HomeMy WebLinkAbout1992-224
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RESOLUTION NO. 92-224
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
ACCEPTANCE AND EXECUTION OF A LANDSCAPE MAINTENANCE AGREEMENT WITH THE SAN
BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE MAINTENANCE OF OLIVE TREES
IN PORTIONS OF THE LITTLE SAND CREEK RIGHT-OF-WAY, AND CONCERNING PROPERTY
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF LYNWOOD AVENUE AND STERLING
AVENUE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1 .
That the Mayor of the City of San Bernardino is
hereby authorized and directed to execute and accept on behalf of said City,
9 a Landscape Maintenance Agreement with the San Bernardino County Flood
10 Control District, a copy of which is attached hereto and incorporated by
11 reference herein, as fully as though set forth in length, marked Exhibit "A",
12 for the maintenance of Olive Trees and appurtenances, more particularly
13 described in said Landscape Maintenance Agreement and concerning that certain
14 real property in the City of San Bernardino, County of San Bernardino, State
15 of California, generally located in portions of the Little Sand Creek right-
16 of-way at the Southeast corner of Lynwood Avenue and Sterling Avenue.
17 SECTION 2. The authorization to execute the above-referenced
18 Agreement is rescinded if the parties to the Agreement fail to execute it
19 within one hundred twenty (120) days of the passage of this resolution.
20 III
21 I I I
22 III
23 III
24 I I I
25 III
26 III
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05-05-92
ACCEPTANCE & EXECUTION OF LANDSCAPE MAINT. AGREEMENT; LITTLE S~ND . CREEK AT
LYNWOOD & STERLING
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
regular
, 19~ by
meeting thereof. held on the 6th
day of
July
the
~{!jJL'-IAL/LJ#~;;jj'/ dy'y
City ~qk
The foregoing resolution is hereby approved this CJiA... d of
. 1992.
h
20 Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
By: 1'V1uvf. ~h/I>~
()
05-05-92
2
E X New
M Change
X Cancel
County Department Dept.
TRANSPORTATION/FLOOD CONTROL 097
FOR COUNTY USE ONL Y
Dept.
Contract Number
sc
A
9)~'l~ 7
Orgn.
097
Contractor's License No.
Flood Control District Contract Representative
WILLIAM M. COLLINS
Fund
Org'anlzation'
Ph. Ext.
2633
Obj/Rev Source Activity GRC/PROJ/JOB Number
N/A N/A N/A
Estimated Payment Total by Fiscal Year
Amount 110 FY Amount 110
Amount of Contract
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
FY
Project Name
LITTLE SAND CREEK
MAINTENANCE AGMT
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
City of San Bernardino
Address
300 North "D" Street
hereinafter called CITY
(Per RES NO 92-224 adopted
7/6/92 Item 29)
San Bernardino, CA 92418
Phone Birth Date
Federal 10 No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment. time for performance or completion,
determination of satisfactory performance and CBuse for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.)
WITNESSETH
WHERElIS, CITY desires to plant and roaintain trees alOl'B" DISIRIcr I S right-
of --way for Little San::! Creek as shown on Exhibit "A", a copy of which is
attached hereto and roade a part of the agreement; and,
WHERElIS, CITY desires to perpetuate tree plantil'B" and roaintenance
activities alOfB" DISIRIcr right-Qf--way for Little San::! Creek; and,
WHERElIS, CITY and DISIRIcr do mutually desire to cooperate and jointly
participate in the operation and roaintenance of the above said areas and
desire to specify herein the responsibilities of each to provide for said
operation and roaintenance;
02.12469.897 R.v. 1/91
Page
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NCW 'llIEREFORE, ALL PARl'IES 1\GREE AS FOu.avs:
CITY SHALL:
1. AssuIre operation and maintenance of all landscape within DISl'RIcr
right""of-way.
,
2. Not =nstruct or cause to be constructed, any inprovements which
will interfere with operation and maintenance of the DISl'RIcr'S
flocx:l control facilities.
3. Sul:mit plans for tree planting to DISl'RIer for review and canment.
DISTRIcr shall have sixty (60) days to review any such plans and
to c:xmnent thereon and awrove or di.sawrove the same.
4. Secure a permit fram DISl'RIcr prior to beginning any constJ:ucti.on.
DISl'RIcr shall have sixty (60) days in which to either issue any
such permit or infonn the CITY, in writing, why such permit may
not be issued.
5. Provide arprcpriate doaJmentation to the DISTRIer to shCM that the
CITY is self-insured. See attached Exhibit "B" for insurance
doaJmentation.
