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Home My WebLink About1988-087 ">'.' ""';~'_ -;'~.;-:,~':;'~)~'l-' 26 NAYS: 27 ABSENT: JFW:ss28 / / / 3-17-88 .~ . (':(!: ',,,, .- ~':,,:illf/".7.~[li.i:;t;;-:,;;.:f~~~~;:< ..' ;'.r- ,'", . ',~'f..,):-.t~\ .' :""cfr.:7j>'4:Y"'i4~l".' ,,'iffP ,,7-":;'~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RESOLUTION NO. 88-87 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY OF COLTON TO PROVIDE $211,000.00 FOR CONSTRUCTION OF A STORM DRAIN ON MILL STREET ETWEEN MICHIGAN STREET AND THE LYTLE CREEK CHANNEL BE IT RESOLVED BY THE MAYOR AND CO}rnON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an agreement with the City of Colton to provide $211,000.00 in two payments for the construction of a storm drain in Mill Street between Mich~an Street and the Lytle Creek Channel, a copy of which is attached hereto marked Exhibit "1" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by all parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 21, Bernardino at a meeting thereof, held on rp.Q"lllnr 22 23 24 25 the day of , 1988, by the 21st M~r("'h following vote, to wit: Council Members Reilly. Estrada. Flnrp.R AYES: Maudslev. PODe Ludlam Millpr None Council Member Minor -1- 1.4b///?#~~~ Ci Y Clerk A " '_~~~ ;,''.;1'_-_-'< '.~ '_",c.'- ",'---,-::'i7<:-,'~c:'...,_,',..j:',,"--'" "IT, ''11>'- ;"";,,""J;,_3. ~- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 JFW: ss 28 3-17-88 ". ~-'w~~~..p"",,',~(~:,;;.i..ir-T.-;i., .t,,~' -," '~,,; '''''t;;:~:;~':;'.:, ~"~-,,~'.~f; "~~~;:~ . . . RESOLUTIDN: . AUTHORIZING E~ECUTION OF AGREEMENT.WITHCITY OF COLTON RE CONSTRUCTION OF STORM DRAIN ON MILL STREET BETWEEN MICHIGAN STREET AND THE LYTLE CREEK WASH The foregoing resolution is hereby approved this ~AqI day of March , 1988. ~d,4f A,):1J~ Evl n ilco, May City of San Bernardino APPROVED AS TO FORM AND LEGAL CONTENT: k7.fiL U-Y Attorney -2- , c>~.., ~~ "J ,l AGREEMENT THIS AGREEMENT, made and entered into this 19th day of April , 1988, by and between the CITY OF SAN BERNARDINO, a municipal corporation of the State of California, hereinafter called "SAN BERNARDINO", and the CITY OF COLTON, a municipal corporation hereinafter called "COLTON". WITNESSETH: WHEREAS, the San Bernardino County Flood Control District has prepared a comprehensive storm drain plan ("PLAN"), and WHEREAS, the County Flood Control District does not have funds available for the immediate completion of all phases of the plan, and WHEREAS, Project No. 3-6 of such plan contemplates the construction of a storm drain within Mill Street from approximately its intersection with Michigan Street to its intersection with Lytle Creek Channel, all within the City of Colton, as set forth on the map attached hereto as Exhibit "A" and by this reference made a part hereof, and WHEREAS, there are areas within the cities of Colton and San Bernardino which will be served by such storm drain but which currently experience flooding because of the lack of such storm drain, and - 1 - JFW: ss 3-17-88 EXHIBIT I ". AGREEMENT: SAN BERNARDINO AND COLTON STORM DRAIN WHEREAS, the health, safety and welfare of the citizens of the City of San Bernardino and the City of Colton require the immediate installation of the storm drain described above, and WHEREAS, the City of Colton and the City of San Bernardino have determined to provide the financing for the storm drain and to share between them the cost of such storm drain design and installation; NOW, THEREFORE, it is mutually agreed as follows: SECTION I COLTON SHALL: A. Prepare all plans and specifications and cause to be constructed, that portion of San Bernardino County Flood Control District, Comprehensive Storm Drain Plan Project No. 3-6, hereinafter referred to as the "STORM DRAIN", within Mill Street as necessary to adequately drain the drainage area indicated as such in Exhibit "A". B. Operate and maintain all