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Home My WebLink About25- Public Works rr ,C1YY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION File No 10 05 Tract 10302 ROGER G. HARDGRAVE Authorization to Execute Co- From: Subject: Operative Agreement with Vespar Dept: Public Works Developnent Company - Construc- tion Gli � Across Pedestrian Walkway oss Bal Date: 09-08-97 dredge Creek Synopsis of Previous Council action: June, 1995 - Allocation of $50 , 000 , in 1995/96 1/2fi Sales Tax Fund Budget, approved. June, 1996 - Allocation of $25 , 000 as supplemental funding, in 1996/97 1/2-G Sales Tax Fund Budget, approved. 08-18-97 - Appeal of Tentative Tract No. 10302 granted, and tract approved subject to deletion of requirement to extend Piedmont Drive, and addition of requirement to construct a pedestrian walkway. Recommended motion: Adopt resolution. cc: Fred Wilson Jim Penman tSKnature Contact person: Roger G. Hardgrave Phone: 5025 Staff Report, Supporting data attached: Agreement & Resolution Ward: 4 FUNDING REQUIREMENTS: Amount: $68 , 000 (1/2G Sales Tax Fund) Source: (Acct. No.) 129-367-5504-7066 Acct. Description) Piedmont Drive & Baldridge Creek Finance: Council Notes: Res 97- 303 /®/&/9 7 75-0262 Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT The appeal of Tentative Tract No. 10304 was heard at the Council meeting of 8-18-97 . Action was taken to close the public hearing and grant Ithe appeal , subject to the conditions of approval being amended to require construction of a pedestrian walkway in lieu of extending Piedmont Drive. This pedestrian walkway will be constructed in connection with development of Tract No. 10302 . The proposed Co-operative Agreement provides , in general, I that Vespar Development Company will install a culvert to convey storm drainage, place the necessary fill , and construct a pedestrian walkway across Baldridge Creek. Also, that the City will pay Vespar Development Company the amount of $68 , 000 as the City ' s share. This walkway can also serve as an emergency access in the event that it is ever needed. Funds to finance the City' s share have been allocated as follows: Fiscal Year Account No. Amount 1995/96 129-367-5504-7066 $ 50 , 000 1996/97 129-367-5504-7066 25 , 000 TOTAL AVAILABLE FUNDS ------ $ 75 , 000 We recommend that the Co-operative Agreement be approved. Revised 10-02-97 . C 0 - O P E R A T I V E A G R E E M E N —T — — — — — — — — — — — — — — — — — — — CONSTRUCTION OF PEDESTRIAN ACCESS ACROSS BALDRIDGE CREEK - TRACT NO. 10302 THIS AGREEMENT is made and entered into this day of , 1997 , by and between the CITY OF SAN BERNARDINO, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and the VESPAR DEVELOPMENT COMPANY, hereinafter referred to as "SUBDIVIDER. " WITNESSETH: WHEREAS, Piedmont Drive is shown on the City' s Circu- lation Element in the General Plan as a collector street; and WHEREAS, Piedmont Drive has been completed, except for the section west of Palm Avenue; and WHEREAS, Tentative Tract No. 10302 was approved by the Mayor and Council, at their meeting of 8-18-97 , on the 8 .5 acre parcel west of Palm Avenue, and north and south of the alignment of Piedmont Drive; and WHEREAS, Tentative Tract No. 10302 was approved subject to the condition that a pedestrian walkway be constructed across Baldridge Creek, and the General Plan amended to delete Piedmont Drive from the Circulation Element; and WHEREAS, CITY has allocated the amount of $75,000. 00 as the City' s share of constructing the pedestrian walkway in connection with the development of Tract No. 10302; and WHEREAS, CITY and SUBDIVIDER desire to stipulate the duties and responsibilities of each party relative to the construction of a pedestrian walkway and emergency access across Baldridge Creek. NOW, THEREFORE, the parties agree, as follows: 1. SUBDIVIDER shall: a. Proceed to construct a pedestrian walkway and emergency access across Baldridge Creek, including sidewalk, drainage culverts, sewer and erosion control landscaping, in accordance with plans approved by CITY' s Director of Public Works/City Engineer. This pedestrian walkway and emergency access will be constructed in connection with development of Tract No. 10302. EXHIBIT "A" CO-OPERATIVE AGREEMENT: Construction of Pedestrian Walkway Across Baldridge Creek b. Upon completion of the pedestrian •walkway and emergency access across Baldridge Creek, submit a certification to CITY that all work has been completed along with a request for reimbursement of the CITY' s contribution of $68 ,000.00. C. Finance all costs for the construction of a pedestrian walkway and emergency access across Baldridge Creek in excess of the CITY' s contribution of $68 ,000 . 00 . 2 . CITY shall: a. Pay the amount of $68 ,000 . 00 to SUBDIVIDER within thirty (30) days of receipt of a certifi- cation that all work has been completed, and a request for payment of CITY' s contribution. 3 . IT IS FURTHER AGREED THAT: a. The SUBDIVIDER agrees to indemnify, and hold harmless the CITY and its officers, ,agents, and volunteers, from any and all clams, actions or losses, damages, and/or liability which may arise from the SUBDIVIDER' s negligent perform- ance of its obligations under this agreement. b. CITY agrees to indemnify, defend and hold harmless the SUBDIVIDER and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of its obligations under this agreement. C. In the event the SUBDIVIDER and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the agreement, the SUBDIVIDER and/or CITY shall indemnify the other to the extent of its comparative fault. d. Furthermore, if the SUBDIVIDER or CITY attempt to seek recovery from the other for Workers' Compensation benefits paid to an employee, the SUBDIVIDER and CITY agree that any alleged negligence of the employee shall not be construed against the employer of that employee. - 2 - r �! r t ' CO-OPERATIVE AGREEMENT: Construction of Pedestrian Walkway Across Baldridge Creek e. This agreement shall terminate upon completion of the project and payment of final billing by the CITY for its share of the project. THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officials thereunto duly authorized. VESPAR DEVELOPMENT COMPANY CITY OF SAN BER4AP,DINO By Z By William C. Buster Mayor ATTEST: Rachel Clark, City Clerk Approved as to form and legal content: James F. Penman City Attorney By - 3 -