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HomeMy WebLinkAbout12899 -- 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. /~%99 , , RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF. AN AGREEMENT WITH THE SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL PROVIDING FOR THE FUNDING OF A FLOAT FOR THE 1978 TOURNAMENT OF ROSES PARADE; AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO ECONOMIC DEVELOPMENT COUNCIL RELATING TO THE ADVANCING OF FUNDS FOR THE TOURNAMENT OF ROSES FLOAT WHICH SAID FUNDS ARE TO BE RECOVEllED FROM THE LAWSON REALTY COMPANY DONATION; AND REPEALING RESOLUTION NO. 12884. 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 her y authorized and directed to execute on behalf of said City an agreement with the San Bernardino Economic Development Council providing for the funding of a float for the 1978 Tournament of Roses Parade and an agreement with the San Bernardino Economic Development Council relating to the advancing of funds for the Tournament of Roses float which said funds are to be recovered from the Lawson Realty Company donation, copies of which are attached hereto, marked Exhibits "An and "B", respectively, and incorporated herein by reference as fully as though set forth at length. SECTION 2. Resolution No. 12884 is hereby repealed. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San ;L. . .kL,"'I:( 1-t.A/ Bernardino at ~"""';4 /"n.J...-u",..// / meet~ng thereof, held f!!.. day of /'///,1f/"""./'.: , 1977, by the following vote, AYES: dbuncilmen <:~A/A?,' ,~/J-, - ""/ ,Y1)/LJ on the to wit: NAYS: ABSENT: II ~. 1 2 3 4 S , 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The foregoing resolution is hereby approved this 9~ . ~1/~ day of s to form: Approv .~ FILED AU6 1 51977 I.UC~LLE GOFORTH, CIty Clerk ..~}; ~<'7~- / -2- .. l 1 2 3 4 5 AGREEMENT ---...------ (tournament of roses float - Lawson Realty contribution) THIS AGREEMENT is made and entered into this d,I{/' day of f o,~gvf;'j , 1977, by and between the CITY OF SAN BERNARDINO a lII\Ulicipal corporation, hereinafter called "City", and the SAN , BEftNARDINO ECONOMIC DEVELOPMENT COUNCIL, a non-profit association, 7 hereinafter called "Development Council". 8 WIT N E SSE T H: --------- 9 WHEREAS, city has previously entered into an agreement 10 wherein and whereby it is provided that the city agrees to 11 contribute the sum of seventeen thousand five hundred dollars 12 ($17,500.00) toward the cost of designing, constructing, entering 13 and operating an appropriate float in the Pasadena Tournament of 14 Roses Parade to be held on New Years Day, 1978; and 15 WHEREAS, the total estimated cost of the aforesaid will be 16 approximately the sum of thirty-five thousand dollars ($35,000.00) 17 and 18 WHEREAS, Lawson Realty Company of Newport Beach, California 19 has agreed to make a donation in the sum of nine thousand seven 20 hundred fifty dollars ($9,750.00) for ~hepurpose of aiding 21 in the effort to have a float in the 1978 Tournament of Roses 22 Parade; and 23 WHEREAS, said sum of nine thousand seven hundred fifty 24 dollars ($9,750.00) is to be paid by Lawson Realty to City in 25 accordance with the provisions of a letter agreement attached 26 hereto, marked Exhibit "I", and incorporated herein by reference; 27 and 28 WHEREAS, Development Council will need the additional nine , , . I 1 , 1 thousand seven hundred fifty dollars ($9,750.00) for the aforesaid 2 float purposes prior to the time the money will be received by City from the Lawson Realty company contribution; and 3 4 WHEREAS, City is agreeable to advancing funds to the Development Council for said float purposes in the amount of 5 6 an additional nine thousand seven hundred fifty dollars ($9,750.00 , 7 said sum to be recovered from the Lawson Realty company contribu- 8 9 tion, NOW, THEREFORE, in consideration of the mutual promises, provisions, covenants and legal detriments herein contained, it 10 11 is a9reed as follows: 1. City shall pay to Development Council, in accordance with the provisions of this agreement, an additional sum of 12 13 14 nine thousand seven hundred fifty dollars ($9,750.00) as an 15 additional contribution over and above City's initial seventeen 16 thousand five hundred dollars ($17,500.00) contribution. 17 2. Development Council shall make arrangements with 18 the float designer and shall have the right to approve the 19 theme and design of the float. 20 3. As a condition to City's making any payments to 21 Development Council hereunder, all agreements entered into 22 with respect to designing, entering, constructing, and operating 23 the float in the Rose Parade shall be SUbject to Development 24 Council obtaining the prior written approval of City's City 25 Administrator. 26 4. All sums required to be paid by City hereunder to 27 Development Council shall be paid in such amounts and at such 28 times and places as determined by City's City Administrator. -2- 1 5. Development Council shall file a report showing 2 an accounting of all expenditures and all revenues received, 3 from all sources including the City, relative to this agreement. 4 Said report shall be filed with the City Administrator on or S before January 31, 1978. , 6. It is understood that the contractual relationship 7 of Development Council to the City is that of independent contrac- 8 tor. Development Council shall be responsible for paying for 9 all costs incurred in connection with the entire Rose Parade 10 float program from its inception to final completion, and shall 11 hold City free and harmless from any and all liability therefor. 