portions of the storm drain included within such right of way. C. Within 90 days following the acceptance of the installation of the storm drain to bill SAN BERNARDINO for fifty percent (50%) of the actual cost incurred for such design and installation to a maximum of $211,000.00, and to accept - 2 - JFW:ss 3-17-88 c AGREEMENT: SAN BERNARDINO AND COLTON STORM DRAIN payment of such bill from SAN BERNARDINO in two annual payments as hereinafter set forth. Actual costs of the project for purposes of this provision shall be as determined by an independent auditor selected and paid for by SAN BERNARDINO. D. Make no claim against the City of San Bernardino for any damages alleged to have been suffered as a result of conditions existing in the drainage area described in Exhibit "A" prior to the installation of the storm drain and, to defend? indemnify, save and hold harmless the City of San Bernardino, its officers, agents and employees, from any liability or claim, present or future, for damages from overflows, diversions, or discharges resulting from, or alleged to have resulted from, the construction of the storm drains referred to in this Agreement. SESSION II SAN BERNARDINO SHALL: A. Upon the receipt of a billing from COLTON for fifty percent (50%) of the actual cost incurred for the design and installation of the storm drain, to make payments, in two annual payments to COLTON of the amount of such billing to a maximum total payment of $211,000.00. The first payment shall be made within 90 days of receipt of such billing. The second payment shall be made within 15 months following date of the first payment. No interest shall accrue for the benefit of COLTON on such second payment. - 3 - JFW: ss 3-17-88 . . AGREEMENT: COLTON AND SAN BERNARDINO STORM DRAIN SECTION III A. IT IS UNDERSTOOD AND AGREED that neither SAN BERNARDINO nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by COLTON under or in connection with any work, authority or jurisdittion exercised by COLTON under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4 COLTON shall fully defend, indemnify and hold SAN BERNARDINO harmless from any damage or liability occurring by reason of anything 'done or omitted to be done by COLTON under or in connection with any work, authority or jurisdiction exercised by COLTON under this Agreement. B. IT IS UNDERSTOOD AND AGREED that neither COLTON, nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SAN BERNARDINO under or in connection with any work, authority or jurisdiction exercised by SAN BERNARDINO under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, SAN BERNARDINO shall fully indemnify and hold COLTON harmless from any damage or liability occurring by reason of anything done or omitted to be done by SAN BERNARDINO under or in connection with any work, authority or jurisdiction exercised by SAN BERNARDINO under this Agreement. - 4 - JFW:ss 3-17-88 AGREEMENT: SAN BERNARDINO AND COLTON STORM DRAIN C. There are no understandings or agreements except as herein expressly stated. Any modifications must be in writing. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their officers, hereunto duly authorized, this day and year first written above. DATED: f~;}c?ll'1,p? ATTEST: CITY OF SAN BERNARDINO ~/ ttt://(':1/2~fb ~ ity !er By,4.L?~~~ yn cox, ayor City of San Bernardino DATED: ~f)4.; e dC> 19,ff I ATTEST: CITY OF COLTON 'It l:l~ a..y:::. o'L ~ ./ City C erk tll'~h.~ . ayor APPROVED AS TO FORM AN~EGAL CONTENT: ~3~ CJY Attorney ~r~ S~s;:,h~n Edwards C:'i IU:.omey JFW:ss 3-17-88 - 5 - ,. . - ":'.'.~ " - PHASE I MILL ST. -! \ ss ~ , \ I, ell " R .:a. _ ~...- . 18' ~.ra ..e... '.O'OSlD STO.M DUIN _ _ _ EXISTING STO.M D.AIN SAN IERNARDINO COUNTY FLOOD CONTROL DISTRICT COMPREHENSIVE STORM DRAIN PLAN DATE MAY Itn _.~ ...- .....IIT _IN:cDINO CO. _ ...-. __ .. ____ C.........I&__ PROJECT NO. Ah 3-6 SCALI ".1000' SHUT I OF I __II_~X\t '64T - J _ -