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HomeMy WebLinkAbout1997-306 ~ RESOLUTION NO. 97-306 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TH 3 MAYOR TO EXECUTE THE COOPERATION AGREEMENTS BETWEEN THE CITY OF SAN BERNARDINO; UNITED STATES DEPARTMENT OF HOUSING AND URBAN 4 DEVEWPMENT; AND THE ARROWHEAD NEIGHBORHOOD ASSOCIATION, DEL ROSA NEIGHBORHOOD ACTION GROUP, CAJON NEIGHBORHOOD ASSOCIATION, 5 NEIGHBORHOOD IMPROVEMENT ASSOCIATION, AND PERRIS HILL NEIGHBORHOOD ASSOCIATION, RELATING TO GRAFFITI ABATEMENT 6 SERVICES AND TO WATER SERVICES OF VACANT PROPERTIES AS OWNED BY 7 THE DEPARTMENT OF HOUSING AND URBAN DEVEWPMENT. 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLWWS: 9 10 SECTION 1. That the Mayor is hereby authorized to execute the cooperation agreements 11 between the City of San Bernardino; United States Department of Housing and Urban 12 Development; and the Arrowhead Neighborhood Association, Del Rosa Neighborhood Action 13 Group, Cajon Neighborhood Association, Neighborhood Improvement Association, and Perris 14 Hill Neighborhood Association, copies of which are attached hereto marked Exhibit "A", "B", 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "C", "D", and "E" and incorporated herein by reference as fully as though set forth at length herein. IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII October I, 1997 1 97-306 OLUTION ... AUTHORIZING THE MAYOR TO EXECUTE THE COOPERATIQN. GREEMENTS BETWEEN THE CITY OF SAN BERNARDINO, UNITED STATES 1 EPARTMENT OF HOUSING AND URBAN DEVELOPMENT ... AND TO WATER ERVICES OF VACANT PROPERTIES AS OWNED BY THE DEPARTMENT OF HUD. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and ommon Council of the City of San Bernardino at a joint regu1armeeting thereof, held on the 6thctay of October , 1997, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x x x ~CI~ The foregoing resolution is hereby approved this y/i. day of October , 1997. ~~~ , TOM MINOR, Mayor City of San Bernardino l .e~ 2 ./ 8 9 10 II 12 13 97-306 1 2 3 4 COOPERATION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE DEL ROSA NEIGHBORHOOD ACTION GROUP RELATING TO GRAFFITI ABATEMENT SERVICES AND TO WATER SERVICES OF VACANT PROPERTIES AS OWNED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 5 This agreement, made and entered into this 15th day of October, 1997 by and between the city of San Bernardino (hereinafter "City"); Department of Housing and Urban Development (hereinafter "HUD"); and individual homeowners in the City of San Bernardino known as the 6 Del Rosa Neighborhood Action Group, an unincorporated not-for-profit organization (hereinafter "Association"): WHEREAS, HUD is the owner of certain vacant properties located in the City of San Bernardino, California ("the Premises"); and WHEREAS, HUD, City, and Association ("the Parties") believe that graffiti abatement and 14 watering and lawn cutting are in the vital and best interests ofHUD, the City of San Bernardino and the health, safety and welfare of its residents; and WHEREAS, the Parties wish to voluntarily cooperate to care for the Premises; NOW THEREFORE, in accord with the public purposes and provisions of applicable federal, state and local law and requirements, the Parties agree to the following: 15 16 17 18 19 20 21 SECTION I. PURPOSE OF THE AGREEMENT: The purpose of this Agreement is to commence a project to provide graffiti abatement service, water service and grounds service for no more than eight (8) Premises at any given time, as agreed, located in the City of San Bernardino within the boundaries of the Association. SECTION 2. TERM: 22 23 24 25 26 27 28 The term of this Agreement shall commence on October 15, 1997 ("Commencement Date") and end on October 14, 1998 ("Termination Date") unless sooner terminated by the Parties. The Parties may, at any time prior to the Termination Date, agree to expand, modifY or otherwise continue this Agreement past the Termination Date. SECTION 3. SERVICES: The City agrees to apply for, pay and provide water service to the Premises for the term JFP:cma[HUD.Agr] , 97-306 1 of this Agreement or until there is a change of ownership prior to the Termination Date. 2 SECTION 4. VOLUNTARY SERVICES: 3 HUD further agrees to allow the Association, City, and/or City's Contractor to enter the 4 property for the purposes of graffiti abatement, lawn watering, and trash removal services as 5 further described below. 