HomeMy WebLinkAbout32-Parks & Recreation
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lemuel P. Randolph, Director
Subject: RESOLUTION OF THE MAYOR AND
COMMON COUNCIL AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND THE
COUNTY OF SAN BERNARDINO PROBATION
DEPARTMENT FOR SHARED USE OF THE
RECREATION FACILITIES AT THE FORMER
NORTON AIR FORCE BASE FOR THE
PERIOD OF JULY 1,2006 THROUGH JUNE 30,
2007 AND RATIFYING ALL ACTION TAKEN
BETWEEN JULY I, 2006 AND THE
APPROVAL OF THE RESOLUTION.
MICC Meeting Date: NOVEMBER 6, 2006
Dept: Parks, Recreation & Community
Services Department
Date: OCTOBER 27, 2006
Synopsis of Previous Council Action:
June 6, 2004 - Resolution # 2004-148, Approved.
May 16,2005 - Resolution # 2005-119, Approved.
June 5, 2006 - Resolution # 2006-167, Approved, Not execuled by County.
Recommended Motion:
Adopt Resolution
Contact person:
Lemuel Randolph
Phone: 384-5030
Supporting data attached: Staff Ronnrt Roon I!. Agroomont Ward:
FUNDING REQUIREMENTS:
Amount: NIA
Source: (Acct. No.)
(Acct. Description)
Council Notes:
Finance:
Rosc::J c:200fo - 3cf'5
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council authorizing the execution of an agreement
between the City of San Bernardino and the County of San Bernardino Probation Department for
shared use of the recreation facilities at the former Norton Air Force Base for the period of
July I, 2006 through June 30, 2007 and ratifying all action taken between July 1, 2006 and the
approval of the resolution.
Background:
The Mayor and Common Council approved an agreement on June 5, 2006 (Resolution # 2006-
167) with the County of San Bernardino Probation Department for shared use of the recreation
facilities at the former Norton Air Force Base through the current fiscal year. The County of San
Bernardino was unable to execute this previous agreement by the required date of October 3,
2006. Staff changes within the County's Probation Department and missed input from their Real
Estate Division necessitated re-opening the negotiations.
The County was not able to agree with the City initially on three points: 1) areas of responsibility
for routine maintenance repairs, 2) level of commitment by the County for custodial obligations,
and 3) responsibility for refuse disposal costs. Both parties now agree to continue with the same
terms of the previous fiscal year agreement, Resolution 2004-148, approved by the Mayor and
Common Council on June 6, 2004. Because the parties were not able to agree on the terms of an
agreement, the action taken must be ratified from July 1, 2006 to the date of the approval of the
Resolution.
The County's use includes the property in and around the Galaxy Building at 1494 E. Art
Townsend Drive and the Norton Recreation Center at 1554 E. Art Townsend Drive. The Galaxy
Building is a two-story, 19,721 square-foot building. The ballroom, consisting of a stage, a
3,500 square-foot floor and an overall capacity of 280, is reserved for City use only. Other
features of the building include offices, three classrooms, a kitchen and conference room. The
Norton Recreation Center totals 21,300 square feet, of which the gymnasium, lobby, restrooms,
and foyer area will be used by County Probation, Monday through Friday from 11 :00 a.m. to
12:00 p.m. and 1:00 p.m. to 2:00 p.m., excluding City holidays. The agreement will be
retroactive to July I, 2006 and expire June 30, 2007.
Financial Impact:
None.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE COUNTY OF SAN BERt'\'ARDINO PROBATION
DEPARTMENT FOR SHARED USE OF THE RECREATION FACILITIES AT THE
FORMER NORTON AIR FORCE BASE FOR THE PERIOD OF JULY I, 2006
THROL'GH JUNE 30, 2007 AND RATIFYING ALL ACTION TAKEN BETWEEN
JUL Y 1, 2006 AND THE APPROVAL OF THE RESOLUTION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BER:"IARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino or his designee is hereby
authorized to execute an agreement with the County of San Bernardino for use of the Norton
Air Force Base Recreation Facilities. 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 term of this agreement is July 1, 2006 through June 30, 2007;
therefore, any action taken between July I, 2006 and the date that this Resolution is executed is
hereby ratified.
