HomeMy WebLinkAbout41-Public Works
. CITY OF SAN BERN~DINO - REQUEST pQ. COUNCIL?'IETION
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Dept:
ROGER.G. HARDGRAVE. Director
Public Works/Engineering
REC'D.-ADMtllbjlldtf. Authorize execution and acceptance
of a Common Use Agreemt- Northwest
1989 H~Y 31 All 10: 36 corner Mill & "G" Streets.
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Date: May 30. 1989
Synopsis of Previous Council action:
None
Recommended motion:
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Adopt the Resolution.
cc:. James Robbins. Acting City Administrator
James Richardson. Deputy City Adm. Development
James Penman. City Attorney
Contact person:
Verne Nadeau
Phone: 384-5026
FUNDING REQUIREMENTS:
Staff Report. Map. Letter
Amount: NONE
Ward:
1
Supporting data attached:
Source: (Acct. No.)
(Acct. Descriotionl
Finance:
Oneil Notes:
'71;._t'l,"',
Aaenda Item NO~
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CITY OF SAN.8JiRNQDlNO - REQU.STpQ.....O()U.IL ACTION
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I 75.0264
STAFF REPORT
Due to the development of the area located North of Mill Street at "G" Street which
provides fo.r the landscape nodes at the entrance corners to the Central qqSouth
Area. it was necessary to obtain an easement for street and highway purposes from the
San Bernardi no County Flood Dfstri ct to accompl fsh same at the Northwest corner of
Mi 11 and "r: Streets.
The Flood Control District was reluctant to grant an easement over the land in
question as they also must use the area in the maintenance of their Flood Control
Channel located in the area. They have therefore offered a Common Use Agreement which
is acceptable to us and provides us with the authority necessary for us to construct
and maintain the monument sign wall and landscaping.
This individual acceptance by your Honorable Body is necessary as .theCommon Use
Agreement from the County contains certain conditions and covenants. The document,
however, does not contain any unduly adverse restrictionS or reservations and no
appropriation of money is required.
The Flood Control has accepted our self insurance status as evidenced.by the attached
letter and the subject letters have been attached to the agreements as required.
Upon execution of the Common Use Agreement by the Mayor, the document will be returned
to the Flood Control for their execution and recording.
It is therefore our recommendation that the Resolution be adopted and the document(s)
be executed.
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TRANSPORT A TIUN /I-LUI OJ.;UI'I II1UL
. DEPARTMENT
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COUlVTY Of liAN IIt11NA"UINU
ENVIRONMENTAL
PUBLIC WORKS AGENCY
S~ ThIrd S_ . s.n 1lerNrd1no. CA 92416-oS36 · (714)387-2800
KEN A. MIUER
Director
May 15, 1989
File: 2-203/2.09
City of San. Bernardino
300 N. "D" st.
San Bernardino, CA 92418
Attn: Mr. Vexn ~n
Senior Real Prqlerty specb1ist
Re: FeD, ZCI'Ie 2, East Branch tl'tle Crlilelt,
P1<li<>sed 0- -I USe ~ . ,'"l)t
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Dear Mr. ~1
PUrsuant to r.........1t telephol1e conversations I:lebJeen yaI and Ken Williams, of my
staff, transIIlitted herewith are the original and 3 c:xpies of yaJr letter of March
17 an:i T.L. cain's letter of March 29, 1989, for iJ~paratia1 into the 4 oriqil'la1
~..........ts sent toyaI, forelllllCUtic:n, by an- transIIIittal at Fel;Iruary 8, 1989.
0Jr Risk ~.~Jt Divisiat an:i CCIunty Q:Ams8l have 4-.:1 to the attachment of
yaJr letter and Mr. cain's letter to the subject ~_,t to satisfy CCIunty
insurarxle reqrlreIIents.
Also att:.adled for ycur exnsideratiat is a cq7j of the last page of the ~.......e.Jt
with proposed larv;Juage to inc:mp>rate ycur letter and Mr. cain's letter into the
agreemeut as "Exhibit en.
Ifyc:u have arrj questia1s please ocntact Ken Williams at (714) 387-2736~
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MDlA GHlWl, '. .
