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Home My WebLink About1989-190 ] RESOLUTION NO. 89-199 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN 3 BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF A MONUMENT SIGN WALL, INCLUDING LANDSCAPING AND 4 APPURTENANCES AND FOR LANDSCAPE MAINTENANCE CONCERNING PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF MILL STREET AND 5 IG1 STREET. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1: The Mayor of the City of San Bernardino is 9 hereby authorized and directed to execute and accept on behalf 10 of said City a Common Use Agreement with the San Bernardino 11 County Flood Control District, a copy of which is attached 12 hereto and incorporated by reference herein as fully as though 13 set forth at length, marked Exhibit "I", for the construction 14 of a monument sign wall, including landscaping and 15 appurtenances and for landscape maintenance purposes more 16 particularly described in said Common Use Agreement and 17 concerning that certain real property in the City of San 18 Bernardino, County of San Bernardino, State of California, 19 generally located at the Northwest corner of Mill Street and 20 "G" Street, and said City consents to the recordation therof. 21 * * * * * * * * * * * * * * * * 22 23 24 25 26 27 28 5-30-89 . RES 0 L U 1: ION AUT H. E X E.C UTI 0 N 0 F C 0 f'H1 0 NUS E A GMT . 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a 4 on the regular meeting thereof, held 19th 1989, by the day of June 5 following vote, to wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ 6 7 AYES: Counci 1 Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller NAYS: ABSENT: None None The foregoi ng ,"/ ~/ "I.'" ~ &-"'- .rt--. day of Approved as to form and legal content: James F. Penman, City Attorney 1/ ,(/1/< /' k:}fJc.[~tl.;,/-e./~r~L/' /:' r' /J C i {y C te r k /i ~ C>t:.'.{~ /'-i)2tt~1 J /(.t1.(jLf<..~/I Af.{/k< e~i /"'r //'1'( , ;; . ,,_,/ V res 0 1 uti 0 n ish ere b y a' p pro v e d t his June , 1989. ,,~ ..1 .'0" ~,r . .:ft" ~~.. "Jf,'<~""';"" ... .';,..' ~ ' .' ':".> '. ~ . R\ < B t .. H ole olll'!r. M a yo r City o. San Bernardino BY:~L- .-/' -" 5-30-89 2 MINUTES OF THE BOARD OF SUPERVISORS FCD, Zone 2 (200)-Ge~fl'AN BERNARDINO COUNTY, CALIFORNIA Ine.' Ci ties-San Bernardino; Agree. 89-597 July 17, 1989 }(EN A. MIUER, Director Transportation;nood oantml SUBJECT: Agreement with City of San Bernardi.rr:;) - File: 2-203 IS.O'l-1003 FROM: RECOMMENDATION: Approve a..l&LLot1 Use Agreement between the City of San Bernarciirxl an:l District for the oonstructien an:l maint.erlarx2 of a JIO'IlJIneI'lt sign wall an:l larrlscapirg. BACKGROOND: In oonjunctien with the City's "Central City Salth Project" a monument sign wall was const.rocted, am l~i.rg was placed by the developer, en District owned lan:l for the East Brard1 lqt1e Creek Channel at Mill an:l "G" streets in the City of San Bernarciirxl. REASON FOR RECOMMENDATIOO: Board awroval is required to effect this agreenv:mt. RE.VIE.W BY C1lHERS: '1hi.s agreement was reviewed by DepIty Camty CDmsel Rex A. Hinesley en 0ct.00er 27, 1988 an:l by Risk Management staff en May 12, 1989. FINANCIAL DATA: No financial inpact to District will result fran this agreement. PRESENrER: Ken A. Miller cc: Flood Control-Mina Ghaly w/agreement City of san Bernardino w/agree. c/o Flood Contro Auditor w/agreement Purchasing-Contract Compli Risk Management EFWA File w/agreement Action of the Board of Supervisors 14-9507.000 Rev_ 10/11 roll 'Ay~ 5 ITEM 20 v9P - /1 i,' FOR DISTRICT USE ONLY San Bernardino CountY Flood Control District Contract Number ,?'1- 597 