SECTION 3. The authorization granted hereunder shall expire and be void and of no
further effect if the agreement is not executed by both parties and returned to the office of the
City Clerk within one hundred twenty (120) days following the effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL Al'THORIZING
THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SA'\'
BERNARDINO AND THE COUNTY OF SA'\' BER."IARDlNO PROBATION
DEPARTMENT FOR SHARED USE OF THE RECREATION FACILITIES AT THE
FORMER NORTON AIR FORCE BASE FOR THE PERIOD OF JULY I, 2006
THROUGH JUNE 30, 2007 AND RATIFYING ALL ACTION TAKEN BETWEEN
JULY 1,2006 AND THE APPROVAL OF THE 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
meeting thereof, held
on the
day of
, 2006. by the following vote, to wit:
9 Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
VACANT
DERRY
KELLEY
JOHNSON
MC CAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2006.
Patrick J, Morris, Mayor
City of San Bernardino
Approved as to Form:
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CONTRACTUAL AGREEMENT
WHEREAS, the City of San Bernardino ("CITY") received title to certain real property from the
United States of America by quit claim deed recorded March 17, 1995: and,
WHEREAS, the CITY and County of San Bernardino ("COUNTY") desire to enter into a
contractual agreement for COUNTY's use of a portion ofthe real property tocated al1494 & 1554 E, Art
Townsend Drive. Buildings 178 & 812, San Bernardino, California ("Premises").
NOW, THEREFORE, the parties agree as follows
1. PREMISES: CITY hereby grants to COUNTY the lease rights, hereinafter specified, to be
exercised within the Premises, consisting of those portions of the buildings, Building No. 178, commonly
referred 10 as the Galaxy Building, including the following: exclusive use of the second fioor, stairs,
emergency exit. ALL three first fioor classrooms, two storage rooms and the windowed office area,
totaling 10,590 square feet; Building No. 182, commonly referred to as the Norton Gym, including the
following: gym, lobby, restrooms, and foyer area, totaling 10,639 square feet. Attached hereto and
incorporated herein as Exhibit A, labeled "Premises" depict the lease areas and the facilities and
equipment therein
2. TERM: The term of this agreement shall be for a period of ONE year, commencing July
1,2006, and end on June 30, 2007.
3. RENT: See Utilities # 12.
4, RETURN OF PREMISES: The COUNTY agrees that it will, upon any
terminalion of this agreement, return the Premises in as good condition and repair as the Premises now
are or shall hereafter be put; reasonable wear and tear excepted.
5. TAXES: CITY shall pay all real property taxes, and general and special assessments
levied and assessed against the Premises.
6. USE: The buildings shall be used by COUNTY and CITY on an exclusive. common or
scheduled basis as descnbed below:
a. The Galaxy Building will be used as follows:
(1) COUNTY shall have the exclusive use .of the Galaxy Building. following
areas:
Second Floor
Storage room
Stairs
Emergency Exit
Storage room
Windowed office area
First Floor Classroom
First Floor Classroom
First Floor Classroom
Total =
7,006 sq. ft.
170 sq. ft
149 sq. ft.
112 sq. ft.
173 sq. ft.
261 sq. ft.
1144 sq ft.
770 sq ft.
805 sq. ft.
10,590 square feet
(2) The CITY will have exclusive rights of the following on the first f1oor-
Kitchen area
First fioor office
First fioor office
The Ballroom
Total square footage =
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408 sq. ft.
143 sq. ft.
137 sq ft.
4,700sq ft.
5.388 square feet
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(3)
COUNTY and CITY will jointly use first fioor common areas consisting of
Entry foyer
Reception area
Outside kitchen area
Hallway area
Restrooms
Total square footage =
740 sq. ft.
