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HomeMy WebLinkAbout1992-225 -~ :, 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 06/09/92 RESOLUTION NO. 92=225 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE MAINTENANCE OF THE TWIN WARM CREEK BRIDGE AND OTHER IMPROVEMENTS, ACROSS PORTIONS OF THE TWIN WARM CREEK CHANNEL RIGHT-OF-WAY, AND CONCERNING PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF WATERMAN AVENUE AND MILL STREET. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. Thnt the Mavor of the Citv of San Bernardi no is hereby authorized and directed to execute and nccept on behalf of said Citv, n Common Use Agr'eement with the Snn Bernnrdi no Countv Flood Contra I District, a copy of which is nltached hereto nnd incorporated by reference herein, as fnlly as though set forth in length, mnrked Exhihit "A", for the maintenance of the Twin Warm Creek Br-idge and appurtenances, including curhs, gutt ers, landscaping and appurtenances, if any, more parti cu I ar'l v described in said Common Use Agreement and concerning that certain real property in the City of San Bernardino, County of San Bernnrdino, State of California, generally located across portions of the Twin Warm Cr'eek llridge right-of-way at the intersection of Waterman Avenue and Mill Street. Said City consents to the recordation thereof. SECTION 2. The authorization to execute the ahove-referenced agreement -is rescinded if the pa.rties to the agreement faj 1 to execute it within one / / / / / / / / / / / / / / hundred twenty (120) dnys of the pnssage of this resolution. cV:CFPTA\'O: "'\TD EXFCI.''"IU\' OF C0'1'10\' L"SF M;PFF'IE'\T: ~1\T\ ",\R~I CPFFK PRIl)Gc: H TfI1\ I\TFh'SFCT!O\ (IF "A'q;R~I\N A\'e:'\, F AND MlU, STRI':FT 1 1 HEREBY CERTIF'( thi'lt I he tnrp!ioing T"psohJtion was duJv (jd()ptJ~d bv 2 the Mayor and (ommon Council of the Citv of- San Bprllardillo at it 06/09/92 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 regular meeting July thereof held 6th of the di1Y on _' 1992, by the following vole, to-wit: COUNC T L ME~IBERS: ESTRADA RETLLY HERNANDEZ MAUlJSLEY MINOR POPE-LUDLAM MILLER AYES NAYS ABSENT ARSTAIN x x x x x x x hdilfL{!J,'-lyklj~d.4t$:ti,f,/44.-b Rachel KrasnevvCity Cl~k 91ft day The foregoing resolution is hereby approved this 19 of 20 21 22 23 24 h 25 26 27 28 Approved as to form and lega] content: ,James F. Penmnn, City Attorney Bv: L _ ], ~~l/I"'" U-~_L~'>L-L--_- ..._______h , 1992. ~~~./~//~ ~ w. R. ~m, Mavor Cjty 0 SilIl .ernardln 2 . . MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA FC Zn 2-500 Inc. cities, S.B. Waterman Ave. Agree. No. 92-778 August 10, 1992 . 7 ( (l,rI ( ! (0 /111 'Y )01 FROM: KEN A. MILIER, Director TransportationjF100d ocmb:01 a::tM:N USE AGREEMENl' BElWEEN '!HE DISTRIcr AND '!HE CITY OF SAN BERNARDINO CN '!WIN WARM CREEK Kr ~ AVENJE rn '!HE SAN BERNARDINO ARFA FIlE: 2-509 SUBJECT: ~CN: 1\ct.in;J as the governin;J body of the Flood Centrol District, approve CamaI Use Agreement between the District an:i the city of San Bernardino for maintenance of bridge inprovements on District right-of-way an:i flood =ntrol inprovenents on City right-of-way. BACKGROOND: 'Ibis agreE!ll.ent allows the District to operate an:i maintain portions of 'lWin Creek O1annel within City owned lan:i an:i also allows the city to operate an:i maintain portions of the waterman Avenue bridge crossin;J of 'lWin Creek 01anne1 within District owned lards. 'Ibis agreement will replace two existin;J Canllr:ln Use J\o,jL=lllel1ts, coverin;J portions of this area, that have been in place since Septeni:ler 1958. One was originally with the Coorrt:y an:i the other was with the City. '!he area covered by the Coorrt:y agreement has since been annexed into the City of San Bernardino. REASON FOR ~CN: agreement. RE.VThW BY OIHER DEPARIMENTS: 'Ibis Agreement was reviewed by Dep.rty Coorrt:y Counsel O1arles S. S=lastic:o on April 6, 1992, an:i by Risk Management personnel on April 14, 1992. Board approval is required to effect this FINANCIAL DM'A: No financial inpact to the District will result fran this agreement. PRESENI'ER: Ken A. Miller cc: Flood Control w/agr. -) City of S.B. w/agr. 4rP c/o Fe Auditor, w/agr. Purchasing, Contr. Compl. Risk Management P\'X; File w/agr. Action of the Board of Supervisors AGREEMENT NO. 92-778 APPRO~1m;um\9r SUPERVISORS c~j,~~:B~~INO !:f "~"'~~)Y \T: '!>)i',/ t~:l '~t"~,'.~ MOTION l~tr;~A~:~:cS~:,~;\A;: A;E EARLE'Pft~t;X~t.;':.~~~F#.: ;; BOARD (', f' ":;" .,'::;,' ;,;< So- BY g 'J... ,J., '--'<", " , . \,~ DATED: AUGUST .Io; 1992. ITEM 3/ 14-9507.00C Rev. 10/81 .. .' . . E New FOR COUNTl' USE ONL Y Vendor Code Dept. Contract Number SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT M Change X Cancel County Department FLOOD CONTROL DISTRICT --------- Flood Control District Contract Representative Mina Fund sc A 9 p1.. -11; Dept. Orgn. 092 092 Ph. Ext. Contractor's Licenso No. Amount of Contract RFF 387-2736 Obi/Rev Source -0- Activity GRC/PROJJJOB Number FA29203 Estimated Payment Total by Fiscal Year Amount liD FV Amount liD FY Project Name Twin Warm Creek at Waterman Avenue --'- 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 3DlL1L-'.'D.C'_s..tra~L____,__ hereinafter called _~c;_D~-r:__ (Per RES NO 92-225 adopted 7/6/92) _CLTY OF SAN_BERNARl2l.N.lL-_____ __. Addre"s _..3.an.J3B=.dino~CA....92.!llB Phone Binh Dat~ _.JBlJ.c .5.1.ll.. FeJerori ID No. or Socirtl Security No ...l5_02c.l2.5.5_..____________..__...._._.____.