HomeMy WebLinkAbout1996-325
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96-325
RESOLUTION NO,
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT AND THE CITY OF SAN BERNARDINO PARKS,
RECREATION AND COMMUNITY SERVICES DEPARTMENT
BE IT RESOLVED BY TIIE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1, The Mayor is hereby authorized and directed to approve a Memorandum
of Understanding between the City of San Bernardino Municipal Water Department and the City
of San Bernardino Parks, Recreation and Community Services Department attached hereto as
Exhibit" A."
SECTION 2, The authorization to execute the above-referenced Memorandum of
Understanding is rescinded if the parties to the Memorandum of Understanding fail to execute it
within sixty (60) days of the passage of this Resolution,
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SRNjs [MOll.Res] 1
1 RESOLUTION,..APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT AND THE CITY
2 OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
3
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
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6
21st day of October , 1996 by the following vote, to wit:
Council Members:
7
NEGRETE
8
9
CURLIN
ARIAS
OBERHELMAN
10
11
DEVLIN
12
ANDERSON
13
MILLER
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The foregoing resolution is hereby approved this.13~ay of October
,1996,
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~ '~~/. "-
1[;:>>11 #w~
T6m Minor, Mayor
City of San Bernardino
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Approved as to form
and legal content:
23
JAMES F. PENMAN
24 City Attorney
25
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v'vv>-'-
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By
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SRAljs [MOURes]
2
I~- - 'II
1
MEMORANDUM OF UNDERSTANDING
2
3 THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
5th
day of November
1996 between the CITY OF SAN
4
5 BERNARDINO MUNICIPAL WATER DEPARTMENT, by and through the BOARD OF
6 WATER COMMISSIONERS, hereinafter called "DEPARTMENT", and the CITY
7 OF SAN BERNARDINO PARKS, RECREATION & COMMUNITY SERVICES
8 DEPARTMENT, hereinafter called "CITY."
9 WIT N E SSE T H
10 WHEREAS, Department is the owner of the property located at
11 6th and Pedley Street, San Bernardino, California; and
12 WHEREAS, City desires to utilize a portion of the property
13 hereinabove mentioned to develop and operate a community Gardens
14 proj ect, hereinafter called "proj ect. "
15 NOW THEREFORE, the parties hereto, in consideration of the
16 terms, covenants and conditions herein contained, agree as follows:
17
1.
PROPERTY: Department hereby agrees that the City may use
18 the property adjacent to the easterly boundary of the property
19 currently leased to Santa Claus, Incorporated, and extending east
20 150' to a depth of 325', being a portion of Lots 4 and 5, Block 4,
21 Rancho San Bernardino, as per plat thereof recorded in Book 7 of
22 Maps, Page 2, Records of the County Recorder of San Bernardino
23 County, described as follows:
24 Beginning at the Southwest corner of the East ten
acres of Lot 5; thence Easterly, parallel to the
25 Southerly line of said Lot 5, 656.56 feet to the
true point of beginning; thence continuing Easterly
26 along said southerly line of Lot 5, 271.58 feet;
thence, leaving said southerly line of Lot 5 at
27 right angles, northerly to a line that is 877.74
feet Northerly and parallel to said Southerly line;
28 thence Westerly, parallel to said Southerly line,
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70.00 feet; thence Northerly perpendicular to said
Southerly line 100.00 feet to a point on a line
parallel to and 977.74 feet Northerly of said
Southerly line; thence westerly, parallel to said
Southerly line, 475.84 feet; thence Southerly,
perpendicular to said Southerly line, 649.58 feet;
thence Easterly, parallel to said Southerly line,
13 0.07 feet; thence southerly, perpendicular to
said Southerly line, 4.48 feet; thence Easterly,
parallel to said Southerly line, 144.19 feet;
thence Southerly, perpendicular to said Southerly
line, 323.68 feet, more or less to the true point
of beginning. Area of said parcel is 10.04 acres.
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2.
RIGHT TO USE:
Department makes no representation or
9 warranties of any kind or nature as to the size, location, or time
10 of construction of any of the structures (other than the Premises)
11 shown on Exhibit A. Department hereby reserves the right at any
12 time, and from time to time, to make alterations or additions to
13 the Premises, to build additional facilities or structures on the
14 subject property, and to install, maintain, use, repair and
15 replace, pipes, ducts, conduits and wires, leading through, under
16 or over the Premises.
Department reserves the right to place
17 additional wells on the subject property if the Department deems it
18 as necessary.
19
3.
CARE OF PREMISES:
city shall not perform any acts or
20 carryon any practices which may damage or contaminate the Premises
21 or be a nuisance or menace to others, and shall keep the Premises
22 under its control, free and clean from rubbish at all times, and
23 shall remove all trash and garbage within the Premises and arrange
24 for the regular pick-up and cartage of such trash and garbage at
25 City's expense.
26
4.
~: The term of this Memorandum of Understanding shall
27 be for a period of twenty-five (25) years, beginning October 1,
28 1996 and ending September 30, 2021.
2
1 5. BASE RENTAL: City agrees to pay Department the annual
2 rental payment in the amount of $1.00, with the total term payment
3 payable in advance.
4 6. PURPOSE: city agrees that the property will be used for
5 the purpose of developing and operating Project.
6 7. PROPERTY MAINTENANCE: City agrees to erect and maintain
7 a suitable fence to be approved by Department, on the east and
8 north sides of the subject property. Department agrees to install
9 and maintain a 3" water meter service at no cost to the City. city
10 agrees to install and maintain a 3" double check backflow device at
11 no cost to the Department. All other site preparations and
12 improvements will be approved by the Department, and all such
13 improvements are at the sole expense of the city. Any and all
14 grading, earthwork and other requirements shall be set by the City
15 of San Bernardino and completed by city at city's sole expense.
16 City will maintain and operate all facilities on the property
17 during the term of the Memorandum of Understanding.
18 8. SUBLETTING: The rights of the City hereunder may not be
19 assigned or sublet to any other person, firm or corporation, except
20 for the express purpose of its intended use.
21 9. LIABILITY & INSURANCE: City shall hold Department
22 harmless from any liability and city shall name Department as an
23 additional insured in all of its liability policies. The minimum
24 liability insurance coverage of $500,000 combined single limits and
25 ten days notice of cancellation are required. Certificates of all
26 such insurance shall be filed with the Department. The Department
27 understands and accepts that the City is self-insured.
28 / / / / /
3
1
10. OPTION TO RENEW:
City is hereby granted an option to
2 renew this Memorandum of Understanding for an additional period of
3 twenty-five (25) years from and after the expiration of the
4 original terms of the same rental and upon the same terms and
5 conditions as herein contained. written notice of city's intention
6 to renew this Memorandum of Understanding shall be given to
7 Department at least thirty (30) days prior to expiration of this
8 Memorandum of Understanding.
9 IN WITNESS WHEREOF, the parties hereto have executed this
10 Memorandum of Understanding on the day and year first hereinabove
11 mentioned.
12 CITY OF SAN BERNARDINO
BOARD OF WATER COMMISSIONERS
CITY OF SAN BERNARDINO
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14
Harold W. Wllll.s
President
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By: tfJ11(l Ut,/tw\.,
Tom Mlnc/i:"
Mayor
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18 By: '1?~ax~. 1!::~
19 Secretary
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22 (SEAL)
(SEAL)
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PROPERTY
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ell'( Of SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
.
PROPERTY LOCATION PLAT
FOR THE COMMUNITY GARDENS
MEMORANDUM OF UNDERSTANDING
6TH STREET AND PEDLEY STREET
file Loca.tlof"ll HOTDOG
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EXHIBIT A