Flood Control District Contract Representative Contractor's License Number: Mina Ghaly 2597 Budget Unit No. Sub-Object No. Job No. Amount of Contract SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT STANDARD CONTRACT Project Name: East Branch Lvtle Creek FA28810 If contract has more than one payment or receipt, complete the following: Payments Estimate: Approximale Amount Each: THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District, hereafter called the District, and Name City of San Bernardino Address 300 N. "D" st. San Bernardino, CA 92418 Phone Birth Date hereafter called City Federal 10 No. or Social SecuritY No. IT IS HEREBY AGREED AS FOllOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) WIT N E SSE T H WHEREAS, CITY, desires to effect, at CITY cost, the construction of a monument sign wall, including landscaping and appurtenances, within the property used for the East Branch Lytle Creek Channel which will necessitate City's use of certain Flood Control property. WHEREAS, said monument sign wall and landscaping will occupy, in part, portions of the District owned lands, hereinafter called "DISTRICT LANDS"; and WHEREAS, CITY desires to construct said monument sign wall and to maintain landscaping within DISTRICT LANDS (which DISTRICT LANDS are hereinafter referred to as 'AREA OF COMMON USE I), which AREA OF COMrv10N USE is described in "EXHIBIT A" attached hereto and incorporated herewith and also shown on attached map marked "EXHIBIT B"; 02-12459-691 Rev. 11/80 1 4 Page_ 01_ WIlli REAS, DISTRICT desires to preserve, maintain, construct and operate flood control and water conservation works within and across said AREA OF COMMON USE; NOW, THEREFORE, IT IS UNDERSTOOD AND MUTUALLY AGREED AS FOLLOWS: 1 . DISTRICT hereby consents to CITY'S construction, reconstruction, and maintenance of a monument sign wall and landscaping and the appurtenances thereto, at CITY'S sole expense within the AREA OF COMMON USE: provided however, that no such use, occupancy, construction, reconstruction or maintenance shall be affected by the CITY, its successors or assigns, in any manner which may interfere or conflict with any structures, facilities, operations, or uses which DISTRICT has or intends to have upon said lands. CITY shall submit complete plans for any future occupancy to DISTRICT'S flood control engineer at least thirty days prior to the date of such intended occupancy or use and obtain his written approval therefore, which approval shall not be withheld, if in the opinion of the flood control engineer, the proposal does not interfere or conflict with the DISTRICT'S interests. CITY, its successors and assigns shall assume full responsibility for the operation and maintenance of the monument sign wall including landscaping and appurtenances. 2. CITY acknowledges DISTRICT'S right to AREA OF COMMON USE and the priority of DISTRICT'S right within DISTRICT LANDS. Except in emergencies, CITY shall gi ve reasonable notice to DISTRICT before performing any work on CITY facilities in said AREA OF COMMON USE, or which said work will in any way alter or obstruct the flow of or potential flow of waters within said flood Page 2 of 4 control and water conservation works. 