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RESOLUTION NO. /c:?:?:?tJ
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN A~NT WITH THE SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT ~TING PERMISSION FOR THE USE OF THE COUNCIL
CHAMBERS FOR THE CONDUCTING OF NIGHT SCHOOL BOARD MEETINGS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
8 an Agreement with the San Bernardino City Unified School District
9 granting permission for the use of the Council Chambers for the
10 conducting of night School Board meetings, a copy of which is
11 attached hereto, marked Exhibit "A" and incorporated herein by
12 reference as fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
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16
Bernardino
at a .~/~
/7~ aayof #~
,
, 1977, by the following
meeting th~f,
held on the
17 vote, to wit:
18 AYES:
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20
~ %>Ld.)
~tft;4t~""/
resolution is hereby approved this / <i-t7i
NAYS:
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ABSENT:
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The ~oregoin9'
&U~
, 1977.
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day of
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A G R E E ME N T
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(Use of Council Chambers)
THIS AGREEMENT is made and entered into this /$
day
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of~
, 1977, by and between the CITY OF SAN
5 BERNARDINO, a municipal corporation, hereinafter referred to as
6 "City", and the San Bernardino City Unified School District, of
7 San Bernardino County, a School District, hereinafter referred to
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as "Li1ensee".
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WIT N E SSE T H:
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10 WHEREAS, Licensee is desirous of conducting night School
II Board meetings; and
12 WHEREAS, Licensee does not presently have a suitable place
13 to conduct said meetings; and
14 WHEREAS, the Mayor and Common Council of said City desire
15 to grant permission to Licensee, subject to certain terms and
16 conditions, to permit Licensee to conduct certain night School
17 Board meetings in the Council Chambers of City Hall, 300 North
18 "0" Street, san Bernardino, California; and
19 WHEREAS, Licensee desires to comply with the terms of this
20 license,
21 NOW THEREFORE, for and in consideration of the mutual
22 promises and covenants herein contained, the patties do hereby
23 agree as follows:
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1. City hereby gives permission, revocable and terminable
25 as hereinafter provided, to Licensee to use the Council Chambers,
26 City Hall, 300 North "0" Street, San Bernardino, as a meeting
27 room of the Board of Education of the San Bernardino City Unified
28 School District, on the first and third Thursday of each month
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1 between the hours of 6:30 p.m. and 2:00 a.m. of the following
2 day.
3 2. Term. The term of this license shall be on a month to
4 month basis commencing October 20, 1977.
5 3. Utilities. Licensee agrees to pay all charges for
6 electricity, gas, or other utilities provided or furnished or
7 used on the premises during the term of this agreement and the
8 period of time that Licensee uses premises, at the rate of $B.79
9 per hour.
10 4. Maintenance. Licensee agrees to pay any additional
11 custodial charges incurred by City as a result of Licensee's use
12 of the premises, at the rate of $2.50 per hour.
13 5. Right to Inspect. City shall have access to said
14 premises at any and all reasonable times to inspect same to
15 determine compliance with this agreement by Licensee.
16 6. Security. Licensee shall be responsible for maintain-
17 ing the premises in a secure condition during the period of this
18 agreement and shall protect the premises from vandalism, malicio
19 mischief, and the liRe. Licensee shall assure that Board
20 personnel, witnesses and spectators remain on the First Floor
21 (Council Chambers).
22 7. Premises in Good Condition. Licensee hereby acknow-
23 ledges the receipt of the premises, and every part thereof, in
24 good condition and repair.
25 B. No Waste on Premises. Licensee shall not commit, or
26 allow to be committed any waste on the premises, or nuisance, nor
27 shall it use or allow the premises to be used for an unlawful
28 purpose.
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1 9. Licensee to Safeguard Premises. Licensee will safe-
2 guard the premises and be responsible for any damage that may
3 occur to the premises during Licensee's use hereunder. Licensee
4 shall designate a person to be responsible for setting up the
5 facility for each Board session, including activating the public
6 address system, positioning microphones, telephones, name plates,
7 etc., and to secure the equipment at the end of each session.
8 City will instruct the person so designated in the proper use
9 and storage of such equipment.
10 10. Assignment. Licensee agrees not to assign any right
11 or privileges of this agreement without first obtaining the City's
12 written consent. One consent by City shall not be a consent to
13 a subsequent assignment. Licensee's unauthorized assignment
14 shall be void and shall terminate the agreement at the City's
15 option.
16 11. Hold Harmless. Licensee hereby agrees to, and shall,
17 hold City its elective and appointive boards, commissions,
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22 tions be by Licensee or by anyone or more persons directly or
23 indirectly employed by or acting as agent for Licensee. Licensee
24 agrees to and shall defend City and its elective and appointive
25 boards, commissions, officers, agents and employees from any
26 suits or actions at law or in equity for damages caused, or
27 alleged to have been caused, by reason of any of Licensee's
28 operations hereunder.
officers, agen ts and employees harmless from any liability for
damage or claims for damage for personal injury, including death,
as well as claims for property damage which may arise from
Licensee's operations under this agreement, whether such opera-
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12. Surrender of Premises. Upon termination of this
2 agreement as hereinafter provided, Licensee shall quit and
3 surrender the premises in as good a state and condition as they
4 were in at the commencement of the occupancy by Licensee pursuant
5 to the provisions hereunder, reasonable use and wear thereof
6 excepted.
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13. Default. Should Licensee default in any of its
8 obligations hereunder or in the performance &f any other covenants
9 and agreements herein contained, this agreement, at the option of
10 the City, shall wholly cease and terminate and City may re-enter
11 the premises and reIOOve all persons and property therefrom.
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14. Insurance. Licensee agrees to purchase and maintain
13 during the term hereunder, public liability insurance to protect
14 against any liability to the public incident to the use of or
15 resulting from any accident occurring in or about said premises1
16 liability under such insurance is to be not less than $100,000
17 for anyone person injured, or $200,000 for anyone accident, or
18 $50,000 for property damage. Licensee shall furnish City with
19 certificates of insurance as evidence of Licensee's compliance
20 with the foregoing provisions.
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15. City's Right to Use Premises. If City needs to use
22 the premises on any of the times designated herein as times of
23 use by Licensee, it may do so upon giving Licensee thirty (30)
24 days advance written notice.
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16. Termination. Either party may terminate this agree-
ment by giving advance written notice of termination to the other
party at least thirty (30) days prior to the desired termination
date.
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17. Notices. All notices herein required shall be in
2 writing and delivered in person or sent by certified mail,
3 postage prepaid, addressed as follows:
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City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
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San Bernardino City Unified
School District
799 North F Street
San Bernardino CA 92410
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first hereinabove written.
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10 ATTEST:
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~f'1
Ci ty Clerk' ,"
ATTEST:
Clerk of the Board of
20 Supervisors
21 Approved as to form:
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CITY OF SAN BERNARDINO
SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICT
By cna~~~ fan~dino City
Unified School District
County Counsel
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