HomeMy WebLinkAbout1993-313
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RESOLUTION NO. 93-313
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO RELATING TO THE JOINT USE OF THE MILL
COMMUNITY CENTER FOR THE PERIOD OF FIFTEEN (15) YEARS
COMMENCING JANUARY I, 1993 AND ENDING DECEMBER 31, 2008,
AND REPEALING RESOLUTION 93-148.
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referenced agreement is rescinded if the parties to the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Resolution 93-148 is hereby repealed.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
16th
Auqust
1993, by the following vote, to wit:
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/ /
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93-313
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO RELATING TO THE JOINT USE OF MILL COMMUNITY
3 CENTER.
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COUNCIL MEMBERS:
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NEGRETE
6
CURLIN
7
HERNANDEZ
8
OBERHELMAN
9
VACANT
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POPE-LUDLAM
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MILLER
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AYES
NAYS
ABSTAIN
ABSENI'
x
....2L
x
x
x
x
a~~
Racflel Clark,City Clerk
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15 The foregoing resolution is hereby approved this
\~~
day of
AUQust
, 1993.
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--Jfim /1i~,,-
TOM MINOR, Mayor
city of San Bernardino
21 Approved as to
form and legal content:
22
JAMES F. PENMAN
23 City Attorney
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-2-
Res 93-313
1 ,93-313
A G R E E MEN T
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(Mill Community center)
THIS AGREEMENT is made and entered into this
)/sz;
4 day of 5ellif'M.h,V' , 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 NXTHE~~ETH:
10 WHEREAS, city and County jointly purchased and
11 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:
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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
neighborhood park and have so developed said property and
shall further develop said property for public use; and
WHEREAS, City and County are both desirous of
providing recreational and community service programs
for the benefit of residents of City and County,
NOW, THEREFORE, in order to make best possible use
of said property as a community center and neighborhood
park, it is hereby mutually agreed as follows:
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')y3\.3
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. City 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. ci ty 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 "I",
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
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II
93-313
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 OCTOBER 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 OCTOBER 1,1993, a statement of
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costs chargeable to County pursuant to the provisions of
Paragraph 6 and 7 hereof for the preceding term.
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93-313
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County shall pay to city all sums due within thirty (30)
days of receipt of this statement of charges from city.
9. The term of this agreement shall be for a period
of 15 years commencing January 1, 1993 and ending
December 31, 2008.
10. 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.
11.
City and county agree to indemnify, defend and
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save harmless the other party from any and all claims,
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losses and damages occurring or resulting from any
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claims, losses and damages occurring or resulting from
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any negligence or wrongful act or omission of the
officers, agents or employees of the party causing the
negligence, wrongful act or omission in the performance
of this contract, to the extent permitted by law.
12. If any legal action is instituted to enforce or
declare any party's rights hereunder, each party shall
bear its own costs and attorney's fees.
13. All notices herein required shall be in writing
and delivered in person or sent by certified mail,
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postage prepaid, addressed as follows:
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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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93-313
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:
13 J2~ ~
Rach~ Clark, city Clerk
14
15 Approved as to form and
legal content:
CITY OF SAN BERNARDINO
~};J&~
M MINOR, Mayor
James F. Penman
17 cit Attorney
7~
Ch rman, Board
pervisors
SEP 21 1993
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21 cJf~rK; <lj . .''tltlif'ao ,d f
22 ::~:r:}~t1t:A[jand
~: legal~~::~~;;7
Alan Marks
25 Count
26 By
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9-r- '1'.3
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, 93-313
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