___ iT IS HEREBY AGREED AS FOllOWS: (Use Spt!Cf: be/c.w and additional bond sheets. Set forth SOl vice to I;e renducd, 3rdoun: to bl: '}aio, m,i'mer of ;:3VII'en!, time (vr ,'Jer:ormance or completion, oate,mination 01 soti;;; =: C:d:' =':=":~:d :~:""s, 70 rlih pI'ns, :;if:atnlh~di~'~t if 3~YI 19~, by and between the CITY OF SAN BERNARDINO, a municipal col:pOration of the state of Califomia, hereinafter refe=ed to as "CITY", and the SAN BERNARDINO CDUNI'Y FlDOD OONI'ROL DISTRICT, a body col:pOrate and politic of the state of Califomia, hereinafter refe=ed to as "DISTRICT". WITNESSETH WHEREAS, CITY desires to operate and maintain, at no cost to the DISTRICT, a bridge crossing of the DISTRICT'S 'IWIN CREEK rnANNEL within DISTRICT owned lands and the DISTRICT desires to operate and maintain at no cost to the CITY a channel crossing of Watennan Avenue within CITY owned lands; NCW'IHEREFORE, IT IS UNDERSTOOD AND MUIUALLY AGREED PS FOLIJ::mS: WHEREAS, the DISTRICT is the owner of the lands upon which a portion of a bridge =essing of 'TWin Creek Channel at Watennan Avenue has been constructed; WHEREAS, the CITY is the owner of lands upon Which a portion of 'IWIN CREEK rnANNEL at Watennan Avenue has been constnlcted; FA29203 1 4 '. WHEREAS, both agencies are willirq to allow the other agency to effect operation ani maintenance of the facilities on said agency's property, provided that the integrity ani functional capacity of the facilities of the agency owni.rq the right-of-way are not illlpaired thereby; WHEREAS, DISI'RIcr ani CITY will mutually benefit by settirq forth herein the rights ani responsibilities of each within AREAS OF o:::HDN USE, said AREAS OF o:::HDN USE are shown on Exhibit "A" attached hereto ani made a part hereof; NCM THEREFORE, in consideration of the promises ani mutual benefits derived, it is mutually agreed by ani between the parties hereto as follows: A. CITY AGREES: 1. Insofar as to property owned by the DISI'RIcr: a. To acknowledge DISI'RIcr'S title to the right of way and facilities in AREAS OF o:::HDN USE ani the priority of DISI'RIcr'S title over CITY therein, and further acknowledges the right of DISI'RIcr, its successors or assigns, to use AREAS OF o:::HDN USE in common with CITY without need for any further pennit or pennission from CITY, provided, however, that any such use by DISI'RIcr shall not en::langer, interfere or conflict with CITY'S facilities or their functional operation without approval first beirq obtained from the CITY of such plans, which approval shall not be unreasonably withheld. b. That prior to future reconstruction of existirq facilities, to apply for and obtain written approval from DISI'RIcr of plans incorporatirq details pertainirq to CITY and/or CITY agent's performance of construction activities within AREAS OF o:::HDN USE. Application for said pennission shall be in writirq accompanied by four sets of contract plans and specifications. c. To accept full responsibility and cost for any and all reconstruction, operation ani maintenance of or liability for the bridge facilities (includirq all roadway culverts, pipes, and those portions of the bridge structure, includirq approaches, sidewalks and other appurtenant works, located above the bottom plane of the bridge seats or soffit of the deck structures, whichever is lowest.) It Wv/(j){).f> d. To indemnify, ,--and hold harmless the DISI'RIcr, their officers, agents, volunteers and employees from and against any and all claims, demands, loss or liability of any ki.ro or nature which the DISI'RIcr and/or their officers, agents, volunteers or employees may sustain or incur or which may be :Unposed upon them for property damage ani injury to or death of any persons caused by the CITY'S use of the AREAS OF o:::HDN USE. 2. Insofar as to the property 0I0II1€d by the CITY: a. To the reconstruction, maintenance arrl operation of a channel facility arrl appurtenances thereto, at no expense to the CITY within the ARFAS OF a::MDN USE arrl to allow DISI'RIcr to occupy arrl use said ARFAS OF a::MDN USE for flood =ntrol purposes; provided, however, that no such use, OCCIlpClncy, reconstruction or maintenance, shall be effected by the DISTRIcr its successors or assigns, in any manner which, in the opinion of the Chief En3"ineer of the CITY, may interfere or =nflict with any structures, facilties, operation or uses which CITY has or intends to have upon said lands, without first submitting plans of such 0CCI1paIlCy or use to CITY'S Chief En3"ineeer at least thirty days prior to the date of such inteJrled occupancy or use arrl obtain his written approval therefore, which approval shall not be withheld, if in the opion of the Chief En3"ineer, the proposal does not interfere or =nflict with the CITY'S interests or the prn:pose of this aYL=Uent. b. To process necessary permit or permits to DISTRIcr upon proper application by DISTRIcr as provided herein subject to the provisions arrl corditions of this Agreement. c. To submit to DISTRIcr at least thirty days in advance, plans for any proposed road or bridge, reconstruction or maintenance within ARFAS OF cnM)N USE which may endanger, interfere, or conflict with DISTRIcr flood control facilities or their functional operation arrl obtain written approval f= the District En3"ineer of DISTRIcr of such plans. d. Accept full responsibility arrl =st for any arrl all reconstruction, maintenance or operation of the bridge lying above the plane of the soffitt of the deck structure, as set forth in paragraph A.1.c. B. DISTRIcr AGREES: 1. Insofar as to the property 0I0II1€d by the CITY: a. To acknowledge CITY's title to right-of-way arrl facilities in ARFAS OF a:M1ON USE arrl the priority of CITY'S title over DISTRIcr therein, arrl further acknowledges the right of CITY, its successors or assigns, to use ARFAS OF cnM)N USE in common with DISI'RIcr without need for any further permit or permission from DISTRIcr, provided, however, that any such use by CITY shall not endanger, interfere or =nflict with the flood =ntrol facilities or their functional operation without approval first being obtained from the Flood Control En3"ineer of such plans, which approval shall not be unreasonably withheld. b. That prior to future reconstruction of the existing flood control facility to apply for arrl obtain written approval f= CITY of plans incorporating details pertaining to DISTRIcr ardjor DISTRIcr'S agent's perfonnance of construction activities within ARFAS OF a:M1ON USE. Application for said permission shall be in writing accompanied by four sets of contract plans arrl specifications. c. To indemnify, arrl hold hannless the City arrl their their officers, agents, volunteers arrl employees f= and against any and all clallns, demands, loss or liability of any kind or nature which the CITY ardjor their .