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RESOLUTION NO. r;CJ-:2.?1lf)
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 RELATING TO THE USE OF CERTAIN REAL PROP-
ERTY AT DEL VALLEJO JR. HIGH SCHOOL FOR PARK AND PLAYGROUND
4 FACILITIES~ AND REPEALING RESOLUTION NO. 13425.
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
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 relating to the use of certain real property at
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Del Vallejo Jr. High School for park and playground facilities,
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a copy of which is attached hereto, marked Exhibit "A" and
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incorporated herein by reference as fully as though set forth at
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length.
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SECTION 2. Resolution No. 13425 is hereby repealed.
I HEREBY CERTIFY that the foregoing resolution was duly
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adoeted by the Mayor and Common Council of the City of San
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day of ~
to wit:
Bernardino at a
meeting thereof, held
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on the 9
following vote,
, 1979, by the
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AYES:
Councilmen r?AtQt:~ (. J~.J 9:ludfJA4->
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NAYS:
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ABSENT:
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The foregoing resolution is
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JOINT POWERS AGREEMENT
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(Del Vallejo Jr. High School)
THIS AGREEMENT is made and entered into this ). 1M day of
~~/ , 1979, by and between the CITY OF SAN BERNARDINO,
a maicipal corporation, hereinafter referred to as "City", and
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the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, a public school
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district, hereinafter referred to as "District".
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WIT N E SSE T H:
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9 WHEREAS, District owns a school in the City of San
10 Bernardino described as Del Vallejo Jr, High school, located at
11 1885 East Lynwood Drive, San Bernardino, California; and
12 WHEREAS, the District owns the school grounds shown on
13 Exhibit "I" attached hereto and incorporated herein by reference,
14 and more particularly described as follows:
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All that real property in the City of San Bernardino,
County of San Bernardino, State of California, des-
cribed as follows:
Those portions of Lots 4, 5 and 6, Block 18 of the
ORANGE GROVE TRACT as per plat thereof recorded in
Book 11 of Maps, Page 14, records of the County
Recorder, San Bernardino County, State of California,
lying North of the North right-of-way for the San
Bernardino County Flood Control District and East of
a line that is 885 feet West of the centerline of
Sterling Avenue,
22 and
EXCEPTING therefrom any dedicated streets;
23 WHEREAS, it is in the public interest to both parties to
24 share jointly in the development and maintenance of said school
25 grounds as hereinabove described in order to fully utilize said
26 grounds for the benefit of the inhabitants of the District and
27 the City; and
28 WHEREAS, both parties hereto desire to share jointly in
EXHIBIT "A"
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1 the further development and the maintenance of the said school
2 grounds in order to provide for school activities and additional
3 recreation and park facilities; and
4 WHEREAS, the parties hereto enter into this agreement
5 pursuant to the joint exercise of powers law (Government Code
6 Section 3500, et seq.), and other provisions of law,
7 NOW, THEREFORE, it is agreed as follows:
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1. Term. The term of this agreement shall be for a
9 period of twenty (20) years commencing September 1, 1979, and
10 ending on August 31, 1999. The term herein provided may be ex-
11 tended from time to time by the mutual written agreement of the
12 parties.
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2. Design and Installation of Facilities. City shall
14 design and construct necessary lighting and a back stop in order
15 to provide an adult softball field on the school grounds herein-
16 above described. The location of the facilities to be provided
17 by City hereunder shall be located in accordance with the mutual
18 agreement of the parties hereto. Said improvements to be con-
19 structed by City hereunder shall be in accordance with District's
20 specifications and the joint requirements of the parties hereto.
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3. Location and Ownership. The park and playground
22 facilities installed as provided herein shall be maintained on the
23 aforedescribed Del Vallejo Jr. High School grounds and shall at
24 all times be and remain the property of the District, subject to
25 City's right to use the facilities as provided herein. District
26 may, at its discretion, add improvements, including buildings, to
27 said school grounds.
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4. Cost of Construction. City shall assume and pay all
2 costs of construction of the lighting and back stop to provide
3 the adult softball field.
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5. Use. District shall have the first right to use said
5 park and playground area on said school grounds during regular
6 school hours, during regular established school terms, and summer
7 school terms during the term of this agreement. Provided, further,
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District shall have the first right of use of said park and play-
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ground for all school-sponsored events at times other than regular
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hours of school attendance during the above specified school terms.
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City shall have the right to the use of a ball field to be
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constructed upon the school grounds for organized City recreation
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purposes at all times other than those specifically designated
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for District's utilization. Public access to said park and play-
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ground areas shall be maintained at all times; provided, however,
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District and City shall have the right to restrict such access,
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upon 24-hours advance written notice to the other party, when
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necessary for maintenance of the property.
