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Home My WebLink About30-Public Works CITY OF SAN BERN()IbINO - REQUEST ()I COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Su bject: Aut.horize Execution and Acceptance of a Common Use Agreement with the San Bernardino County Flood Control District: Twin Warm Creek Bridge at. Waterman Avenue and Mill Street Dept: Public Works/Engineering Date: June 9, 1992 Synopsis of Previous Council action: NONE Recommended motion: ADOPT RESOLl~ION cc: Shauna Clark, Citv Administrator James F. Penman, City Attorney Contact person: Anne DeBolt Phone: 5328 Supporting data attached: staff Report, Map, Resolution Ward: 1 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No,) (Acct. DescriPtion) Finance: Council Notes: 75_0262 Aaenda Item NO~ CITY OF SAN BERNC:.aDINO ... REQUEST ~ COUNCIL ACTION STAFF REPORT Approximately 34 vears ago, thp. Citv of San Bernarnino, thp. Countv of San Bernardino and the San Bernardino County Flood Control Distr'ict entered into 2 separate agreements for the construction and maintenance of the bridge for the Twin Warm Creek Flood Channel where it crosses Waterman Avenue and Mi]] Streets. At that time, the land on thp. East side of Waterman Avenue was still in thp. County. When this area was annexed into the City of San Bernardino the Common Use Agreements were not re-written. Execution of this document will eliminate this problem - making the entire agreement between the City of San Bernardino and the San Bernardino Countv Flood Control District. The Flood Control District will not grant an easement over the land in question as they must also use the area in the maintenance of the Twin Warm Creek Flood Channel at the above location. They have therefore offered a Common Use Agreement which is acceptable to us, and provides us with the authority to do the necessary work. This individual acceptance is necessary as the Common Use Agreement from the County contains certain conditions and covenants. The document, however, does not contain any undulv adverse restrictions or reservations, and no appropriation of money is required. Also added in the latest documents from the Flood Control District are mutual indemnification clauses between thp. Citv and the Countv Floon Control District. Upon execution of the Common Use Agrep.ment bv the Mavor and the City Clp.rk, the document wi 11 be returned to the Flood Contr'ol District for their execution and recording. It is therefore staff's recommendation that the Resolution be adnptp.d and the document(s) be executed. ..,.~.n~f;.4 " " , \ . ~ ,. .~ ~~~,~ .." ~ ~111 ~~~ 5Il c~ ~ ~'1- '\; ~~ [t~l'l~-_ ~~$' ~~.~ ~. ~ ~> ,~ (- '13 Iff I ~. : I :~,,-...,.. ", V ."), . , \ . )' \'" .c." ,-' - ..+ , , ' '-,' - .......... , l' ~~ , .. ti)~ .'11. l~fjflJ() ';..oc.,.... Wz /2 ~ '"', .. @ '. ,-.-- --......___- ~. 1 . ," .' ~ \ii ~ I~ I$:) ~ MATCJ.I .,. ,... {'o' '_"/~' .,' .,.C' c.. .'<-' .' ./ '- ~" ". :;:.;~;>.s1 A. 'I #? ,""-, -. l' '^' "-/~ LINE ~.. :;! ::' ...'.' T" ~~'.: ,..~-.-- :..:~;:.~:\ -".: ' .~ " " nF.. InO /0') "'"" ~ --...... '"-" -- 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO Al~HORIZING THE ACCEPTANCE AND EXECUTION OF A COMMON USE AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR THE MAINTENANCE OF THE TWIN WARM CREEK BRIDGE AND OTHER IMPROVEMENTS. ACROSS PORTIONS OF THE TWIN WARM CREEK CHANNEL RIGHT-OF-WAY. AND CONCERNING PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF WATERMAN AVENUE AND MILL STREET. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mavor of the Citv of San Bernardino is herebv authorized and directed to execute and accept on behalf of said Citv, a Common Use Agreemp.nt with the San Bernardino Countv Flood Control District. a copy of which is attached hereto and incorporated by reference herein, as tully as though set forth in length. marked Exhibit "A", for the maintenance of the Twin Warm Creek Bridge and appurtenances. including curbs. gutters, landscaping and appurtenances. if anv. more particularly 14 described in said Common Use Agreement and concerning that certain real 15 property in the City of San Bernardino. County of San Bernardino, State of 16 California. generally located across portions of the Twin Warm Creek Brid,e 17 right-of-way at the intersection of Waterman Avenue and Mill Street. Said 18 19 20 21 22 23 24 25 26 27 28 City consents to the recordation thereof. SECTION 2. The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fai I to execute it within one hundred twentv (120) dl1Ys of the passage of this resolution. I I I I I I I I I I I / / / .. " " 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 06/09/92 - ~- - ACCEPTANCE AND EXECUTION OF COMMON USE AGREEMENT: TWIN WARM CREEK BRIDGE AT I THE INTERSECTION OF WA~~AN AVENUE AND MILL STREET " .,' ...., 1 2 3 4 5 6 7 8 I HEREBY CERTIFY that the foregoing resolution was duly adopted bv the Mayor and Common Council of the City of San Bernardino at a _________________meeting thereof held on the day of , 1992, by the following vote, to-wit: COUNCIL MEMBERS: - - - --_.~- ----- AYES NAYS ABSTAIN ABSENT ESTRADA REILLY 9 HERNANDEZ 10 MAUDS LEY 11 MINOR POPE-LUDLAM MILLER Rachel Krasney, City Clerk The foregoing resolution is hereby approved this day of , 1992. -_._._--~ .-.-- ----- --_._._-- W. R. Holcomh, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney 2, f), J~Z/)~ ~-------- ? ." ." /r-', FOR COUNTY Vendor Code NLY pl. Contract Number E New M Change X Cancel County Department FLOOD CONTROL DISTRICT Flood Control District Contract Representative sc A RFF Dept. Orgo. 092 092 Ph. EXI. 387-2736 Obj/Rev Source Contractor's License No. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FAS STANDARD CONTRACT Mina Fund Amount of Contract -0- Activity GRC/PROJ/JOB Number Project Name FY 1== FA29203 Estimated Payment Total by Fiscal Year Amount I/O FY Amount '" I '!Win Wann Creek at W9.terIIIln Avenue THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood Control District, hereinafter called the District, and Name CITY OF SA~ BERNARDINO Address hereinafter called "CITY" 30n N "nt' St~~~t ~~n Rp~n~~ninn, CA Q2418 C1honc B:.u-, D8~e 3Rli-5111 Fe,:ler&i ID No. or Social Security No. 15 0:>-1:>55 IT IS HEREBY AGREED AS FOLLOWS: fUse s~ecd bele'w and additional band she;ts. Set fortr, se~vic:F' to I-,e re.,OHea, amou::~ tCl be ')8iC;, me'mer of ~3yrner-:, timf: fl" periorm8nce or completion, c1eterml"atior; of sat/stactoN perfo!manca and cause fo!" rerr,'matic.~ .~tf}e, t~'ms and conditions, anc: a!tach plans, soecific.at!Jns. and addends. if an~'.J '!HIS 1lGREEMENl', made and entered into this day of , 19_, by and between the CITl[ OF SAN BERNARI)lN), a 1IIlI1i.cipal COJ:POration of the state of Califanrla, hereinafter referred to as "CITY", and the SAN BERNARI)lN) CXXJNTY FIDOD CXNmOL DISIRIcr, a body oorporate and politic of the state of Califanrla, hereinafter referred to as "DISIRICT". WITNESSETH WHERFAS, CITl[ desires to qlerate and maintain, at !Xl cost to the DISIRIcr, a bridge crossin;J of theDISIRIcr'S '!WIN CREEK CE\NNEL within DIS'lRIcr owned lams and the DISl'RIcr desires to qlerate and maintain at !Xl cost to the CITl[ a channel crossin;J of Watennan Avenue within CITl[ owned lams; 101 'll1ta<I:a<lJt(I:;, IT IS Ul-lul:a<::m,lOD AND K1IUALLY' AGREED lIS ro~: WHERFAS, the DISIRIcr is the owner of the lams upon which a portion of a bridge crossin;J of '!Win Creek QIanne1 at Watennan Avenue has been canstructed; WHERFAS, the CITl[ is the owner of lams upon i.m.ch a portion of '!WIN CREEK CE\NNEL at Watennan Avenue has been oanstruc:ted; FA29203 1 4 ~ " "'...... ~ - "' '-' " WfIERFA':;, both agencies are willin:J to allow the other agercy to effect operation an:i maintenance of the facilities on said agency's property, provided that the integrity am functional capacity of the facilities of the agency cwnin;J the right-of-way are not inpaired thereby; WfIERFA':;, DISI'RICI' an:i CITY will1tll1tua1ly benefit by ~ forth herein the rights an:i respollsibilities of each within AREAS OF c:xJ.IM:N USE, said AREAS OF a:tft)N USE are shown on Exhibit "A" attad1ed hereto an:i made a part hereof; NCM '1l1I:;t<uut<l\, in CXlI'lSideration of the pranises an:i nutual benefits derived, it is 1tII1tua1ly agreed by an:i between the parties hereto as follows: A. CITY AGREES: 1. Insofar as to property owned by the DIS'lRICI': a. 