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CI~ CW SAN BERNARDI~ - REQUQr FOR COUNCIL ACQON
From:
GENE R. KLATT, for
ROGER G. HARDGRIWj:c'DjI'A~IH. OFF. Subject:
Department of PubTic Works/City Engineer .
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AUTHORIZATION TO EXECUTE COMMON USE
AGREEMENT
Dept:
Date:
July 17, 1985
Synopsis of Previous Council action:
Recommended motion:
Adopt resolution.
cc: John Matzer, Jr., City Administrator
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Signature
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Contact person:
GFNF R KlATT
Phone: 3!l3-5111
Supporting data attached:
COpy of Aqreement and Map
Ward:
1
FUNDING REQUIREMENTS:
Amount:
None
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Council Notes:
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cfh OF SAN BERNAR&O - REQJiST FOR COUNCIL ~ION
STAFF REPORT
As a part of the Parke Centre Development, it is anticipated that
Hospitality Lane will be extended east of Waterman Avenue to
provide continuity of the area and of the development. This
extension requires the acquisition of property and the construction
of a bridge of the San Timoteo Channel.
As a portion of the process of securing the right-of-way and providing
for the development and construction, staff has contacted the San
Bernardino County Department of Transportation/Flood Control/Airports
as the San Timoteo Creek is their right-of-way and under their juris-
diction.
The County has agreed to the Common Usage of the area and has prepared a
Consent to Common Usage Agreement for the area in question. This agree-
ment is in accord with past agreements in other areas and staff has re-
viewed and concurs with the document as presented.
Staff is therefore, recommending that the Mayor and Common Council auth-
orize the execution of the agreement as a part of the overall plan to
complete the required improvements.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CONSENT TO COMMON USE AGREEMENT FOR HOSPITALITY
LANE AT SAN TIMOTEO CREEK WITH THE SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Director of Public Works/City Engineer of the
City of San Bernardino is hereby authorized and directed to
execute on behalf of said City a Consent to Common Use Agreement
for Hospitality Lane at San Timoteo Creek with the San Bernardino
County Flood Control District, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully
as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
the
day of
, 1985, by the following vote,
to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
Mayor of the City of San Bernardino
t
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DISTRICT USE ONLY
S .rnardlno Cuunty Flood Co 01 District
Controcl Number
Fluod Control District Contract Repr.sontatlVII
Contracto,', Lh:::en.. Number:
James L. Dunn
1634
6utJyet Unit No.
Sub-Obioct No.
Job No.
Amount of Contract
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
STANDARD CONTRACT
693 1'1I3R501
MMO ff'Coni;UZ-, h~$ more thanUIli;p;yrnent or ret:ulpt.
ProjecT Name: CONSENT TO CO N Coml)lute tho following:
USE AGREEMENT - HOSPITALITY
Payments estimate:
LN. ACROSS SAN TIMOTEO CREEK
Approximate Amount each:
THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood
Co"trol District, hereafter called the District, and
N.-.-
.
AO~ "eu
City of San Bernardino
300 North "D" Street
hereafter called
CITY
Ph::.~.
~~n RArn~rn;nn, ~n q?41R
Birth Oat8
Fe:-t,,1 10 No. or Socia' Securltv No.
IT IS HEREBY AGREED AS FOllOWS:
(Use space below and additional bond sheers, Set forth service to be rendered, amount to be paid, manner of payment. time
for performance or completion, determination of satisfactory perfonnance and CBUse for termination, other terms Md
conditions, and attach plans, specifications, and addenda, if any.)
WIT N E SSE T H
----------
WHEREAS, CITY desires to effect, at CITY cost, the construction of a new
bridge for Hospitality Lane across the San Timoteo .Creek, which construction will
necessitate CITY's acquisition of certain road rights of way therefor; and
WHEREAS, said road rights of way will occupy, in part, portions of the
DISTRICT owned lands, hereinafter called "DISTRICT LANDS"; and
WHEREAS, CITY desires to construct said new bridge and appurtenances within
DISTRICT LANDS and within adjoining CITY owned lands. which DISTRICT and CITY
lands are hereinafter referred to as "AREAS OF COMMON USE", which AREAS OF COMMON
USE are described on attached "Exhibit A" and shown on attached plat map marked
"Exhibit B"; and
WHEREAS, DISTRICT desires to preserve, maintain, construct and operate flood
control and water conservation works within and across said AREAS OF COMMON USE;
1'1'1.' ......Q.1I':07 D.v 11 IAn
FA38501
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NOW, TIIEREFORE, IT IS MUTUALLY AGREED AS FOLJ..OWS:
1. DISTRICT hereby consents to CITY'S construction, reconstruction,
maintenance and operation of a bridge and appurtenances thereto, at
CITY'S expense within the AREAS OF COMMON USE and to allow CITY and the
traveling public to occupy and use said AREA OF COMMON USE for street
and highway purposes; provided, however, that no such construction,
reconstruction, maintenance, operation, occupancy, or use shall be
effected by CITY, its successors or assigns, in any manner which. in
the opinion of the Chief Engineer of the DISTRICT, may interfere or
conflict with any structures, facilities operations or uses which
DISTRICT has or intends to have upon said lands, without first submitting
plans of such occupancy or use to DISTRICT'S Chief Engineer at least 30
days prior to the date of such intended occupancy or use and obtain his
written approval therefor, which approval shall not be withheld, if in
the opinion of the Chief Engineer, the proposal does not interfere or
conflict wi th the DISTRICT'S interests; and providing further that
CITY, its successors and assigns shall assume full responsibility for
the operation and maintenance of bridge and roadway facilities (including
all roadway culverts, pipes and those portions of bridge structure,
including approaches, sidewalks 'and other appurtenant works, located
above the bottom plane of bridge seats or soffit of deck structure,
whichever is lowest).