3. DISTRICT has and reserves the right to use AREA OF COMMON USE in any manner not in conflict with CITY'S needs for the proposed monument sign wall including landscaping, without necessity for any further permit or permission from CITY. DISTRICT shall, except in emergencies, give reasonable notice to CITY before performing any work which may affect CITY'S facilities in said AREA OF COMMON USE. 4. CITY shall indemnify, defend and hold harmless the DISTRICT and/or the County of San Bernardino, their officers, agents, volunteers and employees from and against any and all claims, demands, loss or liability of any kind or nature which the DISTRICT and/or County, their officers, agents, volunteers or employees, may sustain or incur or which may be imposed upon them, for injury to or death of persons of the CITY, its officers, agents, volunteers or employees, in the performance of this contract. Workers' Compensation: Statutory Workers' Compensation Insurance. The CITY shall require the carriers of this coverage to waive all rights of subrogation against the DISTRICT or the County, their officers, volunteers, employees, contractors and subcontractors. Comprehensi ve General and Autanobile Insurance: This coverage to include contractual coverage and autanobile liabil i ty coverage for owned, hired, and non-owned vehicles. The policy shall have combined Page 3 of 4 single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). Errors and omissions liability insurance with combined single limits of $1,000,000 for bodily injury and property damage. CITY shall furnish certified copies of all policies and endorsements to the DISTRICT evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which shall provide that such insurance shall not be terminated or expire except without thirty (30) days written notice to the Department. All policies, with resPect to the insurance coverage above required, except for the Workers' Compensation insurance coverage, shall obtain additional endorsements naming the DISTRICT and the County, their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. See attached EXHIBIT C for the required insurance documentation. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. C. IT'f $ t: ~ eeQN41lC>'N 0 C2 ~ \.C '" ..\.. ~ :a , (",tWt'lO"- a..J.t1;:: (State if corporation, ~,l!~e(HJY, etc.) ".~ _,r!" Dated 1111 1 7 1989 By ~ Secretary of the Flood Control District Dated Ti tie 111 tJ!tlfy1/ .:;; /I j () < ( f./J.- 6- Address U /)0 Lf) / /l.J 0f)~~ Approved as to Legal Form Reviewed for Procelling ~ ~ ~~ Agency Administrator/CAO Date Date f-7-9'i Date 02-12459-697 Rev. 11/80 4 4 Page_ of_ "EXHIBIT A" That portion of Lot 10, Block 11, Rancho San Bernardino as per plat recorded in Book 7 of Maps, Page 2, Records of San Bernardino County, described as follows: Commencing at the intersection of the centerline of Mill Street (82.50 feet wide) with the centerline of "G" Street (variable width) as shown on Parcel Map 9506, as per plat recorded in Book 119, Page 31, Official Records of said county; Thence along said centerline of Mill Street, North 890 59' 15" West, 69.76 feet; Thence North 00 00' 45" East, 41.25 feet to a point in the North line of said Mill Street, said point being the TRUE POINT OF BEGINNING; Thence along said North line, North 890 59' 15" West, 51.82 feet; Thence Northeasterly, 44.29 feet, along a non-tangent curveb concave Southeasterly, having a radius of 65.0 feet and a central angle of 39 02' 12", a radial line to said curve bears North 890 59' 15" West; Thence South 360 30' 41" East, 7.59 feet; Thence South 470 39' 26" East, 29.06 feet; Thence South 360 30' 41" East, 19.0 feet to the True Point Of Beginning. .' ..,';'.. ~. '.' .L..... -.......--..--. . ,\ E1J-l18/1 B " C R!: E )( A.OO 0 \ CON CHANNEL fJ / . ~~ JSIDEWALK a "\ ~/ "--/ LANDSCAPE / EASEMENT ~ e".lQI41"E /.. .....;/ S 36"7. ; 9' . N .1 .. :"R! W L I~R":.': ~, " 89. ~ 9' '1.5...... W--. 51.82 -.... . , I "':<3.92 ~. '" .' CONe R E T E 'f. \:" CHANNE L WALL .1-- ~ ,1 ~6' . ~ o ~ oJ ~~ 0, ( l.LJ :~I-~ q"1-'= .0 q" o ~I \ 165.88' ..