HomeMy WebLinkAbout2010-283
(NOTE: RESOLUTION AMENDED BY 2010-359)
RESOLUTION NO. 2010-283
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
REEWAY AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE STATE
IGHW A Y ROUTE 10 AND TIPPECANOE AVENUE INTERCHANGE PROJECT.
5 reeway Agreement defining the obligations of the State and City with respect to funding,
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WHEREAS, the State of California has requested that the City execute the attached
onstruction, right-of-way acquisition and long term maintenance of the State Highway Route 10
t Tippecanoe Avenue Interchange Project.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
F SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized and directed to execute said
Agreement on behalf of the City.
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SECTION 2. The authorization to execute the above referenced Agreement is rescinded
14 if it is not executed within ninety (90) days of the passage of this resolution.
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2010-283
RESOLUTION ... APPROVING A FREEWAY AGREEMENT WITH THE
1 TATE OF CALIFORNIA FOR THE STATE HIGHWAY ROUTE 10 AND
2 IPPECANOE AVENUE INTERCHANGE PROJECT.
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a joint regular meeting thereof, held
5 on the 16th day of August , 2010, by the following vote, to wit:
6 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ x
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DESJARDINS x
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10 BRINKER x
11 SHORETT x
12 KELLEY x
13 JOHNSON x
14 MC CAMMACK x
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17 Rache lark, City Clerk
18 The foregoing resolution is hereby approved this f day of August , 2010.
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20 Patri k J. Morris, a or
21f San Bernardino
Approved as to form:
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JAMES F. PENMAN,
23 City Atto ey
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By: '
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2010-283
08-SBd-IO-PM 24.8/25.7
On Route 10 between the west City
Limit at Hunts Lane and the
East City limit 0.6 miles west of
Tippecanoe Avenue
FREEWAY AGREEMENT
THIS AGREEMENT, made and entered into on this 16th day of
August , 20---.l.(L, by and between the STATE OF CALIFORNIA acting by and
through the Department of Transportation (herein referred to as "STATE"), and the CITY OF
SAN BERNARDINO (herein referred to as "CITY"),
WITNESSETH:
WHEREAS, the highway described above has been declared to be a freeway by Resolution
of the California Highway Commission on July 24, 1957; and
WHEREAS, STATE and County of San Bernardino have entered into a Freeway Agreement
dated October 7, 1968 relating to that portion of State Highway Route 10 between Hoots Lane
and west city limit of Redlands; and
WHEREAS, CITY has subsequently annexed certain areas including portions of such
freeways covered by Freeway Agreement dated October 7, 1968 with the County of San
Bernardino; and
WHEREAS, STATE and CITY have entered into a Freeway Agreement dated
November 26, 1968, relating to the portion of State Highway Route 10 between west City limit
near Hunts Lane and east City limit at Waterman Avenue; and
WHEREAS, a revised plan map for such freeway has been prepared showing the proposed
plan of the STATE as it affects streets of the CITY; and
WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway
Agreement in accordance with the revised plan of said freeway.
NOW, THEREFORE, IT IS AGREED:
1. This Agreement supersedes that portion of said Freeway Agreement, dated
October 7,1968 between the west City limit at Hunts Lane and east City limit 0.6 miles west of
Tippecanoe Avenue.
2. This Agreement supersedes in its entirely said Freeway Agreement dated
November 26, 1968.
2010-283
3. CITY agrees and consents to processing the closing of CITY streets, relocation of CITY
streets, construction of frontage roads and other local streets, and other construction affecting
CITY streets, all as shown on the plan map attached hereto marked Exhibit A and made a part
hereof by this reference.
4. The obligations of STATE and CITY with respect to the funding and construction of the
freeway project will always be dealt with in separate Cooperative Agreement(s) between the
parties, and any amendments thereto, or Encroachment.Permits issued to CITY. The parties
responsible for the construction ofthe freeway shall make any changes affecting CITY streets
only in accordance with the plan map attached hereto, marked Exhibit A.
5. The obligations of STATE and CITY with respect to the acquisition ofthe right of way
required for the construction, reconstruction, or alteration of the freeway and CITY streets,
frontage roads, and other local streets will always be dealt with in separate Cooperative
Agreement(s) between the parties, and any amendments thereto or Encroachment Permits issued
to CITY.
6. It is understood between the parties that the rights of way may be acquired in sections or
units, and that both as to the acquisition ofrights of way and the construction ofthe freeway
project, the obligations of STATE and CITY hereunder shall be carried out at such time and for
such unit or units of the project as funds are budgeted and made lawfully available for such
expenditures.
7. CITY will accept control and maintenance over each of the relocated or reconstructed
CITY streets, any frontage roads, and other local streets constructed as a part of the project, on
receipt of written confirmation that the work thereon has been completed, except for any portion
which is adopted by STATE as a part of the freeway proper. If acquired by State, CITY will
accept title to the portions of such roads lying outside the freeway limits upon relinquishment by
STATE.
8. This Agreement may be modified in writing at any time by the mutual written consent of
the parties hereto, as may become necessary for the best accomplishment, through STATE and
CITY cooperation, of the whole freeway project for the benefit of the people of the STATE and
of the CITY.
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2010-283
FREEWAY AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective duly authorized officers.
STATE OF CALIFORNIA
Department of Transportation
THE CITY F SAN BERNARDINO
CINDY McKIM, Director
California Department of Transportation
By.i~iB~
Chief Design Engineer
By:
Charles E. Mc
APPROVED AS TO FORM:
APPROVED AS TO FORM:
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