HomeMy WebLinkAbout1994-265
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RESOLUTION NO. 94-265
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SECTION 1.
The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, a Co-operative Agreement with the City of Highland relating
9 to the maintenance of landscaping in the Highland Avenue median,
10 between Piedmont Drive and Boulder Avenue. A copy of said
11 agreement is attached hereto, marked Exhibit "A" and incorporated
12 herein by reference as fully as though set forth at length.
13
SECTION 2.
The agreement shall not take effect until
14 fully signed and executed by both parties. The City shall not be
15 obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
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SECTION 3.
This resolution is rescinded if the parties
19 to the agreement fail to execute it ,vi thin ninety (90) days of
20 the passage of this resolution.
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8-10-94
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RESO: ,AUTHORIZING EXECUTION OF CO-OPERATIVE AGREEMENT WITH CITY
OF HIGHLAND RELATING TO MAINTENANCE OF LANDSCAPING.
94-265
I HEREBY CERTIFY that the foregoing resolution was duly
1
2 adopted by
the
Mayor
and
Common
Council
of
the
Ci ty of
San
3 Bernardino at a
4 6th day of September
5 Council Members:
regular
meeting thereof, held on the
, 1994, by the following vote, to-wit:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
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AYES NAYS
x
x
x
x
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x
ABSTAIN
ABSENT
Ra~,
C~,,-j.A/
City Clerk
The foregoing resolution is hereby approved this ~{A~
day of
September
, 1994.
~ 4b^
, Tom Minor, Mayor
Ci ty of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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94-265
CO-OPERATIVE AGREEMENT
MAINTENANCE OF LANDSCAPING
HIGHLAND AVENUE MEDIAN
PIEDMONT DRIVE TO BOULDER AVENUE
THIS AGREEMENT is made and entered into this day of
, 1994, by and between the city of Highland, a
municipal corporation, hereinafter referred to as "Highland," and
the city of San Bernardino, a municipal corporation, hereinafter
referred to as "San Bernardino."
WIT N E SSE T H
WHEREAS, San Bernardino is in the process of installing
landscaping within the curbed median in Highland Avenue, from
piedmont Drive to Boulder Avenue; and
WHEREAS, the portion of the curbed median, south of the
centerline of Highland Avenue, is under jurisdiction of Highland;
and
WHEREAS, both Highland and San Bernardino desire to
stipulate the maintenance responsibilities in respect to the
landscaping and automatic irrigation system.
NOW, THEREFORE, the parties agree as follows:
1. SAN BERNARDINO SHALL:
a. Act as lead agency relative to installation of the
landscaping and automatic irrigation system within
the curbed median on Highland, and bear all costs
incurred for this work.
b. Act as lead agency relative to maintenance of the
landscaping and automatic irrigation system, and
pay all costs incurred for this work.
2. HIGHLAND SHALL:
a. Allow San Bernardino's maintenance personnel access
to the south half of the median under Highland's
jurisdiction.
3. Neither HIGHLAND nor any officer or employee
thereof shall be responsible for any damage or
liability occurring by reason of anything done or
omitted to be done by SAN BERNARDINO under or in
connection with any work, authority or jurisdiction
94-265
not delegated to HIGHLAND under this Agreement. It
is also agreed that, pursuant to Government Code
Section 895.4, SAN BERNARDINO shall fully indemnify
and hold HIGHLAND harmless from any liability
imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything done
or omitted to be done by SAN BERNARDINO under or in
connection with any work, authority or jurisdiction
not delegated to HIGHLAND under this Agreement.
Neither SAN BERNARDINO nor any officer or employee
thereof, is responsible for any damage or liability
occurring by reason of anything done or omitted to
be done by HIGHLAND under or in connection with any
work, authority or jurisdiction not deleted to SAN
BERNARDINO under this Agreement. It is also agreed
that, pursuant to Government Code Section 895.4,
HIGHLAND shall fully indemnify and hold SAN
BERNARDINO harmless from any liability imposed or
injury (as defined by Government Code section
810.8) occurring by reason of anything done or
omitted to be done by HIGHLAND under or in
connection with any work, authority or jurisdiction
not delegated to SAN BERNARDINO under this
Agreement.
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94-265
CO-OPERATIVE AGREEMENT: Maintenance of Landscaping in Highland
Avenue Median
IN WITNESS WHEREOF, the parties hereto have cause this
Agreement to be executed on the date written above by their duly
authorized officers on their behalf.
CITY OF HIGHLAND
a Municipal Corporation
ATTEST:
By:
Debbie Anderson
Deputy city Clerk
By:
John Timmer
Mayor
Approved as to form and
legal content:
By:
Marguerite Battersby
City Attorney
CITY OF SAN BERNARDINO
a Municipal corporation
ATTEST:
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By: ( .v:...~~
Rac.el Clark
city Clerk
B~~~tA
Tbm Minor
Mayor
Approved as to form and
legal content
~Q..-
James F. enman
City Attorney
A:PIEDMONT\ER\SR
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