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1 RESOLUTION NO. / P. l' !),Ii?
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A REPLACEMENT AND COMMON USE AGREEMENT WITH THE SAN
3 BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RELATING TO THE SOUTH
"E" STREET BRIDGE OVER THE SANTA ANA RIVER.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
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a Replacement and Common Use Agreement with the San Bernardino
County Flood Control District, relating to the South "E" Street
Bridge over the Santa Ana River, a copy of which is attached
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hereto, marked Exhibit "I" and incorporated herein by reference as
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fully as though set forth at length herein.
I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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vote, to wit:
1l~,
__ 1977, by the following
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is hereby apprOve~thiS 7'~ day
Bernardino at a
meeting thereof, held
tfj
on the
day of
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AYES:
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NAYS:
ABSENT:
of
~e foregoing resolution
\L~ ,1977.
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v'
ernard~no
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LYTLE AND WARM CREEKS, PHASE VI
SANTA ANA RIVER
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THIS AGREEMENT, made and entered into this 11th
day of
July
, 1977, by and between the CITY OF SAN BERNARDINO, a municipal
corporation of the State of Californi,a, hereinafter referred to as "CITY",
and SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, a body corporate and
politic of the State of California, hereinafter referred to as "DISTRICT"
!i.!.:!'.~~~~!:!'.!!
WHEREAS, CITY is owner of or exercises cognizance over certain rights
of way and easements for street and highway pruposes for certain public
roads, to wit: "E" Street and Fairway Drive, hereinafter referred to as
"ROADWAYS"; and
WHEREAS, the flood waters of the Santa Ana River hereinafter referred
to as "RIVER", pose a serious threat to health, life and to private and
public properties including ROADWAYS; and
WHEREAS, the United States of America by and through the United States
Army Corps of Engineers, hereinafter referred to as "CORPS", proposes to
construct a flood control facility and appurtenances thereto, hereinafter
referred to as "CHANNEL", in, accordance with plans entitled Santa Ana River,
Lytle and Warm Creeks, hereinafter referred to as "CHANNEL PLANS", for
A756/05033
D. P. 2-700/44
5-4-76 (1)
Sheet 1 of
EXHIBIT "I"
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the purpose of aiding in the confinement of waters of RIVER through
CITY; and
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WHEREAS, DISTRICT is owner of or is acquiring lands for the construc-
tion of CHANNEL and for the relocation of ROADWAYS; and
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WHEREAS, DISTRICT is representative for the local interest for
coordinating construction of CITY'S facilities within CHANNEL, and obtaining
rights of way for CHANNEL; and
WHEREAS, DISTRICT desires to conditionally occupy portions of ROADWAYS
with constructed CHANNEL; and
WHEREAS, CITY desires to conditionally occupy portions of DISTRICT
lands with public street facilities and public utilities; and
WHEREAS, neither CITY nor DISTRICT entertains objection to
the oc~upation of those portions of their lands or rights of way to be
used by the other, which lands and rights of way are hereinafter referred
to as "AREAS OF COMMON USE", and are outlined in red color on attached
plat map marked Exhibit "A" and made a part hereof; and
WHEREAS, DISTRICT is willing to replace CITY'S facilities whose re-
moval is made necessary by reason of the construction of CHANNEL with re-
placement facilities of equivalent function, hereinafter referred to as
REPLACEMENTS; and
WHEREAS, DISTRICT is willing to incorporate REPLACEMENTS into construc-
tion; and
WHEREAS, CITY and DISTRICT will mutually benefit by setting forth
herein the rights and responsibilities of each within the AREAS OF COMMON
USE and with regard to construction and costs of REPLACEMENTS.
A756/05033
5-4-76 (1)
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NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION 1
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CITY SHALL:
A.
Acknowledge the right of DISTRICT, its successors, permittees,
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or assigns, to construct, reconstruct, operate and maintain CHANNEL for
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flood control and water conservation purposes and for purposes of access
under, over, along and across AREAS OF COMMON USE without need for any
further permit or permission from CITY; provided, however, that any such
use by DISTRICT and/or others specified herein, shall not endanger, in-
terfere, or conflict with the use of ROADWAYS by CITY or the traveling
public without first obtaining approval as set forth hereinafter.
B. Approve CHANNEL PLANS and plans set forth in SECTION 2,
paragraph C of this agreement.
C. Submit to DISTRICT, at least 30 days in advance plans for any
proposed construction, reconstruction, or maintenance within AREAS OF
COMMON USE which may occupy, endanger, conflict, or interfere with
CHANNEL or its functional operation, and obtain written approval from the
Flood Control Engineer of DISTRICT of such plans, which approval shall
not be withheld, provided that the work contemplated does not or will
not, in the opinion of the Flood Control Engineer. of DISTRICT, unreason-
ably conflict with, interfere with, or endanger CHANNEL or its functional
operation.
D. Indemnify the United States of America and the DISTRICT, their
officers, agents, and employees, against and hold them free
A756/05033
5-4-76 (1)
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-and harmless of. and frbm all claims and liabilities of any kind
arising out of, in connection with, or resulting from, acts or
omissions on the part.of CITY, its officers, agents, contractors,
and employees in its operation and maintenance of ROADWAYS, and/or
in the performance by CITY of any work within or adjoining AREAS OF
COMMON USE.
