HomeMy WebLinkAbout1987-394
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RESOLUTION NO.
137-39.:',
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO, AND
3 THE MORE ATTRACTIVE COMMUNITY FOUNDATION TO ASSIST WITH THE
4 CREATION AND ERECTION OF THREE ENTRANCE MONUMENTS TO THE CITY OF
SAN BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement by and between the Redevelopment Agency of the City
10 of San Bernardino, the City of San Bernardino, and the More
11 Attractive Community Foundation to assist with the creation and
12 erection of three entrance monuments to the City of San
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Bernardino, a copy of which is attached hereto, marked Exhibit
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"A" and incorporated herein by reference as fully as though set
15 forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on
the 2nd
day of
t~ov0mher
, 1987, by the following
20 vote, to wit:
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AYES:
Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Miller
NAYS:
None
ABSENT :
Council Hember Pope-Ludlam
City Clerk
10/30/87
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A G R E E MEN T
THIS AGREEMENT, made this /~cAC day of ~JAW~~ ,
1987, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO (WAgencyW), the CITY OF SAN BERNARDINO (WCityW), and
the MORE ATTRACTIVE COMMUNITY FOUNDATION (WMACW).
WITNESSETH:
WHEREAS, MAC has asked that the Agency assist financially
with the creation and erection of three entrance monuments
welcoming visitors to the City of San Bernardin07 and
WHEREAS, such reimbursement is within the power and
responsibility of AgencY7 and
WHEREAS, the placement of said entrance monuments as well
as others will enhance the redevelopment potential of the various
project areaS7 and
WHEREAS, the City is interested in the appropriate siting
of such monuments for both safety and easy direction of visitors.
NOW, THEREFORE, the parties hereto agree as follows:
1. SUbject to approval by the Agency, MAC shall design and
have built six (6) monuments for placement at appropriate
entrances to the City of San Bernardino. Such monuments shall be
so designed and built to wbreak awayW in case of an automobile
accident. The plans and specifications for such monuments as
well as the final monuments themselves shall be inspected and
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that each monument will cost $1.915.34. The installation cost
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2 for each monument is estimated to be $3.240.00. Agency agrees to
3 reimburse MAC for the actual cost of building and installing the
4 first three monuments but not to exceed $30.038.98. upon the
5 presentation of invoices for such work.
6 3. MAC agrees to provide all site work. installation and
7 beautification. but the actual location must be approved by the
8 City's Public Services and Engineering Departments. and the
9 monuments shall be sited in such a manner as to minimize any
10 sight difficulty for motorists.
11 4. It is anticipated that the first three monuments will
be located as follows:
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(a) Where the median widens on Waterman
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14 Avenue. just north of Hospitality Lane.
15 (b) In the first wide spot in the median on Second
16 Street. just east of Interstate 215.
17 (c) Where the median widens on University
18 Parkway. immediately north of Interstate 215.
19 The parties understand and agree that as this project
20 develops it may become necessary to change these locations. Any
21 such changes must be approved in writing in advance by the Agency
22 Director. the City Engineer. and the City Director of Public
23 Services. or their designees. In addition. the location of the
24 three additional monuments must receive approval from the same
25 three offices. in writing. in advance.
26 5. This agreement may be terminated by the Agency for any
27 reason on the giving of ten (10) day's notice. in writing. to
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1 MAC. Should such termination occur, MAC is entitled to
2 reimbursement for any costs incurred to that point up to the
3 maximum reimbursement and Agency shall receive any monuments,
4 completed or unfinished, prepared to that point.
5 6. For all purposes, MAC shall be an independent
6 contractor and shall not be considered as an agent of either the
7 City or the Agency.
8 7. City agrees to hold harmless, indemnify and defend
9 Agency and MAC from any and all liability which may arise due to
10 the negligent actions of Agency and MAC in the performance of
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this Agreement.
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Any notices to be given pursuant to this Agreement
shall be given from one party to the other, in writing, and
deposited with the United States Postal Service, postage prepaid
and addressed as follows:
Redevelopment Agency of
the City of San Bernardino
300 North D Street
San Bernardino, CA 92418
MAC Foundation
P. O. Box 1169
San Bernardino,
CA 92402
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
The above addresses may be changed by written notice to the
22 other party. Nothing in this paragraph shall be construed to
23 prevent the giving of notice by personal service.
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IN WITNESS WHEREOF, the persons hereto have executed this
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2 Agreement on this day and date first above shown.
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REDEVELOPMENT AGENCY OF THE
OF SAN BERNARDINO
ATTEST:
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6 'City Clerk
By
Title
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Approved as to form
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CIT~F SAN BER~NO ~
By ~_..J l~
M yor
MORE ATTRACTIVE COMMUNITY
FOUNDATION
By ~\-~
Title \,,4,,;,;..,..;"t
Approved as to form
and legal content:
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