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Home My WebLink About2009-087 1 RESOLUTION NO, 2009- 87 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AMENDMENT NO. I TO THE CONTRACTUAL AGREEMENT BETWEEN THE CITY OF 4 SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR SHARED USE OF THE RECREATION FACILITIES AT THE GALAXY BUILDING 5 AND NORTON RECREATION CENTER, AND EXERCISING THE ONE YEAR RENEWAL OPTION FROM AUGUST I, 2009 THROUGH JULY 31, 2010, 6 7 WHEREAS, the City of San Bernardino and the San Bernardino City Unified School 8 District have an existing Agreement for use of 1494 and 1554 E. Art Townsend Drive, Buildings 178 9 & 812, San Bernardino, which expires on July 31, 2009, with a one-year option to renew ("the 10 Agreement") which was approved by Resolution No, 2007-321; and, 11 WHEREAS, the Parties wish to amend the Agreement to allow for the PSA's expanded 12 use of the Premises; and, 13 WHEREAS, the Parties wish to exercise their option to renew the Agreement for an 14 additional year; 15 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 16 17 SECTION I. The Interim City Manager is hereby authorized and directed to execute the 18 First Amendment to Agreement Between the San Bernardino City Unified School District and the City 19 of San Bernardino for Use of 1494 and 1554 E. Art Townsend Drive, Buildings 178 & 812, San 20 Bernardino ("the Amendment"), a copy of which is attached hereto and incorporated in full herein as 21 Exhibit "A." 22 SECTION 2, Inasmuch as the parties have agreed to exercise their option to extend the 23 Agreement one-year, the new termination date of the Agreement, as amended, is July 31,2010. 24 SECTION 3, The effective date of the Amendment is April 21, 2009; therefore, any 25 payments or responsibilities of the parties due in the month of April, 2009, shall be prorated 26 accordingly. 27 SECTION 4. The authorization to execute the Amendment if it is not executed by both 28 parties and returned to the city Clerk within 60 days of the passage of this Resolution, 2009-87 1 RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AMENDMENT NO. I TO THE CONTRACTUAL AGREEMENT BETWEEN THE CITY OF 2 SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR SHARED USE OF THE RECREATION FACILITIES AT THE GALAXY BUILDING 3 AND NORTON RECREATION CENTER, AND EXERCISING THE ONE YEAR RENEWAL OPTION FROM JULY I, 2009 THROUGH JUNE 30, 2010. 4 5 6 I HEREBY CERTIFY that the foregoi.nl2. Resolution was duly adopted by the Mayor and J <not Common Council of the City of San Bernardino at a regular meeting thereof, held ~n the .2{Lday of April , 2009, by the following vote, to wit: 7 8 COUNCIL MEMBERS: AYES 9 ESTRADA -----.lL 10 BAXTER -1L 11 BRINKER ------X- 12 SHORETT ------X- 13 KELLEY ------X- 14 JOHNSON ------X- 15 MC CAMMACK 16 17 18 NAYS ABSTAIN ABSENT -----X- ~~ /.J ,~ Rae el Clark, City Clerk 19 The foregoing Resolution is hereby approved this ,,;J-!. day of April ,2009, 20 21 . 22 yor 23 Approved as to form: 24 25 BY:\~ - Special ounsel 26 27 28 EXHIBIT ,"A" 2009-87 FIRST AMENDMENT TO AGREEMENT BETWEEN SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND CITY OF SAN BERNARDINO FOR USE OF 1494 and 1554 E. ART TOWNSEND DRIVE WHEREAS, the City of San Bernardino ("City") and San Bernardino City Unified School District ("S.B,U,S,D,") have an Agreement for use of 1494 and 1554 E, Art Townsend Drive, Buildings 178 & 812, San Bernardino("Premises"), which expires on July 31,2009, with a one-year option to renew ("the Agreement"), approved by Resolution No, 2007-391; and, WHEREAS, the Premises are to be used by and for the Public Safety Academy("PSA"), a charter school; and, WHEREAS, the Parties wish to amend the Agreement to allow for the PSA's expanded use ofthe Premises; WHEREAS, the Parties wish to exercise their option to renew the Agreement for an additional year; and, NOW, THEREFORE, the parties agree to amend the following paragraphs in the Agreement to read as follows: "I. PREMISES: CITY hereby grants to S,B.C,U.S.D, the right to use portions of Building No. 178 ("Galaxy Building") located at 1494 E, Art Townsend Drive and portions of Building No, 812 ("Norton Recreational Center" or "Norton Gym") located at 1554 E. Art Townsend Drive, for the PSA as set forth in Paragraph 6, below." "2, TERM: This Agreement, as amended, is effective beginning April 21, 2009 and continuing through July 31,2010, with a one-year option to renew with the mutual agreement of both CITY and S.B.C.U.S.D, "3, RENT: S.B.C,U,S,D. shall pay monthly rent to CITY in the amount of $4,000, payable to "City of San Bernardino" by the first of each month, "6, USE and SUPERVISION: The Premises shall be used by S,B,C,U.S,D, and CITY on an exclusive, joint or scheduled basis as follows: a. The Galaxy Building: (i) CITY will have exclusive use ofthe following areas on the first floor: Kitchen area First floor office First floor office Total 408 sq. ft, 143 sq. ft. 137 SQ. ft, 688 