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Home My Public Portal AboutRES-CC-2014-52Resolution #52-2014 APPROVING A LANDSCAPE MAINTENANCE AGREEMENT FOR LIONS PARK BY AND BETWEEN THE UTAH DEPARTMENT OF TRANSPORTATION AND THE CITY OF MOAB Whereas, the governing body of the City of Moab desires to enter into a Landscape Maintenance Agreement with the Utah Department of Transportation for the Lions Park Improvement Project; and Whereas, the Agreement has been presented to this meeting of the City Council; NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE AGREEMENT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID AGREEMENT. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 25th day of November, 2014. Mayor Attest: Rachel E. Stenta_ - City Recorder -: 7 Resolution #52-2014 Page 1 of 1 LANDSCAPE MAINTENANCE AGREEMENT LIONS PARK THIS AGREEMENT made and entered into this day of No v,e,„A..6.R.,_ at 5 , 2014 by and between the UTAH DEPARTMENT OF TRANSPORTATION, hereafter referred to as UDOT and the CITY OF MOAB, a Municipal Corporation of the State of Utah, hereinafter referred to as the CITY. RECITALS WHEREAS, UDOT has right-of-way on US-191 and SR-128 at Lions Park, and said right of way is appropriate for the location of landscaping improvements; and WHEREAS, CITY wishes to install and maintain landscape features along said right-of-way; and WHEREAS, the parties hereto desire to enter into a maintenance agreement covering the landscaping improvements to be located in said right-of-way, as shown on the attached plans which by these references are made a part of this Agreement; and WHEREAS, this Agreement is made to set forth the terms and conditions under which said landscape features shall be installed and maintained. AGREEMENT NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. UDOT will allow the CITY access on State right-of-way at Lions Park, located on the northeast side of the intersection of US-191 and SR-128 and approximately Mile Post 0.0 on SR-128 in Moab; including, gore and adjacent areas, for the sole purpose of maintaining landscape features and other City improvements (i.e. pruning, mowing, replacing plant material, repair of irrigation systems, decorative stone, erosion control, weed control, litter control, painting, and parking lot maintenance). 2. The CITY or its assigns will have access rights to provide routine care and maintenance of said facilities within UDOT right-of-way as long as work is outside the safety zone (i.e. within the roadway clear zone, which is 14-16 feet for SR-128 and 20-22 feet for US-191 as measured from the painted white line). All work within the right of way requires workers to wear approved Department of Transportation orange clothing or outer wear. Youth volunteer groups between the ages of 16 and 18 are allowed to work within the right of way when adult supervision is provided. Youth under the age of 16 are not permitted to work within the right of way. 3. Any work within the safety zone will be allowed, provided traffic control is implemented according to the MUTCD guidelines. If work will require that lane(s) of traffic will be impacted, the CITY must obtain a permit from UDOT for approval of the traffic control plan in accordance with the MUTCD and applicable rules. 4. The CITY will establish and maintain the trees, shrubs, and irrigation system during the term of this Agreement. If the trees or shrubs fail to survive, the CITY will replant and establish plant materials. The CITY accepts maintenance responsibility for all systems of the project including the clearing of debris, weed control, trash and maintaining drainage. 5. UDOT will remain the owner of the real property on which said landscape facilities are installed. Any significant changes to the landscaped areas will be reviewed and approved by UDOT before work may begin. If UDOT decides to use the right-of-way for any of its projects, the CITY shall remove and/or relocate the landscaping improvements at the CITY's expense and UDOT will not replace or reimburse the CITY for the improvements. 