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HomeMy WebLinkAbout2010-359 1 RESOLUTION NO. 2010-359 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING 3 RESOLUTION NO. 2010-283 AUTHORIZING EXECUTION OF A FREEWAY AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE STATE HIGHWAY 4 ROUTE 10 AND TIPPECANOE AVENUE INTERCHANGE PROJECT. 5 WHEREAS, on August 16, 2010, the Mayor and Common Council adopted Resolution 6 No. 2010-283 authorizing the execution of a Freeway Agreement with the State of California for 7 8 9 the State Highway Route 10 and Tippecanoe Avenue Interchange Project. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 10 11 12 13 to .the agreement fail to execute it within two-hundred-seventy (270) days of the passage of 14 SECTION 1: Section 2 of Resolution No. 2010-283 is hereby amended to read as follows: "The authorization to execute the above-referenced agreement is rescinded if the parties Resolution No. 2010-283". 15 III 16 III 17 18 19 20 21 22 23 24 25 26 27 28 - 1 - 2010-359 1 RESOLUTION OF THE 'CITY OF SAN BERNARDINO AMENDING RESOLUTION 2 NO. 2010-283 AUTHORIZING EXECUTION OF A FREEWAY AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE STATE HIGHWAY ROUTE 10 AND 3 TIPPECANOE AVENUE INTERCHANGE PROJECT. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint 5 Common Council of the City of San Bernardino at a regular 6 7 8 meeting thereof, held on the 1st day of November ,2010, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 11 12 13 14 15 16 17 18 x DESJARDINS x BRINKER x SHORETT x KELLEY x JOHNSON x MC CAMMACK x ~~.J:;~ ~ '- City Clerk 19 The foregoing resolution is hereby approved this _~.. day ofNovember ,2010. 20 21 22 23 Approved as to form: JAMES F. PENMAN, 24 City Attorney : ~,~~~~ 27 28 - 2 - (2010-359) 1 RESOLUTION NO. 2010-283 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A 2 REEWAY AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE STATE 3 IGHWAY ROUTE 10 AND TIPPECANOE AVENUE INTERCHANGE PROJECT. WHEREAS, the State of California has requested that the City execute the attached 4 5 reeway Agreement defining the obligations of the State and City with respect to funding, 6 onstruction, right-of-way acquisition and long term maintenance of the State Highway Route 10 7 t Tippecanoe A venue Interchange Project. 8 9 10 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY F SAN BERNARDINO AS FOLLOWS: SECTION I. The City Manager is hereby authorized and directed to execute said greement on behalf of the City. 12 13 14 15 III 16 III 17 18 19 SECTION 2. The authorization to execute the above referenced Agreement is rescinded if it is not executed within ninety (90) days of the passage of this resolution. 20 21 22 23 24 25 26 27 28 - I - 25 26 27 28 2010-283 (2010-359) 1 2 3 RESOLUTION ... APPROVING A FREEWAY AGREEMENT WITH THE TATE OF CALIFORNIA FOR THE STATE HIGHWAY ROUTE 10 AND IPPECANOE AVENUE INTERCHANGE PROJECT. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 ommon Council of the City of San Bernardino at a j oint regular meeting thereof, held 5 on the 16th 6 7 day of August , 20 I 0, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ x 8 9 10 BRINKER DESJARDINS x x 11 SHORETT x 12 KELLEY 13 14 15 16 17 18 19 20 21 22 23 24 ----L JOHNSON x MC CAMMACK x a~/~.~ Rachet-clark, City Clerk The foregoing resolution is hereby approved this / j?m day of August ,2010. Approved as to form: JAMES F. PENMAN, City Atto ey ~. - 2 - 2010-283 (2010-359) 08-SBd-IO-PM 24.8125.~ <<J) IF ~ 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.-...liL, by and between the STATE OF CALIFORNIA acting by and through the Department of Transportation (herein referred to as "ST ATE"), 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 1, 1968 relating to that portion of State Highway Route 10 between Hunts 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 (2010-359) 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 of the 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 of the 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 of rights of way and the construction of the 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. III III 2 2010-283 (2010-359) FREEWAY AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. 8T A TE OF CALIFORNIA Department of Transportation THE CITY OF SAN BERNARDINO RANDELL H. IWASAKI, Director California Department of Transportation By: Charles E. McNeely, City Manager By: TERRY L. ABBOTT Chief Design Engineer APPROVED AS TO FORM: APPROVED AS TO FORM: By: Attorney (State) 3 2010-283 0 ...... (2010-359) Z --III - !!~ l Q ....... a: ....: 0 C . C !:!:c ... 0 i ... ~ Z uUIII C c a: ......0 a: ... II c'" III ... z a: i -. ": II "cc ... .0 .III~ ao )( ... . >-Z z o. N ..... ... III VI ... ... Cc zz.. -c. ......~ .... .. -. ~... N III .0.. .. [ ., . IIIIL ==0 00 ';' a:O . ... .. ...... ..... . IL .... . >- ..... c" . .c' .... . t- o.... .... U ..... ""'~ D~~ II"'~ III ~I. z: oz. t- ....0 .c Z 0 - 'is ",'dOd ~ ~ 1 ... CD~ I!!!!! ... Z III ::I III,.. 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