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Home My WebLink About1993-147 1 2 RESOLUTION NO. 93-147 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING 4 THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE JOINT USE OF THE MILL 5 COMMUNITY CENTER FOR THE PERIOD BEGINNING JANUARY 1, 1992 AND ENDING DECEMBER 31, 1992 AND REPEALING RESOLUTION 91- 6 480. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. The Mayor of the City of San Bernardino is authorized and directed to execute on behalf of said 10 City an agreement with the County of San Bernardino 11 12 13 relating to the joint use of the Mill Community Center, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though 14 set forth at length. 15 SECTION 2. 16 17 18 19 20 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. SECTION 3. Resolution 91-480 is hereby repealed. I HEREBY CERTIFY that the foregoing resolution was 21 duly adopted by the Mayor and Common Council of the City 22 of San Bernardino at a requ1ar meeting thereof, 23 held on the day of 24th May , 1993, 24 by the following vote, to wit: 25 / / 26 / / 27 28 -1- RES 93-147 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 EXECTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE JOINT USE OF THE MILL 3 COMMUNITY CENTER FOR THE PERIOD BEGINNING, JANUARY 1, 1992 AND ENDING DECEMBER 31, 1992 AND REPEALING 4 RESOLUTION NO. 91-480. 5 COUNCIL MEMBERS: AYES NAYS ABSTAIN AffiENI' 6 ESTRADA X 7 REILLY X 8 HERNANDEZ X 9 MAUDSLEY X 10 MINOR X 11 POPE-LUDLAM X 12 MILLER X 13 14 a~~ Rachel Iba~, city Clerk 15 Clark The foregoing resolution is hereby approved /_7 16 ':U"*,- day of Mav , 1993. ,7 17 18 19 Approved as to 20 form and legal content: 21 James F. Penman 22 cit~~~rnew 23 BY'~ 1hA.) 24 25 26 27 28 -2- I RES 93-147 Res. 93-147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 A G R E E MEN T (Mill Community center) THIS AGREEMENT is made and entered into this , 1993, by and between the City OF SAN day of BERNARDINO, a municipal corporation, hereinafter referred to as "City", and the COUNTY OF SAN BERBARDINO, a body corporate and politic, a subdivision of the State of california, hereinafter referred to as "County". NIT li ~ ~ ~ ~ T H: WHEREAS, City and County jointly purchased and jointly own all that real property known as the Mill School Site, situated in the City of San Bernardino, County of San Bernardino, State of california, and described as follows: East 1/2 and the north 424' of the west 1/2 of Lot 9, Block 55 of the twenty acre survey of Rancho San Bernardino, as per plat recorded in Book 7 of Maps, page 2, records of said County, for the purpose of developing Mill Community Center and 19 neighborhood park and have so developed said property and 20 21 shall further develop said property for public use; and WHEREAS, city and county are both desirous of 22 providing recreational and community service programs for 23 24 the benefit of residents of City and County, NOW, THEREFORE, in order to make best possible use 25 of said property as a community center and neighborhood 26 park, it is hereby mutually agreed as follows: 27 -1- 28 RES 93-147 1 2 3 4 5 6 1. City shall provide an adequate recreational program staff at the facility and integrate local recreational activities into the overall recreation program of the City. 2. ci ty shall maintain all buildings, grounds and installed equipment, subject to conditions as specified 7 herein. city shall respond to written notification from 8 County of conditions needing repair, within a reasonable 9 amount of time unless it is a health or safety hazard for 10 staff, children or parents. In this instance, response 11 shall be made immediately. 12 3. City shall control the use of all the buildings 13 and other facilities at said property as provided in the 14 City Municipal Code 12.80. 