provided in Section 3 for five (5)years except as to claims made and
pending at such time (collectively,the "Indemnified Losses").The City will require the
General Contractor (GC)for the Project to name the Grantor Indemnitees as additional
insured in the insurance policies that the GC will issue the City as a requirement of the
Construction Contract.
11.Successors and Assignment.This Agreement shall be binding upon and enforceable
against,and shall inure to the benefit of,the parties hereto and their respective heirs,legal
representatives and successors;and successors-in-interest;provided,however,that this
Agreement may not be assigned by either party,in whole or in part.
12.Notices.All notices and communications (each a "Notice")required or permitted to be
given under this Agreement shall be in writing and may be sent in the following manner:
(a)by personal delivery,(b)by facsimile,(c)by mail,or (d)by overnight courier service
for next business day delivery.All Notices shall be deemed given and delivered as
follows:(i)if sent by personal delivery,when delivered to the address ofthe receiving
party,(ii)if sent by facsimile,the time of delivery set forth on the confirmation sheet
printed by the sending facsimile machine showing delivery ofthe Notice without errors
to the facsimile number of the receiving party,(iii)if sent by mail,three (3)business days
after deposit of the Notice in the United States mail,postage prepaid,with return receipt
requested,addressed to the receiving party,and (iv)if sent by overnight courier service,
one (l)business day after deposit of such Notice with such courier service addressed to
the receiving party.The proper addresses and facsimile numbers for Grantor and the City
for purposes of giving Notices pursuant to this Section 12 shall be the Grantor's and
Grantee's addresses and facsimile numbers set forth on the signature pages hereof.
13.Governing Law.This Agreement shall be construed,enforced and interpreted in
accordance with the laws of the State of California,excluding California's choiceoflaw
rules.
14.Counterparts.This Agreement may be executed in several counterparts,each of which
shall be deemed an original,and all of which together shall constitute one and the same
instrument.
15.Complete Agreement.This Agreement supersedes any prior negotiation,discussions or
communications by and between Grantor and the City and constitutes the entire
agreement between Grantor and the City with respect to the subject matter hereof.
16.Attorneys'Fees.Should the City or Grantor institute any action or proceeding to enforce
this Agreement,or for damages by reason of any alleged breach of this Agreement,or for
a declaration of rights hereunder,the prevailing party in any such action or proceeding
shall be entitled to receive from the non-prevailing party all costs and expenses,
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including,without limitation,reasonable attorneys'fees,incurred by the prevailing party
in connection with such action or proceeding.
17.No Recording of Agreement or Memorandum of Agreement.The parties agree that
neither this Agreement nor any memorandum hereof shall be recorded in the Official
Records of Los Angeles County,California.
18.Mutual Cooperation.Each party hereto agrees to execute any and all documents and
writings that are reasonably necessary or expedient to carry out the intent of this
Agreement,to do such other reasonable acts as will further the purposes hereof,and to
refrain from any actions which would impede or otherwise interfere with the other party
with respect to the performance of its duties and obligations hereunder.
19.Amendments.Any amendment to this Agreement must be in writing and signed by all of
the parties hereto.
20.Opportunity to Consult with Own Counsel.Each party agrees that it has reviewed and
understood the scope and effect of the provisions of this Agreement and has affixed its
signature hereto voluntarily and without coercion.Grantor further acknowledges that it
has had an opportunity to consult with an attorney of its own choosing regarding the
terms of this Agreement.Neither party has relied upon any representation or statement
made by the other party hereto which is not specifically set forth in this Agreement.
IN WITNESS WHEREOF,Grantor and the City have caused this Agreement to be
executed as of the day and year first written above.
GRANTOR:PALOS VERDES SHORES MOBILE HOME ESTATES,
LTD.,a California Limited Partnership
By:A1Vf9de!~ommunity Management LLC,its General
Partner P'~
By:Phillip J.Vedder
Its Managing Member
Address for notices:
William C.Schweinfurth
Director of Operations
Vedder Community Management LLC
28632 Roadside Drive,Suite 220
Agoura Hills,CA 91301(818)735-6200
(818)735-6205 fax
With a copy to:
Community Manager
Palos Verdes Shores Mobile Estates
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2275 W.25 th Street
San Pedro,California 90732
(310)547-4403
(310)547-4405 fax
[Signatures Continue On The Next Page]
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[Signatures Continued From The Previous Page]
CITY:CITY OF RANCHO PALOS VERDES
By:
Name:
Title:Mayor
Address for notices:
30940 Hawthorne Boulevard
Rancho Palos Verdes,California 90275
Attention:Ron Dragoo,Senior Engineer
Telephone No.:(310)544-5252
Facsimile No.:(310)544-5292
[With a copy to:]
Carol W.Lynch,Esq.
