HomeMy WebLinkAbout1992-338
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07/27/92
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RESOLUTION NO, .92-33!i
RESOLUTION OF THE CITY OF SAN BERNAROINO AUTHORI7.ING THE EXECUTION
AND ACCEPTANCE OF A "PERMIT TO ENTER" AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR ENTRY UPON CITY-OWNED PROPERTY GENERALLY
LOCATED AT 1208 NORTH "H" STREET (FIRE MAINTENANCE STATION 1/47).
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 Bernordj no IS
hereby iwthorized and directed to execute nnd accept on behnlf of said City.
9 a "Permit to Enter" Agreement with the State of Cal i fornin [)epartment of
10 Tr'nnsportatiou, a copy of which is aUached hereto ilnd incorporilted hv
11 reference herein, as fu] Iv ilS though set forth in length, marked Exhibit
12 "A". for' the entry upon that certain real property owned by the City of SilO
13 Bernardino, and mor'e general Iv known as ]208 North "tI" Street.
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SECTION 2,
The iluthorizntion to execute the ilbove-n,ferenced
15 agreement is rescinded if the parti es to the agr'eement fai I to execute it
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within one
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hundt'ed twenty (120) days of the passage of this resolution,
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ACCFPTA'\CF AS!) FXFCUTTO'I OF "FR'1JT TO FNTEJi: l20R I/(WTH "f)" STRFET (FIJlF
MAINTENANCE STATION 1147'1
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I HEREBY CERTIFY that the foregoing resolution was dllly ildopted hy
2 the Mayor and "ammon Council of the City of San Bernardino at a
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07/22/92
3 ___J_e<Jul,a~_
meeting
thereof
held
on the
. AU<J.ust___
, 1992, by the following vote, to-wit:
17th day
COUNCIL MEMBERS:
ESTJiAllA
REILLY
HRRNANllFZ
MAUllSLEY
MINOR
POPE-LUDLAM
MILLER
The
of
AYES
NAYS
ABSTAIN
ABSENT
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x
x
x
x
x
x
i?~_.~.~....
R~Krasney, CIty Clerk
I '6:ili
foregoing resolution is hereby approved this
~%-\
Appr'oved as to form
ilnd legal content:
James F. Penman,
City Attornev
By:
i)
~~~1~.(~
day
, 1992.
~~4~.. _.'~---.~;2~-;/
/ W. If: w.-;"l~~ b, M yor
City of Sa Hern rdino
2
.y-
, . '51 A TE Of CAUFORNIA-6USINESS, TRANSPOR
Res. 92-338
AND HOUSING AGENCY
PETE WILSON, Go\oernor
DEPARTMENT OF TRANSPORTATION
DISTRICT 8, P.O. BOX 231
SAN BERNARDINO. CALIfORNIA 92402
TOO (7") 38~
@
June 11, 1992
File No. 15.02-1265
08-SBd-215-4.1/10.1
Parcel No. 9962
E.A. 007110
City of San Bernardino Fire
Department Maintenance
Facility (47)
State of California
Department of Transportation
Mr. Ken Steele
District Director of Transportation
District 8
247 West Third Street
San Bernardino, CA 92402
Dear Mr. Steele:
PERMIT TO ENTER
I. It is my understanding that the following facts pertain to
the property located at 1208 North H Street, San
Bernardino, California, and shown on the attached plat:
1. The property or a portion thereof is being considered
for construction of a transportation project identified
as: Widening of Route 215 corridor from Orange Show
Road to Massachusetts Road.
2. The Department of Transportation finds it necessary to
enter upon the property previously described for
gathering data needed for the transportation project
noted above.
3. The purpose for such entry onto the property is to take
boring samples of soil and possibly ground water to
determine whether the site has been contaminated by
hazardous substances.
II. I also understand that in consideration for granting
permission to enter our property, the Department of
Transportation will:
1. Retain a qualified contractor for taking geological
samples at the above mentioned site for laboratory
analysis for the fOllowing contaminates: Hydrocarbons,
metals and solvents.
Res. 92-338
,.... ,." ~:
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.
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PERMIT TO ENTER
June 11, 1992
Page 2
2. Require the contractor to coordinate the testing with
the operator's schedule. Unless objected to by the
operator, the testing will be performed during normal
business hours.
Forty-eight (48) hours notice will be given to the
operator prior to entry upon the property.
3. In accepting this Permit to Enter, agree, insofar as it
may legally do so, that it will repair and restore or
pay the cost of repairing and restoring any property
damaged as a result of work done by the Department of
Transportation or the Department of Transportation's
contractor and will insofar as it may legally do so,
indemnify and save harmless the undersigned against all
claims, demands, suits, judgments, expenses and costs
on account of injury to or death of persons or loss of
or damage to property arising out the performance of
such work by the Department of Transportation or the
Department of Transportation's contractor. This
agreement of indemnification does not extend to any
property damage the undersigned may have suffered by
reason of hazardous waste on the property. Nor does it
indemnify the owner(s) from any liability as a
consequence of the presence of hazardous waste on the
property.
III. It is understood that if the Department of Transportation
discovers the presence of contamination on the property
through the tests described herein or from other sources,
further testing may be required to determine the extent of
the contamination. That testing may be required by the
Water Quality Control Board, the Department of Health
Services, or other regulatory agencies. It is further
agreed that the Department of Transportation or its
authorized contractor has the right to enter for further
testing, for a period of one (1) year from the date of the
signing of this permit. The procedure for notification for
subsequent testing is referred to in Section II (2) of this
document.
Res. 92-338
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PERMIT TO ENTER
June 11, 1992
Page 3
IV. On the basis of the above, a Permit to Enter is hereby
granted to enter the property previously described for the
purposes stated with the understanding that this Permit to
Enter is not a waiver of the right to compensation for such
property or any remed authorized by law to secure payment
therefor. J
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Date
AUG 2 6 19!1!
By
W. R. HOLCCNB, MAYOR
CITY OF SAN BERNARDINO
RECO~~ED FOi A P~!t~lJ/: /
By ~/L&-Al.Zf!c;' JI f/UlliJ!1]
RONALD L., WANEE
Right of Way Agent
I
B,y (j It~ C I Jo--/\
, ~LEE
0~ Chief, Acquisition Branch
I I Right of Way
ACCEPTED:
STATE OF CALIFORNIA
Department of Transportation
1k :;I'~
BY W;: {If 0 YI1i1, VI
(dh ILLIAM B. DAY
/ ' Deputy District Director
Right of Way
APPROVED AS TO FORM
AND LEGAL CONTENT.
James F. Penman,
City Horney Q
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