HomeMy WebLinkAbout2015-267 1
RESOLUTION NO. 2015-267
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING AMENDMENT NO. 1 TO THE RIGHT-OF-WAY
4 COOPERATIVE AGREEMENT NO. C11180 FOR THE PALM AVENUE GRADE
5 SEPARATION PROJECT WITH THE SAN BERNARDINO COUNTY
TRANSPORTATION COMMISSION (SANBAG).
6
7 WHEREAS, the City approved the Right-of-Way Cooperative Agreement No. C11180
8 with the San Bernardino County Transportation Commission (SANBAG) on May 9, 2015 for the
9 grade separation construction at Palm Avenue and the Burlington Northern Santa Fe Railway;
10
and
11
12 WHEREAS, certain items relating to right-of-way acquisition remain open and will
13 require the Cooperative Agreement to be extended; and
14 WHEREAS, the Agreement will expire on December 31, 2015 and SANBAG has
15 requested that the Agreement be extended for one year due to pending right-of-way litigation.
16
17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
18 OF SAN BERNARDINO AS FOLLOWS:
19 SECTION 1. The City Manager is hereby authorized and directed to execute
20 Amendment No. 1 to the Right-Of-Way Cooperative Agreement No. C11180 with the San
21
Bernardino County Transportation Commission, attached and incorporated herein as Exhibit
22
«A",
23
24 SECTION 2. The authority to execute this Amendment No. 1 is rescinded if the parties
25 fail to execute it within 90 days of the passage of this Resolution.
26
27
28
1
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING AMENDMENT NO. 1 TO THE RIGHT-OF-WAY
2 COOPERATIVE AGREEMENT NO. C11180 FOR THE PALM AVENUE GRADE
3 SEPARATION PROJECT WITH THE SAN BERNARDINO COUNTY
TRANSPORTATION COMMISSION (SANBAG).
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 7cn
7
8 day of December, 2015, by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ X
11
BARRIOS X
12
VALDIVIA X
13
14 SHORETT X
15 NICKEL X
16 JOHNSON X
17
MULVIHILL X -
19
Georgeann 4anna, CMC, ity Clerk
20
The foregoing Resolution is hereby approved this day of December, 2 15.
21
22
23 R. Carey Davis, ayor
City of San Be ardino
24 Approved as to form:
25 Gary D. Saenz, City Attorney
26 By;
27
28
2
2015-267
AMENDMENT NO. 1 TO
RIGHT-OF-WAY COOPERATIVE AGREEMENT NO. C11180
FOR
GRADE SEPARATION CONSTRUCTION AT PALM AVENUE AND THE
BURLINGTON NORTHERN SANTA FE RAILWAY IN SAN BERNARDINO AREA
THIS AMENDMENT NO. 1 is made by and between the San Bernardino County
Transportation Authority ("AUTHORITY") and San Bernardino County Transportation
Commission ("COMMISSION") and the City of San Bernardino ("CITY"), collectively known
as "PARTIES".
RECITALS:
A. AUTHORITY and COMMISSION entered into Cooperative Agreement No. C11180
with the CITY on June 1, 2011, which allows AUTHORITY and COMMISSION to
acquire right-of-way and administer funding for the Palm Avenue grade separation
ploject("AGREEMENT");and
B. PARTIES desire to extend the AGREEMENT termination date to allow time to complete
right-of-way acquisition and right-of-way closeout activities.
NOW THEREFORE, AUTHORITY, COMMISSION and CITY agree to amend the
AGREEMENT in the following particulars only:
1. Section 3, Article 9 is deleted and replaced in its entirety to read as follows:
"9. This Agreement will terminate on December 31, 2016. The Agreement may also be
terminated by either party by giving the other party 30 days written notice."
2. The Recitals set forth above are incorporated herein by this reference.
3. Except as amended by this Amendment No. 1, all other provisions of the AGREEMENT
shall remain in full force and effect, and are incorporated herein by this reference.
4. This Amendment No. 1 is effective on the date executed by AUTHORITY and
COMMISSION.
----------------------------SIGNATURES ON FOLLOWING PAGE-----------------------------
Page 1 of 2 Exhibit "A"
C11180-01
2015-267
IN WITNESS WHEREOF,the parties have executed this Amendment No. 1 on the dates
indicated below.
CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
By By:
Raymond W. Wolfe,Ph.D.
Executive Director
Date: Date:
APPROVED AS TO FORM: SAN BERNARDINO COUNTY
TRANSPORTATION COMMISSION
w
By
A rney By:
Raymond W. Wolfe, Ph.D.
Executive Director
Date:
APPROVED AS TO FORM:
By:
Eileen Monaghan Teichert
General Counsel
CONCURRENCE:
By:
Jeffrey Hill
Procurement Manager
Page 2 of 2
C11180-01
2015-267
AMENDMENT NO. 1 TO
RIGHT-OF-WAY COOPERATIVE AGREEMENT NO. C11180
FOR
GRADE SEPARATION CONSTRUCTION AT PALM AVENUE AND THE
BURLINGTON NORTHERN SANTA FE RAILWAY IN SAN BERNARDINO AREA
THIS AMENDMENT NO. 1 is made by and between the San Bernardino County
Transportation Authority ("AUTHORITY") and San Bernardino County Transportation
Commission ("COMMISSION") and the City of San Bernardino ("CITY"), collectively known
as "PARTIES".
RECITALS:
A. AUTHORITY and COMMISSION entered into Cooperative Agreement No. C11180
with the CITY on June 1, 2011, which allows AUTHORITY and COMMISSION to
acquire right-of-way and administer funding for the Palm Avenue grade separation
ploj ect("AGREEMENT");and
B. PARTIES desire to extend the AGREEMENT termination date to allow time to complete
right-of-way acquisition and right-of-way closeout activities.
NOW THEREFORE, AUTHORITY, COMMISSION and CITY agree to amend the
AGREEMENT in the following particulars only:
1. Section 3, Article 9 is deleted and replaced in its entirety to read as follows:
"9. This Agreement will terminate on December 31, 2016. The Agreement may also be
terminated by either party by giving the other party 30 days written notice."
2. The Recitals set forth above are incorporated herein by this reference.
3. Except as amended by this Amendment No. 1, all other provisions of the AGREEMENT
shall remain in full force and effect, and are incorporated herein by this reference.
4. This Amendment No. 1 is effective on the date executed by AUTHORITY and
COMMISSION.
----------------------------SIGNATURES ON FOLLOWING PAGE-----------------------------
Page 1 of 2 Exhibit "A"
C11180-01
2015-267
IN WITNESS WHEREOF,the parties have executed this Amendment No. 1 on the dates
indicated below.
CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
By: By
L
Raym6fid W. Wolfe,Ph.D.
Executive Director
Date: � '%d,�` Date:
APPROVED AS TO FORM: SAN BERNARDINO COUNTY
TRANSPORTATION COMMISSION
By:
A ' rney By
Raym nd W. Wolfe,Ph.D.
Executive Director
Date:
APPROVED AS TO FORM:
y: �6
Eileen M ghan Teichert
General Counsel
CONCURRENCE:
By: 41
Jeffopill
Procurement Manager
Page 2 of 2
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