6 A. VOLUNTARY SERVICES BY THE ASSOCIATION. 7 The Association, without expense to HUD, agrees to provide volunteer lawn watering 8 services, including turning on and otl' of sprinklers for the front and visible back and/or side 9 yards. The Association will also pick up trash in the front and visible back and/or side yards. 10 B. VOLUNTARY SERVICES BY CITY: 11 City agrees to provide graffiti abatement services for the Premises where graffiti is visible 12 from the street. 13 SECTION 5. USES: ] 4 The Association, City, and/m City's Contractor ~hall not do or perlllit others to when 15 they are present on the Premises, nor bring or keep or permit when they are present, to be 16 brought or kept in the Premises, anything (a) which is prohibited by or in conflict with any law, 17 ordinance, or governmental rule or, (b) which is prohibited by the standard form of fire insurance 18 policy. The Association, City, and/or City's Contractor shall not use or store on the Premises any 19 hazardous or toxic substances, with the sole exception of reasonably necessary substances that 20 are kept in reasonably necessary quantities for normal residential operations, provided that their 21 use and storage are in accordance with applicable laws. The Association, City, and/or City's 22 Contractor shall not do or permit anything to be done when they are present on the Premises that 23 will obstruct or interfere with other uses of the Premises, or use or allow the Premises to be used 24 for any unlawful purposes to the best of their ability nor shall the Association, City, and/or City's 25 Contractor cause, maintain or permit when they are present any r.uisance or waste on or about the 26 Premises. 27 28 IFP:ema[HlJD.Agr] 2 . 97-306 I 2 3 4 5 6 COOPERATION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE CAJON NEIGHBORHOOD ASSOCIATION RELATING TO GRAFFITI ABATEMENT SERVICES AND TO WATER SERVICES OF VACANT PROPERTIES AS OWNED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT This agreement, made and entered into this 15th day of October, 1997 by and between the city of San Bernardino (hereinafter "City"); Department of Housing and Urban Development (hereinafter "HUD"); and individual homeowners in the City of San Bernardino known as the 7 8 9 10 Cajon Neighborhood Association, an unincorporated not-for-profit organization (hereinafter "Association"): WHEREAS, HUD is the owner of certain vacant properties located in the City of San Bernardino, California ("the Premises"); and II 12 13 WHEREAS, HUD, City, and Association ("the Parties") believe that graffiti abatement and watering and lawn cutting are in the vital and best interests ofHUD, the City of San Bernardino and the health, safety and welfare of its residents; and 14 WHEREAS, the Parties wish to voluntarily cooperate to care for the Premises; IS 16 17 18 19 20 21 NOW THEREFORE, in accord with the public purposes and provisions of applicable federal, state and local law and requirements, the Parties agree to the following: SECTION I. PURPOSE OF THE AGREEMENT: The purpose of this Agreement is to commence a project to provide graffiti abatement service, water service and grounds service for no more than eight (8) Premises at any given time, as agreed, located in the City of San Bernardino within the boundaries of the Association. SECTION 2. TERM: 22 23 The term of this Agreement shall commence on October IS, 1997 ("Commencement 24 Date") and end on October 14, 1998 ("Termination Date") unless sooner terminated by the 25 Parties. The Parties may, at any time prior to the Termination Date, agree to expand, modifY or otherwise continue this Agreement past the Termination Date. 26 27 28 SECTION 3. SERVICES: The City agrees to apply for, pay and provide water service to the Premises for the term JFP:ema[HUD.Agr] 97-306 1 SECTION 6. RESPONSIBILITIES OF THE PARTIES: 2 Except for acts that constitute or result from criminal activity and acts that constitute 3 gross or reckless negligence, HUD will assume the risks of liability that arises as a result of 4 services for the properties provided by the parties pursuant to this agreement. 