HomeMy WebLinkAbout1986-309
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RESOLUTION NO. 86-309
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH AMERICAN YOUTH SOCCER ORGANIZATION
3 RELATING TO FUNDING FOR THE PURPOSE OF SEEDING AND FERTILIZING
THE SOCCER FIELDS LOCATED ON THE NORTHEAST CORNER OF PACIFIC AND
4 CENTRAL AVENUE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The Mayor of the City of San Bernardino is hereby
8 authorized and directed to execute on behalf of said City an
9 Agreement with American Youth Soccer organization relating to
10 funding for the purpose of seeding and fertilizing the soccer
11 fields located on the northeast corner of Pacific and Central
12 Avenue, a copy of which is attached hereto, marked Exhibit "A" and
13 incorporated herein by reference as fully as though set forth at
14 length.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of tpe City of San
17 Bernardino at a
regular
meeting thereof, held on
18 the
August
, 1986, by the following vote,
4th
day of
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AYES:
Council Members Estra~eilly, Hernandez, Marks,
Frazier, Strickler
NAYS:
None
ABSENT:
Council Member Quiel
~? ~.
"~:&/Z;r/l///A ,;:?... /0
/ City Clerk
The foregoing resolution is hereby approved this 5th
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~-;;:~f%h~ ~1/~{ikYBernardino
day
27 of
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August
, 1986.
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Approved as to form:
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A G R E E MEN T
2 (Community Service Organization)
3 THIS AGREEMENT is entered into at San Bernardino, California,
4 between the CITY OF SAN BERNARDINO, a municipal corporation,
5 referred to as "City", and AMERICAN YOUTH SOCCER ORGANIZATION, a
6 nonprofit community service organization, referred to as "Service
7 organization".
8 City and Service Organization agree as follows:
9 1. Recitals.
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A. Service organization has requested financial
11 assistance from City for the purpose of providing certain facility
12 improvements in the 20-acre soccer complex located on the
13 northeast corner of Pacific and Central Avenue.
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B. Service Organization represents that the expenditures
15 authorized by this agreement are to be used for the purpose of
16 seeding and fertilizing the soccer fields located on the northeast
17 corner of Pacific and Central Avenue, which site is leased by
18 Service Organization and is being used for soccer. A valid
19 municipal public purpose exists in that Service organization
20 assists the youth of San Bernardino by providing recreational
21 opportunities available to all young people in the area, and the
22 funds will be used to assist in upgrading the 20-acre soccer
23 complex.
24 2. Payment. City shall pay to Service Organization a sum
25 not to exceed $7,700 during the term of this agreement. Said sum
26 shall be paid within ten days of execution of this agreement.
27 Service Organization shall present written evidence satisfactory
28 to City's Director of Finance that Service Organization has
1 expended said sums for the purpose of seeding and fertilizing the
2 soccer fields.
3 3. Term. This agreement shall commence upon execution of
4 this agreement, and terminate June 30, 1987.
5 4. Use of Funds. The funds paid to Service Organization
6 shall be used by it solely for the purposes set forth in paragraph
7 IB of this agreement.
8 5. Servic.es Available to Residents. The services of Service
9 organization shall be made available to residents and inhabitants
10 of the City of San Bernardino.
11 6. Hold Harmless. Service organization agrees to indemnify
12 and save harmless the City and its employees and agents from all
13 liabilities and charges, expenses (including'counsel fees), suits
14 or losses however occurring, or damages arising or growing out of
15 the use or receipt of funds paid under this agreement, and all
16 operations under this agreement. Payments 4nder this agreement
17 are made with the understanding that the City is not involved in
18 the performance of services or other activities of Service
19 organization. Service organization and its employees and agents
20 are independent contractors and not employees or agents of City.
21 7. Amendment. This agreement may be amended or modified
22 only by written agreement signed by both parties and failure on
23 the part of either party to enforce any provision of this
24 agreement shall not be construed as a waiver of the right to
25 compel enforcement of any provision or provisions.
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8. Termination. City shall have the right to terminate this
27 agreement and any funding of Service organization for any reason
28 by mailing a ten day written notice to Service Organization and
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I this agreement shall terminate ten days after the mailing of such
2 notice.
3 9. Assignment. This agreement shall not be assigned by
4 Service Organization without the prior written consent of City.
5 10. Notices. All notices herein required shall be in
6 writing and delivered in person or sent by certified mail, postage
7 prepaid, addressed as follows:
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City Administrator
City Hall
300 North liD" Street
San Bernardino, CA 92418
DATED:
August 11, 1986
CITY OF SAN BERNARDINO
12 ATTEST:
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ci;E1 Clerk
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20 Approved as to form:
~: &!#P~
City Attorney
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Frank Lootens
P. O. Box 2855
San Bernardino, CA 92485
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(/~~ (/ . / I' J /~; J ,/
By 'fr-::- t.. I J/ .f1~ I d . C.- ~ l ..' ",t-t '
, / Mayor /
AMERICAN YOPTH SOCCER ORGANIZATION
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