HomeMy WebLinkAboutContracts & Agreements_14-1989_CCv0001.pdf Sent back to cou -Ity
FOR DISTRICT USE ONLY
2/89 by City Cle
Ftanlemwdino County Flood Control District Contract Numbers of
—
Flood Control District Contract Representative Contractor's License Number:
Fred V. Contaoi 387-2807
Asst Director
CgtIF0R%N Ph.Ext,
Budget Unit No. Sub-Object N Amount ontract
SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT Proft N If contract has more than one payment or receipt,
anj'a':Creek complete the following:
STANDARD CONTRACT Payments Estimate:
Approximate Amount Each:
THIS CONTRACT is entered into in the State of California by and between the San Bernardino County Flood
Control District, hereafter called the District, and
Name
Address City of Redlands hereafter called City
30 Cajon Street - P.O. Box 2090
Redlands, CA 92373
Phone Birth Date
Federal ID No.or Social Security No_
ITIS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered,amount to be paid,manner ofpayment, 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.)
W I T N E S S E T H
WHEREAS, DISTRICT and CITY desire to enter into a cooperative effort to provide a
recreational joint use of the Zanja Creek channel.
WHEREAS, CITY, desires to effect, at CITY cost, the construction of a multi-use
trail system for bicycling, jogging, hiking and exercise stations, including landscaping
and appurtenances, within the property used for the Zanja Creek Channel which will
necessitate City's use of certain Flood Control property.
WHEREAS, said multi-use trail system and landscaping will occupy, in part, portions
of the District owned lands, hereinafter called "DISTRICT LANDS"; and
WHEREAS, CITY desires to construct said multi-use trail system and to maintain
landscaping within DISTRICT LANDS (which DISTRICT LANDS are hereinafter referred to as
'AREA OF COMMON USE'), which AREA OF COMMON USE is shown on attached map marked "EXHIBIT
A" attached hereto and incorporated herewith;
)2-12459-697 Rev. 11/80 i 4
Page of—
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 MUTUALLY AGREED AS FOLLOWS:
1. DISTRICT hereby consents to CITY'S construction, reconstruction, and maintenance of
a multi-use trail system and landscaping and the appurtenances thereto, at CITY'S
sole expense within the AREA OF COMMON USE: provided however, that no such use,
occupancy, construction, reconstruction 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 for the proposed occupancy
to DISTRICT'S flood control engineer at least thirty days prior to the date of such
intended occupancy or use and obtain his written approval therefore, which approval
shall not be withheld, 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, structures and landscaping by 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 multi-use trail system
including landscaping and appurtenances.
2. CITY acknowledges DISTRICT'S right to AREA OF COMMON USE and the priority of DISTRICT'S
right within DISTRICT LANDS. Except in emergencies, CITY shall give reasonable
notice to DISTRICT and receive DISTRICT approval before performing any work on CITY
facilities 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.
Page 2 of 4
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 multi-use trail system including
landscaping, 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. DISTRICT and/or the County of San Bernardino shall indemnify, defend and hold
harmless the CITY, their officers, agents, volunteers and employees from and against
any and all claims, demands, loss or liability of any kind or nature which the
CITY, their officers, agents, volunteers or employees, may sustain or incur or
which may be imposed upon them, for property damage, injury to or death of any persons.
CITY shall indemnify, defend and hold harmless the DISTRICT and/or the County of
San Bernardino, their officers, agents, volunteers and employees from and against
any and all claims, demands, loss or liability of any kind or nature which the
DISTRICT and/or County, their officers, agents, volunteers or employees, may sustain
or incur or which may be imposed upon them, for property damage, injury to or death
of any persons.
Workers' Compensation. Statutory Workers' Compensation Insurance. The CITY
shall require the carriers of this coverage to waive all rights of subrogation
against the DISTRICT or the County, their officers, volunteers, employees,
contractors and subcontractors.
Comprehensive General and Automobile 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
Page 3 of 4
injury and property damage of not less than one million dollars ($1,000,000).
Errors and omissions liability insurance with combined single.limits of $1,000,000
for bodily injury and property damage.
CITY shall furnish certified copies of all policies and endorsements to the DISTRICT
evidencing the insurance coverage above required prior to the commencement of
performance of services hereunder, which shall provide that such insurance shall
not be terminated or expire except without thirty (30) days written notice to the
Department.
All policies, with respect to the insurance coverage above required, except for the
Workers' Compensation insurance coverage, shall obtain additional endorsements
naming the DISTRICT and the County, their employees, agents, volunteers and officers
as additional named insured with respect to liabilities arising out of the performance
of services hereunder.
5. Either party can terminate this agreement upon sixty (60) day notice to the other
party.
THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and
assigns of both parties.
SAN BERNARDINO COUNTY
FLOOD CONTROL. DISTRICT
City of Redlands,a _municipality
► (Stag if corporation, mpany,etc.)
Chairman, Board of Supervisors `
By w
Dated (Authorized Slgratarre)
Dated Eerug ry 21 . -1982
ATTESTED:
Title Carale Beswick., Mayor
Secretary of the Flood Control District Address P_ n nY 1[10 e 1 0
Approved as to Legal Form Reviewed as to Affirmative Action Reviewed for Processing
County counsel Agency Administrator/CAO
[late Date Data
02-12459-697 Rev.11/80 Page 4 of 4
TRANSPORTATION/FLOOD CONTROL COUNTY OF SAN BERNARDINO
ENVIRONMENTALDEPARTMENT PUBLIC WORKS AGENCY
825 East Third Street San Bernardino, CA 92415-0835 • (714) 387-2800 f ' � KEN A. MILLER
Director
FILE : 3- 501/2 . 00
February 10 , 1989
Mr . Dan Rodriguez
Community Services Director
City of Redlands
Post Office Box 280
Redlands , CA 92373
Dear Dan:
Enclosed is the joint use agreement for the Zanja Creek channel
to be submitted to the City Council .
After the agreement has been executed , please send the original
and three copies back to this office for submission to the Board
of Supervisors . An extra copy is enclosed for your files .
Very truly yours ,
w �/-;
FRED V. CONTAOI , Assistant Director
Transportation/Flood Control Department
FVC :jvm
cc : KAM/Reading File