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RESOLU'J'ION NO. /,;2. t,.s 7
2 RESOLUTION OF THE CITY OF SN~ BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO PAGEANT
3 ASSOCIATION RELATING TO THE SAN BERNARDINO HISTORICAL PAGEill~T.
4 BE IT RESOLVED BY THE MAYOR AND CO~WON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
authorized and directed to execute on behalf of said City an
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agreement with San Bernardino Pageant Association relating to the
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San Bernardino Historical Pageant, a copy of which is attached
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hereto, marked Exhibit "An and incorporated herein by reference
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as fully as though set forth at length.
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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4./~ ~Aj,
1976, by the following
meeting thereof, held
Bernardino at a
.,<df
on the crO- day of
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16 vote, to wit:
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AYES: counciilmen (~:~ c;l~A~ ~~
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NAYS: '-7:;L-rl/ /
ABSENT: '7~ L/
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y , >, ,'/e' citj-d::~'
resolution is hereby appr~y-S'd this ,.:2;< 01 day
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The foregoing
i't""d-rJ,LJ,
1976.
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I\ayo of ;the City/of
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San Bernardino
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of
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ApprOVe)il) as to
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orney
form: ''')
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LUCIL1.E GOFORTH. ~ C1wK
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FILED
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A G R E E MEN T
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(historical pageant)
S-~day of
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THIS AGREEMENT is made and entered into this
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~, 19~ by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter called "City", and the SAN
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BEffi~ARDINO PAGEANT ASSOCIATION, a nonprofit corporation, herein-
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after called "Association".
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WIT N E SSE T H:
9 WHEREAS, the Association has been established for the
10 purpose of developing and presenting an annual outdoor pageant
11 depicting the special role which the San Bernardino area played
12 in the early history of California; and
13 WHEREAS, the Association has requested that City assist in
14 the physical preparation of the pageant site and to advance the
15 total sum of seven thousand dollars ($7,000.00) to be used
16 exclusively to supplement Association resources in the preparation
17 for and the presentation of the pageant; and
18 WHEREAS, the City is willing to advance the requested funds
19 to assist in financing activities for the San Bernardino Historica
20 Pageant; and
21 WHEREAS, this funding by City will promote the interests
22 and image of City and of City's citizens,
23 NOW, THEREFORE, in consideration of the agreements,
24 covenants, conditions, promises, and legal detriments herein
25 contained, the parties hereto agree as follows:
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1. City shall advance to Association the total sum of
27 seven thousand dollars ($7,000.00), payable as follows:
28 $3,000.00 on March 1, 1977
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$4,000.00 on May 1, 1977.
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2. The funds provided to Association pursuant to the pro-
3 visions of this agreement shall be used for the purposes set
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hereto and incorporated herein by
I forth on Exhibit "r" attached
I reference as though set forth
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at full and at length.
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3. Association shall charge reasonable admission fees to
7 I the planned pageant and shall reimburse the City for funds
8 advanced hereunder on a pro-rata basis with any other parties who
9 may have advanced funds to the Association for purposes of the
10 pageant. This reimbursement shall be limited to the extent that
11 the revenues from the pageant exceed the expenses incurred by
12 Association in connection with the pageant.
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4. City shall assist Association in the preparation of the
14 proposed site of the pageant at Blair Park and in the preparation
15 of parking areas and other physical facilities in the vicinity of
16 the park proposed for use in connection with the pageant.
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5. This agreement shall be effective on the 1st day of
18 March, 1977, and shall continue in effect until the 28th day of
19 February, 1978, and all disbursements required hereunder shall be
20 made as provided in Paragraph 1 above unless this agreement is
21 terminated as hereinafter provided.
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6. Association shall submit, at such times and places as
23 may be requested by the Director of Finance of City, a progress
24 accounting of the expenditures and proposed expenditures of said
25 funds including the amounts and purposes for which the said funds
26 have been spent or obligated.
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7. City shall not be liable for any other or additional
28 expenditures of funds pursuant to the provisions of this agreement
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2 the Mayor and Common Council.
1 unless such expenditures are specifically budgeted or approved by
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8. Should the Association fail to comply with any term,
4 condition or provision of this agreement or to expend or use the
5 funds as herein provided, the City may terminate this agreement by
6 giving written notice to Association and thereupon this agreement
7 shall terminate forthwith. Under such circumstances Association
8 shall return all unexpended funds to City, and City shall be under
9 no further obligation to Association hereunder.
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9. Association hereby agrees to, and shall, hold City,
11 its elective and appointive boards, cormnissions, officers, agents
12 and employees harmless from any liability for damage or claims
13 for damage for personal injury, including death, as well as from
14 claims for property damage and all other claims which may arise
15 from Association's operations, whether such operations be by
16 Association or by anyone or more persons directly or indirectly
17 employed by or acting as agent for Association. Association
18 agrees to and shall defend City and its elective and appointive
19 boards, commissions, officers, agents and employees froIn any suits
20 or actions at law or in equity for damages caused, or alleged to
21 I have been caused, by reason of any of the aforesaid operations.
,
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23 delivered in person or sent by certified mail, postage prepaid,
10. All notices herein required shall be in writing and
24 addressed as follows:
25 City of San Bernardino
City Hall
26 300 North "D" Street
San Bernardino, Ca. 92418
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San Bernardino Pageant Association
Dennis Wardle, President
c/o San Bernardino County Recorder's Office
5th Floor Courthouse Addition
San Bernardino, Ca. 92401
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4 IN WITNESS WHEREOF, the parties hereto have executed this
5 agreement on the date hereinabove written.
6 CITY OF SAN BERNARDINO
ATTEST:
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,
~ -f.-l :",,:~~_ ;" L - C " ":-'>.....J-.~.;1 .'
City Clerk
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APpro;e,~ l f~~.#m:
../\~o/t;h?;?:/)
cxty Att rney
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SAN BERNARDINO PAGEill~T ASSOCIATION
BY~~'~~ _
Title Pll~.
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