HomeMy WebLinkAbout1984-194
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RESOLUTION NO.
84-194
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF AN AMENDMENT TO UTILITIES AGREEMENT WITH PACIFIC BELL RELATING TO
RELOCATION OF TOLL CABLES IN CONFLICT WITH CONSTRUCTION OF THE NEW TIPPECANOE
AVENUE BRIDGE OVER THE SANTA ANA RIVER.
BE IT RESOLVED BY THE ~~YOR 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 Amendment to
the Utilities Agreement with Pacific Bell relating to relocation of toll
cables in conflict with construction of the new Tippecanoe Avenue Bridge
over the Santa Ana River which agreement is attached hereto, marked Exhibit
"A" and incorporated herein by reference as fully as though set forth at
length. The original agreement was approved by Resolution No. 83-371.
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
regular
meeting thereof, held on the 21st day
, 1984, by the following vote, to wit:
of
Hay
AYES: Council Members Castaneda. Reillv. Hernandez.
Marks. Ouiel. Frazier. strickler
NA YS: None
ABSENT: None
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The foregoing resolution is hereby approved this ~7.: day
of
Uay
Approved as to form:
, 1984.
~..ff
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City At orney
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AMENDMENT TO UTILITIES AGREEMENT
WHEREAS, Pacific Bell formerly Pacific Telephone and Telegraph,
hereinafter called "Owner," and The City of San Bernardino, a municipal
corporation, hereinafter called "City," have entered into that certain
Utilities Agreement dated October 4, 1983, which Agreement sets forth
the terms and conditions pursuant to which "Owner" has to relocate
its telephone facilities to accomodate the construction of a new
bridge for Tippecanoe Avenue, over the Santa Ana River; and
WHERAS, The Owner, as of January 1, 1984, has divested itself
from its parent company, A. T. & T., and has relinquished all rights
of ownership and responsibilities to that portion of its facilities
referred to as coax in said agreement.
NOW THEREFORE, the parties hereto agree the amendments as
follows:
1. Paragraph No. 2 on Page 1 shall read:
The Underground toll cables shall be relocated on an interim
basis on the existing bridge, in accordance with plans approved
by City. After construction on the new bridge has progressed
sufficiently, the toll cable shall be relocated on a per-
manent basis to the space provided in the new bridge, as
shown on Plan No. 6358. Work shall be done pursuant to the
initial Notice to Relocate, by letter dated May 12, 1983,
Plan No. 6358, and any future Notice to Relocate, all of
which are referred to and incorporated by reference, and are
on file with Owner and City Engineer's Office at 300 North
"D" Street, San Bernardino, CA. Minor deviations from the
above described work may be made and incidental work may be
performed by the Owner when mutually acceptable by both
parties.
2. The last sentence of paragraph No. 4 on Page 2 shall read:
The estimated cost of work by Owner is $121,000
3. Paragraph No.9 on Page 3 shall read:
City hereby acknowledges the priority and permanency of
Owner's title by virtue of the Grant of Easement. Owner's
rights within the space provided in the new bridge shall be
no less than its right under the Grant of Easement, which
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EXHIBIT "A"
~ncluded but is not limited to the right to install, reconstruct,
maintain and operate the aforementioned toll cables.
All other terms and conditions of said Utilities Agreement remain
unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this
Amended Utilities Agreement this ~ nay of ~
PACIFIC BELL
By
cR((~
. -J""":::>
1984.
L.R. Lewis, Right of Way Manager
ATTEST:
~/?/~/.aAb-
-'Ci ty Clerk
Approved as to Form:
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