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HomeMy WebLinkAbout1993-148 1 2 RESOLUTION NO. 93-148 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN 4 BERNARDINO RELATING TO THE JOINT USE OF THE MILL COMMUNITY CENTER FOR THE PERIOD OF FIFTEEN (15) YEARS 5 COMMENCING JANUARY 1, 1993 AND ENDING DECEMBER 31, 2008. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The Mayor of the City of San Bernardino is authorized and directed to execute on behalf of said 9 City an agreement with the County of San Bernardino 10 11 12 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 13 14 15 set forth at length. SECTION 2. The authorization to execute the above 16 referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of 17 18 the passage of this resolution. 19 I HEREBY CERTIFY that the foregoing resolution was 20 duly adopted by the Mayor and Common Council of the City 21 of San Bernardino at a reaular meeting thereof, 22 held on the 24th day of Mav 23 1993, by the following vote, to wit: 24 1 1 25 1 1 26 1 1 -1- 27 28 RES 93-148 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN 2 BERNARDINO RELATING TO THE JOINT USE OF MILL COMMUNITY CENTER. 3 4 COUNCIL MEMBERS: 5 ESTRADA AYES -L- 6 REILLY 7 HERNANDEZ 8 MAUDSLEY 9 MINOR 10 POPE-LUDLAM 11 MILLER 12 13 -L- x x x 14 NAYS ABSTAIN AffiENI' x x .a~~ Rach~ Clark,City Clerk The foregoing resolution is hereby approved this 15 ~~*'-' 16 17 18 19 day of May , 1993. 20 Approved as to form and legal content: 21 JAMES F. PENMAN 22 city Attorney 23 /"L, t1/Q J7. 24 B;;/~~ 25 26 27 28 / //7 // W. . 0 city of -2- Res 93-148 1 A G R E E MEN T 2 (Mill community center) 3 THIS AGREEMENT is made and entered into this 4 day of , 1993 by and between the CITY OF SAN 5 BERNARDINO, a municipal corporation, hereinafter referred 6 to as "City" and the COUNTY OF SAN BERNARDINO, a body 7 corporate and politic, a subdivision of the State of 8 california, hereinafter referred to as "county". 9 10 11 NITli~~~~TH: WHEREAS, City and County jointly purchased and jointly own all that real property know as the Mill 12 School Site, situated in the city of San Bernardino, 13 county of San Bernardino, State of California, and 14 described as follows: 15 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, 16 17 for the purpose of developing Mill Community Center and 18 neighbo::hood park and have so developed said property and 19 shall further develop said property for public use; and 20 WHEREAS, City and County are both desirous of 21 providing recreational and community service programs 22 for the benefit of residents of City and county, 23 24 of said property as a community center and neighborhood NOW, THEREFORE, in order to make best possible use 25 park, it is hereby mutually agreed as follows: 26 27 28 -1- RES 93-148 1 1. City shall provide an adequate recreational 2 program staff at the facility and integrate local 3 recreational activities into the overall recreation 4 program of the City. 5 2. ci ty shall maintain all buildings, grounds and 6 installed equipment, subject to conditions as specified 7 herein. City shall respond to written notification from 8 County of conditions needing repair, wi thin 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 of 18 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 City, 25 as hereinafter provided, all electric, gas and water 26 utility costs; electronic building security and 27 28 -2- RES 93-148 1 surveillance costs for such requirements allocated to its 2 area of use by county; and such other services supplied 3 by City as may from time to time be agreed upon in 4 writing by the parties hereto resulting from use of the 5 premises by County or its agents. Such reimbursement 6 shall be computed by multiplying the total costs thereof 7 by a percentage computed on the basis of square footage 8 of building area utilized by County or its agents in 9 relating to the total square footage of those building 10 areas serviced on the property. The amount of square 11 footage so used by County shall be determined within 12 thirty (30) days of the effective date of this agreement 13 and shall be adjusted on a quarterly basis thereafter 14 beginning June 1, 1993. 15 7. County shall promptly reimburse City for all 16 ground maintenance and equipment maintenance cost 17 resultant from use of any portion of said property by 18 County and/or its agents. Such costs shall be based on 19 the actual labor and material costs incurred by City as 20 a result of such maintenance. If total cost exceeds 21 $500.00, city will obtain approval of county prior to 22 work being done. 23 8. City shall prepare and submit to County on a 24 quarterly basis, beginning June 1,1993, a statement of 25 costs chargeable to County pursuant to the provisions of 26 Paragraph 6 and 7 hereof for the preceding term. 27 28 -3- RES 93-148 1 County shall pay to City all sums due within thirty (30) 2 days of receipt of this statement of charges from city. 3 9. The term of this agreement shall be for a period 4 of 15 years commencing January 1, 1993 and ending 5 December 31, 2008. 6 10. No improvements or alterations to said property 7 shall be made without the written approval of City for 8 County sponsored projects and the County for City sponsored projects. 11. City and County agree to indemnify, defend and 9 10 11 save harmless the other party from any and all claims, 12 losses and damages occurring or resulting from any 13 claims, losses and damages occurring or resulting from 14 any negligence or wrongful act or omission of the 15 officers, agents or employees of the party causing the 16 negligence, wrongful act or omission in the performance 17 of this contract, to the extent permitted by law. 18 12. If any legal action is instituted to enforce or 19 declare any party's rights hereunder, each party shall 20 bear its own costs and attorney's fees. 21 13. All notices herein required shall be in writing 22 and delivered in person or sent by certified mail, 23 postage prepaid, addressed as follows: 24 25 26 27 28 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 -4- RES 93-148 1 14. This agreement shall not be assigned by the 2 parties hereto. 3 15. This agreement may be amended or modified only 4 by written agreements signed by both parties and failure 5 on the part of either party to enforce any provision of 6 this agreement shall not be construed as a waiver of the 7 right to compel enforcement of such provision or 8 provisions, nor act to release any surety from its 9 obligations under this agreement. 10 IN WITNESS WHEREOF, the parties hereto have executed 11 this agreement on the date first hereinabove written. 12 ATTEST: f2~~ 13 Rachel Clark, City Clerk 14 15 Approved as to form and legal content: 16 James F. Penman 17 City Attorney 18 19 20 21 22 23 24 25 ATTEST: Clerk of the Board of Supervisors Approved as to form and legal content: Alan Marks County Counsel 26 By 27 MillCommunityCenter-j j 4/22/93 28 C I,T, Y OF SAN B~RN INO 'I /' /1//7' , . ." ."P-" W: R. ol omb, ~ayor Chairman, Board of Supervisors -5- ;, : '1' J';":' .'~I . " t I' l U '~,' .'--''?1 ., "1 v', ",'" ,.. ., ' '. "'''Of ~:i,/,/. . I,' . '''(';i;, 0 a....' 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