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1 RESOLUTION NO. 91-464
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO
3 RELATING TO THE ACQUISITION OF ADDITIONAL RIGHTS-OF-WAY FOR THE
IMPROVEMENT OF FORTIETH STREET, FROM THIRD AVENUE TO ACRE LANE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, an Agreement with the County of San Bernardino, relating to
9 the acquisition of additional rights-of-way for the improvement
10 of Fortieth Street, from Third Avenue to Acre Lane, a copy of
11 said agreement is attached hereto, marked Exhibit "A" and
12 incorporated herein by reference as fully as though set forth at
13 length.
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SECTION 2. This agreement and any amendment or modifica-
15 tions thereto shall not take effect or become operative until
16 fully signed and executed by both parties. The City shall not be
17 obligated hereunder unless and until the agreement is fully
18 executed and no oral agreement relating thereto shall be implied
19 or authorized.
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SECTION 3.
This resolution is rescinded if the parties
21 to the agreement fail to execute it within sixty (60) days of the
22 passage of this resolution.
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10-22-91
RESO: ~UTHORIZING EXECUTION OF AGREEMENT' WITH 'COUNTY OF SA
BERNARDINO RELATING TO ACQUISITION', OF RIGHTS-OF-WAY FO
IMPROVEMENT OF FORTIETH STREET.
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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
reqular
meeting thereof, held on the
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18th day of Novpmher
, 1991, by the following vote, to-wit:
5 Council Members:
6 ESTRADA
AYES
NAYS
ABSTAIN
ABSENT
x
7 REILLY
x
8 HERNANDEZ
x
9 MAUDSLEY
x
10 MINOR
11 POPE-LUDLAM
12 MILLER
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x
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~~K~y Clerk
The foregoing resolution is hereby approved this 21st
day of
November
, 1991.
comb, Mayor
an Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
II
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City of S Bdno Res. No. 91-464
1 COOPERATIVE AGREEMENT
2
3 THIS AGREEMENT, made and entered into this day of
4 ' 1991, by and between the County of San Bernardino,
5 a body corporate and politic of the State of California,
6 hereinafter referred to as "COUNTY"; the San Bernardino County
7 Flood Control District, a body corporate and politic of the State
8 of California, hereinafter referred to as "DISTRICT"; and The
9 City of San Bernardino, a municipal corporation of the State of
10 California, hereinafter referred to as "CITY."
11 WITNESSETH:
12 WHEREAS, 40th Street, between Third Avenue and Acre Lane
13 is in need of improvements, including widening, and installation
14 of traffic signals at "H" (North "E") Street, to serve current
15 and projected traffic needs; and
16 WHEREAS, approximately 39% of this section of 40th Street
17 is within the unincorporated area of County with 61% within the
18 incorporated area of City, and
19 WHEREAS, County and City have entered into Contract No.
20 91-145, on 2-25-91, relative to preparation of plans,
21 specifications and estimate, and right of way plats; and
22 WHEREAS, County and City have established an Underground
23 Utility District, pursuant to Rule 20-A of the Public Utilities
24 Commission, to accomplish the undergrounding of overhead utility
25 lines; and
26 WHEREAS, acquisition of the necessary additional right-of-
27 way will be required in order for the utility companies to
28 underground Utility District; and
1 WHEREAS, County and City do mutually desire to specify the
2 duties and responsibilities of each agency in the acquisition of
3 additional right-of-way and construction of necessary improve-
4 ments on this section of 40th Street.
5 NOW, THEREFORE, BE IT MUTUALLY AGREED, AS FOLLOWS:
6 SECTION ONE: City Shall
7 1.01 Include sufficient funds in the 1991/92 Fiscal Year
8 Budget to finance the cost of appraisals and
9 negotiations for the acquisition of rights of way
10 within the incorporated limits of City (estimated to
11 be $ 50 , 000) .
12 1.02 Proceed to negotiate and acquire, by eminent domain
13 if necessary, the required additional right of way
14 within the incorporated limits in an expeditious
15 basis.
16 1.03 To act as Lead Agency in securing all required
17 environmental review approvals.
18 1.04 To prepare the plans, specifications and cost
19 estimate for construction and submit to COUNTY in
20 application for a no-fee construction permit for
21 construction of improvement in County unincorporated
22 area.
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SECTION TWO: County Shall --
2.01 Include sufficient funds in the 1991/92 Fiscal Year
Budget to finance the cost of acquisition of rights
of way documents, appraisal of property and acqui-
sition in an amount not to exceed $100,000.
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2.02 Proceed to negotiate and acquire, by eminent domain
if necessary, the required additional right of way
within the unincorporated limits as funding stated
above will allow.
2.03 To issue the CITY a no-fee construction permit for
the construction of improvement in the COUNTY unin-
corporated areas.
2.04 To assist the CITY in coordinating the removal or
relocation of utilities in conflict with the pro-
posed improvements.
SECTION THREE: BE IT FURTHER AGREED BY THE PARTIES
HERETO ---
3.01 That no party to the agreement nor officer nor
employees thereof shall be responsible for any
damage or liability occurring by reason of anything
done or in connection with any work, authority or
jurisdiction delegated to the parties under this
Agreement. It is also understood and agreed that
pursuant to Government Code Section 895.4 each party
shall fully indemnify and hold all other parties
harmless from any liability for injury (as defined
by Government Code Section 810.8) occurring by
reason of anything done or omitted to be done under
or in connection with any work, authority or
jurisdiction delegated under this Agreement.
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1 3.02 That the COUNTY and CITY will continue in their
2 efforts to complete necessary right-of-way
3 acquisition and utility relocations and to pursue
4 completion of improvements.
5 THIS AGREEMENT shall inure to the benefit of and be
6 binding upon the successors and assigns of the parties involved.
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COOPERATIVE AGREEMENT BETWEEN COUNTY OF SAN flERNARDINO AND CITY
OF SAN BE"RNARDINO RELATIVE TO ACQUISITION OF RIGHTS-OF-WAY FOR
IMPROVEMENT ON FORTIETH STREET.
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IN WITNESS WHEREOF, the parties hereto have caused this
2 Agreement to be executed by their respective officials thereunto
3 duly authorized.
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COUNTY OF SAN BERNARDINO
SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN
OF THE BOARD
EARLEEN SPROAT
Clerk of the Board of
Supervisors of the County
of San Bernardino
BY:
LARRY WALKER, Chairman
Board of Supervisors
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By: !2~~
RaChel Krasney, City Clerk
CITY OF SAN BERNARDI
OMB, Mayor
San Bernardino
Approved as to form and
legal content:
JAMES F. PENMAN,
City Attorney
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