~ . AGREEMENT: MAI~TENANCE OF TWIN WARM CREEK BRIDGE (Res 92-225 adopted 7/6/92) officers, agents, volunteers or employees my sustain or incur or which my be ~ upon them for injury to or death of any persons caused by the DIS'IRICT'S use of AREAS OF a:MM:)N USE. 2. Insofar as to the property owned by the DISI'RICT: a. To the reconstruction, mintenance, am operation of a bridge crossing an appurtenances thereto, at no expense to the DIS'IRICT within the AREAS OF a:MM:)N USE am to allow CITY am the traveling public to occupy am use said AREAS OF a:MM:)N USE for street am highway purposes; provided, however, that no such use, occupancy, =nst.nJ.ction, reconstruction or mintnence shall be effected by the CITY, its successors or assigns, in any manner which, in the opinion of the Chief Engineer of DIS'IRICT, nay interfere or =nflict with any st.nJ.ctures, facilties, operation or uses which DISI'RICT has or intends to have upon said lands, without first submitting plans of such occupancy or use to DIS'IRICT'S Chief Engineer at least thirty days prior to the date of such interrled occupancy or use am obtain his written approval therefore, which approval shall not be withheld, if in the opinion of the Chief Engineer, the proposal does not interfere or =nflict with the DIS'IRICT'S interests or the purpose of this Agreement. b. To submit to CITY at least thirty days in advance, plans for any proposed reconstruction or naintenance of DIS'IRICT facilities within Areas of COrmron Use which my endanger, interfere, or =nflict with CITY'S facilities or their functional operation am obtain written approval from the CITY of such plans. C. DIS'IRICT am CITY agree: 1. This agreement shall replace agreement number A5809002 dated September 8, 1956, =py attached as Exhibit "B" am agreement number A5809005 dated September 29, 1956 copy attached as Exhibit "C" as they affect or pertain to Haterll'an Avenue. TIIIS AGREEMENl' shall inure to the benefit of am be binding upon the successors am assigns of both parties. INO COUNTY FLOOD CONTROL DISTRICT /: ~,(l1J \II.' :/V~~ CITY OF SAN BERNARDINO, a Munici al Corporati (State if corporation, c Dilled upervisors l\UG 11 \992 1;) " 718 B Secretary of the Flood Co strict Ii R HOLCO , MAYOR 7/10/92 Attest.:~' _ J _ II /V.. . ~ ~"~ City Clerk 3 North "D" Stre~ Addreg SAn R~rnArrlinn. ~A 92418 ATTESTED: :NO~~~, C,)~~lY Counse . S"-u -?'L :';J!C I Revi;tJ as to Af~tive Action, I ~;-I o. '0 \Sf.-VL- I Date 5 - :l 0 - q 9-. i Reviewed for Processing i _ IJr i .!:F 1i)',1 I! Agency Administrator/CAD Date '~ . 2:.59.697 R~..., "!;ll 4 Page of 4 "-~-.~_._- , f~ I ~~~~ K ~~ ~ ~ , ~..' ~~~~ It V\ ~ !II :?' 0 ~ ~ C>~ ~\-'\. 'I; ~ ~ f C\. ~ :-j2t: ~ ~ \) ~>-;:,~ i-~ ~ 1- ~\\:s ."'" ~~~.. ~ ~.~ ~~~ ~ > \. ~ ii- I ,. , 'I: , . , "Y/' ~ ;(;'''':' . ;/ ./ ." xc. . / . !I(. 1~5f60 . .. Wz/2' ~'\ ~ @ _---'C-" r . ., . ~ \Ii '"1 I ?II I !:> ~ MATCJ.I .,. ,... '''/- ." /' ~ ~ ~ ?Ii" ~ .'~ ',#? ~ DO. Of) ~eE SJlEET ..; 'x. "--,' .. LINE .... --':,':.'":) ..' ~'l>:- '-:-_' ~ - ~ '.... ~.,' . ~,;<~ ~~~~;. . .~.. ~ .~. . < .~ . EAlUBIT II B" .. CONSENT to COMMON USE AGREEMENT ~tr;.. ~ by and between SAN BERNARDINO COUNTY nOOD CONTROL DISTRICT, a TlITS AGREEMENT, entered into this , 1958, body corporate and politic of the State of California, hereinafter called "District", and the COUNTY OF SAN BERNARDINO, a body corporate and politic of the State of California, hereinafter called "County", WITNESSETH: WHEREAS, County is in possession of certain rights of w.y and easements for street purposes, hereinafter referred to as "road easements", and described as follows: A. Mill Street, Central Avenue, Waterman Avenue and Fourth Street, each 82.5 feet wide, as shown on plat of Rancho San Bernardino recorded in Map Book 7, Page 2, in the office of County Recorder of San Bernardino County, and .<: ! B. Cardiff Avenue, 40 feet wide, as shown on plat of the I Ida Stockton Five Acre Subdivision recorded in Map Book 19, l Page 57, in the office of said County Recorder, and '--~.... C. Third Street, 82.5 feet wide, as per deed recorded on March 21, 1929 in Official Records Book 468, Page 350, in the office of said County Recorder. WHEREAS, District has or is acquiring certain lands in the unincorporated area of the County for the purpose of constructing East Twin and Warm Creeks Channel, hereinafter referred to.as "District's right of way" i and WHEREAS, said channel will underlie or otherwise occupy portions of road easements, which portions are hereinafter referred to as "area of common use", and is described as follows: Those portions of Mill Street, Central Avenue, Waterman Avenue, Fourth Street, Cardiff Avenue and Third street as hereinabove described, lYing within the District right of way boundary lines produced across said road easements as said lines are shown on Right of Way Map Nos. 2.409/13 and 14, on file in District's office. NOW, THEREFORE, District and County mutually agree as follows: 1. County hereby consents to the construction, reconstruction, -1- .,'2.1 .:f.u,:::,.,; -;/~:/./I.