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C10-18 - Agreement Consenting to Joint Use of City EasementRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Director of Public Works City of Beaumont DOC ## 2010 - 0399206 08/23/2010 08:00A Fee:NC Page 1 of 7 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 111111 1111111 IN V 550 East Sixth Street S R U PAGE1 SIZE DA MISC LONG RFD COPY Beaumont, California 92223 M A L 465 426 PCOR NCOR SMF NCH EXAM T: CTY 00 NO RECORDING FEE REQUIRED PER GOVERNMENT CODE §27383 ooa AGREEMENT CONSENTING TO JOINT USE OF CITY EASEMENT THIS AGREEMENT is made and entered into this 15th day of June, 2010, by and between the City of Beaumont ( "City ") and the Beaumont - Cherry Valley Water District, a public agency ( "District "), with reference to the following facts: A. The City is the owner of a recorded easement across certain real property in the City of Beaumont, a true and correct copy of which is attached hereto as Exhibit "A" and made a part hereof ( "City's Easement "). The City operates and maintains a sewer pipeline within the City's Easement. B. The District desires to construct and operate a 16" recycled water transmission main within the City's Easement ( "District Pipeline "). C. The City is willing to consent to the joint use of the City's Easement on the terms and conditions set forth below. IN CONSIDERATION OF THE FOREGOING FACTS AND THE MUTUAL COVENANTS OF THE PARTIES, THE CITY AND THE DISTRICT HEREBY AGREE THAT: 1. Consent to Common Use of City's Easement. The City hereby consents to the construction, reconstruction, operation, maintenance and use of the District Pipeline by the District in, along, over, across and under the City's Easement and grants to the District the privilege of necessary ingress to and egress from the District Pipeline. 2. Priority of Right. The District acknowledges the City's title to the City's Easement in the area of common use and the priority in time of the City's title over the title of the District therein. The City has, and reserves, the right to use, in common with the District's use of the District Pipeline, the area of common use for all purposes for which the City's Easement was acquired, without need for any further permit or permission from the District. 3. Notice of Work and Provision of Plans. Each party proposing surface or subsurface installations and/or work in the area of common use shall furnish to the other party full and complete plans and specifications for such proposed installation and/or work. The party proposing such installation and/or work shall give prior written notice to the other party no less than 30 days prior to the commencement of any surface or subsurface work in the area of common use and the location of the work to be done. Emergency work in the area of common use is exempt from this paragraph. 4. Notice. All notices required to given or made or which may be given or made by either party to the other shall be deemed to have been duly given and made when served and delivered by any reasonable and appropriate means including, without limitation, by first class mail, overnight delivery, fax or e -mail and addressed as provided below. Each party may change its contact information by providing written notice to the other party. Notices to City shall be addressed and served as follows: City of Beaumont Attention: Director of Public Works 550 East Sixth Street Beaumont, California 92223 Telephone: 951- 769 -8520 Facsimile: 951- 769 -8525 951- 769 -8526 E -mail: cit yhal1L'tr�ci.bcaLuiuoiit.ca.us Notices to the District shall be addressed and served as follows: Beaumont - Cherry Valley Water District Attention: General Manager 560 Magnolia Avenue Beaumont, California 92223 Telephone: 951- 845 -9581 Facsimile: 951- 845 -0159 E -mail: bcvwdos@hotmail.com 5. Interference. In the event that the construction, operation or maintenance of one party's ( "Former ") facilities necessitates a rearrangement, relocation, reconstruction or removal of any of the other party's ( "Latter ") facilities in the area of common use: a. The Former shall notify the Latter in writing of such necessity and agrees to reimburse the Latter on demand for the Latter's costs incurred in complying with such notice; PA b. The Latter shall provide the Former with plans of the Latter's proposed rearrangement, relocation, reconstruction or removal and an estimate of the costs thereof, C. Upon approval of such plans by the Former, and unless the parties agree otherwise, the Latter shall promptly proceed to effect such rearrangement, relocation, reconstruction or removal; and d. The Latter shall make adequate provision for the protection of the Former's facilities. e. If it is necessary to relocate a party's facilities outside of the areas of common use, the parties shall: (1) Enter into a form of agreement for joint use substantially similar in form and content to this Agreement for Joint Use covering the new location; and (2) Provide executed document(s) granting a good and sufficient easement necessary to replace a former easement or any part thereof, at no cost to the grantee. 