HomeMy WebLinkAbout33- Mayor's Office C:1"f OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Resolution authorizing the
From: Mayor Tom Minor Subject: execution of cooperation agreements
between the U. S. Department of
Dept: Mayor' s Office �!* t Housing and Urban Development (HUD) ,
the City and various neighborhood
Date: September 25 , 1997 1` I� 100' OdO associations relating to graffiti
abatement and watering services for
vacant HUD properties.
Synopsis of Previous Council action:
02/17/97 -- Council approves a cooperation agreement with HUD, the
Arrowhead Neighborhood Association and Los Padrinos for a
6-month pilot project for lawn maintenance on eight HUD-owned
properties.
09/02/97 -- Council authorizes an addendum to the agreement, extending the
pilot project for an additional 30 days.
Recommended motion:
Adopt resolution.
ignature
Contact person: Lori Sassoon Phone: 5122
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount: $4 , 800 (maximum)
Source: (Acct. No.) Water Department funds
(Acct. Description)
Finance:
Council Notes:
Res 97- _30�
ID
79_n-7G9 hi- 33
STAFF REPORT
Background
Since March 1, 1997, the Arrowhead Neighborhood Association has been watering the lawns
of vacant HUD properties in its association area. This pilot program was made possible by a
cooperative agreement between the Association, HUD, Los Padrinos, and the City of San
Bernardino. Under the agreement, HUD assumed liability, the City Water Department provided
water service free of charge, Los Padrinos provided landscape maintenance assistance, and the
members of the Arrowhead Association watered the lawns and monitored the properties.
Evaluation of the Pilot Project
The parties involved have evaluated the pilot project and agreed that it has helped to improve
the appearance of the affected neighborhood. Because the landscaping is well-maintained, these
vacant homes appear to be occupied, and less vandalism and other illegal activity is occurring
on the properties.
The members of the Arrowhead Neighborhood Association report that the watering project has
motivated others in the area to clean up their properties and improve the neighborhood. In
addition, the Association has noted that the vacant HUD homes that are cared for now sell at
a much faster rate than had been seen in the past.
Expansion of the Watering Proemmm
Based on the success of the pilot project, it is recommended that the watering project be
continued in the Arrowhead Association area, and expanded to include four (4) other
neighborhood associations that have asked to participate: Del Rosa Neighborhood Action Group,
Cajon Neighborhood Association, Neighborhood Improvement Association, and Perris Hill
Neighborhood Association.
The Board of Water Commissioners has agreed to provide water to a maximum of eight (8)
homes at any time in each of the five (5) association areas for a period of one year. HUD has
also agreed to expand the project and accept liability. The City has committed to provide graffiti
abatement services on these properties.
In the new agreements, Los Padrinos will no longer be a party in a direct way. HUD's real
estate asset manager, In-Town Properties, is now mowing and edging the lawns. The
neighborhood associations agreed that there is no need for Los Padrinos to continue to provide
additional lawn care.
Recommendation
It is recommended that the Council adopt the resolution.
C rr
1 COOPERATION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO,
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
2 AND THE ARROWHEAD NEIGHBORHOOD ASSOCIATION
RELATING TO GRAFFITI ABATEMENT SERVICES AND TO WATER SERVICES
3 OF VACANT PROPERTIES AS OWNED BY THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
4
This agreement, made and entered into this 15th day of October, 1997 by and between the
5
city of San Bernardino (hereinafter"City"); Department of Housing and Urban Development
6
(hereinafter "HUD"); and individual homeowners in the City of San Bernardino known as the
7
A46whead Neighborhood Association, an unincorporated not-for-profit organization (hereinafter
"Association"):
9
WHEREAS,HUD is the owner of certain vacant properties located in the City of San
10
Bernardino, California("the Premises"); and
11
WHEREAS,HUD, City, and Association ("the Parties") believe that graffiti abatement and
12
watering and lawn cutting are in the vital and best interests of HUD, the City of San Bernardino
13
and the health, safety and welfare of its residents; and
14
WHEREAS,the Parties wish to voluntarily cooperate to care for the Premises;
15
NOW THEREFORE,in accord with the public purposes and provisions of applicable federal,
16
state and local law and requirements, the Parties agree to the following:
17
SECTION 1. PURPOSE OF THE AGREEMENT:
18
The purpose of this Agreement is to commence a project to provide graffiti abatement
19
20 service, water service and grounds service for no more than eight (8) Premises at any given time,
as agreed, located in the City of San Bernardino within the boundaries of the Association.
21 -
SECTION 2. TERM:
22
23 The term of this Agreement shall commence on October 15, 1997 ("Commencement
24 Date") and end on October 14, 1998 ("Termination Date") unless sooner terminated by the
25 Parties. The Parties may, at any time prior to the Termination Date, agree to expand, modify
or otherwise continue this Agreement past the Termination Date.
26
SECTION 3. SERVICES:
27
The City agrees to apply for, pay and provide water service to the Premises for the term
28
JFP:ema[HUD.Agr] 1
I of this Agreement or until there is a change of ownership prior to the Termination Date.
2 SECTION 4. VOLUNTARY SERVICES:
3 HUD further agrees to allow the Association, City, and/or City's Contractor to enter the
4 property for the purposes of graffiti abatement, lawn watering, and trash removal services as
5 further described below.