<j I' J/,/!Ii-J,.i. . , 4~ .::-g:; 10D, 2- r;4f..-v-.;t;' .,.' ~ -9 EXHIBfI ll~ maintenance or use by District and the United States Government, through the Corps of Engineers, of a flood control channel and appurtenances under, over, along and upon road easements, in the area of common use upon and eubject to the terms and conditions herein contained. 2. District acknowledges County's right to road easements in said area of com.'l1on use and the priority of County's right., County has and reserves the right and easement to use in common with the public's use of said roads, said area of common use for all of the purposes for which road easements were required, without need for aey further permit or pennission from District. Except in emergencies, District shall give reasonable notice to County before performing aey work on District's facilities in said area of common use where such work will be performed in, on or over the traveled way or shoulders of said roads, or will obstruct traffic. 3. Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of road easements. Both District and County shall use said area of common use in such a manner as not to interfere unreasonably with the rights of the"other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which District or County may now have or may hereinafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either the District or County in such a manner as to cause an unreasonable interference with the use of said area of common use by the other party. -2- 4. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. APPROVED AS TO FORM: /1 Albert E. Weller / ;" County c~..sel/1 /I. / } J)/ By 0/./! /tiJ,lI//I/;t/~ , I c/ ATI'EST: By U.O-e~ tlJtUL~~ V. Dennis Wardle Secretary of Board of Supervisors ~3- SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT COUNTY OF SAN BERNARDINO L By . . ' . jvIINUTE. OF THE BOARD OF SUPERVISCI. , OF SAN BEltNAtl.DINC COUNTY ACTDIG AS EX-OFFICIO BOARD OF SUPilli.VISOhS OF SAN 3t::Pj;;:ARDIUO COUNTY: FLOOD COl~THOL DISTRICT Meeting of the Board. of Supervisors of San b8rnardino County, actb(; as ex-officio Board of Supervisors of San Bernardono County Flood Control District held Monday, September 29 19 58 .' r'!or:lbcrs present:' S. Hesley Break, Chairman; Nagda Lav7S0n, Daniel D. rcli:ccsell, Paul J. Young, Nancy E. Smith. Secreto.ry: V. Dennis ;Jardle ....... II........ Acting on the recommendation of Chief Engineer Mo A. Nicholas, the Board of Supervisors, on motion of Supervisor Smith, duly seconded by Supervisor Hikesell, and carried unanimously, adopts the following resolution: BE IT RESOLVED by the Board of Supervisors of the San Bernardino county Flood Control District that it does hereby approve and authorize its Chairman to sign that certain Consent to Common Use Agreement dated September 29, 1958, between the San Bernardino County Flood Control District and the City of San Bernardino, relating to portions of Hill Street and Waterman Avenue in connection with the East Twin and Warm Creek channel improvement by the U. S. Army Corps of Engineers. . II... II...... .... I, V. DEHNIS ~iARDLE, Secretary of the Board of Supervisors of the San Bernardino County Flood Control District, San'Bernardino Cali- fornia, hereby certify the foregoing to be a full, true mid correct copy of the action taken by said District Board of Supervisors, by unanimous vote of the members present, as the same appears in the Official Minutes of said Board of its meetinG of September 2g, ]gS& , ,1 V .J?'.'^"-'~'l.- tC~I--Ll!i.( ,Secr8tary of the Board of Supervisors of San Ber- nardino County Flood Control District San Bernardino County, California Dated: September 29, 1958. ... . - A-5609005 CONSENT TO COHHON USE AGREEl1ENT ! , J'" '~ IJli,- ,~-;' " ! THIS AGREEMEN'l', entered into this.; - day of ,/i, ;rCi.,t.{ Ie '."-., I 1958, by and between SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a , body corporate and politic of the State of California, hereinafter called "District", and the CITY OF SAN BERNARDINO, a mun~cipal corporation of the State of California, hereinafter c;;lled "City", WITNESSETH: WHEREAS, City is in possession of certain rights of way and easements for street purposes, hereinafter referred to as "City's easement", and described as follows: Hill Street and Waterman Avenue (82.5 feet wide) as shown on plat of Rancho San Bernardino, recorded in Map Book 7, Page 2, in the office of the County Recorder of San Bernardino, and WHEREAS, District has or is acquiring certain lands in the vicinity of City for the purpose of constructing East Twin and Warm Creeks Channel, hereinafter referred to as "District I s right of way"; and WHEREAS, 'said channel will underlie or otherwise occupy portions of City1s eas..ment, which portions are hereinafter referred to as "area of common use", and is described as fellows: Those portions of Mill Street and Waterman Avenue (82.5 feet wide) as hereinabove described, lying within the District right of way boundary lines produced across said City easement as said lines are shown on Right of Way Map No. 2.409/13, on file in District's office. NOW, THEREFORE, District and City mutually agree as follows: 1. City hereby consents to the construction, reconstruction, -1- " /' II Ph/8/1" & I?). . maintenance or use by District and the United States Government, through the Corps of Engineers, of a flood control channel and appurtenances under, over, along and upon City's easement, in the area of common use upon and subject to the. terms and conditions herein contained. 