6. Obligation to Obtain Good Title. It is understood and agreed that this Agreement is subject to all valid and existing prior or superior easements, licenses, leases, encumbrances, contracts, claims of title or any interests thereof which may affect the property referred to herein, and the District is obliged to make separate arrangements with the holders thereof. The City shall not be obligated by any provision herein to acquire any interest in real property for the District. 7. Indemnification. The parties each agree to indemnify, defend and save the other free and harmless from and against any and all loss or damage of any kind or nature whatever to persons or property, including death of any person or persons, resulting in any manner, directly or indirectly, from or in connection with the use of the area of common use for their respective purposes. Further, the District shall indemnify, defend and hold the City harmless from and against any and all liabilities arising from cross - contamination of the District's recycled water resulting from a break in the City's sewer pipeline as a result of vandalism or a natural disaster, such as an earthquake, flood or tornado. 8. Reimbursement of Additional Costs and Expenses. In the event the City incurs any additional cost or expense in the maintenance of its sewer pipeline which the City would not have otherwise incurred but for the District's recycled water pipeline, which costs and expenses could not have been reasonably avoided by the City or its contractors, the District shall reimburse the City for such reasonable costs and expenses upon receipt of a invoice, which invoice shall be supported by documentation such as contracts, purchase orders, bills of sale and invoices for services rendered in connection with such work. 9. No Modification of Easement. Except as expressly set forth herein this Agreement shall not alter, modify or terminate any provision of the City's Easement. Both City and the District shall use the area of common use in such a manner as not to interfere unreasonably with the rights of the other. 10. Binding Effect. This Agreement shall bind and inure to the benefit of the respective successors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate by their duly- authorized respective officers. Dated: 6-)1—/0 CITY OF BEAUMONT Y By x 6 Mayor BEAUMONT - CHERRY VALLEY WATER DISTRICT Dated: r /v By /'( President, Board of Directors 4 LEGEND "A" = INSTRUMENT #2009- 26497, REC. 619312009 "B" = INSTRUMENT #2009- 264976, REC. 611312001 "C" = INSTRUMENT #2000 - 059573, REC. 219712000 EXISTING CITY SEWER BETWEEN VIELE SHEET CITY OF BEAUMONT AND OAK VALLEY PARKWAY SCALE: I"=800' DRAWN BY: TJ DATE: 06 -28 -10 JOB# ULC -04 -051 OF 1 SHEETS ACKNOWLEDGMENT State of California County of K ( L-)p r s j e On -7-0i-to before me, 11r,/- n J b ll c. (insert name and title ef the o cer) personally appeared �:) I G , (- (" 1 , ..Tt`�c; 11 who proved to me on the basis of satisfactory evidence to be the person() whose name Wpm subscribed to the within instrument and acknowledged to me that he /$404e r executed the same in his/tW/authorized capacity(hp, and that by his/W tf signature(#on the instrument the person or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r : - -. JAMIE E. U COMM. # 1/ 11492 NOTARY PUBLIC - CALIFORNIA / RIVERSIDE COUNTY O !/ COMM Signature (Seal) . EXPIRES AUG. 29 2012 ACKNOWLEDGMENT State of California County of i � Id �' ) ` j N c'21a.� 'Flu-6k- On 1-1 - 9-o I o before me, ka-�� rl t , j� (insert name and title of the officer)) _ personally appeared t�� Y� I l Y� I � Ft 12 c. who proved to me on the basis of satisfactory evidence to bet the person( ,s'j whose name is/a/6 subscribed to the within instrument and acknowledged to me that he /sh #tho executed the same In his /hor/th it authorized capacity(ieA, and that by his /hg(r/t"Lir signatureo on the instrument the person( , or the entity upon behalf of which the person( acted, executed the instrument. Y' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KAREE TRINIDAD Commisslon # 1734004 • Notary Public - California z Riverside County % MVComm. Etna NAW22, 2011 Signature -- u "��`�� (Seal) Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority Beaumont Charitable Foundation Beaumont Conservation