sq, ft, 1 2009-87 FIRST AMENDMENT TO AGREEMENT BETWEEN SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND CITY OF SAN BERNARDINO FOR USE OF 1494 and 1554 E, ART TOWNSEND DRIVE (ii) S,B.C.U,S,D, shall have exclusive use of the following areas: Entire Second Floor Stairs Emergency Exit First floor storage room First floor storage room Windowed office area First floor classroom First floor classroom First floor classroom Total 7,007 sq, ft. 149 sq. ft, 112 sq, ft, 170 sq.ft, 173 sq, ft. 261 sq, ft, 1,144 sq. ft. 770 sq, ft. 805 sa, ft, 10,591 sq. ft, (iii) CITY and S,B,C.U.S,D, shall have joint use of the first floor common areas consisting of: Entry/foyer Reception area Outside kitchen area Hallway area Restrooms Total 740 sq, ft, 1,034 sq, ft. 536 sq. ft, 167 sq, ft. 402 sa, ft, 2,879 sq, ft. (iv) CITY shall have exclusive control of the use of the "Ballroom," with the following exception. S,B.C,U.S,D. may utilize the westernmost third ofthe Ballroom as a classroom Monday through Friday during the hours of7:00 a,m, to 2:00 p,m. The classroom shall be portable to accommodate CITY uses as needed, said accommodation to be made by S,B.C.U,S,D. S,B,C.U.S.D,shall repair or replace and maintain the folding partition door that separates the westernmost third from the remainder of the Ballroom, CITY's usage may include weddings, receptions, business meetings and/or other uses by third parties. Whichever party has use of the area shall leave it clean and in its original condition prior to the other party's use thereof. b, The Norton Recreational Center (i) S,B,C.U,S,D, shall have exclusive use of the following areas to serve as classroom space for PSA students: 2 2009-87 FIRST AMENDMENT TO AGREEMENT BETWEEN SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND CITY OF SAN BERNARDINO FOR USE OF 1494 and 1554 E. ART TOWNSEND DRIVE Northwest storage room Northwest meeting room Total 660 sq, ft, 861 Sq. ft. 1,521 sq, ft. (ii) S,B.C,U.S,D, shall have the right to use of the following areas on Monday through Friday from 7: 15 a.m. to 3 :00 p,m., with the exception of CITY observed holidays: Gymnasium Lobby area Foyer Men's & Women's restrooms Total 9,072 sq, ft. 848 sq. ft. 293 sq, ft. 426 Sq. ft, 10,639 sq, ft, (iii) CITY shall have exclusive use of the areas in Paragraph 6(b )(ii), above, at all other times. c, Pool and shower facilities directly north of the Galaxy Building S.B,C,U,S,D, shall have exclusive use of the pool and shower facilities directly north of the Galaxy Building for future classroom use as may be required by PSA to accommodate growth in student enrollment. d, Vacant lot between Galaxy Building and Norton racquetball courts S,B.C,U.S,D, may, at its option and its own expense, place modular units to serve as classroom space in the vacant lot between Galaxy Building and Norton racquetball courts. Any and all permit acquisition and installation of utility lines are the sole responsibility ofS,B.C,U.S.D, Upon termination of this Agreement, S,B.C,U,S.D, shall remove said modules at its own expense and leave the property in the same condition as it was at the time such modules were placed there," e, Supervision of Norton Recreational Center and Galaxy Building shall be as follows: (i) PSA shall hire existing part-time CITY personnel, at rates comparable to what they currently receive from CITY, to supervise the Norton Recreational Center operations Monday through Friday, 11:00 a.m, to 8:00 p.m" and Saturday, 9:00 a.m, to 2:00 p.m, 3 2009-87 FIRST AMENDMENT TO AGREEMENT BETWEEN SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND CITY OF SAN BERNARDINO FOR USE OF 1494 and 1554 E. ART TOWNSEND DRIVE (ii) CITY shall supervise regular rentals of the Galaxy Ballroom and Norton Recreational Center amenities, (iii) Revenue received from programming and rentals shall' continue to be collected by PSA and deposited to the CITY's general fund, (iv) CITY shall continue to employ one 75% FTE in the Recreation Coordinator classification to manage facility rentals, handle cash and coordinate equipment and facility repairs, " "12, UTILITIES: CITY shall furnish to the Premises and pay all service charges and related taxes for electricity, water, sewer gas and refuse services, S.B.C,U.S,D, shall reimburse CITY for 100% of all utility costs (i,e" water, electric, refuse and natural gas) for both the Galaxy Building and the Norton Gym. CITY will bill S.B.C.U.S,D. on a quarterly basis. S,B,C,U,SD. shall also continue to pay the cost of the existing burglar/fire alarm system for the Galaxy Building." THE PARTIES FURTHER AGREE that all other terms and conditions of the Agreement shall remain the same, This Amendment is effective on April 21, 2009, IN WITNESS THEREOF, the parties have executed this Agreement as set forth below, Dated: ~ .,). r, 2009 CITY OF SAN BERNARDINO Dated~( ~ ,2009 SAN BERNARDINO CITY UNIFIED SCHO (;!~ ~ Approved as to form: \4- Sp'(;cial Co I for City of San Bernardino 4