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Home My WebLink About1997-303 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 97-303 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CO-OPERATIVE AGREEMENT WITH THE VESPAR DEVELOPMENT COMPANY RELATING TO THE CONSTRUCTION OF A PEDESTRIAN WALKWAY ACROSS BALDRIDGE CREEK IN CONNECTION WITH DEVELOpMENT OF TRACT NO. 10302. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Co-operative Agreement with the Vespar Development Company, relating to the construction of a pedestrian walkway across Baldridge Creek in connection with development of Tract No. 10302. A copy of said Agreement is attached hereto, narked Exhibi t "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. This agreement, and any amendment or modifications thereto, shall not take effect until fully signed and executed by all parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute resolution. I I I I I I I I I I I I I I I I / I I I 09-08-97 it within sixty (90) days of the passage of this RES81-3~UTHORIZING EXECUTION OF CO-OPERATIVE AGREEMENT WI~H TIjE VESPAR DEVELOPMENT COMPANY RELATING TO CONSTRUCTION OF A PEDESTRIAN WALKWAY ACROSS BALDRIDGE CREEK. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a joint regular meeting thereof, held on the 6th day of October , 1997, by the following vote, to-wit: 4 5 6 7 8 9 Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x ARIAS x OBERHELMAN x 10 DEVLIN x 11 ANDERSON 12 MILLER 13 14 15 16 day of x x ~k'~k The foregoing resolution is hereby approved this f4 October , 1997. 17 18 19 ~ J/uM . Tom Minor, Mayor Ci ty of San Bernardino Approved as to form 20 and legal content: 21 James F. Penman City Attorney - 2 - lil.. . . 97-303 C 0 - 0 PER A T I V E A G R E E MEN T ------ CONSTRUCTION OF PEDESTRIAN ACCESS ACROSS BALDRIDGE<:REEK - TRACT NO. 10302 ILLT.HIS AGREEMENT is made and entered into this 9-iJ.. day of fYCUJWJi./ , 1997, by and between the CITY OF SAN BERNARDINO, a municipal corporation of the State of California, hereinafter referred to as "CITY," and the VESPAR DEVELOPMENT COI1PANY, hereinafter referred to as "SUBDIVIDER." WITNESSETH: WHEREAS, Piedmont Drive is shov/n on the City's Circu- lation Element in the General Plan as a collector street; and WHEREAS, Piedmont Drive has been completed, except for the section west of Palm Avenue; and WHEREAS, Tentative Tract No. 10302 was approved by the Mayor and Council, at their meeting of 8-18-97, on the 8.5 acre parcel west of Palm Avenue, and north and south of the alignment of piedmont Drive; and WHEREAS, Tentative Tract No. 10302 was approved subject to the condition that a pedestrian walkway be constructed across Baldridge Creek, and the General Plan amended to delete piedmont Drive from the Circulation Element; and WHEREAS, CITY has allocated the the City's share of constructing the connection with the development of Tract amount of $75,000.00 pedestrian walkway No. 10302; and as in WHEREAS, CITY and SUBDIVIDER desire to stipulate the duties and responsibilities of each party relative to the construction of a pedestrian walkway and emergency access across Baldridge Creek. NOW, THEREFORE, the parties agree, as follows: 1. SUBDIVIDER shall: a. Proceed to construct a pedestrian walkway and emergency access across Baldridge Creek, including sidewalk, drainage culverts, sewer and erosion control landscaping, in accordance with plans approved by CITY's Director of Public Works/Ci ty Engineer. This pedestrian walkway and emergency access will be constructed in connection with development of Tract No. 10302. EXHIBIT "A" . . . 97-303 CO-OPERATIVE AGREEMENT: Construction of Pedestrian Walkway Across Baldridge Creek b. Upon completion of the pedestrian walkway and emergency access across Baldridge Creek, submit a certification to CITY that all work has been completed along with a request for reimbursement of the CITY's contribution of $68,000.00. c. Finance all costs for the construction of a pedestrian walkway and emergency access across Baldridge Creek in excess of the CITY's contribution of $68,000.00. 2. CITY shall: a. Pay the amount of $68,000.00 to SUBDIVIDER within thirty (30) days of receipt of a certifi- cation that all work has been completed, and a request for payment of CITY's contribution. 3. IT IS FURTHER AGREED THAT: a. The SUBDIVIDER agrees to indemnify, and hold harmless the CITY and its officers, agents, and volunteers, from any and all claims, actions or losses, damages, and/or liability which may arise from the SUBDIVIDER's negligent perform- ance of its obligations under this agreement. b. CITY agrees to indemnify, defend and hold harmless the SUBDIVIDER and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of its obligations under this agreemen"t. c. In the event the SUBDIVIDER and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the agreement, the SUBDIVIDER and/or CITY shall indemnify the other to the extent of its comparative fault. d. Furthermore, if the SUBDIVIDER or CITY attempt to seek recovery from the other for \'Iorkers' Compensation benefits paid to an employee, the SUBDIVIDER and CITY agree that any alleged negligence of the employee shall not be construed against the employer of that employee. - 2 - " 97-303 CO-OPERATIVE AGREEMENT: Construction of Pedestrian Walkway Across Baldridge Creek e. This agreement shall terminate upon completion of the project and payment of final billing by the CITY for its share of the project. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITNESS WHEREOF, agreement to be executed by duly authorized. the parties hereto have caused this their respective officials thereunto VESPAR DEVELOPMENT COMPANY CITY OF SAN BERNARDINO By v~~.~er ~~ By /8n1 , Mayor ATTEST: ~ Clark, City Clerk Approved as to form and legal content: James F. Penman City Attorney /1 '!~7(~ - 3 -