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HomeMy WebLinkAbout1979-026 1 RESOLUTION NO. ~ 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AGREEMENT WITH THE STATE OF CALIFORNI 3 RELATING TO WATER CHARGES FOR MAINTENANCE OF LANDSCAPING ON STATE HIGHWAY 08-SBd-30,259, BETWEEN ROUTE 194 (15E) NEAR 16TH 4 STREET OVERCROSSING AND WATERMAN AVENUE. 5 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 7 8 hereby authorized and directed to execute on behalf of said City 9 an Amendment to Agreement with the State of California relating 10 to water charges for maintenance of landscaping on State Highway 11 08-SBd-30,259, a copy of which is attached hereto, marked Exhibit 12 "A" and incorporated herein by reference as fully as though 13 set forth at length. 14 I HEREBY CERTIFY that the foregoing resolution was duly 15 adopted by the Mayor and Common Council of the City of San 16 ,Bernardino at a t1~1 f)~()gA I~A) meeting thereof, held 17 on the ~ day of ;:::::;(i./ru J n(fi , 1979, by the following 18 vote, to wit: 21 NAYS: Councilmen (IAUJ/nA19r<Jn. ') 0k402f1};~ ()e4.u.fJ/#1..Mrtn"J.. cfl.~,)~,hff{Y/L) ~~ I 7J~ 19 AYES: 20 22 ABSENT: of 1979. A/kM/ ~.Mh ~City Clerk hereby appro his ~ day 23 24 The foregoing resolution is 25 27 '0 26 28 08-SBd-30,259-23.0/R24.2, RO.O/R1.5 In San Bernardino between Rte 194(15E) near 16th St OC and Waterman Ave THIS AMENDMENT TO AGREEMENT, MADE AND ENTERED INTO ON THIS DA Y OF , 19 , BY AND BETWEEN CITY OF SAN BERNARDINO 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 Department of Transportation, hereinafter referred to as "STATE"-. WHEREAS, the CITY did desire the priority of the project for landscaping on STATE highway 08-SBd-30,259, in San Bernardino, between Route 194(15E) near 16th Street Overcrossing and Waterman Avenue be advanced and did enter into agreement with the STATE on the 2nd day of April, 1968, for construction and maintenance of landscaping; and WHEREAS, it is recognized that the landscaping which said Agreement provides for is sufficiently established and has matured to achieve the result for which it was intended; and 'l"'" WHEREAS, STATE and CITY do mutually agree that the provision in said Agreement whereby the CITY provides water free of charge to the STATE for maintenance of landscaping is no longer required and that said Agreement be amended. NOW, THEREFORE, IT IS MUTUALLY AGREED' AS FOLLOWS: SECTION I(a) shall be amended to read: (a). To furnish all water for maintenance of said landscaping in San Bernardino on Route 259 between Station 631+00, Post Mile RO.O (near 16th Street Overcrossing) and Station 710+25 ERB, Post Mile R1.5 (junction with Route30)j and on Route 30 between Station 691+30, Post Mile 23.0 (at "H" Street) and Station 757+80, Post Mile R24.2 (at Waterman Avenue), a combined distance of 2.7 miles, free of charge to the State until the 30th day of September, 1978. SECTION II shall be amended to delete items (d) and (e), and to include: (d). As of the 1st day of October, 1978, to pay for the cost of water for continued maintenance of said landscaping. IT IS UNDERSTOOD AND AGREED that the STATE's participation in this project is contingent upon the allocation of funds by the California Transportation Commission. -2- 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 Transportation CITY OF ADRIANA GIANTURCO Director of Transportation By Mayor By District Director Attest City Clerk Approved as to form and procedure: City Attorney -3-