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HomeMy WebLinkAbout10568RESOLUTION NO. 10568 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE STATE OF CALIFORNIA CONCERNING THE PROVIDING OF LANDSCAPING ON STATE HIGHWAY 08-SBd-30 (CROSSTOWN FREEWAY). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an 8 Agreement between said City and the State of California concern- 9 ing the providing of landscaping on State Highway 08-SBd-30 10 (Crosstown Freeway), a copy of which is attached hereto, marked 11 I Exhibit "A" and referred to and made a part hereof as fully as 12 though set forth at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly adopt- 14 15 16 ed by the Mayor and Common Council of the City of San Bernardino meeting thereof, held on the ~ , 1971, by the following vote, at a day of 17 to wit: 18 AYES; 19 20 NOES: 21 22 23 24 25 26 27 28 29 30 31 32 ABSENT~ . ;1 The . ~itt~~d resolution is hereby approved this.-1~ day , 19710 regoing of ~-~.~. ~/ . L:t::u'l.-- Mayor 0 the ~ y ~ . San Alernardino Approved as to form; ~.~ y ,- C' ~;J':<.e/ C~ty ttorney (P) F I L ff,(""" ;,--1 1.."<0:.).-,":1 JAN :.J ~~E jG.oFORT!!, "': ~'~1~ .... ~I' 08-SBd-30 - R23.9/R25.2 08204 152200 In San Bernardino between 0.3 Mile West of Waterman Avenue and Golden Avenue THIS AGREEMENT, MADE AND ENTERED INTO ON THIS DAY OF BY AND BETWEEN ,19_,. CITY OF SAN BERNARD INO a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY". AND STATE OF CALIFORNIA acting by and through its Business and Transportation Agency, Department of Public Works, Division of Highways, hereinafter referred to as "STATE" . WHEREAS, STATE and CITY do mutually desire to cooperate and participate in the landscaping on State Highway 08-SBd-30, in San Bernardino, between 0.3 mile west of Waterman Avenue and Golden Avenue and wish to arrange herein for the construction and maintenance that is to be performed by STATE and to specify the costs and materials that are to be borne and furnished by CITY and by STATE; and WHEREAS, the CITY adopted Resolution 10348, which approves furnishing water for landscaping construction and subsequent maintenance on the Crosstown Freeway between Waterman Avenue and Golden Avenue; and . .,. WHEREAS, the STATE requires a permanent and adequate water supply in order to properly landscape that portion of Highway 30 hereinbefore described, within the City of San Bernardino. NOW, THEREFORE, IT IS AGREED AS FOLLOWS : SECTION I For and in consideration of the covenants and conditions to be kept and performed by STATE as set forth hereinafter, CITY agrees: (a) To furnish all water for construction and subsequent maintenance of said landscaping in San Bernardino on Route 30 between Station 742+00, Post Mile R23.9 (0.3 mile west of Waterman Avenue) and Station 811+26, Post Mile R25.2 (Golden Avenue), a distance of 1.3 miles, free of charge to STATE. SECTION II For and in consideration of the covenants and conditions to be kept and performed by CITY as set forth in this agreement, STATE agrees: (a) To furnish, install and construct landscaping within the limits shown on attached Exhibit I~", including water pipelines and necessary connections to CITY water meters at STATE's right of way line. (b) To pay the entire cost of preparing plans and specifications and performing all engineering and inspection for said landscaping project. (c) After completion of the landscaping project, to maintain said landscaping within the freeway right of way with STATE's forces at STATE's expense. -2- ; SECTION III IT IS UNDERSTOOD AND AGREED that neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason ot 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. It is also understood and agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE harmless from any damage or liability 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. IT IS UNDERSTOOD AND AGREED that neither CITY 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 STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. SECTION IV IT IS UNDERSTOOD AND AGREED that should the CITY finance any portion of the project with gas tax funds apportioned to the CITY, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this agreement. -3- IT IS UNDERSTOOD AND AGREED that the STATE's participation in this project is contingent upon the allocation of funds by the California Highway Commission. IN WITNESS WHEREOF, the parties hereto' have caused. this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Public Works Division of Highways CITY OF SAN BERNARDINO Byy/{<t:f~ yor J. A. LEGARRA State Highway Engineer Attest By District Engineer Approved as to form and procedure City Attorney I: I' I i I -4- Oversized Map Attached to Original . Resolution