2. CITY acknowledges DISTRICT'S right to AREAS OF COMMON USE and the
priority of DISTRICT'S right within DISTkICT LANDS. DISTRICT has and
reserves the right to use AREA OF COMMON USE in any manner not in
conflict with CITY'S needs for the proposed improved public roadway,
wi thout necessi ty for any further permit or permission from CITY.
Except in emergencies, CITY shall give reasonable notice to DISTRICT
before performing any work on CITY'S facilities in said AREAS OF COMMON
USE, where such work will be performed within channel or levee areas,
or which s"id work will in any way alter or obstruct the flow of or
potential flow of waters within said flood control and water conservation
works.
FA38501
Page 2 of 3
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3. CITY hereby consents to the construction, reconstruction, maintenance,
operation or use by DISTRICT, its contractors, agents and employees. of
flood control and water conservation facilities and appurtenances
thereto under, over, upon and along said AREAS OF COMMON USE, upon and
subject to the terms and conditions herein contained.
4. CITY shall indemnify and hold the DISTRICT and all officers, employees,
and agents of said public body free and harmless from any and every
claim, demand or action for damages, or injury to any person or persons
or property of any kind whatsoever, and shall assume any cost or
expense in connection therewith, and agrees to defend the DISTRICT, the
County of San Bernardino, and all officers, employees and agents of
said public bodies against any claims or demands which may arise out of
or result from the, CITY'S occupation and acti vi ties wi thin AREA OF
COMMON USE.
5. DISTRICT shall, except in emergencies, give reasonable notice to CITY
before performing any work on CITY'S facilities in said AREA OF COMMON
USE.
THIS AGREEMENT shall inure to the benefits of and be binding upon the
successors and assigns of both parties.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
(Stare if cotporation. company. etc.)
.
Chairman, Board of Supervisors
By.
(Authorized Signature)
Dated
Dated
ATTESTED:
Title
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Secretary of the Flood Control District
Address
AI:'c..,)\I~ 8' to Legal Form
Reviewed 8' \0 Affirmative Action
Reviewed for Processing
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Agency Admlnistrator/CAO
Co~ ~ty Couns.l
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FA3B501
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"EXHIBIT A"
HOSPITALITY LANE
ACROSS SAN TIMOTEO CREEK
That portion of Lot 8, Block 72, RANCHO SAN BERNARDINO, as per plat recorded
in Book 7 of Maps, page 2, Records of San Bernardino County, described as follows:
BEGINNING at the intersection of the Northeasterly line of that parcel
granted to San Bernardino County Flood Control District by document recorded as
Instrument No. 82-101286, Official Records of said County, with the Northerly
line of Hospitality Lane (86 feet wide), as shown on plat of Tract No. 12034
recorded in Book 168 of Maps, pages 75 through 87, records of said County; thence
along the prolongation of said Northerly line, South 720 19' 16" West, 163.18
feet; thence Westerly 14.79 feet along a tangent curve, concave Northerly, having
a radius of 507.00 feet and a central angle of 10 40' 18"; thence along a line
that is concentric with the Northeasterly line of aforesaid Flood Control District
parcel, Southeasterly 98.40 feet along a curve, concave Northeasterly, having a
radius of 2943.00 feet and a central angle of 10 54' 57", to the Southwesterly
prolongation of the Southerly line of said Hospitality Lane; thence along said
prolongation, North 720 19' 16" East, 181.40 feet to the Northeasterly line' of
said Flood Control District parcel; thence along said Northeasterly line, North-
westerly along a curve, concave to the Northeast, having a radius of 2787.00 feet
and a central angle of 20 03' 15", a distance of 99.92 feet to the point of
beginning.
FA38501
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RE9ISI0NS
DWN. BY
DATE
AGREEMENT No, FA38501
SAN TIMOTEO CREEK
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
PIn, LoIs 7 a 8, B Ik, 72
Rancho Son Bernordino
W, S. G, 1-10-85
FILE NO,
O,p. 3.400/470
EXHI IT B/
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