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HomeMy WebLinkAboutContract 1073-1 1 - � • Edom Hill Transfer Station City Mitigation Agreement Amendment No. 1 The City of Cathedral City (herein called "CITY") and the County of Riverside (herein called "COUNTY") previously entered into an agreement on November 5, 2002, to resolve matters related to issues surrounding the Edom Hill Transfer Station and related improvements (herein called"Project"). WHEREAS,the Edom Hill Transfer Station became operational on December 1,2004; and WHEREAS, CITY agreed to construct certain improvements within 39 months of the Project becoming operational; and WHEREAS, CITY agreed to construct certain additional improvements within 123 months of the Project becoming operational; and WHEREAS, CITY recognizes that the transfer station has been in operation for 39 months as of March 1, 2008 and that certain roadway improvements scheduled to be completed by the City as of this date have yet to be completed; and WHEREAS, CITY will receive significant ongoing revenue during the life of the Project after improvements are complete that will exceed total improvement costs; and WHEREAS, COUNTY recognizes that tonnage has temporarily declined resulting in less fees being received to date by CITY to complete the remaining outstanding improvements in accordance with the prior schedule; and WHEREAS,COUNTY recognizes that CITY has completed the following improvements: 1) Construction of traffic turn lane pockets including asphalt overlays of entire roadway, at the following locations: a. On southbound Varner Road, onto Date Palm Drive b. On southbound Varner Road, onto Edom Hill Road c. On northbound Varner Road, onto Edom Hill Road 2) Repair/reconstruction of short reaches of structurally damaged roadway along Edom Hill Road 3) Overlay of the entire existing Edom Hill Road with 1.5" asphalt from the East Project boundary to Varner Road, with reconstruction as needed near its intersection with Varner Road NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS: CITY shall: 1. Construct the remaining project related road improvements listed below, on or before the following revised schedule: APR 2 1 2009 /2 r t r a. Within 120 months of the Project becoming operational (December 1, 2014): 1) Signalize the Date Palm Drive and Varner Road Intersection, and 2) Signalize the Edom Hill Road and Varner Road Intersection. b. Within 147 months of the Project becoming operational (March 1, 2017): 1) Construct an approximate 4,700 foot climbing Lane along Edom Hill Road, from Varner Road easterly. Except as specifically modified or amended above, all of the terms, covenants and conditions of said agreement of the 5th of November 2002, shall remain in full force and effect between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement % to be duly executed on "//Z ./, i?pD9 . RIVERSIDE COUNTY CITY OF CATHEDRAL CITY WASTE MANAGEMENT DEPARTMENT 68-700 Avendia Lalo Guerrero 14310 Frederick Street Cathedral City, CA 92234 Moreno Valley, CA 92553 Dated: Z/Zs�o7 Dated: 3 S- O q RECOMMENDED FOR APPROVALBy: er_' a& e,40511 / - Kath ee DeRoi,, Mayor By: i Hans Kernkamp,General Manager-Chief Engineer ATT COUNTY OF RIVERSIDE By: /' I CA;/.-, Cler (Seal) okk P 1 ilk 1 E'1 By: .r.‘a `.4-d11 hai 1 ,t: !':sc6pervisors i , - , ATTEST: KECIA HARPER-THEM Donald E. Bradley, City anager • By: ,.' Clerk of the and By: C171(e4"--------- (Seal) • City Attorney FORM APP-IVE r' OCOUNSEL BY: 1 `.L --- ,*1, , . NE' KIPNI- Ili ' DATE 2 'APR 2 1 2009 /2- /