HomeMy WebLinkAboutContracts & Agreements_22-1993_CCv0001.pdf AGREEMENT
This Agreement is made and entered into this , day of
1993, by and between the City of
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Redlands, a municipal corporation, hereinafter referred to as
"Redlands, " and the City of Highland, a municipal corporation,
hereinafter referred to as "Highland" (sometimes individually
referred to as the "City, " and collectively, as the "Cities") .
RECITALS
WHEREAS, over the past several years, Redlands and
Highland have undertaken efforts both individually and collectively
to regulate mining activities within their respective jurisdictions
to protect the public health, safety and welfare of their citizens;
and
WHEREAS, in response to a lead agency determination
request by Highland, on December 10, 1992, the State Mining and
Geology Board found, among other things, that an immediate need
existed for regulation of mining activities at the C.L. Pharris
Sand and Gravel Company, Inc. "Johnson Pit" and "Redlands
Aggregates" mining sites, and further recommended that Highland and
Redlands enter into a joint agreement for the purpose of regulating
such sites; and
WHEREAS, Highland has contracted with a consultant for
the preparation of annual inspection reports and other reports
required by the Surface Mining and Reclamation Act (11SMARA11) ; and
WHEREAS, Redlands and Highland believe it is in their best
interests, and the best interest of the mining operator, that the
Cities employ a common consultant for purposes of conducting
inspections of the "Johnson Pit" and "Redlands Aggregates" mining
sites;
NOW THEREFORE, it is agreed by and between the City of
Redlands and the City of Highland as follows:
AGREEMENT
Section 1. Lead Agency Status. In accordance with the
determination of the State Mining and Geology Board, each City
shall retain its SMARA lead agency authority for all mining
operations conducted within its individual jurisdiction, including
the portions of those mining operations conducted on lands divided
jurisdictionally by the common boundary of Highland and Redlands.
Section 2. Retention of Consultant. Each City shall
contract with a mutually agreed upon common consultant to perform
annual inspection services, as required by Public Resources Code
Section 2774, for the "Johnson Pit" and "Redlands Aggregate" mining
sites. For the initial term of this Agreement, Warren Coalson
shall be the designated consultant. Such inspection services shall
be for the mining operators 1992 reporting year and shall commence
not later than six months after the date on which both Cities are
in receipt of the mining operator's annual report required by
Public Resources Code Section 2207 (due date of July 1, 1993) . It
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is recognized by the parties that inspection services for mining
operations in the City of Highland have already commenced.
Section 3 . Consultant Costs. Each City shall share
equally the costs incurred in retaining the consultant for the
provision of annual inspection services for the "Johnson Pit" and
"Redlands Aggregates" mining sites, based upon the location of the
mining sites and a proportionate share of the work performed.
Redlands shall not pay for any costs incurred prior to the executed
date of the agreement. It is anticipated that each City will
collect from the miners the entire cost borne for these services.
Section 4 . Reports. Each City shall promptly receive
copies of all reports prepared by the consultant with respect to
the "Johnson Pit" and "Redlands Aggregates" mining sites.
Section 5. Term. This Agreement shall commence on the
date first written above and shall remain in effect for a period of
one year unless terminated by either City as provided for herein.
Section 6. Termination. This Agreement may be
terminated by either City upon ten (10) days prior written notice
to the other. In the event this Agreement is terminated, each
party shall be responsible for its share of the consultant's costs
that are unpaid as of the date of such termination.
Section 7. Miscellaneous. This Agreement represents the
entire agreement of the Cities with respect to the matters
contained herein. This Agreement may be amended only by written
agreement executed by the authorized representatives of the Cities.
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EXECUTED this 18th day of May , 1993 ,
in San Bernardino County, California.
CITY OF �D. DP `
yore Cy ; ' R lya67r
ATTEST:
Deputy City Clerk
City of Redlands
CITY OF,,KIGHIjwD
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BY: 4 4
I i r, ity' of Highland
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ATTEST: },
City Clerk, 4 ' y of Highland
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