5 SECTION 7. TERMINATION BY ASSOCIATION: 6 The Association agrees to notify HUD and City within ten (10) days ifit is determined 7 that the Association will no longer service the property or participate in the manner mentioned 8 herein. 9 SECTION 8. TERMINATION BY CITY: 10 City agrees to notify HUD and Association within ten (10) days if it is determined that 11 City will no longer pay for and provide water service or participate in the manner mentioned 12 herein. 13 SECTION 9. TERMINATION BY HUD: 14 HUD agrees to notify The Association and City within ten (10) days if it is determined 15 that HUD will no longer participate in the manner mentioned herein. 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF SAN BERNARDINO DEL ROSA NEIGHBORHOOD ACTION GROUP. An unincorporated not-for-profit association ~1'71({{l~ , Torn Minor, Mayor BY (Zta~/./-L~ (1. ~/ BY: U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BY (OJJ-<.J {)~ JFP:ema[HUD.Agr] 3 97-306 of this Agreement or until there is a change of ownership prior to the Termination Date. 2 SECTION 4. VOLUNTARY SERVICES: 3 HUD further agrees to allow the Association, City, and/or City's Contractor to enter the 4 property for the purposes of graffiti abatement, lawn watering, and trash removal services as 5 further described below. 6 A. VOLUNTARV SERVICES BY THE ASSOCIATION. 7 The Association, without expense to HUD, agrees to provide volunteer lawn watering 8 services, including turning on and off of sprinklers for the front and visible back and/or side 9 yards. The Association will also pick up trash in the front and visible back and/or side yards. 10 B. VOLUNTARY SERVICES BY CITY: II City agrees to provide graffiti abatement services for the Premises where graffiti is visible 12 from the street. 13 SECTION 5. USES: 14 The Association, City, and/or City's Contractor shall not do or permit others to when IS they are present on the Premises, nor bring or keep or permit when they are present, to be 16 brought or kept in the Premises, anything (a) which is prohibited by or in conflict with any law, 17 ordinance, or governmental rule or, (b) which is prohibited by the standard form of fire insurance 18 policy. The Association, City, and/or City's Contractor shall not use or store on the Premises any 19 hazardous or toxic substances, with the sole exception of reasonably necessary substances that 20 are kept in reasonably necessary quantities for normal residential operations, provided that their 21 use and storage are in accordance with applicable laws. The Association, City, and/or City's 22 Contractor shall not do or permit anything to be done when they are present on the Premises that 23 will obstruct or interfere with other uses of the Premises, or use or allow the Premises to be used 24 for any unlawful purposes to the best of their ability nor shall the Association, City, and/or City's 25 Contractor cause, maintain or permit when they are present any nuisance or waste on or about the 26 Premises. 27 28 JFP:cma[HUD.Agrl 2 97-306 I SECTION 6. RESPONSIBILITIES OF THE PARTIES: 2 Except for acts that constitute or result from criminal activity and acts that constitute 3 gross or reckless negligence, HUD will assume the risks ofliability that arises as a result of 4 services for the properties provided by the parties pursuant to this agreement. 5 SECTION 7. TERMINATION BY ASSOCIATION: 6 The Association agrees to notify HUD and City within ten (10) days if it is determined 7 that the Association will no longer service the property or participate in the manner mentioned 8 herein. 9 SECTION 8. TERMINATION BY CITY: 10 City agrees to notify HUD and Association within ten (10) days if it is determined that II City will no longer pay for and provide water service or participate in the manner mentioned 12 herein. 