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CITY qF SAN BERN~INO - REQUEST FO COUNCIL ACTION
From:
ROGER G. HARDGRAVE. Director
Subject:
Authorize Execution and Acceptance
of a Common Use Agreement with the
San Bernardino County Flood Control
District: Box culvert at Lynwood
Drive and Sand Creek Channel
Dept:
Public Works (Engineering
Date:
June 10, 1991
Synopsis of Previous Council action:
NONE
Recommended motion:
ADOPT RESOLlITION
cc: Shauna Edwins. City Administrator
James F. Penman, City Attorney
Contact person:
Anne DeBolt
Phone:
5328
pponing data attached: Staff ReDort. HaD. Resolution
Ward:
4
FUNDING REQUIREMENTS:
Amount:
Nnnp-
Source: (Acct. No.)
(Acct. Descriotionl
Finance:
uncil Notes:
5.0262
Agenda Item NO~
CITY OF SAN BERNACbINO - REQUEST FcC COUNCIL ACTION
STAFF REPORT
The City of San Bernardino will be constructing a box culvert crossing where the
Sand Creek Channel crosses Lynwood Drive. This box culvert is necessary to
provide an all-weather crossing for foothill residents. especially school
children and other pedestrians. The construction is also a part of the a~eement
worked out with the San Manuel Indian Bingo Foundation. The work on this
crossing has been provided for in the 5 year Capital Improvement Program and
complies with the General Plan Circulation Element.
The Flood Control District will not grant easement over the land in question as
they must also use the area in the maintenance of their various flood control
devices at the above location. They have therefore offered a Common Use
Agreement which is acceptable to us. and provides us with the authority to do the
necessary work.
This individual acceptance is necessary as the Common Use Agreement from the
County contains certain conditions and covenants. The document. however. does
not contain any unduly adverse restrictions or reservations. and no appropriation
of money is required.
The Flood Control District has accepted our self-insured status as evidenced by
the attached letter. and the subject letter has been attached to the agreement as
required.
Upon execution of the Common Use Agreement by the Mayor. the document will be
returned to the Flood Control District for their execution and recording.
It is therefore Staff's recommendation that the Resolution be adopted and the
document(s) be executed.
.0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT FOR CITY BUILT IMPROVEMENTS. CONCERNING PROP-
ERTY GENERALLY LOCATED AT THE INTERSECTION OF LYNWooD DRIVE AND THE SAND
CREEK CHANNEL. WEST OF VICTORIA AVENUE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1.
That the Ha."or of the Ci t." of San Bernardino is
hereby authorized and directed to execute and accept on behalf of said Cit.".
a Common Use Agreement with the San Bernardino Count." Flood Control
District. a cop." of which is attached hereto and incorporated b." reference
herein. as full." as though set forth in length. marked Exhibit "A". for the
construction of a box culvert crossing. including curbs. gutters. landscap-
inR and appurtenances. more particular I." described in said Common Use Agree-
ment and concerning that certain real propert." in the City of San
Bernardino. Count." of San Bernardino. State of California. generall." located
at the intersection of Lynwood Drive and the Sand Creek Channel. Said City
consents to the recordation thereof.
SECTION 2. The City Clerk of the City of San Bernardino shall
cause a certified copy of this resolution to be recorded in the office of
the Countv Recorder of the Count." of San Bernardino.
SECTION 3. The authorization to execute the above-referenced
22 agreement is rescinded if the parties to the agreement fail to execute it
23 within one hundred twenty (120) days of the passage of this resolution.
24 I /
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-10-91 1
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10-91
ACCEPTANCE AND EXECUTION OF COMMON USE AGREEMEN~ LYNWOOD DRIVE AT SAND
CREEK CHANNEL. ~ OF VICTORIA AVENUE. ~
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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
meeting
thereof
held
on the
day
of
. 1991. by the following vote. to-wit:
COUNCIL MEMBERS
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
9 HERNANDEZ
10 MAUDSLEY
11 MINOR
12 POPE-LUDLAM
13 MILLER
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19 of
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City Clerk
The foregoing resolution is hereby approved this
day
. 1991.
W. R. Holcomb. Mayor
Citv of San Bernardino
Approved as to torm
and legal content:
JlIIIes F. Penman.