2. District acknowledges City's right to City's easement in said area of common use and the priority of City's right. City has and reserves the right and easement to use in common with the public's use of said streets, said area of common use for all of the purposes for which City's easement was acquired, without need for any further permit or permission from District. Except in emergencies, District shall give reasonable notice to City before performing any work on District's facilities in said area of common use where such work will be performed in, on or over the traveled way or shoulders of said streets, or will obstruct traffic. 3. Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of City's easement. Both District and City shall use said area of common use in such a manner as not to interfere u"reasonably with the rights cf the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which District or City may no~ have or may hereinafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either the District or City in such a manner as to cause an unreasonable interference with the use of said area of common use by the other party. -2- . ,.: 4. THIS AGREE~'IT shall inure to the benefit of and be binding upon the successors and assigns of both parties. APPROVED AS TO FORN: Albert E. Weller County Counsel SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT By By Deputy ATTEST: J~ By {! 1)0 LL"L: ., V. Dennis Hardle Secretary of Board of Supervisors I'i, II / \ /1(' L~(;:~1/f(( ~ ATTEST: ;' ;' /;;--j ~, i'f,: /' b; 7/57/~~ City Clerk CITY OF SP~ BERNARDINO ~"l~~1) . or Pr '... e . p re APl',ROVED: /, ~ /'/; , /L-~ . CITY ~J -? ~'/' (j , ___. -I.. ATTORNEY '--- -3- '.. , " , E U New r Vendor Code I DePt.-T Contract Number I M Changel ISC IA v Cancel ^ County Department Dept. Orgn. Contractor's License No. ! FOR COUNTY USE ONL Y FLOOD CONTROL DISTRICT 092 Flood Control District Contract Representative 092 Ph. Ex!. Amount of Contract SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT Dept. I , ' i 092 I 092 Commodity Code Organization I Appr. ~ I FY 387-2736 Obj/Rev Source -0- Activity GRC/PROJ/JOB Number I I FA29203 Estimated Payment Total by Fiscal Year Amount liD FY Amount liD Project Name 'IW:in Warm Creek at Wateman Avenue , I- i 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 r,TTY OF SAN BERNARDINO ::'I..dd'~ss hereinafter called "CITY" 300 N "Jl~_s.traat,,_ (Per RES NO 92-225 adopted 7/6/92 ) ---San RpT'nAT'oi nn , J;A q2418 Phone 3;,,1' Date ~_51.lL_ ;::ej~,;!; ~;J ~,;o. Of SDcl~1 Security '\)0 _..l.~ 0;>-1 ;>5.5----~-------------------- iT IS hEREBY AGREED .t,S FOLLOWS: fUse SJ2ce, be/c'w and adaitlonell Q,;na sheets. Set ,'(;,-r,;" se,:vicp to r,-,~ r""oEred. 3'-'1O:.1:i, to be '"aiu, ma'1ner of ;:aymenr, tim:': fo( performance or completion, d!~ri?::::,,"'atlc'n of sat/sfaerer." par,'Q,'mS,;CB ar'd ~'ausc fer l:::D'iJl3tic1 .:,the,' t~"rns ard ::onj.'tl'_1nS, .,-:rc attach p/ans, soecifiGatlJns. and addenda, If anv.) 'IHIS AGREEMENT, made arrl entered into this day of 19~, by arrl between the CITY OF SAN BERNARDINO, a municipal corporation of the state of Califomia, hereinafter referred to as "CITY", arrl the SAN BERNARDINO CXlUNI'Y FlOOD CXlNTROL DISI'RIcr, a body corporate arrl politic of the state of California, hereinafter referred to as "DISI'RIcr". WITNESSETH WHEREAS, CITY desires to operate arrl maintain, at no cost to the DISI'RIcr, a bridge crossing of the DISI'RIcr'S 'IWIN CREEK CEANNEL within DISI'RIcr owned lams and the DISI'RIcr desires to operate arrl maintain at no cost to the CITY a channel crossing of Watel:1nan Avenue within CITY owned lams; NCM'lHEREFORE, IT IS UNDERS'IOOD AND MlJIUALLY AGREED AS FOI..I.CMS: WHEREAS, the DISI'RIcr is the owner of the lams upon which a portion of a bridge crossing of Twin creek Clannel at Watel:1nan Avenue has been constructe:i; WHEREAS, the CITY is the owner of lams upon Which a portion of 'IWIN CREEK CEANNEL at Watel:1nan Avenue has been constructe:i; FxHI811 '14-" FA29203 1 4 WHEREAS, both agencies are will:in:J to allow the other agency to effect operation am maintenance of the facilities on said agency's property, provided that the integrity am functional capacity of the facilities of the agency owning the right-of-way are not impaired thereby; WHEREAS, DISTRIcr am CITY will mutually benefit by sett:in:J forth herein the rights am responsibilities of each within AREAS OF roM)N USE, said AREAS OF a::r-lIDN USE are shown on Exhibit "A" attached hereto am made a part hereof; NCM 'IHEREFORE, in =nsideration of the premises am mutual benefits derived, it is mutually agreed by am between the parties hereto as follows: A. em AGREES: 1. Insofar as to property owned by the DISTRIcr: a. To acknowledge DISTRIcr'S title to the right of way am facilities in AREAS OF roM)N USE am the priority of DISTRIcr'S title over CITY therein, am further acknowledges the right of DISTRIcr, its SUCCE>f'sors or assigns, to use AREAS OF roM)N USE in COI11ll'Qn with CITY without need for any further pennit or permission fram CITY, provided, however, that any such use by DISTRIcr shall not endanger, interfere or =nflict with CITY'S facilities or their functional operation without approval first be:in:J obtained fram the CITY of such plans, which approval shall not be unreasonably withheld. b. 