HomeMy WebLinkAbout12840
1
2
..... 3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.r
RESOLUTION NO. /..:2 -f,;0
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE BOARD OF WATER COMMISSIONERS
RELATING TO THE USE OF PALM: FIELD FOR RECREATIONAL PURPOSES.
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 Board of Water Commissioners relating to the
use of Palm Field for recreational purposes, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a ,~~~Jj~~ meeting thereof, held
on the ~!)YJ day of I" ~~ J , 1977, by the following
vote, to wit: t/
AYES:
NAYS:
ABSENT: ~r ~1 .:?./
~~/P./5_ ~.,.; d
c-- / City (4'erk
The foregoing resolution is hereby approved this ~~~ day
of ~p J , 1977.
tl
26
Approv~as to form:
:,ct~~~
111" 'f en
I:.,lrED
;
1
2
3
AGREEMENT
---------
5
(Palm Field)
THIS AGREEMENT is made and entered into this ,~~~day of
, 1977, by and between the BOARD OF WATER
hereinafter called "Board", and the CITY OF SAN
4
COMMI
, BERNARDINO, a municipal corporation, hereinafter called "CityU,
7 WIT N E SSE T H:
----------
8 WHEREAS, the lot and parcel of real property which is the
9 subject of this agreement has been dedicated and accepted to the
10 City for use for the Board; and
11 WHEREAS, the Board desires to permit City to use said lot
12 and parcel of real property for recreational purposes so long as
13 it does not interfere with Board's use and need therefor; and
14 WHEREAS, it is not contemplated that said property will
15 be needed for municipal Water Department use during the term
16 hereof;
17 NOW, THEREFORE, in consideration of the covenants, promises
18 and agreements herein contained, it is mutually agreed as follows:
19
1. Property to be Used by City. Board agrees to allow
20 and permit City to use that certain parcel of real property
21 situated on the north side of East 6th Street, in the City of San
22 Bernardino, County of San Bernardino, State of California, more
23 particularly described in Exhibit "I", which is attached hereto
24 and by this reference made a part hereof as fully as though set
25 forth at length herein, and improvements presently located thereon
26 for the term of ten (lOr years, commencing February 1, 1977 and
27 ending February 1, 1987.
28
2. Use. It is agreed that the premises are for use as
.
.
1 a soft ball diamond and that City has previously provided land-
2 scaping and other required improvements. It is agreed that the
3 premises shall be used solely for park and recreational purposes
4 for the residents of the City of San Bernardino, without discrim-
5 ination as to race, color, creed, national origin or religion.
6
3. Maintenance.. City will as.~e all maintenance of the
7 grounds, landscaping and buildings, and will provide appropriate
8 janitorial services.
9
4. Rules and Regulations. Any rules and regulatiuaa
10 adopted by City for the use and operation of the building or lands
11 of the premises shall be subject to the approval of Board.
12
5. Covenants of Parties. City covenants and agrees with
13 Board as follows:
14
(a) That it will not use said premises for any unlaw-
15 ful purposes;
16
(b) That it will use said premises in a careful and
17 prudent manner;
18
(c) That it will comply with such lawful requirements
19 of State, municipal and public authorities as relate to its use
20 and occupancy of said premises;
21
(d) That it will maintain said premises and improve-
22 ments and make all replacements and repairs necessary to said
23 premises and improvements during the term hereof, ordinary wear
24 and tear excepted;
25
(e) That it will permit Board to examine said premises
26 during the usual business hours; and
27
(f) That it will pay for all gas, electricity, light,
28 heat, power, water and other service or utility used on or
-2-
, .
1 supplied to said premises.
2
6. Improvements. There shall be no structural additions
3 or changes in the property or landscaping of the premises without
4 the written approval of the Board.
s
,
7. Liability. This agreement is made upon the express
condition that the Board shall be free from all liabilities and
7
8.
9
10
claims for damages and/or suits for or by reason of any injury
or injuries to any person or persons or property of any kind
whatsoever, whether the person or property of City, its agents or
employees, or third persons, from any cause or causes whatsoever
while in or upon said premises, or any part thereof, during the
term of this agreement, or occasioned by any occupancy or use of
I said premises, or any activity carried on by City in connection
!therewith, and City hereby covenants and agrees to indemnify and
11
12
13
14
15
save harmless the Board from all liabilities, claims, suits or
16
losses however occurring or damages growing out of same.
17
8. Amendments. This agreement may be amended or modified
18 only by written agreements signed by both parties, and the failure
19 on the part of either party to enforce any provision of this
20 agreement shall not be construed as a waiver of the right to
21 compel enforcement of such provision or provisions, nor act to
22 release any party or surety from its obligations under this agree-
23 ment.
24
9. No Waiver by Omission to Enforce. No acquiescence,
25 failure or neglect of either Board or City to insist on strict
26 performance of any or all of the terms hereof in one instance shal
27 be considered or constitute a waiver of the right to insist upon
28 strict performance of the terms hereof in any subsequent instance.
-3-
,
1
10. General Conditions. Each and all of the terms and
2 agreements herein contained shall be binding upon and inure to the
3 benefit of the successors in interest of Board and City respective
4 ly. It is hereby covenanted and agreed that time is of the
5 essence of this agreement, except where otherwise expressly pro-
6 vided.
7 If any section, paragraph, sentence, clause, phrase, or
8 portion of this agreement ,is invalid, or shall be held to be
9 invalid, such invalidity shall not affect the validity of the
10 balance or remainder.
11 There are no covenants and warranties other than those
12 expressed herein.
13
11. Termination. The City agrees that the Board may
14 terminate this agreement at any time by giving notice in writing
15 to City at least one year prior to the date when such termination
16 shall become effective.
17 IN WITNESS WHEREOF, the parties hereto have executed this
18 agreement on the date first hereinabove written.
19 BOARD OF WATER COMMISSIONERS
20
21
22
23
CITY OF SAN
ATTEST:
24
FILED
JUN 241971
LUCILLE GOFORTH, _ CIIrIl
~.J. /l1.c-:.4:,2.?J:..:.._
25
26
27
28
_4_
t1
.. '!~ .:
" c
I:
i
I
1
EXHIBIT "I"
2
Beginning at the southwest corner of the east 10 acres of
Lot 5, Block 43, R. S. B., as recorded in Book 7, Page 22, in the
office of the County Recorder, County of San Bernardino, State of
3
4
5 California. Said point being the southwest corner of the property
6 conveyed to the City of San Bernardino by deed recorded in Book
7 332, Page 185, Official Records of said County; thence north along
8 the west line of said 10-acre parcel, 365.8 feet; thence east
9 112.6 feet; thence north 23.7 feet; thence east 120.5 feet MIL to
10 the west curb line of an existing concrete drive; thence south
11 along said curb line 390.4 feet to the north property line of 6th
12 Street; thence west along the north property line of 6th Street
13 234.0 feet, MIL to the point of beginning. Containing 2.03 acres
14 more or less.
15
16
17
18
19
20
21
22
23
24
25
26
27
28