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HomeMy WebLinkAboutContracts & Agreements_33-12_CCv0001.pdf FOR COUNTY USE ONLY �pU%TY pit E X New Vendor Code Dept. Contract Number PL i93* M Change 0 7 oX Cancel A County Department Dept. Orgn. Contractor's License No. Flood Control District 097 097 Flood Control District Contract Representative Ph.Ext. Amount of Contract OFOR Kenneth C.Eke 7-7995 SAN BERNARDINO COUNTY Fund Dept. Organization Appr. Obj/Rev Source I I I I I Activity I GRC/PROJIJOB Number FLOOD CONTROL DISTRICT Commodity Code Estimated Payment Total by Fiscal Year FAS FY Amount I/D FY Amount I/D STANDARD CONTRACT Project Name CUA- CITY OF REDLANDS MULTI-USE TRAIL SYSTEM 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 REDLANDS hereinafter called CITY Address 35 CAJON STREET REDLANDS,CA 92373 Phone Birth Date (909)798-7555 Federal ID No.or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Setforth service to be rendered,amount to be paid,manner oj'pqvment,time for performance or completion, determination ofsatistiictory performance and causeJbr termination,other terms and conditions,and attach plans,specifications,and addenda,ifmy.) CITY OF REDLANDS MULTI-USE TRAIL - COMMON USE AGREEMENT-AMENDMENT NO. 2 WITNESSETH WHEREAS, on July 12, 2005, DISTRICT and CITY previously executed Memorandum of Understanding (MOU), Contract No. 05-696, in which the parties agreed to cooperate in the development of a multi-use trail system within portions of DISTRICT right-of-way in the CITY, and WHEREAS, the MOU stipulates that "individual portions of the approved conceptual plan shall be accomplished under a separate agreement......." and WHEREAS, DISTRICT and CITY on July 11, 2006, executed Common Use Agreement, Contract No. 06-764, hereby incorporated by reference,for recreational multi-use community trail along portions of Mission Channel, and WHEREAS, DISTRICT issued Construction Permit No. P-32011056 , to Layne Christensen Company (hereinafter called DEVELOPER), per construction plans approved by CITY, and WHEREAS, DEVELOPER has constructed within DISTRICT right-of-way (hereinafter called "AREA OF COMMON USE NO. 3-) for CITY, multi-use community trail, along the north access road of Mission Channel, from Iowa Street to approximately 635 feet west of Alabama Street (hereinafter called "CITY IMPROVEMENTS NO. 3"), which improvements are shown on the attached plans, marked "Exhibit E" and incorporated herein by reference, and said AREA OF COMMON USE NO. 3 is shown on the attached map, marked "Exhibit F and incorporated herein by reference. Page I of—2— - I WHEREAS, DISTRICT and CITY concur that CITY IMPROVEMENTS NO. 3 in AREA OF COMMON USE NO. 3 constitute an additional reach of the multi-use trail system and desire to amend the existing Common Use Agreement, Contract No. 06-764, to address CITY IMPROVEMENTS NO. 3 located in AREA OF COMMON USE NO. 3. NOW, THEREFORE, IT IS UNDERSTOOD AND MUTUALLY AGREED AS FOLLOWS: 1. DISTRICT and CITY amend the existing Common Use Agreement to include CITY IMPROVEMENTS NO. 3 located in AREA OF COMMON USE NO. 3 as shown on "Exhibit E" and "Exhibit F" attached hereto and made a part hereof. 2. DISTRICT and CITY agree that all terms and conditions of the existing Common Use Agreement shall also apply to CITY IMPROVEMENTS NO. 3 located in AREA OF COMMON USE NO. 3. 3. The definitions of CITY IMPROVEMENTS and AREA OF COMMON USE used in the Common Use Agreement are amended to include CITY IMPROVEMENTS NO. 3 and AREA OF COMMON USE NO. 3., defined herein. This Amendment No. 2 shall take effect on the date it is signed by both parties. This Amendment No. 2 shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused the respective names to be hereunto subscribed and their respective seals to be hereunto affixed by their respective proper officers thereunto duly authorized. SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT CITY OF REDLANDS Josie Gonzales, Chair, Board of Directors By (Authorized signature) Dated Name Pete Aguilar Title -Mayor SIGNED AND CERTIFIED THAT A COPY OF THIS Dated March 6, 2012 DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD OF DIRECTORS Address 35 Cajon Street Laura H.Welch, Secretary of the Flood Control District Redlands, CA Approved as to Legal Form By . Daniel J. cHugh, City Attorney Deputy ATTESTED 100. Sam Irwin, City Clerk Approved as to Legal Form(sign in blue ink) Reviewed as to Contract Compliance Presented to Board for Signature 1110. ► County Counsel Date Date Date Page 2 of—2—