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Home My WebLink About2017-1531 2 3 4 5 6 7 8 9 10 11 1? 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2017-153 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A TEMPORARY RIGHT OF ENTRY AGREEMENT WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY TO CONDUCT A TREE SURVEY ON CITY PROPERTY LOCATED AT 249 SIERRA WAY NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council of the City of San Bernardino hereby approve Temporary Right of Entry Agreement with the San Bernardino County Transportation Authority, a copy of which is attached hereto and incorporated herein as Exhibit "A". SECTION 2. The City Manager or her designee is hereby authorized and directed to execute said Temporary Right of Entry Agreement on behalf of the City of San Bernardino. SECTION 3. The authorization to execute the above referenced Temporary Right of Entry Agreement is rescinded if the parties fail to execute it within ninety (90) days of the passage of this Resolution and return same to the Office of the City Clerk. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A TEMPORARY RIGHT OF ENTRY AGREEMENT WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY TO CONDUCT A TREE SURVEY ON CITY PROPERTY LOCATED AT 249 SIERRA WAY I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 16'' day of August 2017, by the following vote, to wit: Council Members: AYES MARQUEZ X BARRIOS VALDIVIA X(M) SHORETT X NICKEL X 1 4114 Lai .:11 :� MULVIHILL X(S) NAYS ABSTAIN ABSENT X GeorgeanaAanna, CMCZoty Clerk The foregoing Resolution is hereby approved this 16a' day of August 201 . d' a el Approved as to form: Gary D. Saenz, City Attorney By 0A R. Carey Davi ,Mayor City of San litmardino Temporary Right of Entry Agreement Redlands Passenger Rail Project This Right of Entry Agreement ("Agreement") made and entered into this 1 Bth day of Ai,TiSt , 2017, ("Effective Date") by and between CITY OF SAN BERNARDINO, (hereinafter referred to as "Grantor"), and the SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (hereinafter referred to as "SBCTA"), with regard to the following: A. Grantor owns that certain real property identified as Assessor Parcel No. 0136-051-14 and commonly known as 249 Sierra Way, San Bernardino, CA 92408 ("Property"). B. SBCTA is proposing to develop the Redlands Passenger Rail Project ("Proposed Project"). The Proposed Project involves the extension of passenger rail service along an approximately nine -mile corridor extending east from the San Bernardino Transit Center in the City of San Bernardino to the University of Redlands in the City of Redlands, in the County of San Bernardino, State of California. C. SBCTA requires access to the Property to conduct a tree survey utilizing a registered arborist who will identify native and ornamental trees requiring removal outside SBCTA's right-of-way, through measuring, collecting data and other activities in support of the Proposed Project's tree survey requirements. A !" 1?Ti TMTi NTT 1. Grantor hereby grants a Temporary Right of Entry to SBCTA and its employees, agents, and contractors (collectively "Representatives") for reasonable access to the Property between and inclusive of the dates of July 1 _ 5, 2017 through November 15, 2017. 2. SBCTA shall have the right to enter upon and use the Property for the purposes of conducting visual inspections, evaluating tree conditions and characteristics, photographic documentation, and various measurements to determine the possible removal of existing tree conditions on the Property, and will be replaced at a minimum ratios of 1:1 and consistent with City of Redlands and San Bernardino standards. Said access shall be primarily to the areas such as yards, sidewalks, building exteriors, and parking areas facing the alignment of the railroad tracks affected by the above -referenced project. Grantor shall make the Property available and cooperate in providing access to such areas on such days and at such times as SBCTA shall reasonably request for the purposes set forth in this Agreement. 3. SBCTA will not knowingly grant permission for any other party, except SBCTA's duly authorized Representatives, to enter or use the Property. Temporary Right of Entry_City of San Bernardino Page 1 of 4 4. Prior to entering the Property, SBCTA and/or its designated Representatives shall contact the following representatives of the Grantor to arrange access, schedule times for entry, and to obtain information regarding the Property: Name: Opwra.� Oy'tS k MG'"L e4kOL"Ce- Phone Number: Name: Phone Number: 900f .38 y. 5 o Zo 5. While on the Property, SBCTA and its Representatives will comply and cause all Representatives to comply with all applicable government laws and regulations. SBCTA and its Representatives will be responsible for any damages to Property caused by the negligent acts of SBCTA or its Representatives arising from entry upon the Property under this Agreement. 6. It is understood and agreed that, pursuant to Government Code Section 895.4, SBCTA shall fully defend, indemnify and save harmless GRANTOR, its officers, employees and contractors from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by the SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this Agreement. 7. It is understood and agreed that, pursuant to Government Code Section 895.4, GRANTOR shall fully defend, indemnify and save harmless SBCTA, its officers, employees and contractors from all claims, suits or actions of every name, kind and description brought for or an account of injury occurring by reason of anything done or omitted to be done by GRANTOR under or in connection with any work, authority or jurisdiction delegated to GRANTOR under this Agreement. 8. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of California. 9. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies upon any person other than the parties and their respective representatives. SBCTA may not assign its rights under this Agreement without Grantor's prior written consent, which may not be unreasonably withheld, conditioned, or delayed. This Agreement is executed by Grantor and SBCTA to be effective as of the Effective Date first written above. [Signatures appear on the following pages] Temporary Right of Entry_City of San Bernardino Page 2 of 4 GRANTOR CITY OF S ERNARDI O 1iDate: (teZ By:�jc j 14 Name: Andrea Miller Title: City Manager APPROVtSTOR By: �4 Nam Title: City Attorney ATTEST: Georgeann Hina, CMC, City 1 rk Temporary Right of Entry_City of San Bernardino Page 3 of 4 SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY �771 B Date: y: _, st�S. - Ln�--� Name: Carrie Schindler Title Director of Transit and Rail Programs Temporary Right of Entry_City of San Bernardino Page 4 of 4