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RESOLUTION NO. /.3/09
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE BOARD OF WATER COMMISSIONERS
RELATING TO CITY'S USE OF A CERTAIN LOT AND PARCEL OF REAL PROPERT
FOR RECREATIONAL PURPOSES.
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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
hereby authorized and directed to execute on behalf of said City
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, an Agreement with the Board of Water Commissioners relating to
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! City's use of a certain lot and parcel of real property for
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recreational purposes, a copy of which is attached hereto,
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marked Exhibit "A" and incorporated herein by reference as
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fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
:r::di;/ ;:. :f;j:=;t:.J, 1978,~:t~: ::::::~:eld
vote, to wit:
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foregoing resolution is hereby approv is //;0L day
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AYES:
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NAYS:
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ABSENT:
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of
, 1978.
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JAN 12 1978
lUCIL.\.f: 90f'ORTH. Cltv Clerll
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AGREEMENT
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(bicycle motocross)
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this l"l
day of
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THIS AGREEMENT is made and entered into
~'\A..~_' 1978, by and between the BOARD OF WATER
CO ISSIO~, hereinafter called "Board", and the CITY OF
SAN
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6 BERNARDINO, a municipal corporation, hereinafter called "City".
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8 WHEREAS, the lot and parcel of real property which is the
9 subject of this agreement has been dedicated and accepted by 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 be
15 needed for municipal Water Department use during the term hereof;
16 NOW, THEREFORE, in consideration of the covenants, pro-
17 mises and agreements herein contained, it is mutually agreed as
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1. Property to be Used by City. Board agrees to allow
and permit City to use that certain parcel of real property
situated in the City of San Bernardino, County of San Bernardino,
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State of California and described as follows:
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Beginning at the northwest corner of the east half
of Block seventy-six (76), as described in the
Plat of the TOWN OF IRVINGTON and the LANDS OF THE
IRVINGTON LAND AND WATER COMPANY, in the County of
San Bernar4ino, State of California, as per plat
recorded in Book 3 of Maps, Page 9, records of
said County; thence easterly a distance of 315
feet more or less along the north line of said
Block 76; thence south westerly a distance of 450
feet more or less along a line parallel to the
westerly line of the east half of said Block;
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thence westerly a distance of 315 feet more or less
along a line parallel to the north line of
said Block, arriving at the west line of the
east one half of said Block 76, thence north
easterly a distance of 450 feet more or less
along the west line of the east one half of
said Block to the true point of beginning.
and the improvements presently situated thereon for the term of
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I this agreement.
2. Term. The term of use shall be for a period of five
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(5) years,
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Use. City shall use the property for a bicycle moto-
commencing November 1, 1977 and ending October 31,
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I! cross track and
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other required improvements. The property shall
related uses. City has previously provided
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be used solely for park and recreational purposes for the residents
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Ilof the City of San Bernardino, without discrimination as to race,
color, creed, national origin or religion.
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4. Maintenance. City shall assume all maintenance of the
17 grounds and landscaping, and shall provide appropriate janitorial
18 services.
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5. Rules and Regulations. Any rules and regulations
20 adopted by City for the use and operation of the premises shall
21 be subject to the approval of Board.
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6. Covenants of Parties. City covenants and agrees with
23 Board as follows:
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(a) It will not use said premises for any unlawful
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(b) It will use said premises in a careful and prudent
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(c) It will comply with such lawful requirements of
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1 State, municipal and public authorities as relate to its use and
2 occupancy of said premises;
3 (d) It will maintain said premises and improvements
4 and make all replacements and repairs necessary to said premises
5 and improvements during the term hereof, ordinary wear and tear
6 excepted;
7 (e) It will permit Board to examine said premises
8 during the usual business hours;
9 (f) It will pay for all. gas, electricity, light,
10 heat, power, water and other service or utility used on or
11 supplied to said premises; and
12 (g) It will remove any or all structures built by City
13 property and restore area to its original grade, if operation of
14 the bicycle motocross should cease.
15 7. Improvements. There shall be no structural additions
16 or changes in the property or landscaping of the premises without
17 the written approval of the Board.
18 8. Liability. City shall hold the Board free from all
19 liabilities and claims for damages and/or suits for or by reason
20 of any injury or injuries to any person or persons or property
21 of any kind whatsoever, whether the person or property of City,
22 its agents or employees, or third persons, from any cause or
23 causes whatsoever while in or upon said premises, or any part
24 thereof, during the term of this agreement, or occasioned by
25 any occupancy or use of said premises, or any activity carried
26 on by City in connection therewith, and City hereby covenants
27 and agrees to indemnify and save harmless the Board from all
28 liabilities, claims, suits or losses however occurring or damages
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growing out of same.
9. Amendments. This agreement may be amended or modified
3 only by written agreements signed by both parties, and the
4 failure on the part of either party to enforce any provisions of
5 this agreement shall not be construed as a waiver of the right to
6 compel enforcement of such provision or provisions, nor act to
7 release any party or surety from its obligations under this agree-
8 ment.
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10. No Waiver by Omission to Enforce. No acquiescence,
10 failure or neglect of either Board or City to insist on strict
11 performance of any or all of the terms hereof in one instance
12 shall be considered or constitute a waiver of the right to insist
13 upon strict performance of the terms hereof in any subsequent
14 instance.
11. General Conditions. Each and all of the terms and
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16 agreements herein contained shall be binding upon and inure to
17 the benefit of the successors in interest of Board and City
18 respectively. It is hereby covenanted and agreed that time is
19 of the essence of this agreement, except where otherwise express-
20 ly provided.
21 If any section, paragraph, sentence, clause, phrase, or
22 portion of this agreement is invalid, or shall be held to be
23 invalid, such invalidity shall not affect the validity of the
24 balance or remainder.
25 There are no covenants and warranties other than those
26 expressed herein.
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12. Annual Rental Payment. City agrees to pay, and Board
28 agrees to accept, as rental for said premises during the term
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aforementioned, a rental at the rate of one dollar ($1.00) per
year payable commencing November 1, 1977 and continuing on or
before the first day of November each and every year thereafter
during the term hereof at 300 North "0" Street, San Bernardino,
California.
13. Notices. All notices to be given by either party to
the other shall be given in writing, delivered either personally
or by first class united States mail, postage prepaid to the
address for the parties as follows:
Park & Recreation Dept.
City Hall
300 North "0" Street
San Bernardino, CA 92418
Board of Water Commissione s
P. O. Box 710
San Bernardino, CA 92403
14. Termination. Either party may terminate this agree-
ment during its term by giving six months advance written notice
to the other party.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date first hereinabove written.
BOARD OF WATER COMMISSIONERS
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By . )7/A~u.J ~, .L{.(~
CITY OF ",SAN BERN I
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ATTEST:
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