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6. Maintenance. City shall, at its expense, maintain
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the school grounds during the term hereof unless said maintenance
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items are hereinafter listed as being District's responsibility.
District shall repair and maintain the turf areas and an
adequate sprinkler system in a usable condition at all times
during the term of this agreement in order to assure that the park
and playground turf areas are kept in usable condition at all
times.
City shall be responsible for the maintenance of the
lighting system for the term hereof. City's maintenance shall
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include the replacement of bulbs, fixtures, fuses, switches, and
all other items necessary to maintain the ball field lighting
system.
District's maintenance of the field and the sprinkler
system shall include the application of necessary water, soil
amendment and fertilizers, the mowing of the grass, and all
necessary repairs to the sprinkler system in order to maintain
the field in a satisfactory usable condition.
7. Water and Electricity. District shall supply and bear
the cost of all water to be used in maintaining tne grass and
planting areas for the term hereof. If a water meter is neces-
sary in order to enable a billing to District for said water,
District shall, at its expense, provide for such a water meter and
the installation thereof. City shall bear the cost of all
electricity used for illuminating the park and playground. City
shall be responsible for installation of any necessary electrical
meters, and for all charges for such electricity. In the event
that District closes Del Vallejo Junior High School, the City
shall assume all charges and responsibility for water, electricity
and maintenance of all parts of the park and playground.
8. Fencing. City shall install additional fences that
may become necessary for the use of the ball field to be con-
structed upon the school grounds. The location of the fences
shall be made by City with the prior written approval of District
and in accordance with District's specifications.
9. Hold Harmless. City agrees to indemnify and hold
District harmless from any loss, liability, claim, suit or judg-
ment resulting from work done or omitted by the City in carrying
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1 out this agreement. Additionally, the City agrees to indemnify
2 and hold District harmless from any loss, liability, claim, suit
3 or judgment arising out of pUblic park use of the grounds covered
4 by this agreement by members of the public when school is not in
5 session, and said grounds are not in use for a school-sponsored
6 event.
7 District agrees to indemnify and hold City harmless from
8 any loss, liability, claim, suit or judgment resulting from work
9 or acts done or omitted by District in carrying out this agree-
10 ment. The provisions are included in accordance with Government
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Code Section 895.4 and are applicable to all parties hereto to the
extent authorized by ,law. Additionally, the District agrees to
indemnify and hold City harmless from any loss, liability, claim,
suit or judgment arising out of use of the grounds covered by
this agreement when school is in session or during school-sponsored
events.
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10. Cancellatiol;l and Option. City shall have the option
to discuss the purchase of the school grounds hereinabove des-
cribed in the event that District, in its sole discretion,
determines that Del Vallejo Junior High School is no longer
needed for District's purposes. In the event the school grounds
are sold by District, District may declare this agreement to be
cancelle~ in which event City shall be entitled to remove any
improvements constructed by City.
11. Rules and Regulations. City and District agree to
jointly formulate rules and regulations for use of said school
grounds and to enforce said rules for their respective uses
provided for herein.
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12. Non-Assignable. Both parties agree not to assign any
2 right or privilege connected with this agreement.
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13. Grant by State of California. It is understood and
by the parties hereto that the terms and provisions of the
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'agreed
within
agreement are contingent upon the awarding by the State of
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6 California, Department of Parks and Recreation, of a grant for
1 this project.,
14. Notices. All notices herein required shall be in
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9 writing and delivered in person or sent by first class mail,
10 postage prepaid, addressed as follows:
II
City of San Bernardino
Parks & Recreation Dept.
300 North "0" Street
San Bernardino, CA 92418
San Bernardino City Unified
School District
799 North "F" Street
San Bernardino, CA
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15. Entire Agreement. This agreement represents the
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entire agreement between the parties hereto, and said agreement
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can only be amended by a written agreement executed by both
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parties.
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IN WITNESS WHEREOF, the parties hereto have executed this
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agreement on the date first hereinabove written.
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CITY OF SAN BERNARDINO
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AT'rEST:
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23
~ty Clerk
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BY
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HAROLD L. BORING, .0.
Asst. Supt., Admin trative Services
APPROVED AS TO FORM
DAT~22&m /)"-, fCt 7 '1
1'.: .~ ::~, r."<r~t;~ COU~HY GaU~ISEL
S:\I ~ L ')~, \"J;;'W COUi~TY Ct\UfJr:NIA
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BY (. c~"'"7'DEPUTY
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