6. Upon a written request fram the DISl'RIer, provide feocing as
~sary to a height determined by the DISl'RIer if in the future
DISTRIcr detennines that such feocing is l'll?OeSf"ny due to increased
liability attributable to the tree planting inprovements. All
such work shall be acc:x:mplished at no cost to the DISTRIcr.
7. Meet ~ith DISl'RIer after plans are awroved and determined precise
areas of CITY maintenance, DISl'RIcr maintenance, and joint
maintenance. A drawing delineating the various maintenance areas
shall be prepared and shall be accepted by the governing bodies of
both entities as an addeOOum to this agreement.
Page 2 of 4
8. Upon fourteen (14) days notice to CITY, allow DISI'RIcr to close
all or any part of landscape inprovements durin3' stem maintenance
activities, durin3' routine maintenance work, durin3' the time work
is bein3' perfo:rna:l in a=rdance with pennits issued by DISI'RIcr,
and to insure p..lblic safety durin3' severe stem corxlitions.
Fourt:eer1-day notice not applicable to emergency maintenance or
emergen::y repair situations.
9. Be responsible for pick-up and disposal of all trash within
lan::lsr"1red areas.
10. In::lemni.fy and hold hannless the DISI'RIcr and all officers,
employees and agents of said p..lblic I:xxiy free and hannless fran any
and every claim, deman::l, or action for damages, or injury to any
person or persons or property of any kin::l whatsoever, and any cost
or expense in connection therewith, and agrees to defen:i DISI'RIcr,
the County of San Bel:nardino and all officers, employees and
agents, of said p..lblic I:xxiy against any clains or deman::ls which may
arise CRIt of or result fran CITY'S constJ:ucti.on, qJeration,
I
maintenance, use or activities concen1ing plantin:J and maintenance
of trees on DISI'RIcr right-of-way.
DISI'RIcr SHALL:
1. Continue to qJerate and maintain concrete channel aloDJ the east
side of sterlin3' Avenue t:Ilrcu:lh the areas involved.
2. Not unnece5"'''rily canstnJct or cause to be constJ:ucted, by their
express action, any facilities which will interfere with operation
and maintenance of CITY'S larrl.<:<'''1rv'' and irrigation inprovements.
3. 1\grees to i.n::lemni.fy and hold hannless the CITY and its authorized
agents, officers, volunteers and employees against any and all
clains or actions arisin3' fran DISI'RIcr' S negligent acts or
emissions in connection with DISI'RIcr'S canstnJction, operation,
and maintenance of its facilities as described herein.
Page 3 of 4
,"
AGREEMENT: MAINTENANCE OF LITTLE SAND CREEK
"(Res 92-224 adopted 7/6/92)
NCM 'lHEREFORE, IT IS MUIUAILY UNDERSTOOD AND AGREED 'lHAT:
1. Use of the DISl'RICT'S Little Sand Creek right-of-way for tree
plantllg p.u:poses shall be sul:;x:>rdinate to the basic flcx:d control
an:i water conservation p.u:poses of the areas as determined !Jy the
DISl'RICT'S Flcx:d Control ~ineer an:i shall in no way conflict with
these p.u:poses. 1he DISl'RICT'S Flcx:d Control ~ineer reserves the
right to cancel any specific use should, in his opinion, there
develop a sul:Jstantial iIx::c:mpatiliility between lamscape uses an:i
flcx:d control an:i water conservation uses arisllg frc:m any cause
whatsoever. Said use shall be tenninat.ed sixty (60) days after
notification, in writllg, !Jy the DISl'RICT'S Flcx:d Control ~ineer
after a thirty (30) day OWOrtunity to "cure" the conflict is given
to CITY. If any use is tenninat.ed p.rrsuant to the provisions of
this Para~ I, CITY shall have the right, at its sole option,
to renove any );t1ysical lazDs<-ape inprovements fran the area in
question at its sole cost an:i expense. Area shall be left in a
reasonably neat an:i graded manner.
'!HIS AGREEMENT shall inure to the benefit of an:i be bi.rrl.in;J upon the
SU<XeS90rs an:i assigns of both parties.
IN WI'lNESS WHEREOF, the parties hereto have caused this agreement to be
executed !Jy their respective officials thereunto duly authorized.
SAN BERNARD NO COUNTY FLOOD CONTROL DISTRICT
tu~
CITY OF SAN BERNARDINO,
a Mun' , ,
(State if corpora ion, c p y, etc.)
BY~/ ,'~
(Au/hod d Signature)
W_R HOLCO MA OR 7/10/92
Attest:~d ~_ /J , ~.
