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HomeMy WebLinkAbout1995-045 01/30/95 1 RESOLUTION NOo 95-45 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPT- ANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY 3 FLOOD CONTROL DISTRICT FOR CONSTRUCTION OF A BRIDGE CULVERT AND OTHER IM- PROVEMENTS, ACROSS A PORTION OF THE DEVIL CREEK DIVERSION CHANNEL AT "H" 4 STREET. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SF.CTTON 1. Thilt the Milyor of till.. City of Siln Bernilrdino is herehy 8 iluthorized ilod directed to execute aod accept on hebillf of sairl City, d 9 Common Use Agreement wi I.h the San Ber'nilrrli nn County F I oorl Control Di s1 ri ct, 10 a copy of which is attached hereto ilnd ineorporilted by refer'enee herein, as 11 fully as thougb set forth in length, marked Exhibit "A", for the constxue- 12 tion of a bridge culvert Oil "H" Street ilnd the Devil Creek Diversion Chilnnel 13 more particularly described in said Common Use Agreement and concerning 1hil1 14 ceI'tain real property in the City of San Bernilrdino, County of San Bernilrdi- 15 no, State of CaJ ifornia, generillly located across a port ion of the Devi 1 16 Creek Diversion Channel right-of-way at the "H" Street crossing. Said City 17 18 consents to the recordation thereof. SECTION 2. The iluthoriziltion to execute the ahovp.-n~ferf:mcerl 19 agreemeot is rescinded if the parti es to the agreement fai 1 to execute j t 20 21 22 23 24 25 26 27 28 within one / / / / / / / / / / / / / / / / hundred twenty (120) days of the pilssage of this resoluUon, 1 . :~;'. il5 ACCEPTANCE AND EXECt''" ra"! OF CO'1'1fJ'; I.'Sf: Ar,RFEMEXT: 'lPTrK;l' CILVERT ,\\'1) liTHE" STREET TMPliOVEMf:NTS - m:vn CRRElI DIVERS WN CH~NNR Ar '.W STIIEET. 1 I HEREIW CEliTIFY thilt Ihe toregn;ng r'eso\1]1 iOIl was ""ly ndnpl.ed hy 2 the Mayor and Common COllnci 1 01 the Ci ty or Sail Ber"lIarrli no at a 3 _."_eg-,:,!~r______meetillg thereof held on lh";lOtl1 day of February 01/30/95 4 1995, by the following vote, to-wit: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNCIL ME~UlERS: NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVI.I N POPE-LUDLAM MILLER The foregoing resolut.ion is __~~~~_u~.:r:x. , 1995. Approved as to form and I ega I cnlll elll : JAMES F. PENMAN, Ci ty Attorney f= /) .'7 t/ By: -' 7- . (",'~ _. ______,....__1_____________ L/ AYES NAYS ABSTA I N ABSENT x x x x x x x _. i?"~__~'_~_n_~ RA~~it.y CI"rk h"reby approved this 22nd of day ~/ /;I , . /L)~7lJlt?$-~ . TOM MINOR, Mayor (~iiy of San Berrlarrlinc) 2 /..~"'_/-,'t:'~ . ..' . .. MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA June 27,1995 FCD, Gen'l. FCD ZN 2-300 Inc. Cities/S.B. Agree. No. 95-577 FROM: KEN A. MILLER, Director T ransportation/Flood Control SUBJECT: AGREEMENT FOR THE USE OF DISTRICT OWNED LAND BY THE CITY OF SAN BERNARDINO FILE: 2-364 RECOMMENDATION: Acting as the governing body of the Flood Control District approve Common Use Agreement with the City of San Bernardino allowing for the operation and maintenance of road improvements on portions of the District's Devil Creek Channel property located in the Northerly portion of the City of San Bernardino. BACKGROUND: The City has been issued a permit to construct various road improvements on "H" Street at its crossing of Devil Creek. This agreement will allow for the ongoing operation and maintenance of and liability for the permitted road improvements. REASON FOR RECOMMENDATION: Board approval is required to effect this agreement. REVIEW BY OTHERS: This agreement was reviewed by Deputy County Counsel Charles S. Scolastico on January 24, 1995, by Risk Management personnel on June 16, 1994 and by Third Supervisorial District staff on June 14, 1995. FINANCIAL DATA: No financial impact to the District will result from this agreement. PRESENTER: Ken A. Miller cc: Flood Control Dist. w/agr. City of S.B. w/agr . c/o FCD Auditor w/agr. Contract Compliance Risk Managerrent PYIG File w/agr. vg 14.9507-00C R<'<.. 