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RESOLUTION NO. //J4 C.
A RESOLUTION OF THE MAYOR AND ~OMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ACCEPTING AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE BOY SCOUTS OF AMERI CA, TROUP NO., 36 FOR THE
USE OF CERTAIN IMPROVEMENTS MADE BY THE CITY TO PROPERTY LOCATED
AT THE SOUTHEAST CORNER OF COLIMA ROAD AND GARNER AVENUE.
WHEREAS: The City of San Bernardino has made certain
improvements to private property located at the Southeast corner
of Col ima Road and Garner Avenue in the City of San Bernardino
by virtue of a right-of-entry from the property owner; and
WHEREAS: The Boy Scouts of America, Troup No. 36 bave
obta i ned a r i ght-of-entry from the property owner for the use of
said premises.
NOW THEREFORE, the Mayor and Common Counci I of the' CJty of',
San Bernardino hereby resolves as fol lows:
SECTION ONE: That the said Mayor and Common,: Co.lJnci I hereby
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accept the Agreement attached hereto marked Exhibit '''A''" and
referred to and made a part hereof as though fu Uy. s~t"f>opth ,!'It.,
I ength herein.
SECTION TWO: That the Mayor and City Administrator are
himeby author i zed to exeCute sa i d Agreement on beha If of sa i d
City.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Counci I of the City of San
Bernardino at a
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on the /727'
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meeting thereof held
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I 197J by the foll~wlng vote;
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to-wit:
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A YES: Counc i I men~~;? If;-/.'/-4I(;
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NOES:
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ABSENT:
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approved th IS :/ ,.-< ';:d"
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The foregoing resolution is hereby
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day of
Approved as ~o form:
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City Attorfney
FILED
MAR 2:3 1973
lUCIL;::Z.FO:' C.itYClerk
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AGREEMENT
THIS AGREEMENT made this If''!' day of ://'l21/i>'/,__// , 1973
'7 z;;;E. , I
entered into by and between the City of San Bernardino, a municipal corpor-
ation, hereinafter referred to as "City" and the BOY SCOUTS OF AMERICA, TROUP
NO. 36, herei na fter referred to as "Scouts".
WITNESSETH:
WHEREAS, City has obtained a right of entry from Marshall Highlands
Civic Association, a California corporation for the purpose of making minor
improvements tQ land and structures described as Lots 8 and 9, Tract 3525, as
per plat thereof recorded in Book 46 of Maps, page 55, Records of the County
Recorder. of San BerRardino County, State of California and located at the
Southeast corner of Colima Road and Garner Avenue in the City of San Bernar-
d i.no; and
i. 'WHEREAS, said' property is to. be used for corrmunity, civic improvement
and civic recreational p,urposes; and
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WHEREAS, Sc~uts ~eSireto utilize said premises and improvements for
their civic recreationqnd,meetingp~rposes,which use is by virtue of a
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right of entry obtained by Scouts from said Marshall Highlands Civic Associa-
tion, a California corporation;
NOW THEREFORE, in consideration of the City making the above improve-
ments, the parties herein agree as follows:
ARTICLE 1.
ex'..UBIT "A"
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Section 3: Scouts shall and do hereby indemnify City against and hold
2 it harmless for any and all liability for damages, costs, losses and expenses
3 resulting from, arising out of, or in any way connected with the occupation
4 or use of said property and improvements by Scouts or their invitees, guests
5 or any other persons. City shall not be liable to Scouts if for any reason
6 whatever the occupation or use of the said premises shall be prevented or
7 disturbed by any persons. City is in no way a party to the right of entry
8 between Scouts and said Marshall Highlands Civic Association and is not liable
9 for or in any way connected with any provisions or stipulations made therein.
ARTICLE 2: Stipulations
1. This agreement is .f1ot trarrSferable or assignable by Scouts to any
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person or organization,-~and' no other person 01' organization may benefit by
use of said improvements.
2. This agr~ment shall continue in full force, and effect until June 30,
1973 or unless othe~ise.terminated and~1tj re~r,ves the right to terminate
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same at any time on 10 -days ~ritten notice1td' Scouts.
3. Ti.ple is of the essence of the prov;isionsherElOf.
4. This agreement shall terminate upon the sale, lease, transfer or
conveyance of title or any interest in the land herein described.
ATTEST:
BOY SCOUTS OF AMERICA
TROUP NO. 36
By: fAA\J1 ~ SffI
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CITY. OF 5AN '~'r~R ~;/ /
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Approved'~ to form:
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'-tity tofney · '
By: