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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, Suite 15A
Redlands, CA 92373
Telephone Federal ID No.or Social Security No.
(909) 798-7655
IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion,
determination of satisfactory performance and cause for termination,other terms and conditions,and attach plans,specifications,and addenda,if any.)
CITY OF REDLANDS
COMMON USE AGREEMENT
WITNESSETH
WHEREAS, DISTRICT and CITY desire to enter into a cooperative effort to provide a recreational multi-use
community trail within San Timoteo Creek right-of-way, from San Timoteo Canyon Road to Alessandro Road; and
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WHEREAS, CITY desires to effect, at CITY'S cost, certain improvements hereinafter called "CITY IMPROVEMENTS"
which Improvements are shown on attached plans marked "Exhibit B", attached hereto and incorporated herewith, related
to a community trail within the property used for San Timoteo flood control purposes which will necessitate the CITY
obtaining the DISTRICTS approval for use of certain property owned by DISTRICT; and
WHEREAS, said community trail will occupy, in part, portions of the DISTRICT owned lands, hereinafter
called "DISTRICT LANDS"; and
WHEREAS, by this Agreement, the CITY desires to construct, operate and maintain said CITY IMPROVEMENTS within
DISTRICT LANDS hereinafter called "AREA OF COMMON USE", which AREA OF COMMON USE is shown on attached map
marked "Exhibit A", attached hereto and incorporated herewith; and
WHEREAS, DISTRICT desires to preserve, maintain, construct and operate flood control and water conservation
works within and across said AREA OF COMMON USE;
NOW, THEREFORE, IT IS UNDERSTOOD AND MUTUAt.t.Y AGREED AS FOLLOWS:
1. DISTRICT hereby consents to CITY'S construction, reconstruction, operation and maintenance of the CITY
IMPROVEMENTS, at CITY'S sole expense within the AREA OF COMMON USE provided however, that no such use,
occupancy or construction, reconstruction, operation or maintenance shall be affected by the CITY, its successors or
assigns, in any manner which may interfere or conflict with any structures, facilities, operations, or uses which
DISTRICT has or intends to have upon said lands. CITY shall submit complete plans and request a permit for the
proposed occupancy to DISTRICTS Flood Control Engineer at least sixty (60) days prior to the date of such Intended
occupancy or use and obtain his written approval and a permit to construct. DISTRICT'S approval and permit shall
not be withheld unreasonably, If In the opinion of the Flood Control Engineer, the proposal does not interfere or
conflict with the DISTRICT'S interests. Upon termination of this Agreement, all facilities Installed and constructed by
the CITY shall be removed prior to the termination date. CITY. Its successors and assigns shall assume full
responsibility for the operation and maintenance of the CITY IMPROVEMENTS.
2. CITY acknowledges DISTRICT'S right to AREA OF COMMON USE and the priority of DISTRICT'S right within DISTRICT
LANDS. Except in emergencies and except for routine maintenance of CITY IMPROVEMENTS by CITY, its agents,
employees, contractors and volunteers, CITY shall give reasonable notice to DISTRICT and receive DISTRICT approval
before performing any work on CITY IMPROVEMENTS in said AREA OF COMMON USE, or which said work will in any
way alter or obstruct the flow of or potential flow of waters within said flood control and water conservation works.
3. DISTRICT has and reserves the right to use AREA OF COMMON USE in any manner not in conflict with CITY'S needs
for the proposed community trail without necessity for any further permit or permission from CITY. DISTRICT shall,
except in emergencies, give reasonable notice to CITY before performing any work which may affect CITY'S facilities
in said AREA OF COMMON USE.
4. CITY agrees to indemnify, defend and hold harmless the DISTRICT and the County of San Bernardino and their
authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or
liability arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any
Revised 05104/2015 Page 2 of 4
person and for any costs or expenses Incurred by the DISTRICT and County of San Bernardino on account of any
claim therefore, except where such indemnification is prohibited by law.