13 SECTION 9. TERMINATION BY HUD: 14 HUD agrees to notify The Association and City within ten (10) days if it is determined 15 that HUD will no longer participate in the manner mentioned herein. 16 CAJON NEIGHBORHOOD ASSOCIATION, An unincorporated not-for-profit association ISJ/G:C~:> 3 97-306 2 3 COOPERA T10N AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE NEIGHBORHOOD IMPROVEMENT ASSOCIATION RELATING TO GRAFFITI ABA TEMENT SERVICES AND TO WATER SERVICES OF VACANT PROPERTIES AS OWNED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 4 5 6 This agreement, made and entered into this 15th day of October, 1997 by and between the city of San Bernardino (hereinafter "City"); Department of Housing and Urban Development (hereinafter "HUD"); and individual homeowners in the City of San Bernardino known as the 8 9 10 11 12 13 14 15 16 17 18 19 20 Neighborhood Improvement Association, an unincorporated not-for-profit organization (hereinafter "Association"): WHEREAS, HUD is the owner of certain vacant properties located in the City of San Bernardino, California ("the Premises"); and WHEREAS, HUD, City, and Association ("the Parties") believe that graffiti abatement and watering and lawn cutting are in the vital and best interests of HUD, the City of San Bernardino and the health, safety and welfare of its residents; and WllEkEAS, the Partie, wish [0 voluntarily cooperate to care for the Premises; NOW THEREFORE, in accord with tbe public purposes and !Jrovisions of applicable federal, state and local law and requirements, the Parties agree to the following: SECTION I. PURPOSE OF THE AGREEMENT: The purpose of this Agreement is to commence a project to provide graffiti abatement service, water service and grounds service for no more than eight (8) Premises at any given time, 21 22 as agreed, located in the City of San Bernardino within the boundaries of the Association. SECTION 2. TERM: 23 24 25 26 27 28 The term of this Agreement shall commence on October 15, 1997 ("Commencement Date") and end on October 14,1998 ("Termination Date") unless sooner terminated by the Parties. The Parties may, at any time prior to the Termination Date, agree to expand, modify or otherwise continue this Agreement past the Termination Date. SECTION 3. SERVICES: The City agrees to apply for, pay and provide water service to the Premises for the term JFP:ema[IIUD.Agrj 97-306 I of this Agreement or until there is a change of ownership prior to the Termination Date. 2 SECTION 4. VOLUNTARY SERVICES: 3 HUD further agrees to allow the Association, City, and/or City's Contractor to enter the 4 property for the purposes of graffiti abatement, lawn watering, and trash removal services as 5 further described below. 6 A. VOLUNTARY SERVICES BY THE ASSOCIATION. 7 The Association, without expense to HUD, agrees to provide volunteer lawn watering 8 services, including turning on and off of sprinklers for the front and visible back and/or side 9 yards. The Association will also pick up trash in the front and visible back and/or side yards. 10 B. VOLUNTARY SERVICES BY CITY: II City agrees to provide graffiti abatement services for the Premises where graffiti is visible 12 from the street. 13 SECTION 5. USES: 14 The Associat;.m, City, and/or City's Contractor shall not do or permit others to when 15 they are present on the Premises, nor bring or keep or permit when they are present, to be 16 brought or kept in the Premises, anything (a) which is prohibited by or in conflict with any law, 17 ordinance, or governmental rule or, (b) which is prohibited by the standard form of fire insurance 18 policy. The Association, City, and/or City's Contractor shall not use or store on the Premises any 19 hazardous or toxic substances, with the sole exception of reasonably necessary substances that 20 are kept in reasonably necessary quantities for normal residential operations, provided that their 21 use and storage are in accordance with applicable laws. The Association, City, and/or City's 22 Contractor shall not do or permit anything to be done when they are present on the Premises that 23 will obstruct or interfere with other uses of the Premises, or use or allow the Premises to be used 24 for any unlawful purposes to the best of their ability nor shall the Association, City, and/or City's 25 Contractor cause, maintain or permit when they are present any nuisance or waste on or about the 26 Premises. 