'Ihat prior to future re=nstruction of exist:in:J facilities, to apply for am obtain written approval fram DISTRIcr of plans in=l:pOrat:in:J details pertain:in:J to CITY and/or CITY agent's performance of =nstruction activities within AREAS OF a:MDN USE. Application for said permission shall be in writ:in:J a=rpanied by four sets of =ntract plans am specifications. c. To accept full responsibility am cost for any am all re=nstruction, operation am maintenance of or liability for the bridge facilities (includ:in:J all roadway culverts, pipes, am those portions of the bridge structure, includ:in:J approaches, sidewalks am other appurtenant works, located above the bottom plane of the bridge seats or soffit of the deck structures, whichever is lowest. ) ~ d. To indemnify, ~ am hold hannless the DISTRIcr, their officers, agents, volunteers am employees from am against any am all clailns, demands, loss or liability of any k:irrl or nature which the DISTRIcr and/or their officers, agents, volunteers or employees may sustain or incur or which may be ~sed upon them for property claJrage am injury to or death of any persons caused by the CITY'S use of the AREAS OF a:MDN USE. . . 2. Insofar as to the prq:Jerty owned by the CITY: a. To the reconstruction, maintenance an:} qJeration of a channel facility an:} ar:pn:tenances thereto, at no expense to the CITY within the ARFA'3 OF o:::MoIlN USE an:} to allow DISTRIcr to oocupy an:} use said ARFA'3 OF roHlN USE for flood control purposes; provided, however, that no such use, QOCIlpaI1Cy, reconstJ:uction or maintenance, shall be effected by the DISTRIcr its snccessors or assigns, in any manner which, in the opinion of the Chief Ergineer of the CITY, may interfere or conflict with any stJ:uctures, facilties, qJeration or uses which CITY has or intends to have upon said lan:is, without first subnittin3' plans of such QOCIlpaI1Cy or use to CITY'S Chief Ergineeer at least thirty days prior to the date of such inten:led occupancy or use an:} obtain his written approval therefore, which approval shall not be withheld, if in the opion of the Chief Ergineer, the proposal does not interfere or conflict with the CITY'S interests or the purpose of this agreenent. b. To process necessary pennit or pennits to DISTRIcr upon proper application by DISTRIcr as provided herein subject to the provisions an:} coIXlitions of this Agreement. c. To submit to DISTRIcr at least thirty days in advance, plans for any proposed road or bridge, reconstJ:uction or maintenance within ARFA'3 OF roHlN USE which may endanger, interfere, or conflict with DISTRIcr flood control facilities or their functional operation an:} obtain written approval from the District Ergineer of DISTRIcr of such plans. d. Accept full responsibility an:} cost for any an:} all reconstJ:uction, maintenance or qJeration of the bridge lyin3' above the plane of the soffitt of the deck stJ:ucture, as set forth in paragraIil A.1.c. B. DISTRIcr AGREES: 1. Insofar as to the property owned by the CITY: a. To acknowledge CITY's title to right-of-way an:} facilities in ARFA'3 OF roHlN USE an:} the priority of CITY'S title CNer DISTRIcr therein, an:} further acknowledges the right of CITY, its successors or assigns, to use ARFA'3 OF roHlN USE in CCHIllocm with DISTRIcr without need for any further pennit or pennission from DISTRIcr, provided, however, that any such use by CITY shall not endanger, interfere or conflict with the flood control facilities or their functional operation without apprCNal first being obtained from the Flood COntrol Ergineer of such plans, which approval shall not be unreasonably withheld. b. 'Ihat prior to future reconstJ:uction of the existing flood control facility to apply for an:} obtain written approval from CITY of plans incorporating details pertaining to DISTRIcr aIXljor DISTRIcr'S agent's perfonnance of constJ:uction activities within ARFA'3 OF roHlN USE. Application for said pennission shall be in writing aCXXXllpallied by four sets of contract plans an:} specifications. c. To iIXlemnify, an:} hold hannless the City an:} their their officers, agents, volunteers an:} enq;:>loyees from an:} against any an:} all clains, demaIXls, loss or liability of any k:in:i or nature which the CITY aIXljor their AGREEMENT: MAINTENANCE OF TWIN WARM CREEK BRIDGE officers, agents, volunteers or employees nay sustain or incur or which nay be imposed upon them for injury to or death of any persons caused by the DIS'IRIcr'S use of ARFA<; OF CJ::lolM:)N USE. 2. Insofar as to the property awned by the DISl'RIcr: a. To the reconstruction, naintenance, and operation of a bridge crossing an appurtenances thereto, at no expense to the DISl'RIcr within the ARFA<; OF CJ::lolM:)N USE and to allow CITY and the traveling public to occupy and use said ARFA<; OF CJ::lolM:)N USE for street and highway p.u:poses; provided, however, that no such use, occupancy, construction, reconstruction or naintnence shall be effected by the CITY, its su=essors or assigns, in any nanner which, in the opinion of the arief En:Jineer of DISI'RIcr, nay interfere or conflict with any structures, facilties, operation or uses which DISI'RIcr has or inten::ls to have upon said lands, without first su1:anitting plans of such <X'<"'lpancy or use to DISI'RIcr'S arief En:Jineer at least thirty days prior to the date of such inten:ied 0CCI1pancy or use and obtain his written awroval therefore, which awroval shall not be withheld, if in the opinion of the arief En:Jineer, the proposal does not interfere or conflict with the DISI'RIcr'S interests or the ~ of this Agreement. b. To su1:anit to CITY at least thirty days in advance, plans for any proposed reconstruction or naintenance of DISI'RIcr facilities within Areas of Common Use which nay endanger, interfere, or conflict with CITY'S facilities or their functional operation and obtain written awroval from the CITY of such plans. e. DISI'RIcr and CITY agree: 1. This agreem:mt shall replace agreem:mt mnnber A5809002 dated September 8, 1956, copy attached as Exhibit "B" and agreem:mt mnnber A5809005 dated September 29, 1956 copy attached as Exhibit "e" as they affect or pertain to Watennan Avenue. 'IHIS AGREEMENT shall inure to the benefit of and be binding upon the Sl.l~SOrs and assigns of both parties. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT CITY OF SAN BERNARDINO, a Municipal Corporation (State If corporation, company, etc.) ... Chairman, Board of Supervisors By ... Dated (A,,/hon:~ed Sigflo/llie) Dated ATTESTED: ... -- Secretary of the Flood Control District Title _ Mayor 300 North "D" Street Address San Be.rn...<u:liino. CA 92418 Appro\'~as to Legal Form Ca-- -" .. .., ,- /. ." ". .({~,.z4/" CO:'::1t'{ CounSG-I . S" - 2. I -9'L '-.-::;1:<:;___ Revie(ved as lO Affirmative Action ~~L !:;e"12'.vea 'Jc ?recessing \ ...~ Date !) -,}.D - Ojrl-. ... )~gcr,cy ,!;l,lIlw"strJtOf"CAO C21b159.697 f..lev 1'91 : Date ________~~________ 4 4 Page _____ cf ____n____ f. ......, .~/, I I' ~~ . - ti;CI\ '. @ --./'--- .' 1 . . ~ if; ~ I~ IS> ~ MATCJ.I .,. ,.... ~, ,~~. .,' ,"', C,f~1 ' 'fT~"':J.7!5...;~ ~'~ ,~ ,~ ?II !:. ~ .s 7 A.I 6? ,. (JO. Ot) .sEE SIIEET .; LINE ~ "',., -"'-" . t.,j,~ h . ~.,.~.' ..,....'- > , , o ~ ..--. r-- ..--. -0 r '" ItaiIBIT ""B" ," 1958, CONSENT TO COMMON USE AGREEHEIlT ~~ay o~~ by and between SAN BERNARDINO COUNTY nOOD CONTROL DISTRICT, a TlUS AGREEMENT, entered into this body corporate and politic of the State ot California, hereinafter called "Dlstrictll, aod the COUNTY OF SAN BERNARDINO, a body corporate and politic of the State ur Cw.1.fornia, hereinafter callt:d itCountyll, WITNESSE'I'Il , WHEREAS, County is in possession of certain rights of w.,- and easements for street purposesi hereinafter referred to a3 "road easements", and described as follows: A. Mill Street, Central Avenue, Waterman Avenue and ~ Street, eacb. 82.5 feet wide, as shown on plat ot Rancho San Bernardino recorded in Map Book 7, Page 2, in the ottice ot County Recorder of San Bernardino County, and /" . B. Cardiff Avenue, 40 feet wide, as .how on plat of the Ida Stockton Five Acre Subdivision recorded in Map Book 19, Page 57, in the office of said County Recorder, and C. Third Street, 82.5 feet wide, aa per deed recorded on March 21, 1929 in Official Records Book 468, Page 350, in tb.e office of said County Recorder. WHEREAS, District has or is acquiring certain. lands in the unincorporated area of the County for the purpose of constructing East Twin and Warm Creeks Channel, hereinafter re!erred to 48 IlDistrlctl s right of way"; and WHEREAS, said channel will underlie or otherwise occupy portiOnB of road easements, which portions are herei.na.f'ter referred to as "area of cOll1lllOn use", and is described as follows: Those portions ot Mill Street, Central Avenue, Waterman Avenue, Fourth Street, Cardiff Avenue and Third Street as hereinabove described, lying within the Di.trict right of way boundary lines produced across said road easements as said line. are ehow on Right of Way Map Nos. 2.409/13 end 1.4, on !ile in District's office. NOW, THEREFORE, District and County mutually agree a. follows: 1. County hereby consents to the construction, reconstruction, -1- ~. .;tc/.~ 7".~/I...:j... '/.1//-.., 4.~'3:)9o=' 2- (..:q,,\/,...:l .,' -,,~.:(4 .:: EXHIBIT !J~ maintenance or use by District and the United States Government, through the Corps of Engineers, of a flood control channel and appurtenances under, over, along and upon road easements, in the area of common use upoo and subject to the terma and conditioD.s herein contained. 2. District acknowledges County1s right to road easements in said area of common use and the priority of County's right., County has and reserves the right and easement to use in common with the public I s use of said roads, said area of common use for all of the purposes tor which road easements were required, without need tor 8.DY' further permit or permission from District. Except in emergencies, District shall give reasonable notice to County before performing any work on District I s facUities in said area of common use where such work will be perfonned in, on or over the traveled way or shoulders of said roads, or will obstruct traffic. 3. Except as expressly set forth herein, thi8 agreement shall not in any w&.y' alter, modi.f'y or tenninate any provision of road ea8ements. Both District and County shall use said area of common use in such a manner as not to interfere unreasonably with the rights of the', other. Nothing herein contained shall be construed as a release or waiver ot any claim for compensation or damages which District or County may now have or may hereinafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either the District or County in such a manner as to cause an unreasonable interference with the use of said area at common use by the other party. -2- " 4. THIS AGREEMENT shall inure to the henetit of and he binding upon the successors and assigns of both parties. APPROVED AS TO FORM: ,1 Albert E. Weller / / County ;~e/)~ f/ By I~/: 1/ /!dl/1/1ft/~ G/ ArrEST' By u,a.e~ t;J~U~,-=-- V. Dennis Wardle -.. Secretary of Board of Supervisors -3- SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT By ~, C airman, Board. f Supervisors, S~ Bernardino County Flood Control District COUNTY OF SAN BERNARDINO ) By, irman, 0 rei 0 Supervis.rs / San Bernard' County .. A-5&J9005 CONSE.NT TO COW10N USE AGREEMENT THIS AGREEMFJJl', entered into thie .:'< '/ -/j,,- day of /-/ ,_ !lEt; I{~<^--, / 1958, by and between SAN BERNAlillINO COUNTY FLOOD CONTROL DISTRICT, a body- corporate and politic of the State of California, hereinafter called "District", end the CITY OF SAN BERNARDINO, a mun;icipal corporation of the State of California, hereinafter celled "Cityll, WITllESSETH: WHEREAS, City is in possession of certain rights of way and easements for street purposes, hereinafter referred to as neity's easement", and described as follows: Mill Street and Waterman Avenue (82.5 feet wide) as shown on plat of