-..c::A.LL 1 ty Clerk
- 30 North "D" Stree
Add~$ San Bernardino, CA Q241R
upervisors
Dated--AUG 3 1992
~
Secretary of the Flood Control District --
Approved as to Legal Form
(V,'. /
~ ,'c(<c4~>?"
County c,/sel_ .' c'
Date -) /- n
Reviewed for Processing
~
~ ILL/A"-
Agoncy Administrator/CAD
Date
02-12459-697 Rev. 1/91
Page 4 of 4
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EXHIBIT . A .
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EXHIBIT 'B'
~..; 1f~ e, If
FLOOD CONTROL DISTRICT
825 Ean Third _. . San ~ino. CA 92415
COUNTY OF SAN IEIlNAIUlINO
ENVIRONMENTAL
I'UIUC WORKS AGENCY
CERTIFICATE OF INSURANCE
NOTE TO PERMITTEE: This form is to
CERTIFICATES ON THIS FORM ONLY \.TIll BE
Bernardino County Flood Control District,
Street, San Bernardino, CA 92415-0835.
-..
be completed by your insurance <<9l}lpaDY. .,,'
ACCEPTABLE. Return completed form ~::j;o S.lij-;:' ::
Flood Control Permit Section, 825 East Thir~'
. .,
(fl
{B:
~~
, 'H';:~
In accordance with permit requirements, the undersigned does hereby represen':"t; tOI ~he "
. , ,
San Bernardino County Flood Control District and the County of San Bernardino~"tne
following policy or policies issued to CITY OF SAN BERNARDINO (C', "',
fully complies with the following Flood Control District insurance requireme~t~:
. 'i~";: ''': '.
.':':
I. PUBLIC LIABILITY AND PROPERTY DAMAGE - The limits of liability in the Public
Liability and Property Damage policy or policies shall not be less than $1,000,000
combined single limit.
TYPE OF INSURANCE
COMPANY & POLICY NO.
EXP. DATE
LIMITS OF LIABILITY
MUNICIPAL COMMERCIAL SELF-INSURED RETENTION
GENERAL LIABiLITY 1,000,000
25,000,000 BICEP POQ
2. ENDORSEMENT NAMING ADDITIONAL INSURED - Both the San Bernardino County Flood
Control District and the County of San Bernardino are hereby named as additional
insured for the purpose of the Permit, No. p-~qlo4k . Inclusion herein of any
person or organization as an additional insured shall not affect any right which
such person or organization would have as a claimant if not so included.
This insurance coverage shall be primary insurance with respects to the San
Bernardino County Flood Control District and the County of San Bernardino.
3.
THIRTY (30) DAY WRITTEN NOTICE OF CANCELLATION - Your policy shall state that
thirty (30) day prior written notice of cancellation, change or expiration will
be given the San Bernardino County Flood Control District, Flood Control Permit
Sec~ion, 825 East Third Street, San Bernardino, CA 92415-0835.
///'
ANY' FIRST _ I
SIR CITY OF SAN BERNARDINO,
SICEp
25,000,000
BY:
IRECTOR, RISK MANAGEMENg!Z4!91
COMPANY A HORIZED SIGNATURE
RISK MANAGEMENT
AGENT'S ADDRESS: 300 N. D STREET
DATE
AGENT'S PHONE
384~S30B'
SAN BERNARDINO, CA. 92418
REV. 6/88
FOR COUNTY USE ONL Y
E New Vendor Code Dept. Contract Number
M Change SC A
X Cancel
County Department Dept. Orgo. Contractor's License No.
TRANSPORTATION/FLOOD CONTROL 097 097
Flood Control District Contract Representative Ph. Ext. Amount of Contract
WILLIAM M. COLLINS 2633
Fund I Dept. I Organization I Appr. I ObjlRev Source Activity I GRC/PROJ/JOB Number
RFF 092 092 N/A N/A N/A N/A
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount 110 FY Amount 110
Project Name
LITTLE SAND CREEK - - - -
- - - -
MAINTENANCE AGMT - - - -
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Controi District,
hereinafter called the District, and
Name
City of San Bernardino
Address
hereinafter called
CITY
300 North "0" Street
San Bernardino, CA 92418
Phone Birth Date
Federal 10 No. or Social Security No.
