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RESOLUTION NO. UCY3
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH THE SAN BERNARDIN
3 CITY UNIFIED SCHOOL DISTRICT RELATING TO THE USE OF THE COUNCIL
CHAMBERS TO LIMIT THE TERM OF THE A~REEMENT TO THREE YEARS.
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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 a First Amendment to Agreement with the San Bernardino City
9 Unified School District relating to the use of the Council Chamber
10 to limit the term of the agreement to three years as required by
11 provisions of the Education Code, a copy of which is attached
12 hereto, marked Exhibit "A" and incorporated herein by reference
13 as fully as though set forth at length.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Cornmon Council of the City of San
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day of ,)l~eJ
, 1977, by the following
Bernardino at a
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on the ) 9 ."
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meeting thereof, held
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vote, to wit:
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AYES:
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NAYS:
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ABSENT:
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The foregoing resolution is hereby app d this O?/~~ day
of ~~~~ , 1977.
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City San Bernardino
, LEO
DEe 231977
_ -u~~ GpFORtH", City Clerk
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A G R E E ME N T
(Use of Council Chambers)
THIS AGREEMENT is made and entered into this
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day
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of
, 1977, by and between the CITY OF SAN
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BERNARDINO, a municipal corporation, hereinafter referred to as
"City", and the San Bernardino City Unified School District, of
San Bernardino County, a School District, hereinafter referred to
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as "Licenseell.
WIT N E SSE T H:
WHEREAS, Licensee is desirous of conducting night School
Board meetings; and
WHEREAS, Licensee does not presently have a suitable place
to conduct said meetings; and
WHEREAS, the Mayor and Common Council of said City desire
to grant permission to Licensee, subject to certain terms and
conditions, to permit Licensee to conduct certain night School
Board meetings in the Council Chambers of City Hall, 300 North
18 i'O" 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 parties 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 "On 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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between the hours of 6:30 p.m. and 2:00 a.m. of the following
day.
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2. Term. The term of this license shall be on a month to
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mont;h basis commencing Oct.ober 20, 1977.
3. Utilities. Licensee agrees to pay all charges for
electricity, gas, or other utilities provided or furnished or
used on the premises during the term of this agreement and the
period of time that Licensee uses premises, at the rate of $8.79
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per hour.
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4. Maintenance. Licensee agrees to pay any additional
custodial charges incurred by City as a result of Licenseels use
of the premises, at the rate of $2.50 per hour.
5. Right to InsPflct. City shall have access to said
premises at any and all reasonable times to inspect same to
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determine compliance with this agreement by Licensee.
6. Security. Licensee shall be responsible for maintain-
ing the premises in a secure condition during the period of this
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agreement and shall protect the premises from vandalism, malicious
mischief, and the like. Licensee shall assure that Board
personnel, witnesses and spectators remain on the First Floor
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(Council Chambers).
7. Premises in Good Condition. Licensee hereby acknow-
ledges the receipt of the premises, and every part thereof, in
good condition and repair.
8. No Waste on Premises. Licensee shall not commit, or
allow to be committed any waste on the premises, or nuisance, nor
shall it use or allow the premises to be used for an unla,...ful
purpose.
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9. Licensee to Safeguard Premises. Licensee will safe-
guard the premises and be responsible for any?~amage that may
occur to the premises during Licensee ,,, use hereunder. Licensee
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shall designate a person to be responsible for setting up the
facility for each Board session, in~luding a~tivating the public
address system, positioning microphones, telephones, name plates,
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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.
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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.
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11. Hold Harmless.
Licensee hereby agrees to, and shall,
17 hold City its elective and appointive boards, commissions,
18 officers, agents and employees harmless from any liability for
19 damage or claims for damage for personal injury, including death,
20 as well as claims for property damage which may arise from
22 tions be by Licensee or by anyone or more persons directly or
21 Licensee's operations under this agreement, whether such opera-
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 alleqed to have been caused, by reason of any of Licensee's
28 operations hereunder.
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12. Surrender of Premises. Upon termination of this
agreement as hereinafter provided, Licensee shall quit and
surrender the premises in as good a state and condition as they
were in at the commencement of the occupancy by Licensee pursuant
to the provisions hereunder, reasonable use and wear thereof
excepted.
13. Default. Should Licensee default in any of its
obligations hereunder or in the performance of any other covenants
and agreements herein contained, this agreement, at the option of
the City, shall wholly cease and terminate and City may re-enter
the premises and remove all persons and property therefrom.
14. Insurance. Licensee agrees to purchase and maintain
during the term hereunder, public liability insurance to protect
against any liability to the public incident to the use of or
resulting from any accident occurring in or about said premises;
liability under such insurance is to be not less than $100,000
for anyone person injured, or $200,000 for anyone accident, or
$50,000 for property damage. Licensee shall furnish City with
certificates of insurance as evidence of Licensee's compliance
with the foregoing provisions.
15. 9ity~~ight to Use Premises. If City needs to use
the premises on any of the times designated herein as times of
use by Licensee, it may do so upon giving Licensee thirty (30)
days advance written notice.
16. Termination. Either party may terminate this agree-
ment by giving advance written notice of termination to the other
arty at least thirty (30) days prior to the desired termination
ate.
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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 "D" Street
San Bernardino, CA 92418
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.
10 ATTEST:
CITY OF S.?\N BERNARDINO
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By
W. R. HOLCOMB
Mayor
LUCiLLE GOfORTH
CTty Clerk
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SAN BE~~ARDINO CITY UNIFIED
15 SCHOOL DISTRICT
16 ATTEST:
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j' ).J,
~j.CU/VL .,
C a1rman, San Bernardi
Unified School Distric
By
Clerk of the Board of
20 Supervisors
21 ~Lpproved as to form:
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23 /s/ Ralph H. Prince
City Attorney
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County Counsel
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APPRO JiVE AS T. 0 F.ORf,.1 1':'(;",' /Tn! -c., ",.11 Hi . .,;.t I
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AMENDMENT #1
AGREEMENT
(USE OF COUNCIL CHAMBERS)
The Agreement between the City of San Bernardino and the
San Bernardino City Unified School District, effective October 20, 1977,
is hereby amended as follows:
1. Term of Agreement. The term of this Agreement shall
be on a month-to-month basis commencing October 20,
1977, and terminating October 19, 1980.
2. All other terms and conditions of the Agreement
described above shall remain in full force and effect.
CITY OF SAN BERNARDINO
SAN BERNARDINO CITY UNIfIED
SCHOOL DISTRICT
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l ~~~/9;77
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l :L.ll III
Dated:
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