27 28 JFP:ema[HUD.Agr] 2 97-306 1 SECTION 6. RESPONSIBILITIES OF THE PARTIES: 2 Except for acts that constitute or result from criminal activity and acts that constitute 3 gross or reckless negligence, HUD will assume the risks of liability that arises as a result of 4 services for the properties provided by the parties pursuant to this agreement. 5 SECTION 7. TERMINATION BY ASSOCIATION: 6 The Association agrees to notify HUD and City within ten (10) days ifit is determined 7 that the Association will no longer service the property or participate in the manner mentioned 8 herein. 9 SECTION 8. TERMINATION BY CITY: 10 City agrees to notify HUD and Association within ten (10) days ifit is determined that 11 City will no longer pay for and provide water service or participate in the manner mentioned 12 herein. 13 SECTION 9. TERMINATION BY HUD: 14 HUD agrees \" notify The Associ8tioll 8nd City within ten (10) days if it is determined 15 that HUD will no longer participate in the manner mentioned herein. 16 17 CITY OF SAN BERNARDINO 18 19 BY.~I }latA- C 20 Tom Minor, Mayor 21 22 u.s. DEPARTMENT OF HOUSING AND 23 URBAN DEVELOPMENT 24 By.~J~ 25 26 27 28 JFP:ema[HUD.Agr] BY. \ / '---""" ~ NEIGHBO)l.H6OD IMJ~RI An unineO'rporated no't-fo / ,/ 3 , 97-306 1 2 3 4 COOPERATION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE ARROWHEAD NEIGHBORHOOD ASSOCIATION RELATING TO GRAFFITI ABATEMENT SERVICES AND TO WATER SERVICES OF VACANT PROPERTIES AS OWNED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 5 6 7 8 9 10 II 12 13 14 15 16 This agreement, made and entered into this 15th day of October, 1997 by and between the city of San Bernardino (hereinafter "City"); Department of Housing and Urban Development (hereinafter "HUD"); and individual homeowners in the City of San Bernardino known as the Arrowhead Neighborhood Association, an unincorporated not-for-profit organization (hereinafter "Association"): WHEREAS, HUD is the owner of certain vacant properties located in the City of San Bernardino, California ("the Premises"); and WHEREAS, HUD, City, and Association ("the Parties") believe that graffiti abatement and watering and lawn cutting are in the vital and best interests of HUD, the City of San Bernardino and the health, safety and welfare of its residents; and WHEREAS, the Parties wish to volulltmily cooperate to care for the Premise::;; NOW THEREFORE, in accord with the public purposes and provisions of applicable federal, state and local law and requirements. the Parties agree to the following: 17 18 19 20 21 22 23 24 25 26 SECTION I. PURPOSE OF THE AGREEMENT: The purpose of this Agreement is to commence a project to provide graffiti abatement service, water service and grounds service for no more than eight (8) Premises at any given time, as agreed, located in the City of San Bernardino within the boundaries of the Association. SECTION 2. TERM: The term of this Agreement shall commence on October 15, 1997 ("Commencement Date") and end on October 14, 1998 ("Termination Date") unless sooner terminated by the Parties. The Parties may, at any time prior to the Termination Date, agree to expand, modify or otherwise continue this Agreement past the Termination Date. SECTION 3. SERVICES: 27 28 The City agrees to apply for, pay and provide water service to the Premises for the term JFP:ema[HUD.Agr] 97-306 1 of this Agreement or until there is a change of ownership prior to the Termination Date. 2 SECTION 4. VOLUNTARY SERVICES: 3 HUD further agrees to allow the Association, City, and/or City's Contractor to enter the 4 property for the purposes of graffiti abatement, lawn watering, and trash removal services as 5 further described below. 6 A. VOLUNTARY SERVICES BV THE ASSOCIATION. 