10/a1 Action of the Board of Supervisors APPRQVED'ijOARD OF SUPERVISORS .Pt>VNry .OF .SA.NBEFtNARDINO _~;" ..;" .{:'-;'.:>::: t: MOTIOt~<AYa .. AYe .... MOVE \':; ABSENT SECOND j~ . . 2.. 3. '.' 4 5 1::~ :~.', ;_. ,~,";::: c, / r--. EARLEN~i;f.. .'rrRR??~A.,TT':'CCl~RK OfT~.t JiOARD BY 1~".;..~wJf0..1 \'.'- '.:" .... '. - ,.' DATED: JUNE.'a1, :1.995..' ,(,,, ',' .~. . \.> ,'. J. .-'::.- ....; 00 ITEM ~ ~s. 15-'-15 . E New M Change X Cancel County Department FOR COUNTY USE ONL Y Vendor Code Dept. Contract Number SC A '<9S:-<S7? Dept. Orgn. Contractor's License No. Flood Control District Contract Represen~ative Ph. Ext. Amount of Contract SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT -0- Activity GAC/PROJ/JOB Number D29408 Estimated Payment Total by Fiscal Year Amount 110 FV Amount 110 FY Project Name Devil Creek C1lannel at "H" street THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District, hereinafter called the District, and Name C1'I'Y OF SAN HERNARDlliO hereinafter called CI'lY Address _--3.01LNQrth D street __---5arL.BeJ:nanlinQ CA 92418 Phone Birth Date ~_--'9.o9J_3.!H--:51ll f'ederal ID Na. or Social Socurity No. 15.0L-:-l311 IT IS HEREBY AGREED AS FOllOWS: (Use space below and additional bond sheets. Set forth service to be rendered, Bmount to be paid, manner of payment, time for performance or completion, dcterminRtion of satisfactory performance and cause for termination, other terms and conditions, and attach plans. specifications, and addenda, if any.) THIS AGREEMENI', made am entered into this 22nd day of Februarv , 19.1.L, by am between the CI'lY OF SAN BERNARDlliO, a nnmicipal cOl:poration of the state of California, hereinafter referred to as "CI'lY", am the SAN BERNARDINO CXXJNl'Y FIOOD CDNTROL DISTRIcr, a I:xx1y =rporate am politic of the state of California, hereinafter refe=ed to as "DISTRICT". WITNESSETH WHEREAS, CI'lY desires to operate am maintain at no CXlSt to the DISTRIcr, a box culvert crossing of the DISTRIcr'S DEVIL CREEK aJANNEL within DISTRIcr owned larrls am the DISTRIcr desires to operate am maintain at no CXlSt to the CITY a channel crossing of "H" street within CI'lY owned larrls; NOO, 'IHEREFORE, IT IS UNDERSTOOD AND MIJIUALLY AGREED AS FOLT.J:MS: WHEREAS, the DISTRICT is the a.mer of the larrls upon which a portion of a box culvert crossing of DEVIL CREEK ClIANNEL at "H" street has been =nstJ:ucted; WHEREAS, the CI'lY is the a.mer of larrls upon which a portion of DEVIL CREEK ClIANNEL at "H" Street has been =nstnlcted; ~ ":1 :; .if PaGe ~__~______ of 4 I-~-~ ~~ . /. ~ 'Ir ; (~.". ...' , , WHEREAS, both agencies are willin;:J to allow the other agency to effect q;Jeration and maintenance of the facilities on said a~'s prqlE!rt;y, provided that the integrity and fuIrtional capacity of the facilities of the agency ownin;J the right- of -way are not :iJIpaired thereby; WHEREAS, DISTRIcr and CITY willllUltual1y benefit by settin;:J forth herein the rights and responsibilities of each within AREAS OF a:HDiI USE, said AREAS OF a:HDiI USE are shown on Exhibit "A" attached hereto and made a part hereof; NOO' 'IHEREFORE, in cxmsideration of the premises and nutual benefits derived, it is IIUltual1y agreed by and between the parties hereto as follows: A. CITY AGREES: 1. Insofar as to property owned by the DISTRIcr: a. To ackncM1edge DISTRIcr'S title to the right-of-way and facilities in AREAS OF cx:J.lM:)N USE and the priority of DISTRIcr's title aver CITY therein, and further ackncM1edges the right of DISTRIcr, its snooessors or assigns, to use AREAS OF cx:J.lM:)N USE in camllK:ln with CITY without need for any further permit of permission fram CITY, provided, however, that any such use by DISTRIcr shall not errlanger interfere or conflict with CITY'S facilities or their fuIrtional q;Jeration without approval first bein;:J obtained fram the CITY of such plans, which approval shall not be unreasonably withheld. b. 'That prior to future reconstruction of existin;:J facilities, to apply for and obtain written approval fran DISTRIcr of plans incoIpOratin;:J details pertaining to CITY arrljor CITY agent's perfonnance of constnlction activities within AREAS OF cx:J.lM:)N USE. Application for said permission shall be in writin;:J aCCCfl1?'ll1ied by four sets of contract plans and specifications. c. A=ept full responsibility and cost for any and all reconstruction, operation and maintenance of or liability for the box culvert facilities (inc1udin;J all roadway culverts, pipes, and those portions of the box culvert structure, inc1udin;J approaches, sidewalks and other appurtenant works, located above the soffit of the deck structure) . d. To indemnify, and hold hannless the DISTRIcr and their officers, agents, volunteers, and employees from and against any and all claims, deman:Is, loss or liability of any Jdnj or nature which the DISTRIcr arrljor their officers, agents, volunteers or employees may sustain or incur or which may be i.np:>sed upon them for property damage and injury to or death of any persons caused by the CITY'S use of the AREAS OF cx:J.lM:)N USE. 2. Insofar as to the property owned by the CITY: a. To the reconstruction, maintenance, and operation of a channel facility and appurtenances thereto, at no expense to the CITY within the AREAS OF a::to1MON USE and to allow DISTRIcr to cx::cupy and use said AREAS OF a:HDiI USE for flocxi control purposes; provided, however, that no such use, occupancy" reaonstruction or maintenance, shall be effected by the DISTRIcr its suocessors or assigns, in any manner which, in the opinion of the Olief Erl;Jineer of the CITY, may interfere or conflict with any structures, facilities, operation or uses which CITY has or i.nterrls to have upon said lands, without first submittin;:J plans of such occupancy or use to CITY'S Olief Erl;Jineer at least thirty days prior to the date of such interrled ocx:llpancy or use and obtain his written approval therefore, which approval shall not be withheld, if in the Page 2 of 4 ~) l-~ 1('1'> - opinion of the Ollef En9"ineer, the prcpt""'" does not .interfere or =nflict with the CITY'S interests or the purpose of this agreerren1;:. , b. To process any necessa:ry pennit or pennits to m:STRIcr upon prcp3r application by DISTRIcr as provided herein subject to the provisions am oorxlitions of this agreement. c. To submit to DISTRIcr at least thirty days in advance, plans for any proposed road or box culvert, reconstruction or maintenance within AREAS OF cx:MCN USE which may eIDanJer, .interfere, or =nflict with DISTRIcr flood oontrol facilities or their functional operation am obtain written awroval fran the Ollef En9"ineer of DISI'RIcr of such plans. d. Accept full responsibility am cost: for any an all reconstruction, maintenance or operation of the box culvert lyiIg above the plane of the soffit of the deck structure as set forth in paragraph A.1.c. B. DISTRIcr AGREES: 1. Insofar as to the property owned by the CITY: a. To ack:ncMledge CITY'S title to right-of-way am facilities in AREAS OF CXMDN USE am the priority of CITY'S title over DISTRIcr therein, am