HomeMy WebLinkAbout1988-444
RESOLUTION NO. 88-444
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH CALIFORNIA STATE UNIVERSITY
RELATING TO THE GRANTING OF RIGHT OF ENTRY FOR INSTALLING,
OPERATING AND MAINTAINING TRAFFIC SIGNALS, HANDICAP RAMPS AND
APPURTENANT FACILITIES AT UNIVERSITY PARKWAY AND NORTH PARK
BOULEVARD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
City, an agreement with California State University - San
Bernardino, relating to the granting of a right of entry for
installing, operating and maintaining traffic signals, handi-
capped ramp and appurtenant facilities at University Parkway
and Northpark Boulevard, which agreement is attached hereto,
marked Exhibit "A" and incorporated herein by reference as
fully as though set forth at length.
SECTION 2. The agreement shall not take effect until
fully signed and executed by both parties. The City shall not
be obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be
implied or authorized.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
reqular
meeting thereof, held on
the 21st day of
November
, 1988, by the following
vote, to-wit:
AYES:
Council Members
Estrada Rei11v. Flores.
Naudc;ley Minor P01)e-Lud1am Hjl1er
NAYS:
None
.
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10/28/88
,
RES:
EXECUTING AGREEMENT WITH CAL STATE UNIVERSI-TY" RELATING
TO G~NTING OF RIGHT OF ENTRY FOR TRAFFIC SIGNALS
AT UNIVERSITY PARKWAY AND NORTHPARK BOULEVARD
ABSENT: None
... /!/.
,~~t'/f!a~&:0
'" Ci ty Clerk
The foregoing resolution is hereby approved this ~~A~
day of
November
Approved as to form
and legal content:
Ci ~
- 2 -
, 1988.
g~~l~~
City of San Bernardino
,
-
~.
, c?7_'~-<l4
{' t .,
EXHIBIT "A"
A G R E E MEN T
FOR INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNALS AT
UNIVERSITY PARKWAY AND NORTHPARK BOULEVARD.
THIS AGREEMENT, made and entered into this 6~/~day of
(Jeccl'YJ bc~'
, 1988, by and between the City of San Bernardino,
a Charter City and Municipal Corporation ("City"), and California
State University - San Bernardino ("University").
WITNESSETH:
WHEREAS, the City and University have provided the
necessary funding for installation of traffic signals at
University Parkway and Northpark Boulevard; and
WHEREAS, three approach legs are under jurisdiction of
City, while the fourth is on University property; and
WHEREAS, University desires to grant City the right to
enter on State property to install, operate and maintain the
traffic signals, handicap ramps and appurtenent facilities; and
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. University grants City a right of entry for the express purpose
of installing, operating, and maintaining the traffic signals,
handicap ramps and appurtenant facilities to be installed
at University Parkway and Northpark Boulevard in said City,
in accordance with approved Plan No. 7567 on file in the office
of the Director of Public Works of said City.
,.
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2.
No officer or employee of the City shall be responsible
for any damage or liability occurring by reason of
anything done or omitted to be done by City under or in
connection with any work, authority or jurisdiction not
delegated to the City under this Agreement.
It is
also agreed that, pursuant to Government Code Section
895.4, the City shall fully indemnify and hold
University harmless from any liability imposed for
injury (as def ir-;.ed b~'" Co"=}'ernment Code Section 810.8)
occurring by reason of anything done or omitted to be
done by City under or in connection with any work,
authority or jurisdiction not delegated to the
University under this Agreement.
IN WITNESS WHEREOF, the parties hereto have set
their hands and seals the day and year first above written.
Approved as to form
an~ l~~
Ci7'At:torney
CIT~F SAN BERNARDINO
By ~71~
ayor
___~~/df?/~*/
. City Clerk
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