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HomeMy WebLinkAboutContracts & Agreements_16-1973AGREEMENT This Agreement, made this day of , 1973, by and between the COUNTY OF SAN BERNARDINO, a body corporate and politic of the State of California, hereinafter referred to as COUNTY, and the CITY OF REDLANDS, a municipal corporation of the State of California, hereinafter referred to as CITY, WITNESSETH WHEREAS, during periods of moderate to heavy rainfall with its attendant runoff the portion of Lugonia Avenue extending from Alabama Street easterly approximately 350 feet is inundated creating an unsafe condition for the movement of traffic; and WHEREAS, the. said unsafe condition can be alleviated by the place - ment of additional pavement to develop a crowned section of the roadway; and WHEREAS, the southerly half of Lugonia Avenue in this area lies within the corporate limits of CITY; and WHEREAS, COUNTY and CITY do mutually desire to participate in a project to provide the necessary corrective effort; and WHEREAS, COUNTY and CITY do mutually desire to enter into an agreement setting forth the responsibilities and obligations of each as per- tains to the participation and performance of the Project improvements. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1.0 CITY SHALL: 1.1 Make any surveys necessary to design and control the typical section for the project. 1.2 Furnish all labor, equipment and material to accomplish the work. 1.3 Administer and fund the Project. 1.4 Upon completion of construction, determine final costs to be paid by COUNTY based on the actual quantity of materials used within the area lying outside of the corporate limits of CITY. (1) Z.0 COUNTY SHALL: 2.1 Upon receipt of invoice from CITY, reimburse CITY for actual construction costs as set forth in Item 1.4 above. It is preliminarily estimated that COUNTY°s share is approximately $400.00; however, the actual amount will be determined by CITY as set forth herein. 3.0 IT IS FURTHER AGREED THAT: 3.1 Neither COUNTY nor any offices or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in con- nection with any work, authority, or jurisdiction delegated to CITY under this Agreement. 3.2 Pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code 810.,8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 3.3 Neither CITY nor any offices or employees thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this Agreement. (2) M 3.4 Pursuant to Government Code Section 985.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Section 810. 8) occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority, or jurisdiction not delegated to CITY under this Agreement. This Agreement shall inure to the benefit and be binding upon the successors and assigns of the parties involved. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials, hereunto duly authorized. ATTEST: LEONA RAPOPORT, Clerk of the Board of Supervisors of the County of San Bernardino By: Deputy Clerk Approved as to form this day of , 1973. STANFORD D. HERLICK, County Counsel By: Deputy County Counsel ATTEST: By: }r 1e rk Approved as to form, this. day of � , 19 7S." `City Att rney- COUNTY OF SAN BERNARDINO By: Chairman, BoarJ of Supervisors CITY OF rEDLANDS r BY: 611 Mavo r (3)