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HomeMy WebLinkAbout16-Parks & Recreation CITY OFl" SAN BERNAFINO - REQUEST F. COUNCIL ACTION From: ANNIE F. RAMOS, DIRECTOR Subject: RESOLUTION AUTHORIZING AGREEMENT FOR JOINT USE OF MILL COMMUNITY CENTER PARKS, RECREATION & COMMUNITY SERVICES WITH THE COUNTY OF SAN BERNARDINO FOR A PERIOD OF 15 YEARS COMMENCING ON JULY 23, 1993 JANUARY 1. 1993 AND ENDING ON DECEMBER 31. 200B AND REPEALING RESOLUTION 93-148. Dept: Date: Synopsis of Previous Council action: November 15, 1976 - Council approved joint use agreement for term of 15 years. Recommended motion: Adopt the resolution. ~~<~ Signature Contact person: Tom BOlllls Phone: !io::l? Supporting data attached: Staff Reoort & AQreement Ward: 1 FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Descriotion) Finance: Council Notes: 75-0262 Agenda Item No /a, CITY. OF .SAN BERNA_INO - REQUEST FO.COUNCIL ACTION STAFF REPORT RESOLUTXOH AUTHORXZXHG AGREEMENT FOR JOXNT USE OF MXLL COMKUHXTY CENTER WXTH THE COUNTY OF SAR BERHARDXHO FOR A PERXOD OF 15 YEARS COMMENCING ON JANUARY 1, 1993 AND ENDIHG ON DECEMBER 31, 2008. This joint use agreement extends for an additional 15 years, the arrangements for joint use of Mill Community Center with the County of San Bernardino. Since 1976, the County has operated a federal Head Start Program at Mill Center. The conditions of the agreement require the County to reimburse the City for all utilities, ground and building maintenance and any other services supplied by the City. Under the new agreement, the County will relinquish classrooms in the "C" wing and the Multipurpose Room/cafetorium,' reducing their area of use by approximately 2,300 square feet. The joint use of Mil Community Center has been an effective manner of operating this facility. The Head Start Program offered by the County has serviced over 200 pre-schoolers daily while the city has provided services through the recreation center, swimming pool and park. Approval is recommended. .. agreem-millw/co.-u 7/23/93 75-0264 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. 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 1, 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 meeting thereof, held on the day of , 1993, by the following vote, to wit: / / / / -1- . . 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. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Approved as to form and legal content: ~ ABSTAIN COUNCIL MEMBERS: ~ ll.~ NEGRETE CURLIN HERNANDEZ OBERHELMAN VACANT POPE-LUDLAM MILLER Rachel Clark, City Clerk The foregoing resolution is hereby approved this day of , 1993. TOM MINOR, Mayor City of San Bernardino 22 JAMES F. PENMAN 23 city Attorney 24 25 26 27 28 -2- . . 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 ~~~H~~~E~H: 10 WHEREAS, city and County jointly purchased and 11 jointly own all that real property know as the Mill 12 13 14 15 School Site, situated in the City of San Bernardino, County of San Bernardino, State of California, and described as follows: 16 17 18 19 20 21 22 23 24 25 26 27 28 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 '~esirous 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- . . 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, within 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 utili ties 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 27 28 -2- . . 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 25 26 27 28 costs chargeable to County pursuant to the provisions of Paragraph 6 and 7 hereof for the preceding term. -3- . . 1 2 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 3 of 15 years commencing January 1, 1993 and ending 4 December 31, 2008. 5 6 shall be made without the written approval of city for 7 10. No improvements or alterations to said property County sponsored projects and the County for City 8 sponsored projects. 9 11. City and County agree to indemnify, defend and 10 save harmless the other party from any and all claims, 11 losses and damages occurring or resulting from any 12 claims, losses and damages occurring or resulting from 13 any negligence or wrongful act or omission of the 14 officers, agents or employees of the party causing the 15 negligence, wrongful act or omission in the performance 16 17 of this contract, to the extent permitted by law. 12. If any legal action is instituted to enforce or 18 declare any party's rights hereunder, each party shall 19 bear its own costs and attorney's fees. 20 13. All notices herein required shall be in writing 21 22 23 24 25 26 27 28 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 -4- . . 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: CITY OF SAN BERNARDINO 13 14 15 Approved as to form and legal content: Rachel Clark, City Clerk TOM MINOR, Mayor 16 James F. Penman 17 Cit Attorney 18 .~ 19 20 21 Clerk of the Board of Supervisors 22 Approved as to form and 23 legal content: 24 Alan Marks 25 County Counsel 26 By 27 MillCommunityCenter-jj 4/22/93 28 COUNTY OF SAN BERNARDINO Chairman, Board of Supervisors -5- ? " . . .. ~ : i, I : . . ~ . .. ~....," . ~.. ~7"7I L ',' f . . J.,......~,1 : :- ~..}~ ~ . ". . / ~ , ''\J' U :~"..-l1'I.~,'~ . t. .,. .'; ", .,' .0, r. '. ",,"6' f ~'(,/,' /. . ',' : '..1';("'" II {0"'/ 'f : ,.' ')-i (.' r ...-. . . ". .~ ,i l. .- ',0 . : ::~ "4 V ";2. u . "/;.11 ; 1~~ -~ 1t0 .-0>;.-:.1 : ;;~ 'j.:' t~:/ r~,/:.! 1 ,..,,/rt. ~W;~ %/ ,.11 '..~. . '~-... ~.~ .' I ....'""!,..~.. '. ~.~, ",t . '.f i :~i;':: ,\ tt~ ,,) ~ /:':'d '. " I' l':(~: l~ ,,, . '/' 7; I ! 'i)~ ." , :::'':::J:. ': 't-~~?~7X/-;"~) 1'. i~ ~ 1. L .~. .' / './. ~~/,~;~~;~'/;;~ '. I q t., " .Z U~_.;_~ Gc:e,.14 I'l r .: .;:;:-._,~ "'~ . ,~"'.,.. J'll...\'~ r '.. r. ... .".:.... rj:.;.~ '1!."i ' J ' . :lu,,'..;c., ,'. \", t---.- -..-.. 1 .\1: . ~' I . 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