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time fOf performance or completion,
determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any,)
WITNESSETH
WHEREAS, CITY desires to plant am maintain trees alorg DISI'RIcr I S right-
of -way for Little Sarxl Creek as shown on Exhibit "A", a copy of whidl is
attad1ed hereto am made a part of the ay.L~; am,
WHEREAS, CITY desires to pezpetuate tree p1anti.n3' am maintenance
activities alorg DIS'llUcr right-of-way for Little Sarxl Creek; am,
WHEREAS, CITY am DISI'RIcr do lIutually desire to cooperate am jointly
participate in the operation am maintenance of the above said areas am
desire to specify herein the responsibilities of each to provide for said
operation am maintenance;
02-12459-697 R.v, 1191
Page 1 of 4
~)(~leIT .,A'
N:M 'lHEI<t;r1Jl(t;, ALL PARI'IES J\GREE AS FOrum:
CITY SHALL:
1. Assn.... cperatioo and maint:enanoe of all lancl"""",p'" within DIS'IRIcr
right-of-way.
2. Not canstruct or cause to be =nstnJct:ed, any ilIIprovements which
will interfere with cperatioo and maint:enanoe of the DIS'IRIcr'S
flood oontrol facilities.
3. SUl:mi.t plans for tree plantin} to DIS'IRIcr for review and ocmnent.
DIS'IRIcr shall have sixty (60) days to review any such plans and
to ocmnent thereon and awrove or rli ""1t:{lrove the same.
4. Secure a pennit fran DIS'IRIcr prior to begi.nnin;J any canstructioo.
DIS'IRIcr shall have sixty (60) days in which to either issue any
such pennit or infon! the CITY, in writin}, why such pennit l1'ay
not be iot""-'l.
5. Provide awrq:Jriate doc::lmerrt:atioo to the DIS'IRIcr to shaN that the
CITY is self-insured. See attached Exhibit "B" for insurance
doc::lmerrt:atioo.
6. Upon a written request fran the DIS'IRIcr, provide feocin} as
n?OeSsary to a height detennined by the DIS'IRIcr if in the future
DIS'IRIcr dete=ines that such feocin} is ~<;:ary due to increased
liability attrib1table to the tree plantin} ilIIprovements. All
such work shall be acxx:mplished at no cost to the DIS'IRIcr.
7. Meet with DIS'IRIcr after plans are awroved and detennined precise
areas of CITY l1'aintenance, DIS'IRIcr maint:enanoe, and joint
l1'aintenance. A drawin} delineatin} the various l1'aintenance areas
shall be prepared and shall be accepted by the govemin:J bodies of
both entities as an aclderxium to this agreement.
Page 2 of 4
~xUI9IT '4'
8. Upon foorteen (14) days notice to CI'lY, allow DIS'llUcr to close
all or any part of lanl=-....p" inprovements durin:J stann mai.ntenaIxle
activities, durin:J rcutine maintenan:le work, durin:J the tiJre work
is bein:J performed in accordance with penni.ts i......,.,,-l by DIS'llUcr,
an:i to insure plblic safety durin:J severe stann =n:titions.
F'ourt.eerHiay notice not ~licable to emergency mai.ntenaIxle or
emergency repair situations.
9. Be l:espollsible for pick-up an:i cli"P""""l of all trash within
lan:lscape<:l areas.
10. IrrlenmifY an:i hold hannless the DIS'llUcr an:i all officers,
enployees an:i agents of said plblic I:xx:ly free an:i hannless fJ:al\ any
an:i every claim, deman:i, or action for damages, or injw:y to any
person or persons or prc:p3rty of any kin:l whatsoever, an:i any oost
or expense in oonnection therewith, an:i agrees to defen:! DIS'llUcr,
the Colmty of San Bemal:dino an:i all officers, enployees an:i
agents, of said plblic I:xx:ly against any claims or demarrls which may
arise cut of or result fJ:al\ CI'lY'S construction, operation,
maintenan:le, use or activities cx:n::en1i.n:J plantin:J an:i maintenan:le
of trees on DIS'llUcr right-of-way.
DISTRIcr SHALL:
1. Continue to operate an:i maintain COI.......,te charmel alorg the east
side of sterlin:J Avenue thrt:A.1gh the areas involved.
2. Not l.II'lI'leCeS<:arily construct or cause to be constJ::ucted, by their
express action, any facilities which will interfere with operation
an:i maintenan:le of CI'lY'S laro,,<:,.ar'" an:i irrigation inprovements.
3. Agrees to in:iemni.fY an:i hold hannless the CI'lY an:i its authorized
agents, officers, volillIteers an:i enployees against any an:i all
claims or actions arisin:J fJ:aII DIS'llUcr' S negligent acts or
anissions in connection with DIS'llUcr'S construction, operation,
an:i maintenan:le of its facilities as described herein.
