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RESOLUTION NO. /2.:2. 7'7
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CIVIC LIGHT
OPERA ASSOCIATION REGARDING THE REFURBISHING OF THE CALIFORNIA
THEATER.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said
City an agreement with the San Bernardino Civic Light Opera
Association regarding the refurbishing of the California Theater,
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 ~ r.r~A:/~{/~/)+. p14~ meeting thereof,
held on the /,:( '>>I da/of __'-4~_ ' 1976, by the follow-
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ing vote, to wit:
AYES: Councilmen (I~7"""'-1 :4..x;dA.;?,~
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NAYS: ~n_pY",,'~) ~/,L~
ABSENT: ~&.t'JN...."....j~...".J ~"r./
Approved as to form:
FILED
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JAN 14 1976
L~OEOR~H. Cltx ~
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A G R E E MEN T
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THIS AGREEMENT is made and entered into this /.:3Yf. day
of ~. ,'976, by and between tho C1TY OF SAN
BER RDINO, municipal corporation, hereinafter called "City",
and the SAN BERNARDINO CIVIC LIGHT OPERA ASSOCIATION, a non-profit
California Educational corporation, hereinafter called "Opera".
WIT N E SSE T H:
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WHEREAS, "Opera" is the lessor under a lease with the
Redevelopment Agency of the City of San Bernardino of a certain
building and facility known as the California Theater situated at
562 West Fourth Street, San Bernardino, California; and
WHEREAS, said Theater is located within the area of the
Parking and Business Improvement Area of the City of San
Bernardino; and
WHEREAS, said Theater building is a unique, cultural,
historical structure, and is an asset to the Parking and Business
Improvement Area of the City of San Bernardino and to the
businesses located within said Area; and
WHEREAS, certain aspects of said unique structure are in
need of refurbiShing; and
WHEREAS, the Central City Parking and Business Improvement
Area Advisory Board has approved the expenditure hereinafter set
forth for the purposes specified herein,
NOW, THEREFORE, in consideration of the mutual provisions,
covenants, conditions, and legal detriments herein contained, it
is agreed as follows:
1. City shall pay the total sum of $15,000 at such times
and amounts as may be approved by the Director of Finance
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Ii from funds of the parking and Business Improvement Area of the Cit
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lof San Bernardino to "Opera" to be used exclusively for providing
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(new carpeting, wall mirrors, removing the lobby candy shell,
II painting of the lobby and mezzanine areas of said Theater and
'related purposes.
2. The Mayor and Common Council of City find and determine
that such contemplated refurbishing when completed will generally
promote the retail trade activities of the area encompassed by
said Area.
3. Upon the completion of the aforesaid refurbishing,
should any portion of said sum be unexpended, then such portion of
any remaining funds shall be returned to City by "Opera".
4. "Opera" shall submit an accounting of the proposed
and actual expenditures of said funds including the line item
amounts and purposes for which said funds have been spent or
obligated to the City Administrator with a copy to the Director
of Finance of City. Said funds shall only be used for the purpose
set forth herein and shall not include payments for management,
administrative or general purposes. Fiscal records shall be
maintained by "Opera" in such a manner to permit the City to
easily trace the expenditures of the funds. All books and records
of "Opera" are to be kept open for inspection at any time during
the regular business hours by the City or its officers or agents.
"Opera" shall comply with any rule or regulation of the Mayor
and Common Council concerning the expenditures of said funds.
5. "Opera" hereby covenants and agrees to indemnify and
save harmless the City and its employees and agents from all
liabilities and charges, expenses (including counsel fees), suits
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losses however occurring, or damages arising or growing out of
2 the use or receipt of the funds paid hereunder and all operations
3 under this agreement; payments hereunder are made with the under-
4 standing that the City is not involved in the performance of
5 services or other activities of "Opera". "Opera" and its
6 employees and agents are independent contractors and not employees
7 or agents of the City in performing said services.
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6. If "Opera" shall fail to comply with any term,
9 condition or provision of this agreement or to expend or use the
10 funds as herein provided, the City may terminate this agreement
11 by mailing written notice to "Opera", and this agreement shall
12 thereupon terminate forthwith.
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7. City shall have the right to terminate this agreement
14 and any funding hereunder for any reason by mailing a ten (~O)
15 day written notice to "Opera" and this agreement shall terminate
16 ten (10) days after the mailing of such notice; and thereafter
17 any unpaid funds shall not be prorated or paid to "Opera".
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8. This agreement shall not be assigned by "opera" with-
19 out the prior written consent of City.
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9. Time is of the essence with respect to the performance
21 of the terms and conditions of this agreement.
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10. All notices herein required shall be in writing, and
23 delivered in person or sent by certified mail, postage prepaid,
24 as follows:
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City of San Bernardino
City Hall
3&0 North "D" Street
San Bernardino, CA 92418
San Bernardino Civic Light
Opera Assoc.
2079 North "E" Street
San Bernardino, CA
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4 IN WITNESS WHEREOF, the parties have hereto executed this
5 agreement on the date first hereinabove written.
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CITY OF SAN BERNARDINO
ATTEST:
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SAN BERNARDINO CIVIC LIGHT OPERA
ASSOCIATION
Bye
Title
Approved as to form:
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J.ty torney
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