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HomeMy WebLinkAbout1985-022 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 11 Ii 28 i RESOLUTION NO. 85--7/ RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO MODIFICATION OF TRAFFIC SIGNALS AT LYNWOOD DRIVE AND DEL ROSA AVENUE. 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, A Cooperative Agreement with the County of San Bernardino relating to modification of the traffic signals at Lynwood Drive and Del Rosa Avenue, 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 req'J lor meeting thereof, held on the 2.1stday of ,Ja.!1"i'\rV 1985, by the following vote, to wit: AYES: Council Menbers ra.staneda _ Rei 1-)''.' HerniJnr,.,,,, Marks,___. Ouie]" Frazier. [3trickler NAYS: None ABSENT: Nnne ~e1rm/,L16Ab / Ci ty Cl erk I il 1 The foregoing resolution is hereby approved this ~~A7~ day of 2 ,Janl1eY-V , 1985. 3 4 5 Approved as to form: 6 'I~/ ,/",-' 7 /. / ", " {.,!.. ,,1( ~/p )/>/~"?:-:->' ,)Ia::n ;-City Attorney . ,f 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 - 2- _ J of' ' " r COOPERATIVE AGREEMENT This Agreement, entered into on this 14th day of January 1984, by and between the County of San Bernardino, hereinafter referred to as "County", and the City of San Bernardino, a municipal corporation; hereinafter referred to as "City". WITNESSETH: WHEREAS, the traffic signals at the intersection of Lynwood Drive and Del Rosa Avenue are in need of modification in order to adequately accommodate the traffic volumes; and WHEREAS, two of the four approaches to this intersection are under the jurisdiction of the County, and WHEREAS, both County and City mutually desire to cooperate and jointly participate in the proposed modification of the traffic signals at Lynwood Drive and Del Rosa Avenue, hereinafter referred to as "project"; and WHEREAS, County and City desire to set forth the responsibilities and obligations of each agency in relation to the modification of these traffic signals. NOW, THEREFORE, it is mutually agreed as follows: 1.0 City Agrees: 1.1 To act as lead agency for the modification of these traffic signals. 1.2 To contact the various utility companies that may have facilities in conflict with the proposed modification, and make the necessary arrangement for relocation to facilitate the work. 1.3 To have these traffic signals modified under a construction contract. . ..~ . 1.4 To finance the total cost of the proposed modification, estimated at $80,000.00. 1.5 To obtain a no cost construction permit from the County Transporation Department for all work within the County Road right-of-way. 2.0 County Agrees: 2.1 To contribute $4,000 toward the cost of the project within 30 days after receipt of a bill. 2.2 To reimburse City in an amount not to exceed 50~ of the total cost of the project contract plus construction engineering, less the $4,000.00 contribution made under Section 2.1, providing and to the extent funds are made available in County's Fiscal Year 1985/86 Road Budget. Any payment of FY 1985/86 funds shall be made after completion of the project. 3.0 It is Mutually Agreed as Follows: 3.1 Neither party to this Agreement nor officers nor employees thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other party to the Agreement under or in connection with any work, authority or jurisdiction not delegated to the parties under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, each party shall fully indemnify and hold the other party harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done under or in connection with any work authority of jurisdiction under this Agreement. 3.2 This Agreement may be amended or modified at any time upon mutual agreement of the parties hereto. .' 3.3 This Agreement shall terminate on June 30, 1986. .' Dated JAN 1 4 1985 ATTESTED: Clerk of the Board of Supervisors APPROVED AS TO FORM DATE~'~ 'l'S ALAN K. AR S, COUNTY COUNSEL SAN BERNARDINO COUNTY, CALIFORNIA BY <-L-~ , DEPUTY CITY OF SAN BERNARDINO ( \ Date'd Title Address: North "D" Street ATTESTED: ~//~!~ Ci ty Clerk Approved as to Form: ~#r~ City Att rney /