12 7. Development Council hereby agrees to, and shall, 13 hold City, its elective and appointive boards, commissions, 14 officers, agents and employees, harmless from any liability 15 for damages or claims for damage for personal injury, including 16 death, as well as from claims for property damage which may 17 arise from Development Council's operations under this agreement, 18 whether such operations be by Development Council 'or by any 19 one or more persons directly or indirectly employed by, or 20 acting as agent for Development Council. Development Council 21 agrees to, and shall, defend City and its elective and appointive 22 boards, commissions, officers, agents and employees from any 23 suits or actions at law or in equity for damages caused, or 24 alleged to have been caused, by reason of any of the aforesaid 25 operations. 26 8. This agreement represents the entire agreement of the 27 parties and may be amended or modified only by written agreements 28 signed by both parties and failure on the part of either party to -3- 1 enforce any provision of this agreement shall not be construed as 2 a waiver of the right to compel enforcement of such provision or provisions, nor act to release any surety from its obligations under this agreement. 9. Development Council understands and agrees that 3 4 5 6 City shall be entitled to the total nine thousand seven hundred 7 fifty dollars ($9,750.00) to be received from Lawson Realty 8 Company in accordance with the provisions of Exhibit "I" attached 9 hereto, and that the sums provided by City to Development Council 10 hereunder represent an advance payment of said sums. The 11 Development Council further releases City from any and all 12 claims to the aforesaid amounts to be contributed by Lawson 13 Realty Company pursuant to Exhibit "I". 14 10. This agreement shall not be assigned by Development 15 Council without the prior written consent of City. 16 IN WITNESS WHEREOF, the parties hereto have executed this 17 agreement on the day and year first above written. 18 CITY OF SAN \ ATTEST: 19 DEVELOPMEN 20 By 21 22 23 24 25 By 26 v 27 28 -4- - .' . . . '- ~. , - . The Lawson Realty 3416 Via Lido, Newport Beach, California 92663.714-675-4562 Company . July 20, 1977 Redevelopment Agency of the City of San Bernardino 300 North "D" Street San Bernardino, Calfiornia 92418 This letter will serve to modify the offer of a donation to the City of San Bernardino as contained in our memorandum dated July 6, 1977. We understand that the Redevelopment Agency and the Mayor and Common Council of the City of San Bernardino have unconditionally approved the right of the Lawson Realty Company to a Finder's Fee for the Kennedy Cadillac relocation and development. It is our further understanding that the City Attorney has approved the legali ty of our claim to .this Finder's Fee. As an indication of our appreciation for your consideration in this matter and our continued interest in the growth and development of the City of San Bernardino, we wish to make a donation which will benefit the overall co@munity. We believe the proposed entry of a float in the 1978 Tournament of Roses is.a worthwhile endeavor and hereby assign the sum of $9,750.00, from the Finder's Fee approved for payment to us to be used,as a donation for this purpose. Please consider this letter as your authorization to pay the sum of $3,250., from each of the three Finder's Fee payments due us for the Kennedy Cadillac development, to the City of San Bernardino with a request that the total amount of these three sums ($9,750) be used to defray the costs of having a float in the 1978 Tournament of Roses Parade depi'cting San Bernardino as an "All America City." '. The City of San Bernardino and the All American City Committee may incur such obligation and indebtedness as they may believe appropri- ate, in reliance upon the receipt of this donation as pledged herein; and the Redevelopment Agency of the City of San Bernardino may pay the donation. as outlined above, without further instruction or authorization from us. By: I cc: Hayor and COl!1I!lon Counqi:; City Administrator V City Attorney City Clerk EXHIBIT "I" The Honorable Mayor and Coason Council Sub.titution of San Bernardino Bc:onoaie Counoil for All ....ric. City C~t.tee in the TournllJl8Dt of Ro.e. Ploat Agreement Ralph B. Prince City At'torn.y August. 8, 1977 700.1 PROPOSED ACTION: Th. agreement "ith the All Amarica Cit.y Co-.it.tee for the funding' of . Saft Bern.rdino float. at the AIUlual '1'ournaaent of Ro... P.rade in P...dan. be replao.d with. simil.r aqr....nt "ith the San Bernardino loonOlllic D.velopMnt Counoil. BAClCGROtlND INJ'OltNATION: The All Americ. City committ.. i. an unincorpor.ted ...ooia- tion of pelWClD.. B.nCA, peraonal liabilhy could b. illpO.ed upon the _lIber. of the Co~ttee in the ....nt of aft .ccident. A .ub.titution of the Saft Bernardino Bc:onoa1c D.wlop_nt Council, a California Corporat.ion, for the All ABerica City c~tt.. in sUClh a;re...t "ould make the corpor.tion liabl.. Th. eqre.MIlt of the All America City CoDittee has not y.t been execute4 and, th.r.fore, do.. not have to be cancell.d or terain.t.d. RALPH H. PRIlilCB Ci t.y Attorn.y RHP:dr ce: City Adainistrator City Cl.rk PORM MO'1'IONI I IIIOV. to ,,&1 w furth.r r..dinq of the r.solution ud adopt 8aid re.olut.ion.