City Attorney
.,
I E ~ w
i M W Change
t X i Cancel
. County Department
Trans/Flood Control
FOR COUNTY USE~
Vendor Code I Dept.
, I
ISC IA!
Dept. Orgn.
District 540 540
Contract Number
Contractor's License No.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
FAS
STANDARD CONTRACT
Ph. Ex!.
387-2597
Amount of Contract
0.00
Activity GRC/PROJ/JOB Number
FA29102
SPJ
Organization
540
Obi/Rev Source
FY
Estimated Payment Tatar by Fiscal Year
Amount 110 FY Amount 110 I
Project Name !
Sand Creek @ L~;OOdl====
Dr i ve I
1-
THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District,
hereinafter called the District, and
Nam!
City of San Bernardino
Address
hereinafter ca!led
CITI
300 North "0" St.
San Bernardino, CA 92418
Phone Birt~, Date
384-5328
FedetallD Nc or Socia' Security Nc....
IT IS HEREBY AGREED AS FOLLOWS:
(Use space be/ow anc additional bond sheets. Set ;orth ser~)ce ta be tende~e(j. amount to be paia', mBr:...,er of paymem, time for performance or completion,
determination of satisfactory performance end cau;;, for termination, orher terms and conditions. and attach plans. specificatIons, and adoenda, if a,'lY.}
'!HIS 1\GREEMENI', made am entered into this clay of
19_, by am between the CITY OF SAN BERNARDIID, a IIIIl1i.cipal corporation of the
state of California, hereinafter referred to as "CITY", am the SAN BERNARDIID
0XJN1Y FLOOD cx:mR:lL DIS'lRIcr, a body corporate am politic of the state of
California, hereinafter referred to as "DIS'lRIcr".
WITNESSETH
WHEREAS, CITY desires to effect, at no cost to the District, the cxnstnJction,
operation am maintenance of a box culvert crossin;J of Sand Creek Olannel at
Iqnwood Drive, which cxnstnJctiCll, operatiCll am maintenance will I"""""""dtate
CITY'S use of certain District owned lams for road p.np:ses; am
WHEREAS, CITY desires to 0CI'lStn1ct, operate am maintain said box culvert am
appurtenances within DISTRIcr IANm am within adjoi.nin1 CITY lams, which
DIS'lRIcr lams are hereinafter referred to as "AREAS OF a::HI:N USE", which AREAS
OF a::HI:N USE are shown Cll att:ached plat map marked "EXHIBIT "A"; am
F7\29102
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WHERE'AS, DIS'IRIcr desires to pr:Sllrve, maintain, construct and operate flood
control and water conservation \1/Orks within and across said AREM; OF ~ USE;
NOW, ~lJI(t;, IT IS IDU.JtK:il\AJO AND K1lUALLY l\GREED AS FOUJ:R>:
1. DIS'IRIcr hereby consents to ~ construction, reconstructi.on, maintenance
and operation of a box atl.vert and ~ thereto, at no expense to
the District within the AREM; OF CXJoH:N USE and to allow CI'lY and the
travelin;J p.lblic to ~ and use said AREM; OF ~ USE for street and
highway purposes; provided, however, that no such use, occupancy,
oonstructi.on, reconstructi.on or maintenance, shall be effected by the CI'lY,
its S1lOOeE'SOrs or assigns, in any manner which, in the cpinion of the Chief
Engineer of the DIS'IRIcr,may interfere or conflict with any structures,
facilities, operation or uses which DIS'IRIcr has or i.ntenis to have upon
said lands, without first subnittin;J plans of such occupancy or use to
DIS'IRIcr'S Chief ED;Jineer at least thirty days prior to the date of such
inten:ied "OC'1pllI1cy or use and obtain his written CIR;lrOVal therefore, which
CIR;lrOVal shall not be unreasonably withheld, if in the opinion of the Chief
ED;Jineer, the ~. ,.:>t=al does not interfere or conflict with the DIS'llUcr's
interests or the purpose of this &,ju""IIO::llt.
2. CI'lY, its ",vv.ac.""""S and assigns shall assume full responsibility for the
operation and maintenance of and liability for the roadway facilities
(inc1~ all roadway atl.verts, pipes and those portions of the bridge
sb:uctures, inc1~ awroaches, sidewalks and ather ~ works),
fran the soffit of the box culvert up.
