HomeMy WebLinkAbout1979-253
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RESOLUTION NO. 1q- J..i'~
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH DIOCESE OF SAN BERNARDINO
EDUCATION AND WELFARE CORPORATION RELATING TO THE USE OF CERTAIN
REAL PROPERTY FOR RECREATIONAL PURPOSES.
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
hereby authorized and directed to execute on behalf of said City
an agreement with Diocese of San Bernardino Education and Welfare
Corporation relating to the use of certain real property for
recreational purposes, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
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on the / R day
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meeting thereof, held
" 1979, by-the following
vote, to wit:
AYES:
Councilmen Chto~ W.fI.M-tJ,I(h;J bt~
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/ City Clerk
NAYS:
ABSENT:
The foregoing resolution is
of
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, 1979.
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A G R E E MEN T
(Aquinas High School)
THIS AGREEMENT is made and-~ntered into at San Bernardino,
California, this ~ day of:,LLtl
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between the CITY OF SAN BERNARDINO, a municipal corporation,
, 1979, by and
hereinafter called "City", and the DIOCESE OF SAN BERNARDINO
EDUCATION AND WELFARE CORPORATION, a California non-profit
corporation, hereinafter called "Diocese".
WIT N E SSE T H:
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WHEREAS, the real property which is the subject of this
agreement is owned by Diocese; and
WHEREAS, Diocese desires to permit City to use said real
property for recreational purposes as provided herein so long as
it does not interfere with Diocese's use and need therefor,
NOW, THEREFORE, in consideration of the covenants, promises
and agreements herein contained, it is mutually agreed as follows:
1. Property to be Used by City. Diocese agrees to allow
and permit City to use that certain real property situated at
2772 North Sterling Avenue, in the City of San Bernardino, County
of San Bernardino, State of California, more particularly des-
cribed in Exhibit "I", which is attached hereto and by this
reference made a part hereof as fully as though set forth at
length herein.
2. Term. City's right hereunder shall be for a term of
one (1) year commencing April 17, 1979, and ending April 16, 1980.
3. Use. It is agreed that City's use of the property is
to be for park and recreation purposes, and specifically for pur-
poses of Little League play, Jr. All American Football, City park
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and recreational activities, such as soccer, for the residents of
the City of San Bernardino, without discrimination as to race,
color, creed, national origin or religion.
4. Scheduling of Events. Scheduling of all athletic and
other events and activities on the property shall be accomplished
under the supervision of the Principal of Aquinas High School or
his duly appointed representative in order to avoid any conflict
in the use of said property. Such scheduling shall not unreason-
ably withhold use of the property from City in order that City
may have the use of the property on an equal basis with Aquinas
High School.
5. Utilities. City shall pay all electrical energy and
water costs for the baseball field arid for the parking lot for
the term of this agreement. City shall mow the baseball field
and maintain the light fixtures therefor at its expense during
said term. Diocese shall be responsible for all other maintenance
and shall bear all other costs for the premises.
6. Improvements. City has heretofore installed certain
improvements to the premises which are as follows, to wit:
(a) light poles, (b) light fixtures, (c) light panel, (d) fencing
for the baseball field, (e) bleachers, and (f) scoreboard. Said
property so installed by City shall be and remain the property
of City, and at the end of the term of this agreement, or at the
end of the term as extended by exercise of the option to renew
set forth in paragraph 9 hereof, City shall have sixty (60) days
in which to remove all of said property from the premises. City,
in removing said items of property, shall restore the premises to
a normal condition so that the premises shall not have been
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1 damaged by the said removal. In the event said property is not
2 removed within sixty (60) days as provided, said property shall
3 be deemed abandoned.
4 7. Indemnity. City and Diocese shall indemnify each
5 other against and hold each other free and harmless of and from
6 any and all liability for any and all damages, costs, losses and
7 expenses resulting from or arising out of or in any way connected
8 with the other's use of said property under this agreement.
9 8. Insurance. Each party shall maintain during the term
10 of this agreement good and sufficient policies of liability in-
11 surance for the purposes of indemnifying itself against liability
12 for claims of third parties arising out of the acts or omission
13 of any person in connection with the use of said property. It is
14 understood that City is self-insured with respect to such
15 liability insurance, and Diocese agrees that City's self-insurance
16 is satisfactory to meet compliance with the requirements of this
17 paragraph.
18 9. Option to Renew. City shall have an option to extend
19 this agreement for an additional one year period commencing on
20 the day following the expiration of the term set forth above by
21 giving thirty (30) days advance written notice to Diocese prior
22 to the end of the term hereof of its intention to exercise this
23 option, and, thereafter, this agreement shall continue in full
24 force and for said additional one year term.
25 10. Either party may terminate this agreement during the
26 term hereof or during the option term by giving the other party
27 sixty (60) days advance written notice of such termination.
28
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City shall not assign this agreement or
11.
Assignment.
its interest therein except with the written approval of Diocese.
8 the other shall be in writing, delivered either personally or by
9 United States mail, postage prepaid, addressed as follows:
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"City"
"Diocese"
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Diocese of San Bernardino
Education and Welfare Corp.
1450 North "0" Street
San Bernardino, CA 92405
14 IN WITNESS WHEREOF, the parties hereto haye executed this
15 agreement on the date first hereinabove written.
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ATTEST:
18 ~&:?MV
Ci'ty Clerk
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Approved as to form:
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J.ty Att rney
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