07-16-10 BPU RPT 11 - Laserfiche WebLink

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W A F E R . E N E R G Y : t I f E RIVERSIDE PUBLIC UTILITIES P i T i i i E $ Board Memorandum BOARD OF PUBLIC UTILITIES DATE: July 16, 2010 ITEM NO: 11 SUBJECT: SIXTH AMENDMENT TO AGREEMENT FOR OPERATION OF GAGE CANAL FACILITIES ISSUE: Consideration of the Sixth Amendment ("Amendment") to the Agreement for Operation of Gage Canal Facilities ("Agreement") whereby maintenance and operational responsibilities for seven segments of the Gage Canal ("Canal") right-of-way will be transferred from the Gage Canal Company ("Gage")to the City of Riverside ("City"). RECOMMENDATIONS: That the Board of Public Utilities recommend that the City Council approve the Sixth Amendment to the Agreement BACKGROUND: The City,through its Public Utilities Department, owns the Canal facilities, including the right-of-way property adjoining the Canal. The City and Gage are parties to the Agreement whereby Gage is responsible for the supervision, operation, and maintenance of the Canal facilities, as well as any real property associated with the Canal. The Agreement has been modified five times to transfer maintenance responsibility for certain Canal right-of-way segments from Gage to the City. The proposed Amendment will transfer maintenance responsibility for seven additional segments of Canal property to the City. The City routinely makes improvements along portions of the Canal as part of street improvement projects and/or pedestrian and bikeway trails. Ultimately, City responsibility for maintenance of the improvements is memorialized in amendments to the Agreement. Most recently, the Utility completed the Gage Canal Landscape Improvement Project, parallel to Fairview Avenue,westerly of Alessandro Blvd. City maintenance responsibility for these most recent improvements, as well as previous improvements, needs to be incorporated into the Agreement. While the Amendment releases Gage from its liability and maintenance responsibilities, transferring those responsibilities to the City for the seven segments identified below, it is noted that Gage will retain responsibility for all Canal and underground facilities, including pipeline maintenance, repair or other work as required. The Public Works Department will continue to maintain the existing landscaping along Segment 2. The Parks, Recreation and Community Services Department will assume maintenance responsibilities related to Segments 1 and 6. Public Utilities will continue to maintain other portions of the non-landscaped right-of-way for Segments 3, 4, 5 and 7. Improvements along Segment 3 are planned for Fall 2010.