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RESOLUTION NO. / I O.J:,.2_
2 A RES:)LUTION )F THE M.LIYlR ANl COMMON COJNCIL ')F THE CITY OF SAN
3ERNi\RDINO NJTHJRIZING THE EXEC"TlJt! ')F AN AGREEMENT BETWEEN SIUD CITY AND THE
3 CJUNTY OF SAN BERNARDINO RELATWG THE RECJNSTRUCTION !IF 8ENEDICT R!JP,D, FROM
SUNNYSIDE AVENUE TJ TI PPEC.'\f,OE AVEi:UE.
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BE IT RES'lLVcO BY THE i~i\YJR I\ND COMMON C'lUNCIL OF THE CITY OF SAN
5 BERNAROINO AS FOLLOWS:
SECTI!JN O~'E: The mayor of the city of San Bernardino is hereby
authorized and directed to execute on behalf of said City an Agreement between
said City and the County of San 8ernardino relating to the reconstruction
of Benedict Road, from Sunnyside Avenue to Tippecanoe Avenue, a copy of which
is attached hereto, marked Exhi bi t "A", and i ncor p.)r ated herei n by reference
as fully as though set forth at length herein.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the t1ayor and Common Counci I of the Ci ty of San Bernardi no at a
/~Ak~eeting thereof held on the ..~( day of ~J/
11/2, by the following vote, to-wit: f
MES: Counci lmen 6-r04?'n~~~.l/d:f,4;i~~4;-)
~'7~I'~j ~h~~7? f7A7 ~~?7/A./
NOES: 'pkr--x.L/
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ABSENT: ?~J ~
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The foregoing resolution is hereby apfroved this
~/ , 1972.
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'Exhibit "A"
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AGREEMENT
THIS AQREEMENT made and entered into this day of
, 19_, by and between the COUNTY OF SAN
BERNARDINO, a body corporate and politic of the State of California,
hereinafter known as "COUNTY" and the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter referred to as "CITY".
WITNESSETH
. ,
WHEREAS, there exists a need to reconstruct Benedict Road
from Sunnyside Avenue to Tippecanoe Avenue: and
WHEREAS, Benedict Road, extending from the centerline of
Tippecanoe Avenue westerly 2l0-feet, lies within the incorporated area
of the CITY; and
WHEREAS, CITY has indicated it is willing to participate in the
costs of this proposed reconstruction; and
WHEREAS, COUNTY and CITY do mutually desire to cooperate
and jointly participate in the reconstruction of Benedict Road from Sunny-
side Avenue to Tippecanoe Avenue.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. 0 COUNTY SHALL:
1.1 Prepare construction plans and estimates of quantities
and costs necessary for the reconstruction of the afore-
said segment of Benedict Road.
1. 2 Perform the work contemplated herein consisting of
the roadway excavation, grading and placing base and
asphalt concrete and pertinent work.
1. 3 Fund the entire cost of the project.
1. 4 Upon completion of construction, dete rmine the final
cost to be paid by the CITY based On the proportion of
the area lying within the CITY, and shall make a claim
for payment of the cost, but in no event will the claim
be made prior to the 1972-73 Fiscal Year.
2.0 CITY SHALL:
2.1 Upon receipt of invoice from COUNTY, reimburse
COUNTY for CITY'S share of the actual construction
(1)
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cost. It is estimated that CITY'S share will be approxi-
mately $760.00, however, the actual amount will be
determined by COUNTY upon completion of work.
3.0 IT IS FUR THER AGREED THAT:
3.1 Neither COUNTY nor any officer or employee thereof
shall be responsible for any damage or liability occurring
by reason of anything done or omitted to be done by CITY
under or in connection with any work, authority or juris-
diction delegated to CITY under this Agreement.
3.2 Pursuant to Government Code Section 895.4, CITY shall
fully indemnify and hold COUNTY harmless from any lia-
bility imposed for injury (as defined by Government Code
Section 810.8) occurring by reason of anything done or
omitted to be done by CITY under or in connection with
any work, authority or jurisdiction delegated to CITY under
this Agreement.
3.3 Neither CITY nor any officer or employee thereof is res-
ponsible for any damage or liability occurring by reason
of anything done or omitted to be done by COUNTY under
or in connection with any work, authority or jurisdiction
not delegated to CITY under this Agreement.
3.4 Pursuant to Government Code Section 895.4, COUNTY
shall fully indemnify and hold CITY harmless from any
liability imposed for injury (as defined by Government
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'tection 810.8) occurring by reaQn of anything done or
omitted to be done by COUNTY under, or in connection
with any work, authority or jurisdiction not delegated
to CITY under this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agree-
ment to be executed by their respective' officials thereunto duly authorized.
. ATTEST:
COUNTY OF SAN BERNARDINO
LEONA RAPOPOR T. Clerk of
the Board of Supervisors of the
County of San Bernardino
By:
Chairman
Board of Supervisors
By:
Approved as to form this
of
day
19
STANFORD D. HERLICK, County Counsel
By:
Deputy County Counsel
Approved as to wrm this
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ATTEST:
Bl'~'€f"/~
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CITY OF SAN BERN
By:
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City A tt6rney'
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