7 The Association, without expense to HUD, agrees to provide volunteer lawn watering 8 services, including turning on and off of sprinklers for the front and visible back and/or side 9 yards. The Association will also pick up trash in the front and visible back and/or side yards. lOB. VOLUNTARY SERVICES BV CITY: 11 City agrees to provide gratliti abatement services for the Premises where graffiti is visible 12 from the street. 13 SECTION 5. USES: 14 The Association, City, and/or City's Contractor shall not do or permit others to when 15 they are present on the Premises, nor bring or keep or permit when they are present, to be 16 brought or kept in the Premises, anything (a) which is prohibited by or in conflict with any law, 17 ordinance, or governmental rule or, (b) which is prohibited by the' standard form of fire insurance 18 policy. The Association, City, and/or City's Contractor shall not use or store on the Premises any 19 hazardous or toxic substances, with the sole exception of reasonably necessary substances that 20 are kept in reasonably necessary quantities for normal residential operations, provided that their 21 use and storage are in accordance with applicable laws. The Association, City, and/or City's 22 Contractor shall not do or permit anything to be done when they are present on the Premises that 23 will obstruct or interfere with other uses of the Premises, or use or allow the Premises to be used 24 for any unlawful purposes to the best of their ability nor shall the Association, City, and/or City's 25 Contractor cause, maintain or permit when they are present any nuisance or waste on or about the 26 Premises. 27 28 JFP:cma[HUD.Agr] 2 97-306 I SECTION 6. RESPONSIBILITIES OF TIlE PARTIES: 2 Except for acts that constitute or result from criminal activity and acts that constitute 3 gross or reckless negligence, HUD will assume the risks of liability that arises as a result of 4 services for the properties provided by the parties pursuant to this agreement. 5 SECTION 7. TERMINATION BY ASSOCIATION: 6 The Association agrees to notify HUD and City within ten (10) days if it is determined 7 that the Association will no longer service the property or participate in the manner mentioned 8 herein. 9 SECTION 8. TERMINATION BY CITY: 10 City agrees to notify HUD and Association within ten (10) days if it is determined that II City will no longer pay for and provide water service or participate in the manner mentioned 12 herein. 13 SECTION 9. TERMINATION BY HUO: 14 HUD agrees to notify The Association ~nd City w;.thin ten (J I)) days ifit is determined IS that HUD will no longer participate in the manner mentioned herein. 16 17 CITY OF SAN BERNARDINO ARROWHEAD NEIGHBORHOOD ASSOCIATION, An unincorporated not-for-profit association 18 19 ~~ BY: /0>>1 .- Tom Minor, Mayor 14~ -, 20 BY: 21 22 U.S. DEPARTMENT OF HOUSING AND 23 URBAN DEVELOPMENT 24 BY Ww~ 25 26 27 28 JFP:ema[HUD.Agr] o ~ 97-306 1 2 3 4 5 6 COOP ERA TION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE PERRIS HILL NEIGHBORHOOD ASSOCIATION RELA TING TO GRAFFITI ABA TEMENT SERVICES AND TO WATER SERVICES OF VACANT PROPERTIES AS OWNED BV THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT This agreement, made and entered into this 15th day of October, 1997 by and between the city of San Bernardino (hereinafter "City"); Department of Housing and Urban Development (hereinafter "HUD"); and individual homeowners in the City of San Bernardino known as the Perris Hill Neighborhood Association, an unincorporated not-for-profit organization (hereinafter "Association"): 9 10 11 12 13 14 WHEREAS, HUD is the owner of certain vacant properties located in the City of San Bernardino, California ("the Premises"); and WHEREAS, HUD, City, and Association ("the Parties") believe that graffiti abatement and watering and lawn cutting are in the vital and best interests of HUD, the City of San Bernardino and the health, safety and welfare of its residents; and WHEREAS, the Parties wish to voluntarily cooperate to care for the Premises; 15 16 17 18 19 20 21 22 NOW THEREFORE, in accord with the public purposes and provisions of applicable federal, state and local law and requirements, the Parties agree to the