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CITY OF SAN BERQRDINO - REQUEST Q)R COUNCIL ACTION
From: Ann i e F. Ramos, Di rector Subject: RESOLUTION AUTHORIZING AGREEMENT FOR
JOINT USE OF MILL COMMUNITY CENTER
Dept: Parks, Recreation & Community Services WITH THE COUNTY OF SAN BERNARDINO.
D~: October 29, 1991
.
Synopsis of Previous Councilection:
November 15, 1976 - Council approved joint use a9reement for term of 15 years.
Recommended motion:
Adopt the resolution.
L d. L..
Signature
Contact person: John A. Kramer
Supporting d~ attached: Staff Report, Agreement
Phone:
5031
1
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
IAcct. DescriPtion)
Finance:
Council Notes:
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JP
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CITY OF SAN BER~DINO - REQUEST FOR COUNCIL ACTION
RESOLUTION AUTHORIZING
AGREEMENT FOR JOINT
USE OF MILL COMMUNITY
CENTER WITH THE COUNTY
OF SAN BERNARDINO.
STAFF REPORT
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, grounds 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 MUlti-Purpose Room/Cafetorium, reducing their
area of use by approximately 2,300 square feet.
The joint use of Mill 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.
10/29/91
75.0264
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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.
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
j oint 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.
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
, 1991, by the following vote,
to wit:
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10/29/91
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13 Rachel Krasney, City Clerk
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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.
COUNCIL MEMBERS:
~
ABSTAIN ABSENT
NAYS
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
14 The foregoing resolution is hereby approved this
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day of
, 1991.
W. R. Holcomb, Mayor
city of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN
City A torney
10/29/91
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AGREEMENT
(Mill Community Center)
THIS AGREEMENT is made and entered into this
day
of
1991, by and between the CITY OF SAN
,
BERNARDINO, a municipal corporation, hereinafter referred to as
"City", and the COUNTY OF SAN BERNARDINO, a body corporate and
politic, a subdivision of the State of California, hereinafter
referred to as "County".
H 1. :t Ii ~ ~ ~ ~ :t H:
WHEREAS, city and County jointly purchased and jointly own
all that real property known as the Mill School Site, situated
in the City of San Bernardino, County of San Bernardino, State
of California, and described as follows:
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 r~corded 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 desirous 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. city shall provide an adequate recreational program
staff at the facility and integrate local recreational
10/29/91
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1 activities into the overall recreation program of the city.
2 2. City shall maintain all buildings, grounds and
3 installed equipment, subject to conditions as specified herein.
4 3. City shall control the use of all the buildings and
5 other facilities at said property as provided in the City
6 Municipal Code 12.50.
7 4. All electric, gas and water utilities shall be listed
8 in the name of the city.
9 5. County and/or its agents shall have the right of first
10 use of all areas marked in red on Exhibit "1", attached hereto
11 and incorporated herein by reference as though set forth in full
12 and at length. County hereby expressly warrants and represents
13 to City that the only use that will be made of the aforesaid
14 premises will be for governmental or public purposes.
15 6. County shall promptly reimburse and pay to City, as
16 hereinafter provided, all electric, gas and water utility costs:
17 electronic building security and surveillance costs for such
18 requirements allocated to its area of use by County: and such
19 other services supplied by City as may from time to time be
20 agreed upon in writing by the parties hereto resulting from use
21 of the premises by County or its agents. Such reimbursement
22 shall be computed by multiplying the total costs thereof by a
23 percentage computed on the basis of square footage of building
24 area utilized by County or its agents in relating to the total
25 square footage of those building areas serviced on the property.
26 The amount of square footage so used by County shall be
27 determined within thirty (30) days of the effective date of this
28 agreement and shall be adjusted on a quarterly basis thereafter
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beginning January 1, 1992.
7. County shall promptly reimburse City for all ground
maintenance and equipment maintenance cost resultant from use of
any portion of said property by County and/or its agents. Such
costs shall be based on the actual labor and material costs
incurred by City as a result of such use.
8. City shall prepare and submit to County on a quarterly
basis, beginning April 1, 1992, a statement of costs chargeable
to county pursuant to the provisions of Paragraph 6 and 7 hereof
for the preceding three month period. 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 of
fifteen (15) years commencing January 1, 1992 and ending January
1, 2007.
10. No improvements or alterations to said property shall
be made without the written approval of City for County
sponsored projects and the County for City sponsored projects.
11. City and County agree to indemnify, defend and save
harmless the other party from any and all claims, losses and
damages occurring or reSUlting from any negligence or wrongful
act or omission of the officers, agents or employees of the
party causing the negligence, wrongful act or omission in the
performance of this contract, to the extent permitted by law.
12. All notices herein required shall be in writing and
delivered in person or sent by certified mail, postage prepaid,
addressed as follows:
10/29/91
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Facilities Management Dept.
County of San Bernardino
200 S. Lena Road
San Bernardino, CA 92415
Director of Parks,
Recreation & Community
Services Dept.
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
13. This agreement shall not be assigned by the
parties hereto.
14. This agreement may be amended or modified only by
written agreements signed by both parties and failure on the
part of either party to enforce any provision of this agreement
shall not be construed as a waiver of the right to compel
enforcement of such provision or provisions, nor act to release
any surety from its obligations under this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove written.
ATTEST:
CITY OF SAN BERNARDINO
City Clerk
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form and
legal content:
COUNTY OF SAN BERNARDINO
James F. Penman
City Attorney
By ~~ 7.~
#T:
Chairman, Board of
Supervisors
Clerk of the Board of
Supervisors
Approved as to form and
legal content:
Alan Marks
County Counsel
By
10/29/91
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