-i , ...., .- \ ".~ 87.671 -. ~...:-.MJ LL N 8 9 · 5 9 I :", ~ II W 10 82.5 II ). , I.? LS 3712 1101.1.' S b~. ~!>I I~i E- O ~ TAl L " A" <JJ \ ~ . " -. .... : '\ -" . : . .:.. '.: a . 04 5' o seAL E I ": 2 0 I 5 6. ~ 0'" \.-. 'I' )1' " ~~~~ -<l .A \ U' ~6~ ..1\ z 69,76' .-\ ~ ~ \art) o .. ION 0\'" ...... :%(1\ 0.:- 0:: CD \.&J~ 0..0.. .... LaJ UJ ~ H ~ I I . " :I - : 0 010 o , _ 0 (,00 0- I I LJ . o ~. ...~ ~~ ~ .' -- CITY OF SAN BERNARDINO DRAWN DEPARTMENT OF PUBLIC WORKS BY . . P. B. OAT! 2/ 2 6/ 8 8 CA NOS CAP E SH IOF EASEMENT - I SHEETS - l;~ -,' ~ .~' ......, ..~_,. p-,.(.".J...I....~ ~~~~~, C I TV 0 F v::.:r.j'if!JjJt/ San Bernardino PUBLIC WORKS DEPARTMENT R 0 G ERG. H A R 0 G R A V E March 17, 1989 File No. 15.02-1008 DIRECTOR OF PUBLIC WORKS/CITY ENGINEER Transportation/Flood Control Department County of San Bernardino 825 East 3rd Street San Bernardino, CA 92415-0835 Attn: Mr. M1na Gha1y Gentlemen: Reference the Common Use Agreement between your Department and the Ci ty of San Bernardino for the use of property located at the Northwest corner of Mill and "G" Streets. ( This is again in reference to the County.s requirement for insurance and furnishing certified copies of policies to the County. Our attorney.s office desi res to i ncl ude the fo 11 owi ng paragraph as an attachment to the Agreement pursuant to our verbal conversations in this regard and if you would kindly sign in the space provided and return this letter to our office, we will continue to process the Agreement through our Governing body. II Di s tri ct hereby ac kno w1 edge s tha t Ci ty is se 1 f-i ns ured as to va ri ous insurance coverages. District hereby waives the requirement for additional named insureds, for evidence of coverage and for notice of cancellation." San Bernardino Coun~ Flood Control District By: ~(l,~ ROGER G. HARDGRAVE Dir~tor O~iC Works/City ~ Jr~'-d", - VERNE J. NADEAU Real Property Supervisor VN:vn Engineer FU ~~~ (Title) Very truly yours, EX/--I/B/T C-/ ) .I 300 NORTH '0' STREET, SAN BERNARDINO CALIFORNIA 92418-0001 714/384-5111 T,~(::~0.7:-:~: ::~>.~ ./.. ~~.. '\ ~:::...~...:.:~ ''.. .-/ "-<i(........~,~.. I;~. ~"-', :-.:" .~I ~ ~,,- "'.';r\~. ~~;~t~~~tJ "". ?" '. " :, ~'oI ~. 'F ~ '.'~~r~~:)i:E5f~~:;~~'Y CITY OF San ])e:rnardino OFFICE OF THE CITY ADMINISTRATOR RISK MANAGEMENT DIVISION COUNTY OF SAN BERNARDINO Department of Transportation/Flood Control 825 East Third Street San Bernardino, California 92415-0835 March 28, 1989 Attn: Mr. Mina Ghaly Re: Joint Use of Property at Mill & G Streets, San Bernardino, California Our File 15.02-1008 Dear r4r. Ghaly: The purpose of this letter is to provide information con- cerning the City of San Bernardino's Insurance Coverage. We are self-insured for legal liability up to $1,000,000. A second $1,000,000 coverage is provided by the Bit Independent Cities Excess Pool (BICEP). An excess policy issued by AIG in the amount of $8,000,000, brings coverage to the $10,000,000 level, where a $15,000,000 umbrella is added by BICEP to complete coverage to $25,000,000. We are self-insured up to the statutory limit for Workers Compensation Coverage by Employer's Reinsurance Corporation with a $500,000 SIR. E%#/B/T C-,t 300 NORTH D' STREET, SAN BERNARDINO. CALIFORNIA 92418-0001 714/384-5308 COUNTY OF SAN BERNARDINO r-1arch 28, 1989 P ag e 2 If you have any questions, please do not hesitate to contact me. Sincerely yours, ,V"~ T. L. Ca~n Acting Risk Manager TC/sf cc: Pamela Thompson, Risk Manager County of San Bernardino Verne Nadeau' Public Works/Engineering E%/7/8/T C-3