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Home My WebLink About1991-480 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 RESOLUTION NO. 91-480 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. 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 j oint 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 The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 2nd to wit: II II II II II II II II 10/29/91 day of December I 1991, by the following vote, -1- 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 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO 2 RELATING TO THE JOINT USE OF THE MILL COMMUNITY CENTER. COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA X REILLY X HERNANDEZ X - MAUDSLEY X MINOR X POPE-LUDLAM X - MILLER X - The 7(LlU }wJL /(i {J.0n1'-L ~ Rachel Krasney,VCi y Clerk /"J (Ln uYA iU 7r1.t! ru.-nOiJ {JeJOlAii-+--. foregoing resolution is hereby approved this 5th- 11 . day of December , 1991. / Approved as to form and legal content: JAMES F. PENMAN City A torney By: 7 {;~, 10/29/91 -2- 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 Res. 91-480 ,..- /"1 r' , \ '\ ,: ~, .1- ) " '-- A G R E E MEN T (Mill community Center) THIS AGREEMENT is made and entered into this day of 1991, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "city", and the COUNTY OF SAN BERNARDINO, a body corporate and politic, a subdivision of the State of California, hereinafter referred to as "County". N 1. T H ,g .s. .s. ,g 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 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: 1. City shall provide an adequate recreational program staff at the facility and integrate local recreational 10/29/91 -1- 1 activities into the overall recreation program of the city. 2 2. city shall maintain all buildings, grounds and 3 installed equipment, subject to conditions as specified herein. 4 3. City shall control the use of all the buildings and 5 other facilities at said property as provided in the City 6 Municipal Code 12.50. 7 4. All electric, gas and water utilities shall be listed 8 in the name of the city. 9 5. County and/or its agents shall have the right of first 10 use of all areas marked in red on Exhibit "I", attached hereto 11 and incorporated herein by reference as though set forth in full 12 and at length. County hereby expressly warrants and represents 13 to City that the only use that will be made of the aforesaid 14 premises will be for governmental or public purposes. 15 6. County shall promptly reimburse and pay to City, as 16 hereinafter provided, all electric, gas and water utility costs; 17 electronic building security and surveillance costs for such 18 requirements allocated to its area of use by county; and such 19 other services supplied by City as may from time to time be 20 agreed upon in writing by the parties hereto resulting from use 21 of the premises by county or its agents. Such reimbursement 22 shall be computed by multiplying the total costs thereof by a 23 percentage computed on the basis of square footage of building 24 area utilized by County or its agents in relating to the total 25 square footage of those building areas serviced on the property. 26 The amount of square footage so used by County shall be 27 determined within thirty (30) days of the effective date of this 28 agreement and shall be adjusted on a quarterly basis thereafter 10/29/91 -2- 1 beginning January 1, 1992. 2 7. County shall promptly reimburse City for all ground 3 maintenance and equipment maintenance cost resultant from use of 4 any portion of said property by County and/or its agents. Such 5 costs shall be based on the actual labor and material costs 6 incurred by city as a result of such use. 7 8. city shall prepare and submit to County on a quarterly 8 basis, beginning April 1, 1992, a statement of costs chargeable 9 to County pursuant to the provisions of Paragraph 6 and 7 hereof 10 for the preceding three month period. County shall pay to City 11 all sums due within thirty (30) days of receipt of this 12 statement of charges from city. 13 9. The term of this agreement shall be for a period of 14 fifteen (15) years commencing January 1, 1992 and ending January 15 1, 2007. 16 10. No improvements or alterations to said property shall 17 be made without the written approval of City for County 18 sponsored projects and the County for city sponsored projects. 19 11. city and County agree to indemnify, defend and save 20 harmless the other party from any and all claims, losses and 21 damages occurring or resulting from any negligence or wrongful 22 act or omission of the officers, agents or employees of the 23 party causing the negligence, wrongful act or omission in the 24 performance of this contract, to the extent permitted by law. 25 12. All notices herein required shall be in writing and 26 delivered in person or sent by certified mail, postage prepaid, 27 addressed as follows: 28 10/29/91 -3- 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 Director of Parks, Recreation & Community services Dept. City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first hereinabove written. ATTEST: C~~k~ Approved as to form and legal content: James F. Penman City Attorney By A.~ ?~ ~T: Clerk of the Board of Supervisors Approved as to form and legal content: Alan Marks County Counsel By 10/29/91 -4- Chairman, Board of Supervisors .........-.;.. '. .J'. o! " . -t ....-. , ~I' PI''' ..._ .,. . . 'ItE. . I . . '"'771 .~ .,__. 'J>.. ..,. . . " .,' : ~"'. Of...\ t.:t........:~'- ...... .:.. '1/ . J'. / · . I' _,-. U ','~ '." 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