6. The Initial term of this Agreement will be ten (10) years. At the end of the ten (10) year period it will be automatically renewed by five (5) year increments unless written notice of termination is given to UDOT by the CITY at least thirty (30) days prior to expiration of the current term. 7. After thirty (30) days of receipt of written notice to terminate the Agreement of one party to the other party, this Agreement will become null and void. If at such time and if required by UDOT, the CITY will restore the areas of landscape to UDOT standards or pay UDOT to perform this work. S. The CITY and UDOT are both governmental entities as defined in the Utah Governmental Immunity Act (the "Act"). Nothing in this Landscape Maintenance Agreement shall be deemed as a waiver by either or both parties of any defenses or protections provided by the Act. This Agreement shall not be construed, with respect to third parties, as a waiver of any governmental immunity to which a party to this Agreement is otherwise entitled. The CITY agrees to indemnify, save harmless, and release UDOT from and against any and all loss, damages, injury, liability, suits, claims and proceedings arising out of the performance of this Agreement, or which damages, injuries, liability, suits, claims and proceedings, including but not limited to, vehicle damage and/or personal injury as a result of crashes caused in whole or in part by CITY's employees, officers, agents, and contractors, or by improper traffic control that are caused in whole or in part by the CITY's acts, omissions, failure to act, or negligence of the CITY's officers, agents, contractors, or employees, except where the claim arises out of the sole negligence of UDOT. This provision shall survive the termination of this Agreement. 9. This Agreement may be executed in counterparts by the UDOT and CITY. 10. This Agreement shall be governed by the laws of the State of Utah both as to interpretation and performance. 11. This Agreement in no way creates any type of agency relationship, joint venture, or partnership between the CITY and UDOT. 12. This Agreement, together with all exhibits and attachments, constitutes the entire agreement between the parties and supersedes any prior understandings, agreements, or representations, verbal or written. No subsequent modification or amendments will be valid unless in writing and signed by both parties. 13. Each party represents that it has the authority to enter into this Agreement. IN WITNESS WHEREOF, the parities hereto have caused these presents to be executed by its duly authorized officers as of the day and year first above written. 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SKON ONI1NYld 3dYOSCINYI ...+101..ahreVal.41.1111111•IWAIr ?MVO. .-»CY1Y01301Nr am -swig nriv3 elv+xr.ctimul ' VNY 3N.+sauvl W3130 .ou 131,.... 111134AC11Nxs1 s11WUM,IBM30 AVOW* 3215 3115 3s'NM NOVINOO "WN lY' INVIOB N OM 31-103HoS ONI1NYld AZNNIVIn3dd ;.(X ) CP) I Malna�no NOIlVJlaNI 33:, 133.1S _--- enris 300D Alfa i I;,2 :s AaflY ,311,0 31roS ' 11 NAYMU la'SOrI _ 'On IJ3r03d xnanuar CSifrt _ .pn IJrtl:N60 1t310 -66f:cart ''on l3aruee tnfu nOLLeIMDS30 31YD R1rM 3nsv "11...'""".n„ Iff.tte I. 1 Ngnn• Y.»rr+v�1 • mom .um a Pm, 193S 1rnOISS31011e N+g�tA; somnsno.3 S1(1-I15 IIo1Ft 00.1 It. f.aH s 1 In 'tr`.,1 aa{ 't i'sey�..� slt titl»na MP' �. e. a.a t•tot•. anoaD 113Nali30 1n Iron i anti 1,91111 1 1YI1 RtlYe 91011 1 1.141.13 SLON M33N3•J NO0Y911W1 O (]T 311QivS 113M, O.O.1 I 1 w S M p\\ sr,V. -\ — —. -- _- —_7— L—- Ib A \ II ,: \. -,, J j �� \ /� 5 c I�i OO K r b Vas ae� i J`i l;,Z6�1;�b� _ Y ,\ ar N c-bye-4��f '.. / \\\ ( _ �' ��, ^r p �%. �� f r4 tY �,e - -q I p, .1 1 . • I}II i» 167 � ` Sp'Nj— i 1 s , . 1 11 . „ o-_ -� `y@ r, (�.� 'rc'i J..t --0 +A 1 O —"' Y— qk AIVVV • l�• 1 AGENDA SUMMARY MOAB CITY COUNCIL MEETING November 2S, 2014 Agenda item #: 7-8 Title: Resolution #52-2014: Approving a Landscape Maintenance Agreement for, Lions Park by and between the Utah Department of Transportation and the City of Moab Fiscal Impact: The costs associated with this agreement are included with the maintenance costs for Lions Park. Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant/Vendor: NA Background/Summary: As part of the Lions Park improvement project, the City will be installing landscaping in the UDOT right-of-way. An agreement is needed between the City and UDOT providing for the installation and future maintenance of this landscaping. The attached agreement accomplishes this. Options: Approve, Approve with Changes, Deny or Postpone Staff Recommendation: Staff recommends approval of the agreement as presented. Recommended Motion: "I move to approve Resolution #52-2014 as presented." Attachment(s): Landscape Maintenance Agreement si