HomeMy WebLinkAbout18- Parks, Recreation & Community Services CITY OF SAN BERV 1RDINO - REQUEST DR COUNCIL ACTION
From: Annie F. Ramos, Director Subject: RESOLUTION AUTHORIZING AGREEMENT FOR
JOINT USE OF MILL COMMUNITY CENTER
Dept: Parks, Recreation & Community Services WITH THE COUNTY OF SAN BERNARDINO FOR
Date: April 30 THE PERIOD JANUARY 1, 1992 AND ENDING
1993 DECEMBER 31, 1992 AND REPEALING RESOLUTIO
NO. 91-480.
Synopsis of Previous Council action:
November 15, 1976 - Council approved joint use agreement for term of 15 years.
Recommended motion:
Adopt the resolution.
Signature
Contactperson: Tom Boggs Phone: 5032
Supporting data attached: �taff Report Agreement Ward: 1
FUNDING REQUIREMENTS: Amount:
Source: (ACCT. N0.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
75.0262 Agenda Item No. /s/ _
CITY OF SAN BER!' 1RDINO - REQUEST f R COUNCIL ACTION
STAFF REPORT
RESOLUTION AUTHORING AGREEMENT
FOR JOINT USE OF MILL COMMUNITY
CENTER WITH THE COUNTY OF SAN
BERNARDINO COUNTY AND REPEALING
RESOLUTION NO. 91-480.
This resolution is to ratify the extension of the agreement for
joint use of Mill Community Center with the County of San
Bernardino for a one (1) year period commencing on January 1, 1992
and ending on December 31, 1992 and to repeal Resolution No. 91-
480.
This action is necessary because the original Agreement and
Resolution 91-480 which extended the agreement for 15 years was
lost in the processing by the County of San Bernardino and was not
signed within the 60 day signing period specified in the
resolution.
Another Resolution and agreement has been prepared to extend the
agreement for 15 years commencing on January 1, 1993 and ending on
December 31, 2008.
Recommend approval of the Resolution.
)5-0264
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2 RESOLUTION NO.
3
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
4 THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO RELATING TO THE JOINT USE OF THE MILL
5 COMMUNITY CENTER FOR THE PERIOD BEGINNING JANUARY 1, 1992
AND ENDING DECEMBER 31, 1992 AND REPEALING RESOLUTION 91-
6 480.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino
9 is authorized and directed to execute on behalf of said
10 City an agreement with the County of San Bernardino
11 relating to the joint use of the Mill Community Center,
12 a copy of which is attached hereto, marked Exhibit "A"
13 and incorporated herein by reference as fully as though
14 set forth at length.
15 SECTION 2. The authorization to execute the above
16 referenced agreement is rescinded if the parties to the
17 agreement fail to execute it within sixty (60) days of
18 the passage of this resolution.
19 SECTION 3 . Resolution 91-480 is hereby repealed.
20 I HEREBY CERTIFY that the foregoing resolution was
21 duly adopted by the Mayor and Common Council of the City
22 of San Bernardino at a meeting thereof,
23 held on the day of 1993
24 by the following vote, to wit:
25
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECTION OF AN AGREEMENT WITH THE COUNTY OF SAN
BERNARDINO RELATING TO THE JOINT USE OF THE MILL
3 COMMUNITY CENTER FOR THE PERIOD BEGINNING, JANUARY 1,
1992 AND ENDING DECEMBER 31, 1992 AND REPEALING
4 RESOLUTION NO. 91-480.
5 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14 Rachel Krasney, City Clerk
15 The foregoing resolution is hereby approved this
16 day of , 1993 .
17
18 W.R. HOLCOMB, MAYOR
City of San Bernardino
19
20 Approved as to
form and legal content:
21 James F. Penman
22 City Attorne �
23 By.
24
25
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A G R E E M E N T
2
(Mill Community Center)
3
THIS AGREEMENT is made and entered into this
4 day of 1993, by and between the City OF SAN
5 BERNARDINO, a municipal corporation, hereinafter referred
6 to as "City", and the COUNTY OF SAN BERBARDINO, a body
7 corporate and politic, a subdivision of the State of
8 California, hereinafter referred to as "County" .
9
10 W I T N E S S E T H•
11 WHEREAS, City and County jointly purchased and
12 jointly own all that real property known as the Mill
13 School Site, situated in the City of San Bernardino,
14 County of San Bernardino, State of California, and
15 described as follows:
16 East 1/2 and the north 424' of the west 1/2 of Lot
9, Block 55 of the twenty acre survey of Rancho San
17 Bernardino, as per plat recorded in Book 7 of Maps,
page 2 , records of said County,
18 for the purpose of developing Mill Community Center and
19 neighborhood park and have so developed said property and
20 shall further develop aid
p property for public use; and
21 WHEREAS, City and County are both desirous of
22 providing recreational and community service programs for
23 the benefit of residents of City and County,
24 NOW, THEREFORE, in order to make best possible use
25 of said property as a community center and neighborhood
26 park, it is hereby mutually agreed as follows:
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1. City shall provide an adequate recreational
2
program staff at the facility and integrate local
3
recreational activities into the overall recreation
4
program of the City.
