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RESOLUTION NO. "7 q -:). (,fI
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A JOINT POWERS AGREEMENT WITH THE SAN BERNARDINO CITY
3 UNIFIED SCHOOL DISTRICT FOR USE OF UNDEVELOPED RIO VISTA SCHOOL
GROUNDS FOR PARK AND PLAYGROUND FACILITIES; AND REPEALING RESOLU-
4 TION NO. 13424.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City
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a Joint Powers Agreement with the San Bernardino City Unified
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School District for use of undeveloped Rio Vista School grounds
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for park and playground facilities, a copy of which is attached
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hereto, marked Exhibit "A" and incorporated herein by reference
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as fully as though set forth at length.
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SECTION 2. Resolution No. 13424 is hereby repealed.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
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Bernardino at a /l~
on the q day of', ~
following vote, to wit, - - ,
, 1979, by the
meeting thereof, held
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NAYS:
Councilmen ~t:~,,~ w-Iu oiLv
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AYES:
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ABSENT:
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The foregoing resolution is hereby approved this 1/1" day
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of
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, 1979.
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as to form:
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VISTA
E L E. i'-1 L NT A. R Y
5CHOOL
,JO.. NO.
-UUGINi:::S5 MANAGER
STAFF ARCHITt::CT
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EXHIBIT "I"
liO...tEl::"r NO,
SAN BE:j;;J;f<DlNO CITY UN!flW SCtlOOL DISTRICT
SAN [;C,~NAHDINO. CALlFOHNIA
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15. Entire Agreement. This agreement represents the
2 entire agreement between the parties hereto, and said agreement
3 can only be amended by a written agreement executed by both
4 parties.
5 IN WITNESS WHEREOF, the parties hereto have executed this
6 agreement on the date first hereinabove written.
7 CITY OF SAN BERNARDINO
8 ATTEST:
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\C1.ty Clerk
SAN BERNARDINO CITY UNIFIED
SCHOOL D STRICT
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By
Approved as to form:
HAROLD L. 00RtNG; .0.
Assistant Superintendent.
Administr.il1ive,. S,iQlic:es
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APPROVED AS TO FORM
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DATE //7<'-:;; 7, It; 79
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1 this agreement when school is in session or during school-sponsore
2 events.
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10. Cancellation and Option. City shall have the option
4 to discuss the purchase of the school grounds hereinabove
5 described in the event that District, in its sole discretion,
6 determines that Rio Vista is no longer needed for District's
7 purposes. In the event the school grounds are sold by District,
8 District may declare this agreement to be cancelled, in which
9 event City shall be entitled to remove any improvements constructe
10 by City.
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11. Rules and Regulations. City and District agree to
12 jqintly formulate rules and regulations for use of said school
13 grounds and to enforce said rules for their respective uses pro-
14 vided for herein.
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12. Non-Assignable. Both parties agree not to assign any
16 right or privilege connected with this agreement.
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13. Grant by State of California. It is understood and
18 agreed by the parties hereto that the terms and provisions of the
19 within agreement are contingent upon the awarding by the State of
20 California, Department of Parks and Recreation, of a grant for
21 this project.
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14. Notices. All notices herein required shall be in
23 writing and delivered in person or sent by first class mail,
24 postage prepaid, addressed as follows:
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CITY OF SAN BERNARDINO
Parks & Recreation Dept.
300 North "D" Street
San Bernardino, CA 92418
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
799 North "F" Street
San Bernardino, CA
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electricity used for illuminating the park and playground during I'
the term hereof. City shall be responsible for all electric meterl
installation costs and charges for such electricity. In the event I
that District closes Rio Vista Elementary School, City shall i
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assume all charges for water and electricity for the park and I
playground.
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8. Fencing. City shall install additional fences that
8 may become necessary for the use of the ball field to be con-
9 structed upon the school grounds. The location of the fences
10 shall be made by City with the prior written approval of District
11 and in accordance with District's specifications.
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9. Hold Harmless. The City ~grees to indemnify and hold
13 District harmless from any loss, lia~ility, claim, suit or judg-
14 ment resulting from work done or omitted by the City in carrying
15 out this agreement. Additionally, the City agrees to indemnify
16 and hold District harmless from any loss, liability, claim, suit
17 or judgment arising out of pablic park use of the grounds covered
18 by this agreement by members of the public when school is not in
19 session, and said grounds are not in use for a school-sponsored
20 event.
21 District agrees to indemnify and hold City harmless from
22 any loss, liability, claim, suit or judgment resulting from work
23 or acts done or omitted by District in carrying out this agreement.
24 These provisions are included in accordance with Government Code
25 Section 895.4 and are applicable to all parties hereto to the
26 extent authorized by law. Additionally, the District agrees to
27 indemnify and hold City harmless from any loss, liability, claim,
28 suit or judgment arising out of use of the grounds covered by
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1 school attendance during the above specified school terms.
2 City shall have the right to the use of a ball field to be
3 constructed upon the school grounds for organized City recreation
4 purposes at all times other than those specifically designated
5 for District's utilization. Public access to said park and play-
6 ground areas shall be maintained at all times; provided, however,
7 District and City shall have the right to restrict such access,
8 upon 24-hours advance written notice to the other party, when
9 necessary for maintenance of the property.
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6. Maintenahce. City shall, at its expense, maintain
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II the school grounds during the term hereof unless said maintenance
12 items are hereinafter listed as being District's responsibility.
