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HomeMy WebLinkAbout1979-027 1 2 3 4 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 to 10 water charges for maintenance of landscaping on State Highway 11 08-SBd-194, 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 nrJnrr!lJtf2./lOflJJ fnj{) meeting thereof, held 17 on the ~ day of c-J~ ' 1979, by the following 18 vote, to wit: 19 AYES: 20 21 NAYS: 22 ABSENT: 23 ~/?d/~:$ih ~City Clerk The foregoing resolution is hereby approv iS~_day yvnJ Uln:J-' 1979. 24 25 of 26 27 t2:7 28 08-SBd-194(15E)-4.8/7.2 In San Bernardino be~7een 0.5 Hi S of Warm Creek to 5th St 08210 - 910035-5954194 THIS AMENDMENT TO AGREEMENT, MADE AND ENTERED INTO ON THIS DAY OF ,19 , BY AND BElWEEN CITY OF SAN BERNARDINO a body politic and a municipal corporation of the State of California hereinafter referred to as "CITY" AND STATE OF CALIFOIUUA 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-194(15E, Old State Route 43) in San Bernardino between 0.5 mile south of Warm Creek and Fifth Street be advanced and did enter into agreement with the STATE on the 15th day of February, 1960, to furnish effluent for construction and maintenance of landscaping and amended on the 2nd day of June, 1975, to provide for domestic water in lieu of effluent at necessary locations; 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 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 FOLL()1;-lS: SECTION I(a) shall be amended to read: (a). To furnish all water for maintenance of said landscaping on Route 194(15E, Old State Route 43) in San Bernardino from 0.5 mile south of Warm Creek to Fifth Street free of charge to the STATE until the 30th day of September, 1978. SECTION II shall be amended 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 G IANTURCO Director of Transportation By Mayor By District Director Attest City Clerk Approved as to form and procedure: City Attorney -3-