Fede1;al Pt'Ojecq;j
F .C.Eh)ineerin;J
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5/30/89
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5/30/89
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT W1TH THE SAN
3 BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION
OF A MONUMENT SIGN WALL. INCLUDING LANDSCAPING AND
4 APPURTENANCES AND FOR LANDSCAPE MAINTENANCE CONCrRNING PROPERTY
GENERALLY LOCATED AT THE NORTHWEST CORNER OF MILL STREET AND
5 'G' STREET.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1:
The Mayor of the City of San Bernardino is
9 hereby authorized and directed to execute and accept On behalf
10 of said City a Common Use Agreement ~ith the San Bernardino
11 County Flood Control District. a copy of which is attached
12 hereto and incorporated by reference herein as fully as though
13 set forth at length. marked Exhibit "I". for the const.ruction
o 14 0 f a m 0 n u m en t s i g n wall. in c 1 u din g 1 and sea pin g an d
15 appurtenances and for landscape maintenance purposes more
16 particularly described in said Common Use Agreement and
17 concerning that certain real property in the City of San
18 Bernardino. Cou.nty of San Bernardino. State of California,
19 generally located at the Northwest corner of Mill Street and
20 "G" Street. and said City consents to the recordatiol'l therof.
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5-30-89
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1 I HERE~Y CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
Bernardino at a
on the
day of
following vote. to wit:
AYES: Council Members
NAYS:
ABSENT:
meeting thereof. held
. 19B9. by the
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City Clerk
Th e f o. reg 0 i n 9 res 0 1 uti 0 n i s
day of
A~proved as to form
and legal content:
James F. Penman.
Ci ty Attorney
BY:~
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5-30-89
hereby approved
. 1989.
this
N.R. "Bob" Holcomb. Mayor
City of San Bernardino
2
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T.RANSPORT. A T.ION IFLOt""' CONT.ROl
DEPART.MErQ
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826 Ell' Thlrd Street . Saln .........Ino. CA 92411-0831 . (7141 387-2800
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COUNTY OF SAN BERNARDINO
ENVIRONMENTAL
PI/8UC WORK8 AGENCY
KEN A. MillER
Director
May 15, 1989
File: 2-203/2.09
Dear Mr. .........1
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Pursuant to I_It tel~.... <XII'J\IerS8,tialS tleb.een you and Ken Williams, of 'Iftj
staff, transmitted hen!With aJ:8 the original and 3 cqlies of your letter of March
17 and T.L.Cain'. letter of March 29, 1989, fOr irlC01.~Clti.at into the 4 original
~..........Its sent to you, for executiat, by CAD:' transmittal at FebruaJ:y 8, 1989.
()lr Risk Manar,;-.-It Divisial and CWnty Q:Iunse1 have ..,.....ed to the attad1ment of
your letter and Mr. Cain's letter to the subject ~eement to satisfy o:mrt;y
i.nsurarw;le requirements.
Also attached for your ocns1derat1at is a COf!i of the last page of the ..,...e."went
with ~.~ l~ to inoc:n:~ate your letter and Mr. cain's letter into the
ag..eemelat as "Exhibit C".
If you have any questicns please ccntact Ken Williams at (714) 387-2736.
Sincerely,
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MINA GHlWl, Chief
FedeJ:al Projects/
F.e. En;Jineerin;J
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FOR DISTR
USE ONLY
San "rnliraino CountY FloOd Control Ollul
Contract'Number
Flood Control Distrkt Contract Aepr...nqtiw
Contracto.... Llcen.. Number:
,
Hina Ghaly
2597
Budget Unit No.
Sub.()bject No.
-Job'NO.
Amount of Contrect
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
STANDARD CONTRACT
Project Name:
East Branch Lvtle Creek
FA2881 0
I contract h_ MOn than one payment or rKelPt.
complete the following:
Pliyments e.tim.te:
Approxlm.t. AmOunt Each:
THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood
Control District, hereafter call1lCl the District, and
Nama
City of .San Bernardino
A'36O" N. "D" St.
San Bernardino, CA 92418
Phone Birth Date
hereafter called
City
Federal 10 No. or Social Secufi,ty No.
IT IS HEREBY AGREED AS FOLLOWS:
(U.e splICe below and addition<< bond sheets. Set forth service to be fflndeffld, amount to be paid, manMr of paYrMnt, tirM
for perfOrrnllnce or completion, deltlnnination of satisfactory perfOtrrlaneJI and cause for IIItmination, other III"". and
condition., and attach plans, specification., and addenda, if any.) .
WITNESSETH
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WHEREAS, CITY, desires. to effect, at CITY cost, the construction of a monument
Sign wall, including landscaping and appurtenances, within the property used for
the East Branch Lytle Creek Channel which will necessitate City's use of certain
Flood Control property.