following: SECTION I. PURPOSE OF THE AGREEMENT: The purpose of this Agreement is to commence a project to provide graffiti abatement service, water service and grounds service for no more than eight (8) Premises at any given time, as agreed, located in the City of San Bernardino within the boundaries of the Association. SECTION 2. TERM: 23 The term of this Agreement shall commence on October 15, 1997 ("Commencement 24 Date") and end on October 14, 1998 ("Termination Date") unless sooner terminated by the 25 26 27 28 Parties. The Parties may, at any time prior to the Termination Date, agree to expand, modify or otherwise continue this Agreement past the Termination Date. SECTION 3. SERVICES: The City agrees to apply for, pay and provide water service to the Premises for the term JFP:ema[HUD.Agr] 1 97-306 1 of this Agreement or until there is a change of ownership prior to the Termination Date. 2 SECTION 4. VOLUNTARY SERVICES: 3 HUD further agrees to allow the Association, City, and/or City's Contractor to enter the 4 property for the purposes of graffiti abatement, lawn watering, and trash removal services as 5 further described below. 6 A. VOLUNTARY SERVICES BY THE ASSOCIATION. 7 The Association, without expense to HUD, agrees to provide volunteer lawn watering 8 services, including turning on and off of sprinklers for the front and visible back and/or side 9 yards. The Association will also pick up trash in the front and visible back and/or side yards. lOB. VOLUNTARY SERVICES BY CITY: 11 City agrees to provide graffiti abatement services for the Premises where graffiti is visible 12 from the street. 13 SECTION 5. USES: 14 The Association, City, and/or City's Contractor shall not do or permit others to when 15 they are present on the Premises, nor bring or keep or permit when they are present, to be 16 brought or kept in the Premises, anything (a) which is prohibited by or in conflict with any law, 17 ordinance, or governmental rule or, (b) which is prohibited by the standard form of fire insurance 18 policy. The Association, City, and/or City's Contractor shall not use or store on the Premises any 19 hazardous or toxic substances, with the sole exception of reasonably necessary substances that 20 are kept in reasonably necessary quantities for normal residential operations, provided that their 21 use and storage are in accordance with applicable laws. The Association, City, and/or City's 22 Contractor shall not do or permit anything to be done when they are present on the Premises that 23 will obstruct or interfere with other uses of the Premises, or use or allow the Premises to be used 24 for any unlawful purposes to the best of their ability nor shall the Association, City, and/or City's 25 Contractor cause, maintain or permit when they are present any nuisance or waste on or about the 26 Premises. 27 28 JFP:ema[HUD.Agr] 2 97-306 SECTION 6. RESPONSIBILITIES OF THE PARTIES: 2 Except for acts that constitute or result from criminal activity and acts that constitute 3 gross or reckless negligence, HUD will assume the risks of liability that arises as a result of 4 services for the properties provided by the parties pursuant to this agreement. 5 SECTION 7. TERMINATION BY ASSOCIATION: 6 The Association agrees to notify HUD and City within ten (10) days ifit is determined 7 that the Association will no longer service the property or participate in the manner mentioned 8 herein. 9 SECTION 8. TERMINATION BY CITY: 10 City agrees to notify HUD and Association within ten (I U) days if it is determined that II City will no longer pay for and provide water service or participate in the manner mentioned 12 herein. 13 SECTION 9. TERMINATION BY HUD: 14 HUD agrees to notify The Association and City within ten (10) days ifit i~ d~termjned 15 that HUD will no longer participate in the manner mentioned herein. 16 17 18 19 20 CITY OF SAN BERNARDINO PERRIS HILL NEIGHBORHOOD ASSOCIA TION, An unincorporated not-far-profit association ~JthC6H-~ I BY: ?4".J ?f~u ( BY: Tom Minor, Mayor 21 22 23 24 25 26 27 28 U.S. DEPARTMENT OF HOUSING ANO URBAN DEVELOPMENT BY~~~ IFP:cma[HUD.Agr] 3