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Home My WebLink AboutContracts & Agreements_33-2012_CCv0002.pdf F REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF THE COUNTY FLOOD CONTROL DISTRICT AND RECORD OF ACTION April 24, 2012 FROM: GERRY NEWCOMBE, Director Flood Control District SUBJECT: AMENDMENT NO. 2 TO COMMON USE AGREEMENT NO. 06-764 WITH THE CITY OF REDLANDS RECOMMENDATION(S) Acting as the governing body of the County Flood Control District (District), approve Amendment No. 2 to Common Use Agreement No. 06-764 between the District and the City of Redlands (City) to include additional portions of Mission Channel in the City trail system. (Affected Districts: Third) (Presenter: Gerry Newcombe, Director, 387-7906) BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES Pursue County Goals and Objectives by Working with Other Governmental Agencies. FINANCIAL IMPACT This item will have no financial impact on the District. Development, operation and maintenance of the trail system will be at the sole expense of the City. BACKGROUND INFORMATION Approval of the above item will make available additional portions of District rights-of-way for the existing recreational multi-use community trail system within the City of Redlands. The District and the City desire to cooperate and effect an amendment to the existing CUA to add an additional reach along the north access road of Mission Channel from Iowa Street to approximately 635-feet west of Alabama Street. REVIEW BY OTHERS This item has been reviewed by County Counsel (Charles S. Scolastico, Principal County Counsel, 387-5281) on January 30, 2012 and the County Administrative Office (Beatriz Valdez, Public Works Chief Financial Officer, 387-1852) on April 5, 2012. Page 1 of 1 cc: Flood Control-Eke w/agreement& Record of e i Board of Supervisors Newcombe Contractor cto Flood Control AP CbNSENT CALENDAR) w/agreement OF SAN BERNARDINO Auditor-Accounts Payable Manager w/agreement County FloiV, Control District EBIX-BPO c/o Risk Management MOTION _ N N1 Y-F AYE AYE CAO-Valdez _- "-` 3 4 5 File-w/agreement x s ml 04/26/12 LAURA H.WEIt ARK OF THE BOARD ITEM 58 BY Rev 4.19-11 DATED: April 24, 2012 1-UH CUUNTY USE ONLY IATY F p E — Naw Vendor Code Dept. Contract Number %03-6- M X Change 097 SC A x Cancel County Department Dept. Orgn. Contractor's License No. Control District 097 097 Flood Control District Contract Representative Ph.Ext. Amount of Contract OFOR 11 Kenneth C.Eke 7-7995 SAN BERNARDINO COUNTY Fund Dept. Organization Appr, Obj/Rev Source Activity GRC/PROJ/JOB Number FLOOD CONTROL DISTRICT Commodity Code Estimated Payment Total by Fiscal Year FAS FY Amount IID 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,I 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 sheers. Set forth service to be rendered,amount to be paid,manner of payment,time for performance or completion, determination ofsat4factorvper/brmance and cause for termination,other terms and conditions,and attach plaits,specifications,and addenda,ij'any) 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 1 of—2— •WHEREAS, DISTRICT and CITY concGr that CITY IMPROVEMENTS NO. 3 in AREA OF COMMON USE NO. Yconstitute an additional reach of the multiuse 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 BER C FLOOD CONTROL DISTRICT CITY OF REDLANDS Josie nzales, irectors By (authorized signature) Dated A PR '` `��# Name Pete Aguilar Title Mayor SIGNED AND CERTJFIED 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 tary e Flood Control District Redlands, CA f > Approved as to Legal Form cf+ By � 1 Daniel J. ugh, tt Attorney Deputy ATTESTED Sam Irwin, City Approved as to 1 Form(sign in blue ink) Reviewed as Contract Complianqe Presen t rd for Si lure u coup el Date �` �7 Date '3 /f7 Date !/ Page 2 of—2— �3TBFE'C 3 I L= 11 ( li 11 s � H - - � ' t� —aL"'o-i _ srxser r r 0 Ln Av � d 4 4 r2 4 "x {sxe4Rr§�? p¢€z z ji i� zrF ( Els $ ray h in 2085-M3-01/03 -, L C 0 0 0 0000}0 ^ w { 31)qq) 1 f 1 Z�Ry N, f _ € u -lip- T 5 - - x 1 ti. 1 Ji jl ith"�ii il r 3 � F I C rr > NATCMNE 16 W SFTI SHEET A 1 !ss'� 2. -M5-02103 M,5 CHLIN'S 16+50 s <rt NG4TCHLI7.E I6-50 SEE SiIEEf 2 lA vA o j G< 4 II _ C �4 55 {l R�� I r n 1 a � I Y � 1 _ 7 t 1 5 r `r 2085-M9-03/03 DEPARTMENT OF PUBLIC WORKS FLOOD CbNTROL - LAND DEVELOPMENT&CONSTRUCTION - OPERATIONS SOLID WASTE MANAGEMENT - SURVEYOR - TRANSPORTATION COUNTY OF SAN BERNARDINO 825 East Third Street - San Bernardino,CA 92415-0835 - (909)387.8104GERRY NEWCOMBE Fax (909)387.8130 I Director of Public Works May 15, 2012 City of Redlands File: 3-501/2.09 P.O. Box 3005 Redlands, CA 92373 Attention: Christopher Boatman RE: ZONE 3 — COMMON USE AGREEMENT FOR RECREATIONAL MULTI-USE COMMUNITY TRAILS WITH THE CITY OF REDLANDS — AMENDMENT NO. 2 Dear Mr. Boatman: Please find enclosed for your files one (1) executed original of Amendment No. 2 to the existing Common Use Agreement (CUA) No. 06-764) between the San Bernardino County Flood Control District (District) and the City of Redlands (City) which was approved by the San Bernardino County Board of Supervisors on April 24, 2012 If you have any questions regarding the above, please contact the undersigned at (909) 387-7995. Sincerely, rP.E ,KENN TH . EKEef Permits/Operations Support Division KCE:JAM:jh Enclosure T ndaAma a-M22012 `t E r i