Page 3 of 4
eXI,l\BI T 'A
AGREEMENT: MAINTENANCE OF LITTLE SAND CREEK
NCM 'Il1ta<t;t1Jt(t;, IT IS K1IUALLY tThUJta<::i'.lUJO AND }.GREED '!HAT:
1. Use of the orsmrcr's Little San:l Creek right-of-way for tree
planti.n3' pll1XlseS shall be subordinate to the basic flood control
an::l water conservation pll1XlseS of the areas as cletermi.ned by the
orsmrcr's Flood Control En:Jineer an::l shall in no way conflict with
these pll1XlseS. 'n1e orsmrcr's Flood Control En:Jineer resezves the
right to can::el. any specific use shoold, in his cpinion, there
develcp a substantial ilx:atpatibility bet1Neen laroc:ro"I'E' uses an::l
flood control an::l water conservation uses arisi.n3' fran any cause
whatsoever. Said use shall be tenni.nated sixty (60) days after
notification, in writ~, by the orsmrcr's Flood Control En:Jineer
after a thirty (30) day opporbmity to "cure" the conflict is given
to CITY. If any use is tenni.nated p.Irsuant to the provisions of
this ~ 1, CITY shall have the right, at its sole cption,
to renove any {:hysical laro~pE' inprovements iran the area in
question at its sola cost an::l expense. Area shall be left in a
reasonably neat an::l graded maruJer.
nus 1lGREEMENl' shall inure to the benefit of an::l be bindin;J upon the
S1~"Qrs an::l assigns of both parties.
IN WI'INESS WHEREOF, the parties hereto have caused this agreement to be
executed by their :r:espective officials theratnto duly authorized.
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
..
Chairman, Board of Supervisors
CITY OF SAN BERNARDINO,
a Municipal Corporation
(State if corporation, company, etc.)
By ..
Dated
fAII/horized Signa/lire)
ATTESTED:
Dated
..
Secretary of the Flood Control District
Title Mayor
300 North "D" Street
Address San Bernardino. CA 92418
Approved as to Legal Form
Reviewed as to Affirmative Action
Reviewed for Processing
..
County Counsel
..
Date
Date
..
I Agency Administrator/CAD
I Date
02-12459-897 Rev. 1/91
Page
4 of 4
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~')(l-Jle51 T 'A'
AGREEMENT: ~~INTENANCE OF LITTLE SAND CREEK
(Res. 92-224 adopted 7/6/92)
NCM 'lHEREFORE, IT IS MlJIUALLY UNDERS'IOOD AND AGREED 1lIAT:
1. Use of the DISl'RIcr'S Little Sarrl Creek right-of-\-iaY for tree
plant:in:J p.llpcS'2S shall be subordinate to the basic flood control
arrl water conseJ:Vation p.u:poses of the areas as detennined by the
DISl'RIcr'S Flood Control ~ineer arrl shall in no way conflict with
these p.u:poses. 'Ihe DISl'RIcr' S Flood Control ~ineer reserves the
right to can::el arrj specific use shalld, in his cpinion, there
develcp a substantial i.n::c:I!patibility betJNeen larrl.,....,~ uses arrl
flood control arrl water conseJ:Vation uses aris:in:J fran arrj cause
whatsoever. Said use shall be terminated sixty (60) days after
notification, in writ:in:J, by the DISl'RIcr'S Flood Control ~ineer
after a thirty (30) day q:porbmity to "cure" the conflict is given
to CITY. If arrj use is terminated p.m;uant to the provisions of
this Paragra);h 1, CITY shall have the right, at its sole cption,
to remove arrj );hysical laJd<;(""~ inprovements fran the area in
question at its sole cost arrl expense. Area shall be left in a
reasonably neat arrl graded manner.
'lliIS J\GREEMENl' shall inure to the benefit of arrl be bindin3" upon the
successors arrl assigns of both parties.
IN WI'1NESS WHEREDF, the parties hereto have caused this aYL='lllE!Ilt to be
executed by their respective officials thereunto dulyauthorize:i.
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
~
Chairman, Board of Supervisors
CITY OF SAN BERNARDINO,
a Municipal Corporatio ,
IState if corporation, c pany, etc.)
Dated
By ~-
/" C (AiilltorizediSigna/lIre)
W R HOLCOMB, MAYOR 7/10/92
Attest~ ~ D 111<'.. . .
,.~~ - 1~~C1tY
3 North "D" Street
Address San Bernardino, CA 92418
'7 ~7
~ /
/
~,
--------------
/
ATTESTED:
Clerk
~
Secretary of the Flood Control District
~
CountY Counsel
~
I :v;ewed fo, Process;ng
b.lJcncy Administrator/CAD
Approved as to Legal Form
Reviewed as to Affirmative Action
Date
Date
Date
02.12459.697 R.v. 1191
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