WHEREAS, said monUlllent sign wall and landscaping will occupy, 1npart,
portions of the Distric.t owned lands, hereinafter called "DISTRICT LANPS"; and
WHEREAS, CITY desires to construct saidmonl.DDent sign wall and tomainta1n
landscaping within DISTRICT LANDS (which DISTRICT LANDS are hereinafter referred
to as 'AREA OF COMMON USE'), which AREA OF COMolON USE is described in "EXHIBIT A"
attached hereto and incorporated herewith and also shown on attached map marked
C "EXHIBIT B";
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WHEREAS, DISTRICT desires to preserve, maintain, construct and operate flood
control and water conservation works within and across said AREA CK CoMMoN USE;
NOW, 'mEREFORE, IT IS UNDERSTOOD ANDMUTUAU.Y AGREED AS FOLLOWS:
1.
DISTRICT hereby consents to CITY'S construction, reconstruction, and
maintenance of a monument sign wall and landscaping and the appurtenances
thereto, at CITY'S sole expense within the AREA OF COMMON USE: provided
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however, that no such use, occupancy, construction, reconstruction or
maintenance shall be affected by the CITY, its successors or assigns, in any
manner which ma}' interfere or conflict with any structures, facilities,
operations, or uses which DISTRICT has or intends to have upon said lands.
CITY shall submit complete plans for any future occupancy to DISTRICT'S flood
control engineer at least thirty days prior to the date of such intended
occupancy or use and obtain his written approval therefore,. which approval
shall not be withheld, if in the opinion of the flood control engilleer, the
proposal does not interfere or conflict with the DISTRICT'S interests.
CITY I its successors and assigns shall assume full responsibility for the
operation and maintenance of the monument sign wall including landscaping
and appurtenances.
2. CITY acknowledges DISTRICT'S right to AREA OF COMMON USE and the priority of
DISTRICT'S right within DISTRICT LANDS. Except in emergencies, CITY shall
gi v~ reasonable notice to DISTRICT before performing any. work on CITY
facilities in said AREA CK COMMON USE, or which said work will in any way
alter or obstruct the flow of Or potential flow of waters wit~n said flood
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control and water conservation works.
3. DISTRICT has and reserves the right to use AREA OF COIf1ON USE in any manner
not in connict with CITY'S needs for the proposed monument sign wall
including landscaping, without necessity for any further permit or permission
from CITY. DISTRICT shall, except in emergencies, give reasonable notice to
CITY before performing any work which may affect CITY'S facilities in said
AREA OF COMMON USE.
II. CITY shall indemnify, defend and hold harmless the DISTRICT and/or the
County of San Bernardino, their officers, agents, volunteers and employees
from and against any and all claims, demands, loss or liability of any kind
or nature which the DISTRICT and/or County, their officers, agents, volunteers
or employees, may sustain or incur or which may be imposed upon them, for
injury to or death of persons of the CITY, its officers, agents,volunteers
or employees, in the performance of this contract.
Workers' ~tion: Statutory Workers' Compensation Insurance. The
CITY shall require the carriers of this coverage to waive all rights of
subrogation against the DISTRICT or the County, their officers,
volunteers, employees, contractors and subcontractors..
eo.prebensive General and AutallobUe Insurance: This coverage to
include contractual coverage and autaDobile liabilit.y coverage for
owned, hired, and non-owned .vehicles. The policy shall have .combined
Page 3 of II
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single limits for bodily injury and property damage of not less than
one million dollars ($1,000,000). Errors and omissions liability
insurance with combined single limits of $1,000,000 for bodily injury
and property damage.
CITY shall furnish certified copies of all poliCies and endorsements to the
DISTRICT evidencing the insurance coverage above required priOr to the
().....----ent ot pertQf'lftOol.oe ot aen1cea her"''''''', which shall proVide that
such insurance shall not be terminated or expire except without thirty (30)
days written notice to the Department.
All poliCies, with respect to the insurance coverage above required, except
for the Workers' Compensation insurance coverage, shall obtain additional
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endorsements naming the DISTRICT and the County, their employees, agents,
volunteers and officers as additional named insured .with respect. to
liabilities arising out of the performance of services hereunder.
S.e attached EXHIBIT C for the required insurance documentation.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors
and assigns of both parties.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
~
Chairman, Board of Supervisors
(Sr." if clJf'POqtion. comp."y. ,te.)
Dated
By~
(AUlh",ized S;"..tu"J
Dated
ATTESTED:
~
Secretary of the Flood Control Distriet
Title
Address
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R.vlewed .. to Affll'fft8tlve Action
A.vI.... for Proce.I",
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Agency Admlnhttator/CAO
Oat.