further ack:ncMledges the right of CITY, its S'lccesSOt:S or assigns, to use AREAS OF o::HofJN USE in CCIl11lOC>n with DISTRIcr without need for any further pennit or pennission fran DISTRIcr, provided, however, that any such use by CITY shall not eIDanJer, .interfere or conflict with the flood control facilities or their functional operation without approval first beiIg obtained fran the Flood Control En9"ineer of such plans, which approval shall not be unreasonably withheld. b. '!hat prior to future reconstruction of the flood control facility to apply for am obtain written approval fran CITY of plans inoorporatiIg details pertaining to DISTRIcr arrl,Ior DISTRIcr'S agent's perfonnance of construction activities within AREAS OF CXX>1MJN USE. Application for said pennission shall be in writiIg accompanied by four sets of contract plans am specifications. c. To indemnify, am hold hannless the CITY, am their officers, agents, volunteers am errq:>loyees fran am against any am all claims, demarrls, loss or liability of any kind or nature which the CITY arrl,Ior their officers, agents, volunteers or errq:>loyees may sustain or incur or which may be imposed upon them for property damage and injury to or death of any persons caused by the DISTRICT'S use of AREAS OF CXX>1MJN USE. 2. Insofar as to the property owned by the DISTRICT: a. To pennit the reconstruction, maintenance, am operation of a box culvert crossiIg am appurtenances thereto, at no expense to the DISTRIcr within the AREAS OF CXMDN USE am to allow CITY am the traveliIg IXJblic to cx:x::upy am use said AREAS OF CXX>1MJN USE for street am highway pw:poses; provided, h~er, that no such use, ocx::upancy, construction, reconstruction or maintenance shall be effected by the CITY, its successors or assigns, in any marmer which, in the opinion of the Ollef En9"ineer of DISTRIcr, may interfere or conflict with any structures, facilities, operation or uses which DISTRIcr has or inten:'ls to have upon said lams, withoo.t first submittiIg plans of such ocx::upancy or use to DISTRIcr'S Ollef En9"ineer at least thirty days prior to the date of such interned ocx::upancy or use am obtain his written Page 3 of 4 . ()h--II~ ,--' -- " approval therefore, 1Nhich approval shall nOt be withheld, if in the opinion of the Chief ErYJineer, the proposal does not interfeJ;e or conflict with the DISl'RICT'S interests or the pw:pose of this 1\greement. \ b. To submit to CITY at least thirty days in advance, plans for any proposed reconstruction or maintenance of DISTRIcr facilities within ARFAS OF CXMDN USE which may en:langer, interfere, or conflict with CITY'S facilities or their functional operation anj obtain written approval fran the CITY of such plans. TIfIS AGREENENT shall inure to the benefit of anj be birrlin3' upon the ~sors anj assigns of both parties. Approved as to fonn and legal content: JA'1ES F. PElMAN, City Attomey By: !k/?Y1r~;; (/ /) I) ~ ~,...,-<--- By SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT I>- Chairman, Board of Supervisors JUM 27 1995 Dated CI'IY OF SAN BEfu'WmINO a municipal corporRrion (State if corporation. company, etc,) By ~;;;:/<//~:{~{'L~ 1U1' Ml1'{)R (A,mon ed Signarure) Mayor Dated February 22. 199~ Title G~ CR.4~ ~ CLARK, City Clerk Address ~~--' ~~ ATTESTED: l> Secretary of the Flood Control District :View:&~ative Action Reviewed for Processing Approved as to legal Form ~"C~~ ( Jdl<.LdrZ '7 ...mAM- Agency Administrator/CAO Date Date (j :: - 1 ::; ..~~l,t <) 7 t, 'J If _ ~ is ~ Page _L of _4_ .. 95-/15' 111 X :J: - tlJ - -I ,~. '''' ~ o I ., o " (') 0 ~ ~ c ~ E.~ ~ a c .}. ~ ~ ~ ~ <:) ~ '" S:: (') ..~ ~ ~ 1"\ .