HomeMy WebLinkAbout1993-312
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RESOLUTION NO. 93-312
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 93-
6 147.
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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 authorized and directed to execute on behalf of said
City an agreement with the County of San Bernardino
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
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referenced agreement is rescinded if the parties to the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.
SECTION 3. Resolution 93-147 is hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City
of San Bernardino at a
reaular
meeting thereof,
held on the
day of
Auonst:
, 1993,
16th
by the following vote, to wit:
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93-312
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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. 93-147.
5 COUNCIL MEMBERS:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 VACANT
11 POPE-LUDLAM
12 MILLER
13
AYES
NAYS
ABSTAIN
AIEENI'
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Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
16 \~\-"- day of AUQust , 1993.
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I
~j1AAMrL
TOM MINOR, Mayor
city of San Bernardino
20 Approved as to
form and legal content:
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James F. Penman
22 City Attorney
23 By:
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93-312
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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".
10 ~ I T N E ~ ~ E T H:
11 WHEREAS, City and County jointly purchased and
12 jointly own all that real property known as the Mill
13 school Site, situated in the City of San Bernardino,
14 County of San Bernardino, State of california, and
15 described as follows:
16 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
17 Bernardino, as per plat recorded in Book 7 of Maps,
page 2, records of said County,
10-18-93 2:25 p.m. Res: 93-312 .ty Center and
Conversation with Tom B"99S' ld property and
Parks & Recreation, County of
San Bernardino indicated not ublic use; and
necessary to sign this agreement.
Will go with Resolution No. 93- sirous of
313.
Josie
~e programs for
ty,
possible use
neighborhood
lows:
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93-312 ~
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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. City shall maintain all buildings, grounds and
installed equipment, subject to conditions as specified
herein. City shall respond to written notification from
County of conditions needing repair, within a reasonable
amount of time unless it is a health or safety hazard for
staff, children or parents. In this instance, response
shall be made immediately.
3. city shall control the use of all the buildings
and other facilities at said property as provided in the
City Municipal Code 12.80.
4. All electric, gas and water utilities shall be
listed in the name of the City.
5. county and/or its agents shall have the right
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of first use of all areas marked in red on Exhibit "I",
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attached hereto and incorporated herein by reference as
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though set forth in full and at length. County hereby
expressly warrants and represents to city that the only
use that will be made of the aforesaid premises will be
for governmental or public purposes.
6. County shall promptly reimburse and pay to
City, as hereinafter provided, all electric, gas and
water utility costs; electronic building security and
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13-312
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 footage 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.
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93-312
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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.
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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
Real Estate Services Dept.
County of San Bernardino
825 E. Third Street
San Bernardino, Ca 92415-
0832
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13. This agreement shall not be assigned by the
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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.
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93-312
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IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the date first hereinabove written.
4 ATTEST:
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6 City'<::lerk
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9 Approved as to form and
legal content:
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James F. Penman
12 City Attorney
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By
ATTEST:
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19 Clerk of the Board of
Supervisors
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Alan Marks
County Counsel
By
MillCommunityCenter-jj
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CITY OF SAN BERNARDINO
~;;~~
"rOM M OR, Mayor
City of San Bernardino
COUNTY OF SAN BERNARDINO
Chairman, Board of supervisors
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