Authority 550 E. 6"' Street, Beaumont, California Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, July 6, 2010 CLOSED SESSION No Reportable Action Taken Closed Session to begin at 5:00 p.m. Place: City Manager Conference Room Roil Call: Mayor De Forge, Mayor Pro Tern Berg, Council Member Fox, and Council Member Gall were present. a. Pursuant to Government Code Section 54957.6, Conference with Labor Negotiator — City Negotiator as Personnel Director Alan Kapanicas Employee Organizations and Staffing b. Pursuant to Government Code Section 54956.8 Conference with Real Property Negotiator C. Pursuant to Government Code Section 54956.9(a) - Anticipated Litigation — Conference with Legal Counsel — Existing Litigation(Govemment Code 54956.9) 1. Peters vs. City — Case No. RIC 467388 2. Western Riverside Council of Governments vs City of Beaumont RIC 536164 3. Coronado vs. City RIC 10001628 & RIC 516461 4. Moore vs. City RIC 540267 5. Cashmer vs. RIC 541427 REGULAR SESSION Regular Session to begin at 6:00 p.m. Place: Civic Center, Room 5 Roll Call: Mayor De Forge, Mayor Pro Tern Berg, Council Member Fox, and Council Member Gall were present. Invocation: Pastor Marc Stamper — Pure Rock Church Pledge of Allegiance: Mayor Pro Tern Fox Presentation: Proclamation for Larry Dressel Swearing in of Paul St.Martin Adjustments to Agenda: None ORAL AND WRITTEN COMMUNICATIONS: Vanessa Dominguez — Running for Miss Teen California Kay Burton — Would like to know if the Beaumont Cherry Valley Water District is run by the City. 1. COUNCIL REPORTS (This is the portion of the agenda where the city council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor De Forge - Beaumont Coyotes Baseball, July 4th Celebration, Mega Mixer, Meeting with Homeowners at Stetson. b) Mayor Pro Tern Berg — July 4th Celebration, RTCT Update, Joint Committee Meeting with Parks and Recreation, School District and City. C) Council Member Fox -July 0' Celebration d) Council Member Gall — Cherry Festival, July 4th Celebration e) Council Member St. Martin — Cherry Festival Parade, Rotery Booth, WRCOG, Good Morning Breakfast, Calimesa Mega Mixer, Chamber of Commerce Market Night, July 4th Celebration 2. CITY MANAGER REPORTS (City of Beaumont Core Values: Treat everyone right; Keep a customer service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change) a. Community Information and Local Project Update 1) Sustainability Update a) 2010 Census Update b) 41h of July & Concerts in the Park Update C) Pass to Class — August 6, 2010 2) Financial Update a) Sale Tax Update b) Budget PowerPoint on the Webpage 3) Project Update a) Beaumont Cares 1) City Signs 2) National Night Out — August 3, 2010 3) Citizens Academy 4) The RIGHT Way to School b) Fourth Street — Sidewalks, Fences, Roads C) Update on Shane Lane walking path d) Stop Signs at 110 and Oak Valley Parkway b. Calendar of Events 1) Concerts in the Park Series (Stewart Park — 9th and Maple.) a) July 4, 2010 - Papa Doo Run Run — 5 p.m. b July 7, 2010 - Dennis De Young - 7p.m. C) July 21, 2010 — LeAnn Rimes — 7p.m. d) July 28, 2010 — Joan Jett and the Black Hearts — 7p.m. e) August 4, 2010 — Michael McDonald — 7p.m. 2) July 12, 2010 — Yucaipa's Transit Center Grand Opening 3) July 16, 2010 — Star Party 4) August 7, 2010 — MDA Rummage Sale — Beaumont Civic Center 8am -1 pm 5) September 6, 2010 — Jerry Lewis MDA Telethon 6) September 11, 2010 — United Way Day of Caring 7) September 15 — 17, 2010 - League of CA Cities Annual Conference 8) Second and Third Wednesday of Each Month — Story Time Cafe C. Rumor Control, and Report on Oral and Written Communications 3. CONSENT CALENDAR (This portion of the Agenda is for items that do not require a public hearing or discussion.) a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary b. Approval of the Minutes of the City Council Meeting June 15, 2010 C. Approval of the Warrant List for July 6, 2010 d. Adoption of Ordinance No. 964 at its second reading by title only — An Un- codified Ordinance of the City Council of the City of Beaumont, California, Adopting a Zone Change to Change the Zoning for a 7.77 Acre Area of Land from R -SF (Residential Single Family) to M (Manufacturing) (09- RZ -01), Location: South of Fourth Street, West of Olive Avenue, East of Elm Avenue, and North of Second Street (418- 110 -007, 008, 013, 014, 015, 015; 417- 130 -006, 009, 013, 016) e. Denial of Claim — Robert Lovato f. Approval of Retainer Contract Renewal with Economic & Politics, Inc. (Dr. John Husing) g. Exoneration and Acceptance of Improvements for Bond No. 104546454 -M for Tract No. 31519 -2 Street & Sewer Improvements — Meritage Homes in the Seneca Springs Development h. Adoption of Resolution No. 2010 -20 — A Resolution of the City Council of the City of Beaumont, California Establishing a Schedule of Fees to be charged by the Planning, Engineering and Public Works Department for Various Services and Rescinding Resolutions in Conflict Herewith i. Approval of Increase in Waste Management Trash Collection Commercial Rates j. Approval of Task Order #3 for Maximum Benefit Monitoring and Reporting in the Beaumont and San Timoteo Management Zones; Approval of Project Progress Report, and authorize the Mayor to execute. k. Adoption of Resolution No. 2010 -21 — Establishing the Local Golf Club Access Program; Cooperative Agreement between the City of Beaumont and Oak Valley Golf Club and Approval of Cooperative Agreement for Recreational Services 1. Approval of Agreement Consenting to Joint Use of City Easement by Beaumont Cherry Valley Water District. M. Approval of Acoustic Treatment of CRC Gymnasium in the amount of $23,940.25 for materials. n. A Cooperative Agreement between the City of Banning, the City of Beaumont, and the County of Riverside to share the staffing cost of E20 (Fire Station) o. Approval of Agreement to Provide Animal Care Field Services. p. Approval of Letter Opposition- State of California Budget Item: 0250 — Local Parking Citation Surcharge q. Approval of donation to Vanessa Dominguez for entry fees not to exceed $1,130 to the Miss California Teen USA 2011 Pageant. r. Adopt Resolution No. 2010 -22 — A Resolution of the City Council of the City of Beaumont, California, Ordering the Collection of Nuisance and Building Abatement Charges and Directing the County Auditor to Collect such fees on the Tax Rolls. Recommendation: Approval of the Consent Calendar as presented. Request from Mayor DeForge for Item 3.d to be pulled from the Consent Calendar. Motion by Council Member Fox, Seconded Council Member Berg to approve the Consent Calendar with the exception of Item 3.d. Vote: 5/0 Mayor De Forge recused himself from item 3.d and left the dais. Motion by Council Fox, Seconded by Council Member St. Martin to approve item 3.d as presented. 3/1 (Council Member Gall voted no) Mayor De Forge returned to the dais. 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS (This portion of the Agenda Is for items that require a public hearing, discussion, and /or Council direction.) a. Ordinance No. 971 — An Ordinance of the City Council of the City of Beaumont, California, Adding chapter 5.70 to the Beaumont Municipal Code Entitled "Medical Marijuana Regulations" Recommendation: Open Public Hearing, Take Testimony, and Approve the 1St reading of Ordinance No. 971 as presented. Staff Report was given by Frank Coe, Police Chief. Open Public Hearing 7:31 p.m. No Speakers Council Member Fox called for questions on the Ordinance. Council Member Gall seconded. Council Member Berg offered a motion that we continue the item until Mr. Aklufi returns. Council Member Fox seconded. Council Member Gall was opposed to that. The Mayor called for a vote. With a first and a second to continue, Council Member Fox withdrew the call to question. Council Member Gall stated that she did not withdraw her second on the call to question. Council Member Galls call to question became a first. There was no second to Council Members Galls call to question. Motion by Council Member Berg, Seconded by Council Member Fox to Continue to the next regular meeting of August 17, 2010 at approximately 6 p.m. Vote 3/2 (Council Members. Vote 3/2 (Council Members Gall and St.Martin voted no) b. Appointment of one (1) Planning Commissioner to fill un- expired vacancy Recommendation: Hold interviews, Name and Swear in Planning Commissioner Staff report was given by Alan Kapanicas, City Manager Motion by Council Member Fox, Seconded by Council Member St.Martin to appoint Emanuel Salinas to fill the unexpired vacancy on the Planning Commission. Vote: 5/0 C. Consideration of Contribution to the Banning Chamber of Commerce Scramble (taking place July 31- August 1, August 14 -15, and August 21 -22) Recommendation: Review and Direct staff Speakers: Jim Smith Motion by Council Member Berg, Seconded by Council Member Berg to contribute $7,500 to the Banning Chamber of Commerce Scramble with Mr. Smith returning to the next meeting for an update on the event. Vote: 5/0 d. Designation of Voting Delegates and Alternates for the League of California Cities Annual Conference — September 15 —17, 2010 Recommendation: Appoint one Council Member as a Delegate and one Council Member as Alternate. Council Member Gall was appointed as the Delegate and Council Member St. Martin was appointed as the Alternate. Adjournment of the City Council Meeting at 7:55 p.m. Res ct6 y Submi Alan Kapani s City Manager