5 2 . City shall maintain all buildings,
grounds and
6 installed equipment, subject to conditions as specified
7 herein. City shall respond to written notification from
8 County of conditions needing repair, within a reasonable
9 amount of time unless it is a health or safety hazard for
10 staff, children or
parents. In this instance, response
11 shall be made immediately.
12 3. City shall control the use of all the buildings
13 and other facilities at said ert ro
p p y as provided in the
14 City Municipal Code 12.80.
15 4. All electric
gas and water utilities shall be
16 listed in the name of the City.
17 5. County and/or its agents shall have the right
18 of first use of all areas marked in red on Exhibit "I",
19 attached hereto and incorporated herein by reference as
20 though set forth in full and at length. County hereby
21 expressly warrants and represents to City that the only
22 use that will be made of the aforesaid premises will be
23 for governmental or public purposes.
24 6. County shall promptly reimburse and
pay to
25 City, as hereinafter provided, all electric
gas and
26 water utility costs; electronic building security and
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I surveillance costs for such requirements allocated to its
2 area of use by County; and such other services supplied
3 by City as may from time to time be agreed upon in
4 writing by the parties hereto resulting from use of
5 premises by County or its agents. Such reimbursement
6 shall be computed on the basis of square footage of
7 building area utilized by County or its agents in
8 relating to the total square of those building areas
9 serviced on the property. The amount of square footage
10 so used by County shall be determined within thirty (30)
11 days of the effective date of this agreement.
12 7. County shall promptly reimburse City for all
13 ground maintenance and equipment maintenance cost
14 resultant from use of any portion of said property by
15 County and/or its agents. Such costs shall be based on
16 the actual labor and material costs incurred by City as
17 a result of such maintenance. If total cost exceeds
18 $500.00, City will obtain approval of County prior to
19 work being done.
20 8. The term of this agreement shall be for a
21 period of 1 year commencing January 1, 1992 and ending
22 December 31, 1992.
23 9. No improvements or alterations to said property
24 shall be made without the written approval of City for
25 County sponsored projects and the County for City
26 sponsored projects.
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1 10. City and County agree to indemnify, defend and
2 save harmless the other party from any and all claims,
3 losses and damages occurring or resulting from any
4 negligence or wrongful act or omission of the officers,
5 agents or employees of the party causing the negligence,
6 wrongful act or omission in the performance of this
7 contract, to the extent permitted by law.
8 11. If any legal action is instituted to enforce or
9 declare any party's rights hereunder, each party shall
10 bear its own costs and attorney's fees.
11 12 . All notices herein required shall be in writing
12 and delivered in person or sent by certified mail,
13 postage prepaid, addressed as follows:
14 Director of Parks, Facilities Management Dept.
Recreation & Community County of San Bernardino
15 Services Dept. 200 S. Lena Road
City of San Bernardino San Bernardino, Ca 92415
16 547 N. Sierra Way
San Bernardino, Ca 92410
17 13 . This agreement shall not be assigned by the
18 parties hereto.
19 14 . This agreement may be amended or modified only
20 by written agreements signed b both
9 y parties and failure
21 on the part of either party to enforce any provision of
22 this agreement shall not be construed as a waiver of the
23 right to compel enforcement of such provision or
24 provisions, nor act to release any surety from its
25 obligations under this agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed
2 this agreement on the date first hereinabove written.
3
4 ATTEST: CITY OF SAN BERNARDINO
5
6 City Clerk W.R. Holcomb, Mayor
City of San Bernardino
7 COUNTY OF SAN BERNARDINO
8
9 Approved as to form and
legal content:
10
11 James F. Penman
12 City Attorney
Chairman, Board of Supervisors
13
14 By 41 nW
15
16 ATTEST:
17
18
19 Clerk of the Board of
Supervisors
20
21
22 Approved as to form and
legal content:
23
24 Alan Marks
County Counsel
25 By
26 MillCommunityCenter-jj
27 4/22/93
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