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clorv OF SAN BERNARDINO
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File No. 15.02-888
- REQUEST FOR COUNCIL ACTION
ROGER G. HARDGRAVE, Director
From: !tEe'e' "UN'1r ",pject:
Publ ic Works/Engineering' ..
Dept: 198G JJ~ -S P! 3: 58
June 4, 1986
Agreement to do certain work at
the Southwest corner of 2nd and
"H" Streets in exchange for
dedication
Date:
Synopsis of Previous Council action:
None
Recommen<led motion:
Adopt the Resolution
cc: John Matzer Jr., City Administrator
Warren Knudson, Di rector - Fi nance
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S,gnature ,
Contact person:
Lou Little
Phone:
5328
Supporting data attached: Staff__Report & Resolution Ward: 1 _ _
FUNDING REOUIREM1~T9~ninq s~~~Ur~treet~85,300.00 Source: stZ/ consc~2A.. Arrt
N. 242-362-57368 (85/86 - $21,500) (86/87 - $63,800L_Finance: c....
Council Notes:-' '3. rOO f"'."'" :.. 1""'1'" o..J....,..
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Agenda I tern, '
75-0262
~Iif OF SAN BERNARDllIb - REQUM FOR COUNCIL ACtiON
STAFF REPORT
There is a traffic problem at the off-ramp of the 215E Freeway
at Second Street. The traffic has been backing up to a point
where they are stacking-up on the freeway itself. To help
solve this problem, there will be an .additional lane provided
from the off-ramp to "G" Street. Part of the problem al so is
the traffic backing up onto Second Street, at "H" Street, to go
to In-N-Out Burger.
In order to construct the additional traffic lane, it was
necessary to obtain additional right-of-way from the In-N-Out
Hamburger Corporation. In exchange for the right-of-way, we
agreed to construct curb, gutter, paving and relocate their
sign at no expense to them.
The attached resolution authorizes the execution of the
agreement. We recommend that the resolution be passed.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
IN-N-OUT BURGER INC. FOR THE WIDENING OF SECOND STREET, WEST OF
"H" STREET.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION ONE: That the City of San Bernardino execute an
Agreement with In-N-Out Burger, Inc. for the widening of Second
Street, West of "HU Street, and in consideration of the
execution and conveyance of an easement document the City will.
construct, improve, and do other work within such portion at
its own expense.
SECTION TWO:
Th'at the said Agreement referred to
herein, a copy of which is attached hereto, marked Exhibit "AU,
and is hereby referred to and made a part hereof as fully as
though set out at length herein, is hereby approved.
SECTION THREE:
Tha t the Mayor of the Ci ty of San
Bernardino is hereby authorized and directed to execute said
Agreement on behalf of the City of San Bernardino.
I HEREBY CERTIFY that the foregoing Resol ution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof
he 1 d on the
day of
, 1986,
by the following vote, to-wit:
AYES:
Counci 1 ~'embers
NOES:
ABSENT:
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day of
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The foregoing resolution is hereby approved this
. 19B6.
Mayor of the City of San Bernardino
Approved as to form:
Ci ty Attorney
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EXHIBIT "A"
AGRHMENT
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This Agreement is made and entered into this r, I ~
day 0 f t<-/3f2uti4r
, 1986, by and between the Ci ty of San
Bernardino, a 11unicipal Corporation, hereinafter called "City"
and In-N-Out Burger Inc., the owners of that certain real
property located 'at the Southwest corner of Second Street and
"H" Street, al so known as Assessor Parcel No. 134-332-15,
hereinafter called .Owner".
THE PARTIES HERETO AGREE as follows:
(1) The Owner has executed, or simultaneously with and
at the time of the execution of this agreement will execute an
easement for street and highway purposes to the City of a
portion of Owners propel'ty for the widening of Second Street,
West of "H" Street as described in the attached easement
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document.
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(2) After and upon acceptance and dedication of said
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portion of O~lner's property for a street, the City agrees in
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consideration of the granting of said easement to construct:
HI
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a) Curb, gutter, sidewalk and paving,
b) Relocate the sign presently located on the
South side of Second Street, West of "H"
Street to a mutually agreed si te on said
Owner's property,
c) Do the necessary landscaping after the
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widening of said Second Street.
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d) Th,e construction and improvements are to be
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done
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at the expense and in accordance with the
Standards, requirements and scheduling of said
City.
The work to be done is shown on Plan No. 6890 on file
in the Department of Public Works, office of the Director of
Public Works/City Engineer.
There are no covenants or warranties other than those
expressed herein.
IN WITNESS WHEREOF, the parties have executed this
Agreement to day and year first above written.
#c-<.POlN r
CITY OF SAN BERNARDINO
Attest:
City C 1 e r k
APp/rJd as,!9 J"9rl):
{/4~rr~
City Attorney
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