3. CI'lY acknowledges DIS'IRIcr'S right to AREM; OF ~ USE and the priority of
DIS'IRIcr'S right within AREM; OF ~ USE. Except in emergencies, CI'lY
shall give reasonable notice to and obtain written awroval fran the DIS'IRIcr
before perfcmniJJ;J any work on CI'lY facilities in said AREM; OF ~ USE,
where such work will be perfOl:llled within channel or levee areas, if which
said work will in any way alter or ctlStIUct the flow of or potential flow of
waters within said flood centrol and water conservatioo works.
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4. CITY shall irdemni.fy, defEni am hold hannless the DIS'lRIcr an::vor the
County of San Bernardino, their officers, agents, volunteers am eIlployees
iran am against any am all claims, demands, loss or liability of any ki.rxi
or nature which the DIS'lRIcr an::vor County, their officers, agents, volunteers
or eIlployees, may sustain or incur or which may be i~ upon them, for
property ~ am injury to or. death of any persons.
WcmaIrs' 0 "..."-t.icm: statutozy Workers' 0 '''l...nsation Insurance. '!be
CITY shall require the carriers of this 0CJVerage to waive all rights of
subrogation against the DISTRIcr or the County, their officers,
volunteers, eIlployees, contractors am subcontractors.
CoIIIpreheDsi ve General lIDd ~""""""1. IDsur8Dca: '1hi.s 0CJVerage to
include contractual 0CJVerage am au1:a'rcbile liability CXJVerage for
owned, hired, am non-owned vehicles. '!be policy shall have OCIIIbined
single limits for bodily injury am property """""';JP of not less than
one million dollars ($1,000,000). Errors am anissions liability
insurance with OCIIIbined single limits of $1,000,000 for bodily injury
am property ~.
CITY shall fumish certified c:xpies of all policies am endorsements or
letters of self-insurance to the DIS'lRIcr evidencing the insurance
coverage above required prior to the <>- ....-.. --t of perf(n-""8 of
services berwnder, which shall provide that such insurance shall not
be terminated or expire except wit:ha1t thirty (30) days written notice
to the Department.
All policies, with respect to the insurance 0CJVerage above required, except
for the WorKers' n.'l....nsatim insurance coverage, shall obtain additia'lal
endorsements naming the DIS'lRIcr am the County, their EIIp1oyees, agents,
volunteers and officers as additional named insureds with respect to
liabilities arising out of the perfOl:1llaJXle of services hereurDer. All
policies required above are to be primary am ~llrib1ti.ng with any
insurance or self-insurance carried or administered by the County.
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LU,""dKULT.lU,", ut';:;i\A'l'IUN ANt.> MAIN1'E~L:j,; OF BUX L:ULVER1'
CROSSI~F SAND CREEK CHANNEL AT \.)WOOD DR.
5. DISmICl' has an:! reseIVeS the right to use ARFAS OF CXHal' USE in any manner
not in conflict with CITl{'S needs for the prqlOSE!d p.lblic roadway ilIprovement,
without J"'>'"">C'~ity for any further pmnit or permission fran CITl{. DISmICl'
shall, ~L in emergerx::ies, give reasooable notice to CITl{ before perfOJ:1llirg
any 'NOrk which may affect CITl{'S facilities in said ARFA OF CXHal' USE.
THIS AGREEMENT shall inure to the benefit of an:! be bindin;J up:I1 the
s"~sors an:! assigns of both parties.
Approved as to form
and legal content:
James F. Penman
City Attorney
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
.
Chairman, Board of Supervisors
City of San Bernardino
(State if corporation, company, etc.)
By ·
(AllllforizM Siln/lIIl"J
Dated
ATTESTED:
Dated
Title
Mayor
.
Secretary of the Flood Control District
Address
300 N. "0" Street
San Bernardino CA. 92418
Reviewed for Processing
AP.P ,ovod.os to.. ~ ;..' .~! FO'i'
.' /~t.J
County Counser
08'0 (O~/-<;-C((
Reviewed as to Affirmative Action
.
.
Agency Administrator/CAO
Date
Date