1.034 sq. ft.
536 sq. fl.
167 sq. ft
402 sq. fI
2,879 square feet
(4) The CITY will have control of the use of the "Ballroom". COUNTY may
use the "Ballroom" on a scheduled basis. by contacting the CITY first.
CITY usage may include weddings, receptions, business meetings
and/or other uses by third parties. Citizens renting the "Ballroom" will be
responsible to leave it in the condition received and remove all trash from
the property. CITY will limit the scheduling of the Galaxy Building
between the hours of 8:00am to 5:00pm, Monday through Friday for
business uses only.
(5) COUNTY will have exclusive use of the areas outlined in 6a (1) and (3)
for business purposes only; Monday through Friday from 6:00 a.m. -
8:00 p.m. with the exception of COUNTY observed holidays.
b. Gymnasium - 10,639 total square feet to be utilized as follows:
(1)
COUNTY will have rights to the gymnasium (9072 sq. ft.; lobby area -
848 sq. ft.; foyer area - 293 sq. ft.; and men's/woman's restrooms - 426
sq. ft.) thus totaling 10,639 square feet. COUNTY will have usage of
these facilities Monday through Friday from 11:00 a.m. to 12:00 p.m. and
1 :OOp.m. to 2:00p.m., with the exception of CITY observed holidays.
CITY will have exclusive rights of these facilities at all other times.
7. HEALTH. SAFETY AND FIRE CODE REQUIREMENTS CITY will insure the Premises
meet the applicable requirements of the Heallh, Safety, Fire, and Building Codes for Public Buildings,
including any requirements for a notice of completion, certificate of occupancy and the Americans with
Disabilities Act ("ADA"). Should the continued occupancy of the Premises be in anyway prejudiced or
prevented due to changes in the ADA, the Health, Safety, or Fire Codes for Public Buildings, the CITY
herein shall correct, update and comply with said changes at CITY's cost.
8. SIGNS: COUNTY will display from the windows and/or marquee of the Premises only
such sign or signs as are not prohibited by law.
9. MAINTENANCE
a. CITY at its cost shall maintain in good condition all portions of the Premises,
including but not limited to the following:
(1) The structural parts of the building and other improvements that are a
part of the Premises, which include the foundations, bearing and exterior
walls (including glass and doors), subflooring. and roof:
(2)
The electrical, plumbing, and sewage systems, including, without
limitation. those portions of the systems owned or controlled by the CITY
lying outside the Premises;
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(3)
Window frames, gutters, and downspouts on the building and other
improvements that are a part of the Premises;
(4) Air conditioning, heating and ventilating systems servicing the Premises,
and;
(5) Outside lighting, major irrigation repairs, tennis court nets and
windscreens.
(6) CITY at its cost shall repair the Premises if they are damaged by (1)
causes over which COUNTY has no control; (2) acts or omissions of
CITY, or its authorized representatives.
b. COUNTY, at its cost, shall be responsible for any and all routine maintenance in
and around the Galaxy Building AND Norton Recreation Center, to include the
parking lot areas, planter beds, entranceways, and lawn areas. These areas will
also include, but not be limited to;
(1) Exterior
(A) Paint over graffiti as required.
(B) Mow and edge lawns.
(C) Weed flower & planter beds
e (D) Sweep and/or blow sidewalks and all parking lots
(E) Trim bushes and low hanging tree branches.
(F) Clean windows.
(G) Remove trash and leaves.
(H) Make minor irrigation repairs and adjustments.
(I) Remove dead/diseased plant materials, trees, shrubs
and/or other vegetation.
These items will be done on a set schedule at a minimum once
per week. COUNTY agrees to provide the CITY with a monthly
maintenance schedule in writing by the 1" working day of each month for
said month (ex: Monday, July 3, 2006 for month of July 2006).
(2) Interior: Janitorial services/minor repairs which shall include, but are not
limited to:
(A) Vacuum rugs.
