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Home My WebLink About2001-111 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDED AGREEMENT WITH THE COUNTY OF SAN 3 BERNARDINO RELATING TO THE JOINT USE OF THE MILL COMMUNITY 4 CENTER UNTIL DECEMBER 31, 2008. RESOLUTION NO. 200l-111 5 6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON SECTION 1. The Mayor of the City of San Bernardino or her designee is hereby 9 authorized and directed to execute on behalf of said City an Amended Agreement with the 10 County of San Bernardino relating to the joint operation of the Mill Community Center, a copy 11 12 of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length, 13 14 SECTION 2, The authorization granted hereunder shall expire and be void and of no 15 further effect if the Amended Agreement is not executed by both parties and returned to the office of the City Clerk within one hundred twenty (120) days following effective date of the 16 resolution, 17 18 II 19 II II 20 II 21 II 22 II II 23 II 24 II 25 II II 26 II 27 II 28 II II Ii 2001-111 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 1 EXECUTION OF AN AMENDED AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE JOINT USE OF THE MILL COMMUNITY 2 CENTER UNTIL DECEMBER 31, 2008. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a joint regular Meeting, 5 thereof. held on the 21st 6 wit: 7 COUNCIL MEMBERS 8 ESTRADA 9 LIEN 10 MC GlNNIS 11 SCHNETZ 12 SUAREZ 13 DEAN-ANDERSON 14 MC CAMMACK 15 16 day of May , 2001, by the following vote to AYES NAYS ABSTAIN ABSENT x x x x x -- x x ~~C~C~ 17 18 19 20 Thc foregoing resolution is hereby approved this 25 ph day of //' May , 200 I. 21 Approved as to form And Legal content: V ALLES, MAYOR an Bernardino 22 James F, Penman 23 City Attorney 24 By: ~ t. Pe- 25 () 26 27 28 4.10-0] JIb -Reso. Mill Community Center .. 2001-111 FOR COUNTY USE ONL Y Vendor Code Dept. E New M X Change X Cancel County Department Real Estate Services County Department Contract Representative John Yuhas, Real Pro ert Mana er Fund Dept. Organization Appr. c A 93-936 A-I Contractor's License No. Oept. Orgn. County of San Bernardino FAS STANOARD CONTRACT Ph, Ex!, 7 -7832 ObyRev Source Amount of Contract Activity GRC/PROJ/JOB Number 51N31039 Commodity Code FY Estimated Payment Total by Fiscal Year Amount 110 FY Amount 10 Project Name FIRST AMENDMENT SAN BERNARDINO - Mill Community Center and Park THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County. and Name City of San Bernardino as Joint Tenants Address 547 N, Sierra Way hereinafter called City San Bernardino, CA 92410 Phone Birth Date Federal 10 No. or Social Security No. 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, detennination of satisfactory performance and cause for termination, other terms and conditions. and attach plans. specifications. and addenda, if any.) WHEREAS, the County and the City have previously entered into an agreement, City Resolution No. 93-313 (also known as County Contract No. 93-936), the" Agreement", wherein City and County jointly purchased and jointly own certain real property now known as Mill Community Center; and, WHEREAS, the County and City now desire to amend the Agreement. NOW, THEREFORE, in consideration of mutual covenants and conditions, the parties hereto agree the Agreement, City Resolution No. 93-313 (County Contract No. 93-936), is hereby amended as follows: 1. DELETE that portion of Paragraph 5 which says" County and/or its agents shall have the right of first use of all areas marked in red on Exhibit "I", attached hereto and incorporated herein by reference as though set forth in full and at length...." and REPLACE it with "County and/or its agents shall have the right of first use of fifty-nine and one-half percent (59.5%) of the building spaces marked as County on Exhibit" A" . attached hereto and incorporated herein by reference as though set forth in full and at length. As consideration for the renovation of the public restrooms located at the west end of Unit "C" as set forth on the attached Exhibit "B", County will have exclusive use of rooms 2, 3, and 4 in Unit "C," set forth on Exhibit "A" attached hereto." 2. DELETE that portion of Paragraph 6 which says "Such reimbursement shall be by multiplying the total costs thereof by a percentage computed..." and REPLACE it with "Such reimbursement shall be computed by multiplying the total costs thereof by fifty-nine and one-half (59.5%) which is the percentage computed. " Page I of2 . 