13 City's maintenance shall include the repair and replacement of
14 trees, the repair and replacement of playground equipment, soil
15 amendment, necessary fertilization, the mowing of grass and such
16 other maintenance as is necessary to maintain the park and play-
17 ground in a usable condition. District shall repair and maintain
18 the sprinkler system during the term hereof, and City shall not
19 have any responsibility with respect thereto. Said system shall
20 be maintained by District in a good working condition at all times.
21 District shall operate said system in such a manner that the park
22 and playground grass, shrubbery and trees are at all times kept
23 in usable condition. In the event that District closes Rio
24 Vista Elementary School, the City shall provide the entire main-
25 tenance of the school grounds as shown on Exhibit" I" .
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7. Water and Electricity. District shall supply and bear
27 the cost of all water to be used in maintaining grass and planting
28 areas for the term hereof. City shall bear the cost of all
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2. Design and Installation of Facilities. City shall
design the park and playground facilities on the school grounds
hereinabove described, subject to the written approval of the
District, and City shall obtain bids for the project and supervise
the construction of the improvements. As a part of the improve-
ments to be provided, City shall design, construct and install
turf, trees, sprinklers and playground equipment in accordance
with District's specifications and the joint requirements of the
parties hereto.
3. Location and Ownership. The park and playground
facilities installed as provided herein shall be maintained on the
aforedescribed Rio Vista School grounds and shall at all times
be and remain the property of the District, subject to City's
right to use the facilities as provided herein. District may, at
its discretion, add improvements, including buildings, to said
school grounds.
4. Cost of Construction. City shall assume and pay ail
costs of construction and installations of the said sprinklers,
turf, trees, playground equipment, and any other improvements
which City determines in its sole discretion are necessary in
order to provide a park and playground area on said school grounds
satisfactory for public use.
5. Use. District shall have the first right to use said
park and playground area during regular school hours, during
regular established school terms, and summer school terms during
the term of this agreement. Provided, further, District shall
have the first right of use of said park and playground for all
school-sponsored events at times other than regular hours of
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15' 45", a distance of 102.77 feet; thence north
38" 14' 30" east, 61.68 feet; thence north DO" 01'
15" west, 37.26 feet; thence south 89" 59' 35"
west, 41.25 feet to the southeasterly corner of
said 14th Street; thence north DO" DO' 35" west
along the east line of said 14th Street, 30.00
feet to the northeast corner thereof; thence
north 89" 58' 55" west along the northerly line
of said 14th Street, 620.05 feet to the easterly
line of California Street, 62.00 feet in width;
thence south DO" 02' 40" east along said easterly
line, 30.00 feet to the north line of said Lot 5;
thence north 89" 58' 55" west along said north
line, 30.00 feet to the POINT OF BEGINNING.
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Containing 3.34 acres, more or less; and
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10 WHEREAS, it is in the public interest of both parties to
11 this agreement to share jointly in the development and maintenance
12 of said school grounds as hereinabove described in order to
13 fully utilize said grounds for the benefit of the inhabitants of
14 the District and the City; and
15 WHEREAS, both parties hereto desire to improve the afore-
16 described school grounds in order to provide for additional
17 school activities and additional recreation and park activities
18 thereon; and
19 WHEREAS, the parties hereto enter into this agreement
20 pursuant to the joint exercise of powers law (Government Code
21 Section 3500, et seq.), and other provisions of law,
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22 NOW, THEREFORE, it is agreed as follows:
24 period of twenty (20) years commencing September 1, 1979, and
1. Term. The term of this agreement shall be for a
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ending on August 31, 1999.
The term herein provided may be
26 extended from time to time by the mutual written agreement of
27 the parties.
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JOINT POWERS AGREEMENT
(Rio Vista School Grounds - Undeveloped)
THIS
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AGREEMENT is made and entered into this
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day of
, 1979, by and between the CITY OF SAN BERNARDINO,
corporation, hereinafter referred to as "City", and
the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, a public school
district, hereinafter referred to as "District".
WIT N E SSE T H:
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WHEREAS, District owns a school in the City of San
Bernardino described as Rio Vista School located at 1451 North
California Street, San Bernardino, California; and
WHEREAS, the District owns school grounds shown on Exhibit
"I" attached hereto and incorporated herein by reference and more
particularly described as follows:
All that real property in the City of San Bernardino,
County of San Bernardino, State of California,
described as follows:
A portion of Lot 6, Block 58, and of Pennsylvania
Avenue, RANCHO SAN BERNARDINO, as per plat re-
corded in Book 7, page 2 of Maps, records of San
Bernardino County, California and a portion of Lot
5 of the H. H. Linville Subdivision, as per plat
recorded in Book 8, page 47 of Maps, records of
said County, and of 14th Street as deeded to the
City of San Bernardino by deed recorded in Book
3230, page 214, Official Records of said County,
completely described as follows:
BEGINNING at the northwest corner of said Lot 5,
being in the easterly line of California Street,
32.00 feet in width; thence south 000 02' 40" east
along the west line of said Lot 5, 195.00 feet;
thence south 890 58' 55" east, parallel with said
14th Street, 619.95 feet to a point 30.00 feet
westerly of the centerline of said Pennsylvania
Avenue; thence north 000 10' 15" west, parallel
with said centerline, 13.99 feet to the beginning
of a tangent curve, concave southeasterly and hav-
ing a radius of 153.89 feet; thence northeasterly
along said curve, through a central angle of 380
EXHIBIT "A"
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