(B) Clean and dust, mop floors.
(C) Clean restrooms and provide janitorial supplies.
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(D)
(E)
Clean windows and walls.
Remove trash.
(F) Make minor repairs, e.g., unplugging a stopped tOilet,
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Replacing light bulbs, which do not require ladders and replacing
grommets in a leaking faucet.
(G)
(H)
The servicing of fire extinguishers,
Maintenance of burglar and fire alarm systems and the total
costs thereof, including the provision of an after-hours contact to
the fire/alarm company dispatch,
COUNTY agrees to supply a 33% FTE Gob classification - custodian) to maintain
all of these items for the Galaxy Building, COUNTY agrees to supply CITY with a
weekly work schedule of hours that this custodian is working (in writing) on a
weekly basis according to the following timeline (ex: provide a work schedule for
work week of Monday, July 3, 2006 through Sunday, July 9, 2006 by 4:00pm,
Friday, June 30, 2006).
(3) Personal property shall be maintained by COUNTY in the same condition
as it was upon commencement of this agreement, reasonable wear and
tear excluded. COUNTY and CITY agree to inspect and indicate the
condition of personal property upon commencement of this agreement.
(4) COUNTY may use supervised juveniles, such as those assigned hours
of community service, for maintenance and janrtorial work.
(5) COUNTY will make repairs if damages are by (a) causes over which
COUNTY has control; (b) acts or omissions of COUNTY, or it~
authorized representatives; (c) direct result of COUNTY'S use.
10. ALTERATIONS: COUNTY shall not make any structural or exterior improvements or
alterations to the Premises without CITY's written consent. Any such alterations made shall remain on
and be surrendered with the Premises on expiration or termination of the agreement.
11. FIXTURES: COUNTY shall have ttie right during the term(s) of this agreement to install
shelving and fixtures, and make interior, non-structural improvements or alterations in the Premises.
Such shelving, fixtures, improvements, and alterations shall remain the property of the COUNTY and may
be removed by the COUNTY during the temi(s) of this agreement or within a reasonable time thereafter,
provided that the COUNTY restores the Premises to the condition as it existed at the commencement of
this agreement, reasonable wear and tear excluded, or the COUNTY in its sole discretion may elect to
surrender all or any part of such shelving, fixture. improvements and alterations to the CITY, in which
case COUNTY will not be accountable for restoring the Premises. Any such election to surrender must
be in writing, but need not be accepted by CITY to be effective.
12. UTILITIES: CITY shall furnish to the Premises and pay all service charges and
related taxes for electricity, water, sewer, gas and trash services. CITY to determine the cost per square
foot for both buildings for utilrty services on an annual basis. CITY will bill county on a quarter1y basis.
COUNTY shall reimburse CITY for 90% of all utility costs (i.e. water, electrical and natural gas) for the
Galaxy Building and 48% of the utility costs for the Norton Recreation Center (Gymnasium use).
13. HOLD HARMLESS:
a.
COUNTY agrees to indemnify, defend (with counsel approved by CITY) and hold
harmless the CITY, its authorized officers, agents, volunteers and employees
from any and all claims, actions, losses, damages, and/or liability arising out of
this lease from any cause whatsoever including the acts, errors or omissions of
any person and for any costs of expenses incurred by the CITY on account of
any claim therefore except where such indemnification is prohibited by law.
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b.
CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold
harmless the COUNTY, its authorized officers, agents, volunteers and
employees from any and all claims, actions, losses, damages, and/or liability
arising out of this lease from any cause whatsoever including the acts, errors or
omissions of any person and for any costs of expenses incurred by the COUNTY
on account of any claim therefore except where such indemnification is
prohibited by law.
14, INSURANCE: CITY and COUNTY acknowledges that each party is legally self-insured
for Worker's Compensation up to statutory limits. The CITY is self-insured for comprehensive general
liability and automobile liability, and each party shall provide a certificate of self-insurance to the other.
The CITY and the COUNTY accept such self-insurance as satisfying the premises liability insurance and
workers' compensation requirements under the contract.
15. CITY'S DEFAULT: Except where another time limit is specifically provided, CITY shall be
in default of this agreement if it fails or refuses to perform any material provisions of this agreement that it
is obligated to perform if the failure to perform is not cured within ninety (90) days after notice of such
default has been given by COUNTY to CITY. If the default cannot be reasonably cured within ninety (90)
days, CITY shall not be in default of this agreement if CITY commences to cure the default within the
ninety- (90) day period and diligently and in good faith continues to cure the defaun.
16. COUNTY'S REMEDIES ON CITY'S DEFAULT: COUNTY, at anytime after CITY is in
default, can terminate this agreement or can cure the default at CITY's cost. IF COUNTY at anytime, by
reason of CITY's default, pays any sum or does any act that requires the payment of any sum, the sum
paid by COUNTY shall be due from CITY to COUNTY within five (5) days of notice of such sum (including
charges for COUNTY's employees and equipment), and if paid at a later date shall bear interest at the
maximum rate the COUNTY is permitted by law to charge from the date the sum is paid by COUNTY until
COUNTY is reimbursed by CITY.
17. COUNTY'S DEFAULT: The occurrence of anyone or more of the following events shall
continue a default and breach of this agreement by COUNTY:
a. The vacating for more than ninety (90) consecutive days or abandonment of the
Premises by COUNTY.
b. The failure by COUNTY to perform any material provisions of this agreement to
be performed by COUNTY where such failure shall continue for a period of thirty
(30) days after notice by CITY to COUNTY; provided, however, that if the nature
of COUNTY's default is such that more than thirty (30) days are reasonably
required for its cure, then COUNTY shall not be deemed to be in defaun if
COUNTY commences such cure within said thirty (30) day period and thereafter
diligently prosecutes such cure to completion. The purpose of this notice
requirement is to extend the notice requirements of the unlawful detainer statutes
of California.
18. CITY'S REMEDIES ON COUNTY'S DEFAULT: In the event of any material default by
COUNTY which is not cured by COUNTY, CITY may, at its election, terminate this agreement by giving
COUNTY thirty (30) days notice of termination. The purpose of this notice requirement is to extend the
notice requirement of the unlawful detainer statutes of California. On termination of the agreement for
default pursuant to this paragraph, CITY shall have the right to recover from COUNTY only any amount,
and court costs, necessary to compensate CITY for all detriment proximately caused by COUNTY's
default which CITY proves could not have been reasonably avoided.
19. CITY'S ACCESS TO PREMISES CITY and its authorized representatives shall have the
right 10 enter the Premises at all reasonable times.
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20. NOTICES
a.
Any notice, demand, request. consent, approval, or communication that either
party desires or is required to give the other party or any other person shall be In
writing and either served personally or sent by prepaid, first-class mail. Any
notice, demand, request. consent, approilal, or communication that either party
desires or is required to give to the other party shall be addressed to the other
party at the address set forth below. Either party may change rts address by
notifying the other party of the change of address. Notice shall be deemed
communicated two (2) COUNTY working days from the time of mailing if mailed
as provided in this paragraph.
CITY's address:
City of San Bernardino
ATTN: Lemuel P. Randolph, Director
Parks, Rec. & Community Services Department
547 North Sierra Way
San Bernardino. CA 92410-4816
COUNTY's address:
Public Works Group
Real Estate Services Department
825 East Third Street, Room 207
San Bernardino, CA 92415-0832
21. INCORPORATION OF PRIOR AGREEMENT: This agreement contains all of the
agreements of the parties hereto with respect to any matter covered or mentioned in this agreement. and
no prior agreement or understanding pertaining to any such matter shall be effective for any purpose.
22. WAIVERS: No waiver by either party of any provisions of this agreement shall be
deemed to be a waiver of any other provision hereof or of any subsequent breach by either party of the
same or any other provisions.
23. AMENDMENTS: No provision of this agreement may be amended or added to except by
an agreement in writing signed by the parties hereto or their respective successor in Interest, expressing
by it terms an intention to modify this agreement.
24. SUCCESSORS: This agreement shall insure to the benefit of and be binding upon the
heirs, executors. administrators, successors. and assigns of the parties hereto.
25. SEVERABILITY: If any word, phrase, clause, sentence, paragraph, section, article, part
or portion of this agreement is or shall be invalid for any reason, the same shall be deemed severable
from the remainder hereof and shall in no way affect or impair the validity of thiS lease or any other
portion thereof.
26. TIME OF ESSENCE: Time is of the essence of each provision of this agreement, which
specifies a time, within which performance is to occur. In the absence of any specific time for
performance. performance may be made within a reasonable time.
27. QUIET ENJOYMENT: Subject to the provisions of thiS agreement and conditioned upon
performance of all the provisions to be performed by COUNTY hereunder, CITY shall secure to COUNTY
during the agreement term the quiet and peaceful possession of the Premises and all right and privilege
appertaining thereto.
28. PROVISIONS ARE COVENANTS AND CONDITIONS: All provisions, whether covenants
or conditions, on the part of either party shall be deemed to be both covenants and conditions.
29. CONSENT: Whenever consent or approval of either party is required that party shall not
unreasonably withhold such consent or approval.
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30.
reference.
EXHIBITS: All exhibits referred to are attached to this agreement and incorporated by
31. LAW: This agreement shall be construed and interpreted in accordance with the laws of
the State of California.
32. VENUE: The parties acknowledge and agree that this agreement was entered into and
intended to be performed in San Bernardino County, California. The parties agree that the venue for any
action or claim brought by any party to this agreement will be in San Bemardino County. Each party
hereby waives any law or rule of court, which would allow them to request or demand a change of venue.
If any action or claim concerning this agreement is brought by any third party, the parties hereto agree to
use their best efforts to obtain a change of venue 10 the Central District of San Bernardino County.
33. ATTORNEY'S FEES AND COSTS: If any legal action is instituted to enforce or declare
any party's rights hereunder, each party, including the prevailing party, shall bear Its own costs and
attorney's fees. This paragraph shall not apply to those costs and attorney's fees directly arising from any
third party legal action against a party hereto and payable under Paragraph 13, "HOLD HARMLESS",
34. RIGHT TO TERMINATE: The COUNTY or CITY shall have the right to terminate this
agreement at any time. COUNTY or CITY shall give the other notice of any termination pursuant to this
paragraph at least thirty (30) days prior to the date of termination. In the event either entity terminates
this agreement pursuant to this paragraph, neither entity will be required to compensate the other entity
except for that which is included in Paragraph 12, "UTILITIES".
35. CAPTIONS, TABLE of CONTENTS AND COVER PAGE: The paragraph captions, table
of contents and the cover page of this lease shall have no effect on its interpretations.
36. SURVIVAL: The obligations of the parties which, by their nature. continue beyond the
term of this lease, will survive the termination of this lease.
37. INTERPRETATIONS As this agreement was jointly prepared by both parties, the
language in all parts of this agreement shall be construed, in all cases, according to it fair meaning, and
not for or against either party hereto.
END OF AGREEMENT TERMS.
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
By:
Chairman, Board of Supervisors
Dated:
Title:
Mayor
Dated:
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD.
Attest:
By:
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EARLENE SPROAT. Clerk of the Board
Of Supervisors
Sf:
Deputy
Date:
Approved as 10 Legal Fonn:
ALAN K. MARKS, County Counsel
By:
Dated:
Title:
Daled:
City Clerk
APPROVED AS TO FORM AND
LEGAL CONTENT:
rD.~l. D(o
(Contractual Agreement County of San Bernardino Probation and City of San Bernardino {Norton Recreation Center &
Galaxy - As of July 1, 20061
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