HomeMy WebLinkAboutSCVWD - Operation and Maintenance of Landscaping on Uvas Creek
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Santa Clara Valley Wder Distrid
AN AFFIRMATIVE ACTION EMPLOYER
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5750 ALMADEN EXPRESSWAY
SAN JOSE, CALIFORNIA 95118
TELEPHONE (408) 265-2600
March 6, 1989
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Attention Mr. William A. Headley, Parks Superintendent
Ladies and Gentlemen:
Subject:
Agreement No. A1013 - Operation and Maintenance of Landscaping on
Uvas Creek, Project No. 5018
Enclosed are two signed counterpart originals of the subject Agreement which was
approved by the Board of Directors of this District on February 28, 1989.
After the Agreement has been signed and dated by your agency, please send one fully
executed copy to me.
Sincerely yours,
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Susan A. Pino
Clerk/Board of Directors
Enclosures
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SCVl4D #A 1 01 3
AGREEMENT BETWEEN THE CITY OF GILROY
AND SANTA CLARA VALLEY WATER DISTRICT
LANDSCAPE MAINTENANCE WORK FOR THE UVAS CREEK AREA
FROM THOMAS ROAD TO SANTA TERESA BOULEVARD
This Agreement is made and entered into between SANTA CLARA VALLEY WATER
DISTRICT, a public corporation, whose address is 5750 Almaden Expressway, San
Jose, California, 95118, hereinafter called "DISTRICT", and the CITY OF GILROY,
a municipal corporation, whose address is 7351 Rosanna Street, Gilroy,
California, 95020, hereinafter called "CITY".
RECITALS
A. DISTRICT is the owner of certain easements generally located in and
adjacent to Uvas Creek between Thomas Road and Santa Teresa Boulevard, in CITY,
as more particularly shown on the map attached hereto as Exhibit A and made
a part hereof, which easements cover areas of CITY lands devoted to recreational
and park uses.
B. It is the intention of this Agreement to provide for landscape and
flood control maintenance work on this site (hereinafter "the property") and
to assign the responsibility for performing the work and for paying the cost
thereof.
AGREEMENT
1. CITY shall, at its cost, provide for landscape maintenance of the
property. The landscape maintenance tasks contemplated by the parties include
such tasks as litter control, pruning, watering, fertilizing and plant
replacement and such other tasks as may be specified by the U. S. Army Corps
of Engineers (Corps) in an OPERATIONS AND MAINTENANCE MANUAL for the property.
Landscaping shall be managed as natural streamside habitat after it becomes
established on the waterward side of the levee, and be consistent with resources
management practices in the Uvas Park Preserve Master Plan adopted in October
1983.
2. DISTRICT shall, at its cost, provide for maintenance of the flood
control works heretofore installed by the Corps on the property all as may be
required by said OPERATIONS AND MAINTENANCE MANUAL prepared by the Corps for
the property.
3. DISTRICT hereby indemnifies and will defend and hold harmless CITY
from and on account of any liability or claim, arising out of any negligence,
willful or intentional acts or omissions of any agent, officer or employee of
the DISTRICT while performing under the terms of this Agreement.
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4. CITY hereby indemnifies and will defend and hold harmless DISTRICT
from and on account of any liability or claim arising out of any negligence,
willful or intentional acts or omissions of any agent, officer or employee of
the CITY while performing under the terms of this Agreement.
5. This Agreement can be terminated by either party, effective July 1
of any contract year, upon not less than three (3) months' written notice of
termination. No termination shall become effective upon a date other than
July 1 of the contract year without the express written consent of both parties.
6. All notices and communications required herein shall be in writing
and addressed to other party as follows, unless expressly changed in writing:
TO "CITY": City of Gilroy
Parks Superintendent
7351 Rosanna Street
Gilroy, CA 95020
TO "DISTRICT": Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
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7. This Agreement is dated
, 1989.
"CITY":
"DISTRICT":
CITY OF GILROY,
SANTA CLARA VALLEY WATER DISTRICT,
a public corporation
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By: ~~-V ~ FEB 28 1!ll!I
Gf\! eral Manager
APPROVED AS TO CONTENT:
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APPROVED AS TO FORM:
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General Counsel
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