5. DISTRICT agrees to indemnify and hold harmless the CITY and its officers, employees, agents and volunteers from
any and all liabilities for injury to persons and damage to property arising out of any negligent acts or omissions of
the DISTRICT in performing it obligations under this Agreement
6. In the event that the DISTRICT and/or the CITY are found to be comparatively negligent in causing any claim, action,
loss or damage resulting from their respective obligations under this Agreement, each shall indemnify the other
extend of its comparative fault.
7. Furthermore, if the DISTRICT or the CITY attempts to seek recovery from the other for Workers' Compensation
benefits paid to an employee, the DISTRICT and CITY agree that any alleged negligence of the inured employee shall
not be construed against the employer of that employee.
8. Insurance -Without in anyway affecting the indemnity herein provided and in addition thereto, the CITY shall secure
and maintain throughout the contract the following types of insurance with limits as shown:
Workers' Compensation - A program of Workers' Compensation insurance or a State-approved Self-Insurance
Program in an amount or form to meet all applicable requirements of the Labor Code of the State of California,
including Employer's Liability with two hundred fifty thousand dollars ($250,000) limits, covering all persons
providing services on behalf of the CITY and all risks to such persons under this Contract.
Comprehensive General and Automobile Liability Insurance- - This coverage to include contractual coverage and
automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits
for bodily Injury and property damage of not less than three million dollars($3,000,000).
Additional Named Insured - All policies, except for Workers' Compensation, Errors and Omissions and Professional
Liability policies shall contain additional endorsements naming the DISTRICT, the County of San Bernardino and its
officers, employees, agents, and volunteers as additional named insureds with respect to liabilities arising out of the
performance of services hereunder.
Waiver of Subrogation Rights - CITY shall require the carriers of the above required coverages to waive all rights of
subrogation against the DISTRICT, the County of San Bernardino, its officers, employees, agents, volunteers,
contractors, and subcontractors. Policies Primary and Non-Contributory - All policies required above are to be
primary and noncontributory with any Insurance or self-insurance programs carried or administered by the DISTRICT
and the County of San Bernardino.
Proof of Coverage - The CITY shall immediately furnish certificates of insurance to the DISTRICT evidencing the
insurance coverage, including endorsements, above required prior to the commencement of performance of
services hereunder, which certificates shall provide that such insurance shall not be terminated or expire except
without thirty (30) days written notice to the DISTRICT, and CITY shall maintain such insurance from the time CITY
commences performance of services hereunder until the completion of such services. Within sixty (60) days of the
commencement)of this Agreement,the CITY shall furnish certified copies of the policies and all endorsements.
Revised 05104/2015 Page 3 of 4
Insurance Review-The above insurance requirements are subject to periodic review by the DISTRICT and/or County
of San Bernardino. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above
insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is
unreasonably priced, or is not needed to protect the interests of the DISTRICT. In addition, if the Risk Manager
determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits
become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above
insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that
any such change is reasonable in light of past claims against the DISTRICT and/or County of San Bernardino,
inflation, or any other item reasonably related to the DISTRICTS risk.
Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of
Insurance coverage or higher coverage limits must be made by amendment to this Agreement. CITY agrees to
execute any such amendment within thirty(30) days of receipt.
9. Either party can terminate this Agreement upon sixty(60) days notice to the other party.
THIS AGREEMENT shall inure to be the benefit of and be binding upon the successors and assigns of both parties.
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT City of Redlands
(Print or type name of corporation, company,contractor, etc.)
► By �ecJ. L� ,
James Ramos, Board Chairman (Authorized signature-sign in blue ink)
Dated: Name Paul W. Foster
(Print or type name of person signing contract)
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE Title Mayor
CHAIRMAN OF THE BOARD (Print or Type)
Laura H.Welch, Clerk of the Board
Dated: 12-1-15
By Address P.O. Box 3005
Deputy
Redlands, CA g2373
City Clerk ATTEST: G=
Sam Irwin
Approved as to Legal Form Reviewed by Contract Compliance Presented to Board for Signature
► ► ON-
Counsel
Counsel—Mitchell L. Norton Grant Mann Director—Gerry Newcombe
Date Date Date
Revised 05/04/2015 Page 4 of 4