'Ib acknowledge DIS'lRICI"S title to the right of way an:i facilities in AREAS OF c:xJ.IM:N USE an:i the priority of DIS'lRICI"S title r::Ner CITY therein, an:i further acknowledges the right of DIS'lRICI', its SIJ~~ors or assigns, to use AREAS OF c:xJ.IM:N USE in .............. with CITY without need for any further pennit or pennission fran CITY, provided, however, that any such use by DISIRICI' shall not en:lan;Jer, interfere or conflict with CITY'S facilities or their functional operation without approval first bein:J cbt:ained fran the CITY of such plans, which approval shall not be unreasonably withheld. b. 'lhat prior to future reoonstruction of exist.in;J facilities, to apply for an:i obtain written approval fran DIS'lRICI' of plans incoJ:poratin;J details pert:ainin;J to CITY an;Vor CITY agent I S perfODllaIXlE! of constJ:uction activities within AREAS OF a:tft)N USE. JIRllication for said pennission shall be in writin;J aoc:arpanied by foor sets of contract plans an:i specifications. c. 'Ib accept full respollsibility an:i cost for any an:i all reconst:ruction, operation an:i maintenance of or liability for the bridge facilities (incl\ldinJ all roadway culverts, pipes, an:i those portions of the bridge strucb.1re, incl\ldinJ approac:hes,sidewalks an:i other ~ works, located above the battan plane of the bridge seats or soffit of the deck stroctures, whichever is lowest. ) ()JJfr d. 'Ib i.memify, ~ an:i hold hannless the DIS'lRICI', their officers, agents, volunteers an:i employees fran am against any an:i all claims, detnarxis, loss or liability of any kin:i or nature which the DIS'lRICI' an;Vor their officers, agents, volunteers or employees may sustain or incur or which may be i'T""""" upon them for property damage an:i injury to or death of any persons caused by the CITY'S use of the AREAS OF a:tft)N USE. ." e " c r." .-...) 2. Insofar as to the prqleI'ty owned by the CITY: a. To the reccnst:ructial, maintenance ani operatial of a channel facility ani ~ thereto, at no expense to the CITY within the AREAS OF ~ USE ani to allow DIS'lRIcr to occupy ani use said AREAS OF ~ USE for flood oantrol pIllp:;S?S'; provided, however, that no such use, I'V"'C'~, reccnst:ruction or maintenance, shall be effected by the DISIRIcr its S1..........."'0l:'S or assigns, in any marmer which, in the opinial of the Chief Erx;Jineer of the CITY, may interfere or oanflict with any structures, facilties, operatial or uses which CITY has or inten:1s to have upon said lams, without first su1:mitt:in3 plans of such OCCIJP<U'Y=Y or use to CITY'S Chief Erx;Jineeer at least thirty days prior to the date of such intended 0CCIlp<'n::y or use ani cbtain his written ~V1Ial therefore, which cq:proval shall not be withheld, if in the opial of the Chief Erx;Jineer, the..... ~l does not interfere or oanflict with the CITY'S interests or the p.npose of this ClyL==>,ent. b. To p10cess necessary pennit or pennits to DISIRIcr upon proper awlicatian by DISIRIcr as provided herein subject to the provisions ani con:litions of this 1\greement. c. To su1:mit to DISIRIcr at least thirty days in advance, plans for any ~'-'l'lJSed road or bridge, reccnst:ructial or maintenance within AREAS OF CXJoM:N USE which may erx:lan;Jer, interfere, or oanflict with DISIRIcr flood .......uvl facilities or their functional operation ani cbtain written cq:proval iran the District Erx;Jineer of DISIRIcr of such plans. d. Acoept full respalSibility ani cost for any ani all reccnst:ructial, maintenance or operatial of the bridge lyinJ above the plane of the soffitt of the deck structure, as set forth in paragrl!l:h A.l.c. B. DISTRIcr AGREES: 1. Insofar as to the prqleI'ty owned by the CITY: a. To ackncwl~ CITY's title to right-of-way ani facilities in AREAS OF ~ USE ani the priority of CITY'S title over DISIRIcr therein, ani further ackncJiiledges the right of CITY, its S'~-?rS or assigns, to use AREAS OF CXJoM:N USE in (, ..... "l with DIS'lRIcr without need for any further pennit or pennission iran DISIRIcr, provided, however, that any such use by CITY shall not erx:lan;Jer, interfere or oanflict with the flood oantrol facilities or their functional operatial without cq:proval first beinJ cXJtained iran the Flood Control Erx;Jineer of such plans, which cq:proval shall not be unreasa1ably withheld. b. '!hat prior to future reconst:ructi.al of the existiD;J flood oantrol facility to awly for ani cbtain written cq:proval iran CITY of plans illcxnpol:a~ details ~ to DIS'lRIcr amjor DISIRIcr'S agent's perfOJ:1llalXle of constructi.al activities within AREAS OF ~ USE. Applicatial for said pennission shall be in wri~ a~ed by fcur sets of u..tl/ueICt plans ani specifications. c. To imemnify, ani hold haImless the City ani 1Mk their officers, agents, volunteers ani enployees iran ani against any ani all cl"i_, demams, loss or liability of any kini or nature which the CITY amjor their .- ,- AGREEMENT: MAINT~NANCE OF TWIN WARM CREEK BRIDGE officers, agents, vol1.mteers = E!lIployees may sustain = incur = which may be iqlosed upon them f= injmy to or death of any persons caused by the DIS'IRIcr'S use of AREAS OF CXIM)N USE. 2. Insofar as to the prqlerty a.med by the DIS'IRIcr: a. 'lb the J:eOCII'lStzucton, maintenance, an:i operation of a bri.a:Je crcssirg an ~ thereto, at no expense to the DIS'IRIcr within the AREAS OF a::MOl USE an:i to allow CI'lY an:i the travelirg pJblic to occupy an:i use said AREAS OF cx:IHfi USE f= street an:i highway pJrpCJSeS; provided, however, that no such use, OCCIIpCIIlCy, ccnst:ruct:i.on, reco....Lu.lctioo = maiuL..-=ilCe shall be effected by the CI'lY, its S1lOOl?SSOJ:'S = assigns, in any marmer which, in the cpinian of the allef En;rineer of DIS'IRIcr, may interfere = conflict with any st%uc:tures, facilties, operatian = uses which DIS'IRIcr has = intends to have upan said lams, withaIt first sul::mittin;J plans of such I'V"Y'I~ = use to DIS'IRIcr'S Chief En;rineer at least thirty days pri= to the date of such intemed I'V"Y'I~ = use an:i obtain his written ~"v'al therefore, which ~ shall not be withheld, if in the cpinian of the allef En;rineer, the ~'l."""l does not interfere = conflict with the DIS'IRIcr's interests = the pw:pose of this AjL.........Jt. b. 'lb sul::mit to CI'lY at least thirty days in advance, plans f= any PL' opased J:eOCII'lStzuctan = maintenance of DIS'IRIcr facilities within Areas of a........... Use which may endan;Jer, interfere, = conflict with CI'lY'S facilities or their flm::tional operation an:i obtain written ~ fran the CI'lY of such plans. C. DIS'IRIcr an:i CI'lY agree: 1. 'Ibis ag............rt; shall replace ayl.........rt; J'1I1II'Ih<>r A5809002 dated SeptelttJer 8, 1956, CXJPY attad1ed as Exhibit "B" an:i agx..........Jt J'1Innh<>r A5809005 dated Septeni:ler 29, 1956 CXJPY attached as Exhibit "C" as they affect = pertain to Watennan Averroe. 'IHIS 1\GREEMENl' shall inure to the benefit of an:i be biniin:] upon the S'............~ors an:i assigns of both parties. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT .. Chairman, Board of Supervisors CITY OF SAN BERNARDINO, a Municipal Corporation (State if corporation, company, etc,) By .. (Authorized Signlltllre) Dated Dated ATTESTED: .. Secretary of the Flood Control District Title Mayor 300 North "D" Street Address San Bernardino, CA 92418 ! Revie"-'ed as to Affirmative Action I(J mC' I..~ \~ I I Dale Ii -~-o - '1;;;... ReViewed for Processing APproU8~ to l. eg,~ ~orm . ~ / .. ~~f 2' /./ Coumy CounsQ;' ~ S"-2./.q-t l.<ate .. Agency Administrator/CAD Date II II