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HomeMy WebLinkAbout1993-034 I 1 2 3 4 5 RESOLUTION NO. 93-34 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF REVISION NO. 1 TO THE FREEWAY MAINTENANCE AGREEMENT, BETWEEN SAID CITY AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, RELATING TO THE MAINTENANCE OF WATERMAN AVENUE AND HUNTS LANE AT ROUTE 1-10 FREEWAY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION ONE: The Mayor of the City of San Bernardino 8 is hereby authorized to execute, in behalf of said City, 9 Revision No. 1 to Freeway Maintenance Agreement between said 10 City and the State of California, acting by and through its 11 Department of Transportation, relating to the maintenance of 12 Waterman Avenue and Hunts Lane at Route 1-10 Freeway, a copy of 13 which is attached hereto marked Exhibit "A" and incorporated 14 herein by reference as fully as though set forth at length 15 herein. 16 SECTION TWO: The agreement shall not take effect until 17 fully signed and executed by all parties. The City shall not be 18 obligated hereunder unless and until the agreement is fully 19 executed and no oral agreement relating thereto shall be 20 implied or authorized. 21 SECTION THREE: The authorization to execute the above- 22 referenced agreement is rescinded if the parties to the 23 agreement fail to execute it within sixty (60) days of the 24 passage of this resolution. 25 / / / / 26 / / / I 27 / / / / 28 / / / / 1-21-93 llES 93-34 RESO: . AUTHORIZING EXECUTION OF REVISION NO. 1 TO FREEWAY MAINTENANCE AGREEMENT. 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 regular , 1993, by the following vote, to-wit: Ra~~'~k The foregoing resolution is hereby approved this \~\\\~, ";.Q~ ) ~ \";. ",'<-.\...\ ,1993. \ 4 15th :'lay of February 5 Council Members: 6 ESTRADA 7 REILLY 8 HERNANDEZ 9 MAUDSLEY 10 MINOR 11 POPE-LUDLAM 12 MILLER 13 14 15 16 17 18 19 day of Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 24 25 26 27 28 By rk'~7 -1 (J I I~~", meeting thereof, held on the AYES NAYS ABSTAIN ABSENT x x x x x x x - 2 - , .' RES 93-34 Res. 93-34 REVISION NO. 1 CITY OF SAN BERNARDINO Revision to FREEWAY MAINTENANCE AGREEMENT entered into by and between the City of San Bernardino, hereinafter referred to as "CITY", and the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: WHEREAS, a Freeway Maintenance Agreement was executed between the CITY, and the STATE, on November 1, 1986 and WHEREAS, said Agreement by its terms provides that when a planned future improvement has been constructed, a minor revision has been effected within the limits of the freeway herein described or when limits have been revised by annexation, which affect the division of maintenance, the Department will provide a new dated and revised Exhibit "A", which is made a part hereof by this reference, which will supersede the original exhibit and which will become part of this Agreement. WHEREAS, the parties hereto now desire that said Agreement be revised. NOW, THEREFORE, it is understood and agreed that said Agreement be and the same is hereby revised in accordance with the attached Exhibit "A" Sheets dated January 14, 1993, and numbered I of 3, and 3 of 3, which attached sheets shall be substituted for like numbered sheets in said Agreement, and shall cancel and supersede such like numbered sheets, becoming a part of said Agreement for all purposes. . RES 93-34 REVISION NO. I - FREEWAY MAINTENANCE AGREEMENT STATE ROUTE 1-10 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF SAN BERNARDINO ~~k~ Approved as to form and procedure: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JAMES W. VAN LOBEN SELS Director of Transportation Attorney Department of Transportation By ~(f1 BERT H. THOMPSON Deputy District Director Maintenance Approved as to form and legal content: James F. Penman City Attorney ~ -1 ,I- By .' 'h.J,. . e.",,'>1H'-. (J -"-_...~+,--'''_.- RES ,93-34 '. 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