2001-111 3. DELETE that portion of Paragraph 7 which say .. ...reimburse City for all ground maintenance..." and REPLACE it with" ...reimburse City for half (50%) of all ground maintenance...". 4. DELETE the existing Paragraph 8 and SUBSTITUTE therefore the following as a new Paragraph 8: 8. City shall prepare and submit to County on a quarterly basis. a statement of costs chargeable to County pursuant to the provisions of Paragraphs 6 and 7 hereof for the preceding quarter. Upon receipt of this statement of charges from City, County shall, in a timely manner, pay to City all sums due, 5. DELETE the existing Paragraph 9, and SUBSTITUTE therefore the following as a new Paragraph 9: 9. The term of this agreement shall commence upon execution by both parties and end on December 31, 2008, 6. All other provisions and terms of the Agreement, City Resolution No. 93-3 \3 (County Contract No. 93-3\3) shall remain the same and are hereby incorporated by this reference. END OF FIRST AMENDMENT. COUNTY OF SAN BERNARDINO Dated: .. Fred Aguiar. Chairman. Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the Board of Supervisors of the County of San Bernardino, Attest: By: ~Ju1 iJ. ~JL City erk By Dated: Deputy Approved as to form and legal content: By: ~ 1-. /~ (/' City Attorney Dated: Address: Approv~ a5.1o L~~ .. ~ /-:r<",crZ::;~ County Counsel Reviewed by Contract Compliance Reviewed for Processing .. .. Agency Administrator/CAO Date )-:- Zc-:'"/ Date Date Page 2 of2 03-28-2002 11 :35 From-COUNTY OF BONO REAL STATE ."..~ ...- --~ ----- . ,'-" --- +9093877833 T-766 P.005/006 F-319. . .'-../ . . 3. I>BI..BTE tbat pOrtion of PlU'llgraph 7 which say ..:;' .ti\mbuttCl City for all groUJld. l:ll.3iJrtenancc..." and REPLACE it with .... ,rcimblU'SC City for half(SO'll>) of all p>und maintenalll:tl..... . '-" . 4. Dm..ETB the existiUJ Paragraph 8 and SUBSTlTtlTE therCfme the following II II new P8I~pb 8: 8, City shall prop~ and sl1bJl\1t to County ~ a quarterly basia. a awcm811t of c~ta chargeable to County putlluant to the provisions of p~ 6 and 7 l1ereof for the precedi11g quarter. Upon reccip\: of this statement of charpl from City. County &.ball. in a timely manner. pay to City all sums due. S. DJ3LETB the existing PlIJ'll3Tapb 9. and SUBSlT!tJ'l'E tM1lefore the following &S a new Paragrapb 9: 9, 'The teml of t)lia agr=.ment shall commence upon I!lllCl:ution by botIl plU'tica and C\'Id on December 31. 2008. 6. All other provisions and lO1lD5 of the AgraeJ'IlOllt, City Resolution No. 93.313 (County ContIllCt No. 93-313) shall remain the same and arc hereby incmporated by this n:forcnce, END OF FIRST AMENDMENT. COUN~ERNAAOINO . ~ ' ~~.~-~ Fred Aguiar. Chakmllll, BoRrd up8iYl'aOrll dUN 05 lOOt Deled: Infl; ~Sf IJl1II ,:at.f::I__ 111. h,~ ~ Da1Dd: mltl ~5, ~ I Approved 11& to Iorm atId leilaI' conlent By: .J,... t. Ie... .... (j- CIty Attorney . 08l8d: Address: :~~ CauoIIY 11181 o.tu J - - '-t:?' / DV COIIlI8Gl 0ampIr.!G8 RoMswflll far PI_lIIna ~ lqm"'l Mmk\l&1nllClf'lC'-O ~ llalA p.ta P.,,,,, ') ,..,? 03-18-2002 11:35 From-COUNTY OF BONO REAL STATE +9093877833 T-TSS P.OOS/OOS F-319 ',-" '......., .'--......". " .... ...........,.., -':' .. P< S ::-:> . ~ .. . III~ illi II:! S5l ". EAL ESTATE SERVICES DEPARTMENT T-766 P.001/006 F-319' COUNtY OF SAN BERNARDINO INTERNAL SERVICES GROUP 03-28-2002 II : 33 From-COUNTY OF BONO REAlSTATE +9093977833 ; East Third Slreel . San Bernardino. tA 92415,0832 . Fu (909) 381.7833 ministration (909) 387-7813 .perly Management (909) 38H832nB25 ihl-ol-Way 19091 387-7829/7843 Fax To: .u-.. J,..J{-A.. rrom;: -::r..z.. Mitl-... "ale 3 ~4 - ':>1)"2 1):l1c: "3- '). ?,..".t. f'''''_ ....t"i..::;." <l '- P~9.S: fle: -s..... ~~~,)- j,.\..\( ~"'u,.ll~ c--.k.f'w.Q~~ o U~"nt' 0 r~r IInie... [J PI","se C~mmcnt 0 PI."S. Reply o PI""se R..cycle .Ccrnments; ~s'j~~k"-f'4~ ~.tL ~".,J--j<: .JJ.---<.(.,.J) ~&. ~~k ....J.."-'ll! ~=1.....~k~. U:>e...*I( ~t.t-(w..~ .>1.... ~Q i&. .c ~"i.4- f "zt~ ~~"7- Bl-~"l... ...',:<.'~~': F. t,m:::;...;.:.tLSC1!'l: ~.:..\,.l:'.:'; :"or.:-.:nJ!;~rZlivo Offl.t;~~ e:LL F-OSTMUS ._ JuN ti. Mll<E~S ._ Boarci af &uper~orr, ........ Fin::' I:h&iric: DE~N!$ ~,,"I-ISBi.:RG.ER .... Tnir~ i.::i~~I;c: . .. .. 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