Richards,Watson &Gershon
355 South Grand Avenue,40th Floor
Los Angeles,California 90071
Telephone No.:(213)626-8484
Facsimile No.:(213)626-0078
ATTEST:
City Clerk
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EXHIBIT A
DEPICTION OF THE PROPERTY
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EXHIBIT B
PROCEDURES FOR CONDUCT OF CONTRACTORS
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~\
,,'\\\,(Palos Verdes Shores
',,~~,2275 W.25th Street·San Pedro·CA 90732·Phone (310)547-4403 •Fax (310)547-4405
Procedures for Contractors,Vendors &Dealers
Working for Residents Within the Community
Dear Contractors,Vendors and De~lers:
We appreciate the work you are doing in our Community.In order to insure a good relationship
with all of our residents,we request that all contractors,vendors and dealers (hereinafter
collectively referred to as contractors)please follow these guidelines while working in our
Community.The hours of work and these guidelines are subject to change,so please contact
Community Management before beginning any work.
Dealers:Please be aware that we have additional guidelines for new homes and that
homesites require landscaping in accordance with our Rules &Regulations.
1.Work Hours at this Community are limited to:
Monday thru Friday 8:00 am to 5:00 pm
Saturdays 9:00 am to 5:00 pm
Sundays &Holidays NO WORK IS ALLOWED (except in the case of an emergency).
Our list of Holidays is:January 1st,President's Day,Memorial Day,Independence Day,
Labor Day,Veteran's Day,Thanksgiving Day and the Friday after Thanksgiving,
December 24 t\December 25 th and December 31 st •Ifa Holiday falls on a Saturday,then
the preceding Friday will be considered the Holiday date.If a Holiday falls on a Sunday,
then the following Monday will be considered the Holiday date.
2.No heavy equipment (bulldozers,bobcats,heavy dump trucks or large dumpsters)
allowed without first obtaining permission from the Community Manager.
3.Contractors must llnload equipment and supplies they will be using and move their
vehicles to visitor parking.Unless approved in advance in writing by management,no
parking is allowed on Community streets.
4.All building material must be hauled away at the completion of the job.No building
materials or debris can be put into our dumpsters.Building materials cannot be stored,
even temporarily on the streets.
5.No loud radios or music,or excessive or constant tool noise.
6.Work must be finished within 90 days of start of project unless extended by management.
7.Homesites must be kept clean every day as work is being done.
8.Please do not place materials or debris on neighboring homesites and please do not
walk/park on neighboring homesites/driveways.
9.Contractors cannot use the utilities from neighboring homesites for any work they do in
the Community.
10.Please keep our streets clean at all times.If your work causes mud or other debris to
build up on the streets,please contact the Managers for advice on how to clean the
streets.
(over)
Proud to be a part ofthe Vedder Communities
Rancho AI/paz San Ju,"Cajlistrano
Alta Laguna Rancho Cucamoroa
Rancho Caballero R"'-
The Colony Omard
Heritage Temecula
Friendly Village La Habrn
Lakefronl Lakaside ~Napa Valley N..,.Royal Palms ea_1 City Vista Del Lago Scotts ValleyL~monWood V,"tu",~Palos Verdes Shores San PBd'o Friendly Village Simi Vallay Friendly Village Wast Covina
Fnendly Village Modes"Pembroke Downs Chino Vallecito Nawl>s'Y p"",Victor Villa ,"clorvil~C-14
11.No washing of cement or paints into streets.
12.Contractor and contractor's ,employees shall wear shirts,pants or shorts,and shoes at all
times.
13.It is the resident/contractor's responsibility to make sure that work is done according to
all applicable laws,including Title 25 of the California Code of Regulations and that all
appropriate and required permits are obtained from governmental agencies including the
California Department of Housing and Community Development.
14.No one should ever work on any of the Community's utility systems,including the
electrical pedestal,and the water and gas riser and related devices,including the wiring of
"pigtails"bypassing the electrical meter.
15.IfY9U have any questions,please contact the Community Manager.
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