Rancho San Bernardino, recorded in Hap Book 7, Page 2 J in the office of the County Recorder of San Bernardino, and WHEREAS, District has or is acquiring certain lands in the viCinity of City for the purpose of constrocting East Twin and Warm Creeks Channel, hereinafter referred to as llDistrict's right of warll; and WHEREAS, said channel will underlie or otherwise occupy portions of City's easf>ment, which portions are hereinafter referred to as "area of common usell, and is described as fellows: Those portions of Mill Street and ~aterman Avenue (82~5 feet wide) as hereinabove described, lying within the District right of way boundary lines produced across said City easement as said lines are shown on Right of Way Map No. 2.409/13, on file in District's office. NOlI, THEREFORE, District and City mutually agree as follows: 1. City hereby consents to the construction, reconstruction, -1- " " PII/IIT C 17". ~. .. maintenance or use by District and the United States Government, through the Corps of Engineers, of a flood control channel and appurtenances under, over, along and upon City's easement, in the area of common use upon and subject to the terms and conditions herein contained. 2. District acknowledges City's right to City's easement in said area of .common use and the priority of City' s right. City has and reserves the right and easement to use in common with the public's use of said ~treets, said area of common use for all of the pw::'oees for which City's easement was acquired, without need for any further permit or permission from District. Except in emergencies, District shall give reaeon~ble notice to City before performing any work on District's facilities in said area of cornman use where such work will be performed in, 00 or over the traveled way or shoulders of said streets, or will obstruct traffic. 3. Except as expressly set forth herein, this agreement shall not in any way alter, modir,y or terminate any provision of City's easement. Both District and City shall use said area of common use in such a manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed a~ a release or waiver of any claim for compensation or damages which District or City may now have or may hereinafter acquire resulting from the construction of additional facilities or the alteration of existing facilities b}p either the District or City in such a manner as to cause an unreasonable interference with the use of said area of common use by the other party. -2- " 4. THIS AGREEME.'IT shall inure to the benefit of and be binding upon the succe5eor~ and assigns of both parties. APPROVED AS TO FORM: Albert E. Weller County Counsel By Deputy ATTEST: /\ i i ji ' By U :;~(J u..~\..( <.:J V. Dennis ~-lardle Secretary of Board of Supe rvisors I , I, l{' Ii, L' ,;/1 ~l//. ..(",~ ATTEST: i~'I%'~ V " 0< 07/r'7, City Clerk .J APPROVED: '. /'. IA..v>?'( CITY /' />// (/( , / ,--. - / ATTO~EY__ .-l -~ -3- SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT By airman, Eo Supervisors an Bernardino County Flood Control District CITY OF S}~ BERNARDINO ~Wf0/~1) ". ,. MINUTE.. OF THE BOARD OF SUPERVISOl.. OF SAN BERNARDINO COUNTY "CTIlle AS EX -OFFICIO BOJlRD OF SUPERVISORS OF SAN 3SF1.ARDIliO COUNTY FLOOD CONTROL DISTRICT Meeting of the 30ard of SUDcrvisor s of San B ..::rnardino County, acti:1L as ex-officio Board ~f Supervisors of San Bernardono County ii'load Control District held Monday, September 29 19 58 ~ < EQ'1bcr,s present:' S. :le51ey 3reak, Chairman; Eagda Lawson, Daniel D. rvli:~esell, Paul J. Young, Nancy E. Smith. Secret:J.ry: V. Dennis ;;'ardle Acting on the recommendation of Chief Engineer Mo Aa Nicholas, the Board of Supervisors, on motion of Supervisor Smith, duly seconded by Supervisor Mikesell, and carried unanimously, adopts the following resolution: BE IT RESOLVED by the Board of Supervisors of the San Bernardino County Flood Control District that it does hereby approve and authorize its Chairman to sign that certain Consent to Common Use Agreement dated September 29, 1958, between the San Bernardino County Flood Control District and the City of San Bernardino, relating to portions of Mill Street and Waterman Avenue in connection with the East Twin and Warm Creek channel improvement by the U. S. Army Corps of Engineers. .................. I, V. DEHNIS ',!ARDLE, Secretary of the Board of Supervisors of the San Bernardino County Flood Control District, San. Bernardino Cali- fornia, hereby certify the foregoing to be a full, true illld correct copy of the action taken by saia District Board of Supervisors, by unanimous vote of the members present, as the same appears in the Official Minutes of said Board of its mcetinc of Seotp-mbP-T 2q. ]q~~ ! September 29, 1958. v ':It.._~.l.- to. , Secretary of tle oar 0 uperv,sors of San Ber- nardino County Flood Control District San ,Bernardino County, California Dated: . EXHIBIT 1 SCOPE OF SERVICES 1. PRELIMINARY REVIEW: The Project Team wi 11 field review and inventory the existing facilities. Meetings will be conducted with City staff to establish the project requirements. 2. CONCEPT DEVELOPMENT: Conceptual layouts and sketches wi 11 be developed and shared with City staff. Concepts wi 11 be refined as needed and preliminary cost estimates will be prepared. 3. DEVELOPMENT OF FINAL PLANS AND SPECIFICATIONS: When conceptual approval has been granted by the City staff, detailed plans will be started. Progress Prints will be provided to staff as design proceeds. Final Plans will include all detailing necessary to constitute a complete set of Contract Documents ready for the bidding process. 4. THE BID PROCESS: The Project Leader will assist as needed in the review of bids and will serve in an advisory role for the contract award.