15 4. All electric, gas and water utilities shall be 16 listed in the name of the city. 17 5. County and/or its agents shall have the right 18 of first use of all areas marked in red on Exhibit "1", 19 attached hereto and incorporated herein by reference as 20 though set forth in full and at length. County hereby 21 expressly warrants and represents to city that the only 22 use that will be made of the aforesaid premises will be 23 for governmental or public purposes. 24 6. county shall promptly reimburse and pay to 25 City, as hereinafter provided, all electric, gas and 26 water utility costs; electronic building security and 27 -2- 28 RES 93-147 1 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 surveillance costs for such requirements allocated to its area of use by County; and such other services supplied by city as may from time to time be agreed upon in writing by the parties hereto resulting from use of premises by County or its agents. Such reimbursement shall be computed on the basis of square footage of building area utilized by county or its agents in relating to the total square of those building areas serviced on the property. The amount of square footage so used by County shall be determined within thirty (30) days of the effective date of this agreement. 7. County shall promptly reimburse City for all ground maintenance and equipment maintenance cost resultant from use of any portion of said property by County and/or its agents. Such costs shall be based on the actual labor and material costs incurred by City as a result of such maintenance. If total cost exceeds $500.00, City will obtain approval of County prior to work being done. 8. The term of this agreement shall be for a period of 1 year commencing January 1, 1992 and ending December 31, 1992. 9. No improvements or alterations to said property shall be made without the written approval of city for county sponsored projects and the County for City sponsored projects. -3- RES 93-147 1 10. City and county agree to indemnify, defend and 2 save harmless the other party from any and all claims, 3 losses and damages occurring or resulting from any 4 negligence or wrongful act or omission of the officers, 5 agents or employees of the party causing the negligence, 6 wrongful act or omission in the performance of this 7 contract, to the extent permitted by law. 8 11. If any legal action is instituted to enforce or 9 declare any party's rights hereunder, each party shall 10 bear its own costs and attorney's fees. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: Director of Parks, Recreation & community Services Dept. City of San Bernardino 547 N. Sierra Way San Bernardino, Ca 92410 Facilities Management Dept. county of San Bernardino 200 S. Lena Road San Bernardino, Ca 92415 13. This agreement shall not be assigned by the parties hereto. 14. This agreement may be amended or modified only by written agreements signed by both parties and failure on the part of either party to enforce any provision of this agreement shall not be construed as a waiver of the right to compel enforcement of such provision or provisions, nor act to release any surety from its obligations under this agreement. -4- RES 93-147 1 2 3 ,IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first hereinabove written. . C',7,I, TY OF S~/RN~DINO/// ,~/:/>'i/j ,/ /~/ ,/'/ / / // /-v' W.R. HolQornb, Mayor city of San Bernardino COUNTY OF SAN BERNARDINO 4 ATTEST: 5 .a~ ~ 6 City~Clerk 7 8 9 Approved as to form and legal content: 10 11 James F. Penman City Attorney 12 13 14 BY,~/MAA/A~.tv 157~ 16 ATTEST: 17 18 19 Clerk of the Board of supervisors 20 21 22 Approved as to form and legal content: 23 Alan Marks 24 County Counsel 25 26 By 27 28 MillCommunityCenter-jj 4/22/93 Chairman, Board of Supervisors -5- M.;/9~-147 ~. .: " t. . .' -a.: .-:;,U , ..,I ' ''"'''r.''77I ;.. t . /41"" .'~,1 , ,~' J . / l U ;..' ,'~'?l '" "1 ., J , . (~';L,~J,';~'/ . .V..I:'~~~J 0 ~;'1fr/,' , : I~. /", to , : :':;. /. <> ~~;g"":' ~.. 0~.:: i I ..,' -. 1.1::' :, " './ /II i ); 0 t:~~'.-;J ,.r.>;" ; ':' : ;:~ "j.:' ~:.~:/ ~~/:'.t ~ ;)'" ';~'4;~ I~/ ,..It . .r" ;.f.t.!...... .~:lI: .' ~~6;~!r_....;..;.:.-.. Ii t'~ . ,,".i : / . ":. 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