E. Accept full responsibility and cost of any and all reconstruc-
tion, maintenance, or operation of the REPLACEMENTS subsequent to transfer
thereof to CITY, including that portion of street bridges lying above the
plane of the soffit of the deck structure, and including roadway approaches,
parapets, walkways and railings. Transfer of REPLACEMENTS to CITY by
DISTRICT for operation, maintenance, and responsibility shall be effective
as of the date of final' inspection and acceptance by authorized represen-
tatives of CITY and DISTRICT.
F. Upon final completion of project, vacate the public right to
those portions of ROADWAyS and AREAS OF COMMON USE as depicted in orange
color on attached Exhibit "A" which are no longer required for the CITY'S
street use.
G. Pay the DISTRICT any costs claimed by the State Department of
Water Resources for any improvements to the CITY'S facilities determined
as improvements rather than REPLACEMENTS in kind to the existing facilities.
There are no known improvements determined to date of this nature.
SECTION 2
DISTRICT SHALL:
A. Acknowledge the right of CITY, its successor or assigns, to use
AREAS OF COMMON USE in common with .the public; to reconstruct, operate, and
maintain public utilities and REPLACEMENTS, provided, however, that any
such use by CITY does not or will not occupy, endanger, interfere, or
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conflict with CHANNEL or its functional operation without first obtaining
approval as set forth hereinbefore.
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B. Approve CHANNEL PLANS, and plans as set forth in SECTION 1,
paragraph C,. of this agreement.
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C. Submit to CITY, PLANS for CHANNEL and REPLACEMENTS at least
thirty (30) days in advance, and plans for any proposed construction,
reconstruction, or maintenance within AREAS OF COMMON USE which may in-
terfere or conflict with public use of ROADWAYS or endanger the safety of
the traveling public, and obtain written approval from the City Engineer
of CITY of such CHANNEL PLANS or other plans, which approval shall not be
withheld, provided that the works contemplated do not or will not, in
the opinion of the City Engineer of CITY, unreasonably conflict or inter-
fere wrth the public use of ROADWAYS or endanger the safety of the traveling
public.
D. Indemnify CITY, its officers, agents and employees against and
hold them free and harmless of and from all claims and liabilities of any
kind arising out of, in connection with, or resulting from acts or
omissions on the part of DISTRICT, its officers, agents, contractors,
and employees in the construction, reconstruction, or maintenance of
CHANNEL within AREAS OF COMMON USE and/or in the performance of any work
within AREAS OF COMMON USE.
E. Coordinate construction of CHANNEL with CORPS.
F. Coordinate construction with CORPS of REPLACEMENTS.
G. Notify CITY ten (10) days in advance of final inspection by
CORPS and DISTRICT.
A756/05033
5-4-76 (1)
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H. Upon final completion of project, convey to CITY those portions
of DISTRICT owned lands shown in green color on attached "Exhibit A",
which are determined to be surplus to DISTRICT needs.
IT IS FURTHER UNDERSTOOD AND MUTUALLY AGREED:
SECTION 3
A. Except as expressly set forth herein, this agreement shall
not terminate CITY'S or DISTRICT'S rights within AREAS OF COMMON USE
in such manner as not to interfere unreasonably with the rights of the
other. Nothing herein contained shall be construed as a release or
waiver of any claim for compensation for damages which CITY or
DISTRICT may have or may hereinafter acquire resulting from the
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A756/05033
5-4-76 (1)
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construction of additional facilities or the alteration of existing facil-
ities by either CITY or DISTRICT in such manner as to cause unreasonable
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interference with the use of AREAS OF COMMON USE by the other party.
THIS AGREEMENT shall insure to the benefit of and be binding upon
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the successors and assigns of both parties.
IN WITNESS WHEREOF, the parties hereto have caused their respective
names to be hereunto subscribed and their respective seals to be hereunto
affixed by their respective proper officers thereunto duly authorized.
APPROVED AS TO FORM
NO "t:OOWf'f;"~~'7~~~P~~xffl;~~~
M. Crane Kitchel
County Counsel
County of San Bernardino
By <:[ \2~ (0 /2-q(-,~
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By.
Chairman, Board of Supervisors
San Bernardino County
Flood Control District
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ATTEST:
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BY~~
Secretary, Board of Supervisors
San Bernardino County
Flood Control District
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City C k
AP~TO ~~J L:/.
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I, L~~NA RAfO ORP lerK of' the Board ot Su-
perv"uors of the ounty of' S B
State of C I' an ernardino,.
a "fornia, hereby certify the fore_
gOing instrument to be a full t
rect co ' rue and Cor-
py of the original now on fil .
office. ","'d~ e "n my
Dated: ~~!'
LEONA RAPOPORT '.
Cl~f' the ~~ard ~. ' ,
BY~~_~~.. _
Deputy
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A756/050033
5-4-76 (1)
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EXHIBIT
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cure s et G1 D c.u.q
x•4`'/3'33 �` �� ti? SANTA ANA RIVER
(C.o.f E. 0hase 6 Prbject)
L°45/Ql,
Portion Lot 2 , BIK. 54, R.S.B.
7/ 2
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
Pf OPOSED COMMON USE AREA REVISIONS DwN BY DATE
PROPOSED LAND TO CITY OF G.B. 3-II-76
PROPOSED STREET ABANDONMEN FILE No
D.P. 2-700/44