~! y ~ if ..v / ,)tf }.s / }.33cl // j,) ~';I'n /./ I t ~~e t ,,;:y l'. I \ ~ _ ::7 \ J _ r-- /' ;' .~i " = I 1~~4 /' ~~ ii ~':.I ~:~ t~r I .:~ ~~ ; I ~] : ~~~ I :-'1::: ... ~ ~ I 1\- ---I I ~ \ \1__:1 ~\:) ~~ ; t- / I \ MiI--3 ~ E : ~ · ~j\ I, \ no ..~ ~ ill I \ (\--- ~g ~1\ 11~=Jj I. \\--~]l \ ~s ~: l_ _. ~~ ~. \ \~ \ r-.~ ~~ -_-:J::! '\ ---I \ i~ H \." ~ . ,. I! il j , i \ : M! :;;:\ 11,1 ""I 'Hljl ,'~' i\li\ 41:1 ;!ill ~j ~ 1,1 . .... l!~~l :I!!i 1<1;:, j;; ,) :U,l . ~il 111,1 . t~!: ,.11'1 .!' Iwl d;' " , o " o " . '0 , . i~! Ui:! ~:; rr~i '. !~;: ;'U!:I !h;1 Ip' :1': - ' Ni It\\' \ .' , . I -, 1 RESOLUTION NO. 95-45 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPT- ANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY 3 FLOOD CONTROL DISTRICT FOR CONSTRUCTION OF A BRIDGE CULVERT AND OTHER IM- PROVEMENTS, ACROSS A PORTION OF THE DEVIL CREEK DIVERSION CHANNEL AT "H" 4 STREET. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTTON 1" Thilt the Milyor of thp. City of Silll flp.rnardino is herehy 8 illlthrw;zed ilOr! directed 1.0 execute aod accept on hp.haif of sair! City, d 9 Common Use Agrp.':IIlp.nt wilh the StHl Ref"T1;1iTiinn County Flood Control District, 10 il copy of whieh is illtaehed her'eto ilOr! iocrwporiltp.d hy n,fer"ence h"rein, as 11 fully iln though net forth in I eogth, llIar'ked Exhihit ".A.' , for the conntruc- 12 tion of a hridge culvert on "H" street ilod the Devil Creek Diversion Channel 13 more particul dr I y descr'j bprl in So iel Common Use Agrep.n\l-~n t ,ind r.oncer'ning th(-d 14 cp.rta in rea 1 property i n ~f,e City [) f Sao Bp.rnard ino, County of San Rprnilrdi- nn, State of CaJiforo locfltpd fl.cr(Jss a port i.nn ot the Oevi 1 15 16 17 18 19 20 21 !! Cn"ek Di vprs ion ChilnllF \ he 'H" SITp.p.f {Tossing. Stiid rU-,y SECTION ,. . \ ~') I:'" \ conS{~llts tn 1 hp rpr.Cl '\, t i on to pxp.cll1 p t-hp ,-dJOvp-r'f->ff~n>ncp.:d ii~rp.PI!lp.rll- 1 S rps \ '.'.; to thp. ilgr'pellleJd tel; I to pxpellte i \ wi thin nnp hllndrpd h", s ()( I he P.-1SSilW-' of ihis r'psl1llli inn. 22 !! 23 /! 24 !! 25 / / 26 !! 27 ! / 28 ! / 01/30/95 . , 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ACCEPTANCE AND F..\EC1ITfON OF COMMON IjSE Ar;REEMENT: RRTnc;E Clil.VERT ANn lITHER STREET JMPJi()VE~IENTS - IJEVI L CREEK IJlVERS ION CHANNEL .AT "H" STREET. 1 I HE REilY CERTIFY that the tor"egoing rpso lu1 i on was do I Y iido[>led hy 2 the Mayor ilnd Common Council of the City of San Rer"I1ardino at a 3 _!!J~lar______[lIeetiIlg thereof h,dd on the ~_9_tlt rJilY of february__m_____' 4 1'195, hy the following votp, to-wit: COUNCIL ~1F.MIlERS: AYES NAYS A BSTA I N ABSENT NEGRETE __1'.n CURLIN x __ _I HERNANDEZ x OBEll1lEI.MAN x m: V 1.1 N x POPF.-I.UfJLMl x ~lfLLF.R x RA~iiv~ The j'oregoing r'psnluiion is Ilf~n~h~' dP[H'r)\.:pd lhis 22nd or diiY __ _~~~~'ya:r:x_ lqq5. / ...F' .J,f. ,'"t:.r'/\. /- / TOH r-t -, NCm, ~lfl vor' I :! \ IIi ,)dll lil-'r'llill'I' jllCl 24 Approvprl oS t n [IWIlI dllll I Pgi-l I ['(lIlt pnl : 25 26 ,LlMF.S F" PF.N~IAN, C1. ty All,onlf~v 27 28 iHjJO/95 1 I ! ) . flv:_~f-..",,"". .. "?- /r-~--------"---'-' / ,. , / . !'-,-J > ,-...--. -' 2 . , 8 9 10 11 i I '! 12[ I 131 i 14 15 16/ I 17i 181 I 191 201 211 221, I 231 241 I , 251 261 271i 281 , I! i , III 21/ STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDI~O SS 31 I I, RACHEL CLARK, City Clerk in and for the City of Sal 41 Bernardino DO HEREBY CERTIE'Y that the foregoing and attache, i copy of the San Bernardino City Resolution No. QS-4f!) is a full, 5 true and correct copy of that now on file in this office. 6 IN WIT~ESS WHEREOF, I have hereunto set my hand and aftixed thE official seal of the CiJ! of San Bernardino this .:l3 rei da) of ,k~~ ,191-. ~~-rk&Mi~ , , By Eileen C.