HomeMy WebLinkAbout1990-068
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RESOLUTION NO. 90-6R
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT IHTH SOUTHERN PACIFIC TRANSPORTATION
3 CmjPAJ1Y RELATING TO THE INPROVEMENT OF HUN'l'S LANE AT GRADE
CROSSING NO. B-541.0.
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BE IT HE SOLVED BY THE .MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6
SEC'l'ION 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 Southern Pacific Transportation Co.,
9 relating to the improvel"lent of Hunts Lane at Grade Crossing No.
10 B-541. 0, which agreemelyt is attached hereto, marked F:xhibi t "A"
11 and incorporated herein bv reference as fully as though set forth
12 at length.
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SECTION 2.
The agreement shall not take effect until
14 fully signed and executed by both parties. The Citv shall not be
15 obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
18
SECTION 3.
This resolution is rescinded if the parties
19 to the agreement fail to execute it within sixty (GO) days of the
20 passage of this resolution.
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2-08-90
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and COffilnon Council 0" the City of San
Bernardino at a _requla<:___meeting thereof, held on the
March
1990, by the following vote, to-
5th_ day of
wit:
day of
AYES:
Council ~lembers
Estrada. Reillv. Flores~
Maudslev. Minor. Miller
NAYS:
None
ABSENT:
Council Member Pope L..udlam
~R2/~4b
, Ci ty Clerk
The foregoing resolu.tion j.s hereby approved this /3ctL
Mar~
, 1990.
m~~;4<~~i~
Approved as to form
and legal content:
James F. Penman
City Attorney
Bv
2-08-90
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HECOR
FF'/C A' ~~D IN
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'/990 JUL Ie p" 4 '
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DAN B~
CO Co Rt.ARDJNO
.. CALIF
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90-278376
ckllopREG 59-60
'Y~';
THIS AGREEMENT, made this ~ day of
/ihC
"'JOlT No. ........__....._n_n'
,
by and between SOOTHERN PACIFIC TRANSPORTATION COMPANY, herein
called "Railroad", and CITY OF SAN BERNARDINO, a municipal
corporation of the State of California, herein termed "City";
RECITALS:
The parties hereto desire to set forth by this
instrument their agreements with respect to the improvements
of an at grade crossing of Hunts Lane where same crosses
tracks of Railroad at or near San Bernardino, in the County
of San Bernardino, State of California (Crossing B-541.0).
AGREEMENT:
1. Warning devices shall be installed at said crossing in the
approximate location shown on the attached Drawing B-7064, Sheet No.
1, revised January 22, 1988, pursuant to a separate agreement to be
entered into with the State of California.
2. Railroad, at the exp'ense of the City, shall furnish the
necessary materials, tools and equipment and shall perform
the following work:
A. Rehabilitation of cross ties and rail through three
track crossings.
B. Install three rubber crossing surfaces. City, at its
expense, will furnish rubber crossing material.
City agrees to reimburse Railroad for 100% of the cost and
expense incurred by Railroad in connection therewith.
3. Except as ahove provided, City, at City's expense, shall
perform all other crossing work.
4. Following execution of this instrument, Railroad will order
the delivery of all materials required to perform the work
contemplated herein and shall submit to City a bill for Eighty
Percent (80%) of City's share of the estimated cost of materials to
be furnished by Railroad. As soon as the crossing signals and/or the
crossing surface have been placed in operation, Railroad shall submit
to City bills for Eighty Percent (80%) of City's share of the
estimated cost of applicable labor furnished by Railroad. Following-
completion of audit, Railroad shall submit to City a final bill for
the actual total cost of the work performed by Railroad, less the
progress payments made by City hereunder. City shall pay all of such
bills promptly.
EXHIBIT "A"
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90-27837ti
In the event progress payments made by City exceeds the audite d
total final cost, the difference shall be promptly refunded to City
by Railroad.
5. The work to be performed by Railroad hereunder shall be
commenced as soon as labor and materials are available following
execution of this instrument and shall be completed within one (1)
year thereafter.
6. This agreement shall be binding upon and inure to the benefit
of the successors and assigns of Railroad and the assigns of City.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in duplicate the day and year first herein written.
SOUTHERN PACIFIC TRANSPORTATION COMPANY
By .
MANAGER Joint Facilities
CITY OF SAN BERNARDINO
By
Tempore
l\TTEST: h4#..ar~4/
~ T1 tle Y Shauna Clar , C1 ty Clerk
Approved as to form
and Legal content:
James F. Penman
City Attorney
By
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RE7URN ~~O ~
',<
CITY CLERK
P. O. Box .18
San Bdno., a. 92415
.
90-27H37ti
1
RESOLUTION NO. 90-fiR
2 RESOLUTION OF THE CIT:: OF SAN BERNARDINO AUTHORIZING THE
EXI:CUTION OF AN AGREENENT IHTH SOUTHERN PACIFIC TRANSPORTATION
3 cm,p"IlY REI.ATIHG TO THE IliPROVEMENT OF HUNTS LANE AT GRADE
CROSSING NO. B-541.0.
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BE IT JtESOLVED BY THE MAYOR <<NO COl-1.'10N COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The gayor of the Ci::y of San Bernardino is
hereby authorized and directed to execute, on behalf of said
City, an agreement with Southern Pacific Transportation Co.,
relating to the improvement of Hunts Lane at Grade Crossing No.
10 B-541.0, \~hich "qreement is attached hereto, marked Exhibit "A"
11 iJ.nd incorpora tl~d herein by reference as fully as though set forth
12 at length.
13
SECTION 2.
The agreement shall not take effect until
14 fully signed "TIC; executed by both piJ.rties. The Ci t~, shall not be
15 obligiJ.ted hereunder unless and until the agreement is fully
16 e:{ecuted and ICO oral agreement relating thp.reto shall be implied
17 or authorized.
18
This resolution is rescinded if the parties'
SECTION 3.
19 to the agreement fail to execute it within sixty (60) days of the
.20 passage of this resolution.
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2-08-90
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9C-27837t;
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I HEREBY CERTIFY that the fo:!:"egoing resolution was duly
3 Bernardino at a
4 .2!L day of
March
2 ad()1')ted b:r the !\1ayor and COI'1.TTIon Cour..cil 0:: t.he C.:. ty 0= San
5 \vi t:
mpeting then,of, held on the
reaular
1990, b:; the follO\ling vote, to-
AYES:
Council Hembers
Estrada. Reillv. Flores
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NA.7S:
ABSENT:
Maudslev. Minor Miller
None
Council Member Pone Ludlam
Ah?/R?/~#/
, Ci ty Clerk
The fo:!:"egoing resolution is hereby approved this /~~~
day of
March
Approved as to form
18 and legal content:
19 James F. Penman
City Attorne~'
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2-08-90
, 1990.
Mayor Pro Tempore
City of San Bernardi.
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STATE OF CA~IFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
90-27837fl '
SS
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3 I, SHAUNA CLARK, City Clerk in and for the City of San
Bernardino DO HEREBY CERTIFY that the foregoing and attached
4 copy of San Bernard ino City Resolut lon No. 90-68 is a
full, true and correct copy of that now on file In this office.
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IN WITNESS WHEREOF, I h3ve hereunto set my hand and affixed
6 the official seal of the City of San Bernardino this 16th
day of March 19 90
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City Clerk
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By: ,'/'./.,I.,
,1-,
jl --,
,I--{.:__/.t.')u'--::.;;,
City Clerk
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