HomeMy WebLinkAboutContracts & Agreements_26-1973COUNTY OF SAN BERNARDINO
YF PUBLIC WORKS AGENCY
- ix - t j 825 EM Third Street Son Bernardino, CA 9205 Telephone (714) 383-1665
Flood Control Engineer
city of ROOM
2
no: Zone 3
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Q Our xc a= letter of Vskmary 23, 1571, AN off ke arror ed ackgrC nd
iI;g's;S.tina ":3 We i:roposala Or * jeSt use of Di14trictks yjqt-0f w8
within the Uty fir prk pu pougs. ire also WHO r-:Vat a o-c"-, afX
would follay.
At t it Mal; sae ert Mared to faryard harewith a draft of a tente-tive
hy all cogninnal District p=:t w t iew y which will
e VIL.*is3M PW!Dg the i..ppRY Fi ::E�'8.iuw F�.00 S:c �L � ts.y will to
you willYit;�te, a pla i
v :: �jv! c� .r!: !;I 4a "�X .L;€_p &I Ci.t�+'!.i".a" contemplated use Ir ill neeeaaory for
AfW you bs e load a ch asp::* to rnvjcw this and have fSAM~ d comments,
will be most "ileatad to x? th you to further rMCV this % detail.
Wry truly yours
. A, I MER
Flood Untrol Ensinc r
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Who shots, city of 301ands
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City of oL4L3itln'dg, kark coryi."aG&.Hier Y
A G R E E M E N T
THIS AGREEMENT, made and entered into this
day of, <; 1cr ,5, by and between the City of Redlands, hereinafter
referred to as "CITY" and the San Bernardino County Flood Control.
District, hereinafter referred to as "DISTRICT",
W I T N E S S E T H
WHEREAS, DISTRICT is acquiring rights of way for the Zanja
Channel in the City of Redlands between University Street and
Wabash Avenue; and,
WHEREAS, CITY proposes to use in common with DISTRICT portions
of said rights of way for public park purposes; and,
WHEREAS, CITY is willing to develop a plan compatible with
DISTRICT uses and purposes for said park purposes and to construct,
operate and maintain said park so as not to unreasonably interfere
with DISTRICT purposes; and,
WHEREAS, CITY is willing to assume all responsibility and
liability associated with the park uses; and,
WHEREAS, DISTRICT is willing to permit such uses, providing
they do not conflict with DISTRICT uses or facilities within the
rights of way; and,
WHEREAS, the area of common use are shown in color on the
attached map, entitled Exhibit "A", and made a part hereof; and,
WHEREAS, it is the best interest of both parties to set forth
the terms and conditions of such common use of DISTRICT's rights
Of Way;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I. DISTRICT SHALL:
A. Permit the use of the portions of its rights of way
shown on Exhibit "A" to be used for public park purposes
by CITY.
B. Maintain the flood control channel within the rights of
way for flood control purposes only.
C. Locate DISTRICT operation and maintenance access roads
in a manner compatible with park purposes.
D. Use reasonable precaution to protect CITY's planting
and facilities in the course of DISTRICT operations.
E. Notify CITY in advance of any uses of the areas of
common use which will conflict with its use as a
public park.
II. CITY SHALL:
A. Use the area of common use in a manner which will not
prevent its use for or unreasonably interfere with
flood control. purposes,
B. Operate, maintain and supervise the area of common use,
except as stated in I-B above, including bicycle paths,
bridal paths, trees and other plantings, pedestrian
bridge, and all facilities intended for or used as a
part of the public park and assume all costs in
connection therewith.
C. Provide all necessary structural, sanitation, health
and safety measures as necessary to comply with any
laws, regulations, ordinances or other controls necessary
to the operation of said park together with all necessary
enforcement measures.
D. Hold DISTRICT harmless from any claims arising from
use by the public of the area of common use.
IT IS FURTHER UNDERSTOOD AND AGREED:
1. That this Agreement is subject to all valid and existing
encumbrances of record, and is subject to the prior and
paramount right of DISTRICT its successors and assigns
to use the area of common use for flood control purposes.
2. That except as expressly set forth herein, the Agreement
does not alter, modify, or terminate an estate of DISTRICT
in and to its rights of way.
3. Both CITY and DISTRICT shall use the area of common use in
a manner which will not unreasonably interfere with the rights
of the other.
4. This Agreement 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 this Agreement
to be executed by their respective officers thereunto duly authorized.
APPROVED AS TO FORM:
Stanford D. Herlick
County Counsel
County of San Bernardino
By
Deputy
ATTEST:
BY
ecretary, Board of Supervisors
San Bernardino County
Flood Co 1 District
f
aty Attorney
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT
By
Chairman, Board of Supervisors
San Bernardino County
Flood Control District
CITY F REDLANDS
By��
yor
ATTEST: