HomeMy WebLinkAbout1996-379
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RESOLUTION NO. 96-379
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE FRIENDS OF SAN BERNARDINO
CITY PARKS, INC. AND THE CITY OF SAN BERNARDINO FOR THE OPERATION OF
THE GALAXY GRAND BALLROOM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City, an agreement with the Friends of San
9 Bernardino City Parks, Inc. relating to the operation of the Galaxy Grand Ballroom, a copy of
10 which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as
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though set forth at length.
SECTION 2.
The authorization to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
17 Mayor and Common Council of the City of San Bernardino at a joint regular meeting
day of December
, 1996, by the following vote to wit:
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?t~i?79 .
1 RE: RESO BETWEEN FRIENDS OF SAN BERNARDINO CITY PARKS, INC. AND THE
CITY OF SAN BERNARDINO FOR THE OPERATION OF THE GALAXY GRAND
2 BALLROOM.
3 COUNCIL MEMBERS
4 NEGRETE
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CURLIN
ARIAS
OBERHELMAN
9 DEVLIN
10 ANDERSON
11 MILLER
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December
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~
I Clark, City Clerk
The foregoing resolution is hereby approved this -"Z.!L day of
, 1996.
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Tom Minor, Mayor '
City of San Bernardino
Approved as to form
21 and legal content:
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JAMES F. PENMAN
23 City Attorney
24 By: ~? k~
25 (J
26 rec. friends. gal.
JAK:u
27 11/18/96
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370
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AGREEMENT
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THIS AGREEMENT is made and entered this /3 i.!l. day of
, 199/ by and between the City of San Bernardino, hereinafter referred to as
:;lJ!4i/J. i-r
v
the "City", and the Friends of San Bernardino
City Parks, Inc., hereinafter referred to as
"Friends":
WIT N E SSE T H:
WHEREAS, the parties hereto desire to preserve the Norton Air Force Base
Galaxy Grand Ballroom and kitchen for the use and enjoyment of the residents of the City of
San Bernardino and surrounding areas, and
WHEREAS, it is anticipated that with a cooperative effort the Galaxy Grand
Ballroom and kitchen can function and continue to serve as a location for many outstanding
events without continued public subsidies,
NOW, THEREFORE, the parties hereto agree as follows:
1.
ODeration. The Galaxy Grand Ballroom and kitchen will be operated by
Friends which will be responsible through City Parks, Recreation and Community Services
Department for all day-to-day operations, including, but not limited to, promotions, booking,
scheduling, security, etc. In order to operate the Galaxy Grand Ballroom and kitchen at the
highest level, Parks, Recreation and Community Services Department shall be responsible for
all such operations in a manner similar to its other facilities.
2. Repairs. Repairs will be accomplished in the manner identified in the
concession agreement with the County of San Bernardino for the Galaxy Center and kitchen and
adopted by the City through Resolution No. 96-25.
galaxyBlrm-u
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3. Income. Friends will be entitled to receive all income from all rentals of the
Galaxy Grand Ballroom and kitchen and will pay all utilities and wages of all City personnel
required for direct operations of said rentals. Any surplus of such income over and above the
utilities and wages above described shall belong to the Friends for furnishings and improvements
of the ballroom and for the specific purposes of the Friends as stated in their Articles of
Incorporation except that the Friends agrees to pay five percent (5 %) of said surplus income to
the City to cover administration costs incurred by the Parks, Recreation and Community Services
Department.
4. Utilities. All utilities costs incurred by the use of the Grand Ballroom and
kitchen will be paid in full by the Friends as prescribed in the Concession Agreement
(Resolution No. 96-25).
5. Custodial Maintenance. Friends will be responsible for all custodial
maintenance of the Grand Ballroom and kitchen as prescribed in the Concession Agreement
(Resolution No. 96-25) and will coordinate such maintenance through the Parks, Recreation and
Community Service Department.
6. Insurance. City shall maintain adequate property and liability msurance
coverage on the facility.
7. Indemnification. The parties to this Agreement and each of them agree to
defend, indemnify, save and hold harmless, the officers, agents and employees of the other
parties from any claim or suits that may be brought by third persons on account of personal
GalaxyBlrm-u
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injury, death, or damage to property, or a property or business or personal interest, arising from
any negligent act or omission by said party while performing services under this Agreement.
8. Term. The term of this Agreement shall be one (1) year from the date hereof,
and shall automatically renew on a year to year basis unless notice is given by either party 30
days prior to termination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
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City of San Bernardino
FRIENDS OF SAN BERNARDINO CITY PARKS,
INC.
BY: 7~ J
Tom Sensintaffar, Pre
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