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02.1245t~97 Rev. 11/10
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"EXHIBIT A"
That portion of Lot 10, Block 11, Rancho San Bernardino as per plat recorded in
Book 7 of liaps, Page 2. Records of San Bernardino County, described as follows:
Commencing at the intersection of the centerline of Mill Street (82.50 feet wide) .
with the centerline of "G" Street (variable width) as shown on Parcel Map 9506,
as per plat recorded in Book 1 19, Page 31, Officia6- Records of said county;
Thence along s:bid centerline of Mill Street, North 89 59' 15" West,69.76 feet;
Thence North 0 00' 45" East, 41.25 feet to a point in the North line of said
Mill Street, said pgint being the TRUE POINT OF BEGINNING; Thence along said
North line, North 89 59' 15" West, 51.82 feet; Thence Northeasterly, 44.29 feet,
along a non-tangent curveb concave Southeasterly, having a radius of 65.0 fee~
and a central angle of 39 02' 12", a radial line to said curve bears ~orth 89
59' 15" West; Thence South 360 30' 41" East, 7.59 feet; Thence South 47 39' 26"
East, 29.06 feet; Thence South 360 30' 41" East, 19.0 feet to the True Point Of
Beginning.
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CITY OF SAN BERNARDINO DRAWN
BY .
DE:PARTMEtoIT OF PUBLI C WORKS
. . P. e.
bATE
CANDSCA FIE 2/26/88
SH IOF
EASE MENT
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A 0 G ERG. H A A 0 G A A V E
DIRECTOR OF PUBLIC WOAKSfCITY
March 17, 1989
File No. 15.0~1008
ENGINEER
\
Transportation/Flood Control Department
County of San Bernardino
825 East 3rd Street
San Bernardino, CA 92415-0835
Attn: Mr. Mina Ghaly
Gentlemen:
Reference the Common Use Agreement betl1een your Department and the City of
San Bernardino for the use of property located at the Northwest corner of
Mill and "G" Streets.
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This is again in reference to the County's requirement for insurance and
furnishing certified copies of policies to the County. Our attorney's office
desires to include the following paragraph as an attachment to the Agreemellt
pursuant to our verbal conversations in this regard and if you would kiridly
sign in the space provided and return this letter to our office. we will
continue to process the Agreement through our Governing body.
"District hereby aCknowledges that City is self-insured as to various
insurance coverages. District hereby waives the requirement for additional
named insureds, for evidence of coverage and for notice of cancellation."
San Bernardino County Flood Control District
By:
(Title )
Very truly yours.
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ROGER G. HARDGRAVE
:;;'to;P4i~rlkS!City Engineer
VERNE J. NADEAU
Real Property Supervisor
VN:vn
E%H/8/T C-/
3 0 0 N 0 A T H . D' I T A E E T. . A. N . E A N A JII 0 I N 0
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O"ICI O' TNI CITY ADMINISTRATOR
RIIK .."NAGIMINT"DIYIIION"
March 28, 1989
COUNTY OF SAN BERNARDINO
Department of Transportation/Flood Control
825 East Third Street
San Bernardino, California 92415-0835
Attn: Mr. Mina Ghaly
Re: Joint Use of Property at Mill & G Streets,
San Bernardino, California
Our File 15.02-1008
Dear !~r. Ghaly:
The purpose of this letter is to provide information con-
cerning the City of San Bernardino's Insurance Coverage. . We
are self-insured for legal liability up to $1,000,000. A
second $1,000,000 coverage is provided by the Bit Independent
Cities Excess Pool (BICEP). An excess policy issued by AIG
in .the amount of $8,000,000, brings coverage to the
$10,000,000 level, where a $15,000,000 umbrella is added by
BICEP to complete coverage to $25,000,000.
We are self-insured up to the statutory limit for Workers
Compensation Coverage by Employer's Reinsurance Corporation
with a $500,000 SIR.
EX///B/T C-,2
300 NORTH 00' STREE"'. SAN BERNARDINO.
C ,A l I F 0 PI N I A '" 2 .. .1 .. . 0 0 0.1 ,."," .. .. I , . .
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COUN'lY OF SAN8~RNARDINO
l4arch 28, 1989
Page 2
If you have any questions, please do not hesitate to contact
me.
,:;;!-11,Y E
T. L. Cain
Acting Risk Manager
TC/sf
cc: Pamela Thompson, Risk Manager
County of San Bernardino
Verne Nadeau '
Public Works/Engineering
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