6 A. VOLUNTARY SERVICES BY THE ASSOCIATION.
7 The Association, without expense to HUD, agrees to provide volunteer lawn watering
8 services, including turning on and off of sprinklers for the front and visible back and/or side
9 yards. The Association will also pick up trash in the front and visible back and/or side yards.
10 B. VOLUNTARY SERVICES BY CITY:
11 City agrees to provide graffiti abatement services for the Premises where graffiti is visible
12 from the street.
13 SECTION 5. USES:
14 The Association, City, and/or City's Contractor shall not do or permit others to when
15 they are present on the Premises, nor bring or keep or permit when they are present, to be
16 brought or kept in the Premises, anything (a) which is prohibited by or in conflict with any law,
17 ordinance, or governmental rule or, (b) which is prohibited by the standard form of fire insurance
18 policy. The Association, City, and/or City's Contractor shall not use or store on the Premises any
19 hazardous or toxic substances, with the sole exception of reasonably necessary substances that
20 are kept in reasonably necessary quantities for normal residential operations, provided that their
21 use and storage are in accordance with applicable laws. The Association, City, and/or City's
22 Contractor shall not do or permit anything to be done when they are present on the Premises that
23 will obstruct or interfere with other uses of the Premises, or use or allow the Premises to be used
24 for any unlawful purposes to the best of their ability nor shall the Association, City, and/or City's
25 Contractor cause, maintain or permit when they are present any nuisance or waste on or about the
26 Premises.
27
28
JFP:ema[HUD.Agrl 2
I SECTION 6. RESPONSIBILITIES OF THE PARTIES:
2 Except for acts that constitute or result from criminal activity and acts that constitute
3 gross or reckless negligence, HUD will assume the risks of liability that arises as a result of
4 services for the properties provided by the parties pursuant to this agreement.
5 SECTION 7. TERMINATION BY ASSOCIATION:
6 The Association agrees to notify HUD and City within ten (10) days if it is determined
7 that the Association will no longer service the property or participate in the manner mentioned
8 herein.
9 SECTION 8. TERMINATION BY CITY:
10 City agrees to notify HUD and Association within ten (10) days if it is determined that
11 City will no longer pay for and provide water service or participate in the manner mentioned
12 herein.
13 SECTION 9.TERMINATION BY HUD:
14 HUD agrees to notify The Association and City within ten (10) days if it is determined
15 that HUD will no longer participate in the manner mentioned herein.
16
17
CITY OF SAN BERNARDINO ARROWHEAD NEIGHBORHOOD ASSOCIATION,
18 An unincorporated not-for-profit association
19 r--
20 BY:_ ` BY:
Tom Minor,Mayor
21
22
U.S.DEPARTMENT OF HOUSING AND
23 URBAN DEVELOPMENT
24
BY:
25
26
27
28
JFP:ema[HUD.Agr] 3
cc �
1 COOPERATION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO,
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
2 AND THE DEL ROSA NEIGHBORHOOD ACTION GROUP
RELATING TO GRAFFITI ABATEMENT SERVICES AND TO WATER SERVICES
3 OF VACANT PROPERTIES AS OWNED BY THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
4
This agreement, made and entered into this 15th day of October, 1997 by and between the
5
city of San Bernardino (hereinafter"City"); Department of Housing and Urban Development
6
(hereinafter"HUD"); and individual homeowners in the City of San Bernardino known as the
Del Rosa Neighborhood Action Group, an unincorporated not-for-profit organization(hereinafter
8
"Association"):
9
WHEREAS,HUD is the owner of certain vacant properties located in the City of San
10
Bernardino, California("the Premises"); and
11
WHEREAS,HUD, City, and Association ("the Parties") believe that graffiti abatement and
12
watering and lawn cutting are in the vital and best interests of HUD, the City of San Bernardino
13
and the health, safety and welfare of its residents; and
14
WHEREAS,the Parties wish to voluntarily cooperate to care for the Premises;
15
NOW THEREFORE,in accord with the public purposes and provisions of applicable federal,
16
state and local law and requirements, the Parties agree to the following:
17
SECTION 1. PURPOSE OF THE AGREEMENT:
18
The purpose of this Agreement is to commence a project to provide graffiti abatement
19
service, water service and grounds service for no more than eight(8) Premises at any given time,
20
as agreed, located in the City of San Bernardino within the boundaries of the Association.
21
SECTION 2. TERM:
22
The term of this Agreement shall commence on October 15, 1997 ("Commencement
23
Date") and end on October 14, 1998 ("Termination Date") unless sooner terminated by the
24
Parties. The Parties may, at any time prior to the Termination Date, agree to expand, modify
25
or otherwise continue this Agreement past the Termination Date.
26
SECTION 3. SERVICES:
t 27
The City agrees to apply for, pay and provide water service to the Premises for the term
28
JFP:ema[HUD.Agrl 1
EXHIBIT "B"
I of this Agreement or until there is a change of ownership prior to the Termination Date.
2 SECTION 4. VOLUNTARY SERVICES:
3 HUD further agrees to allow the Association, City, and/or City's Contractor to enter the
4 property for the purposes of graffiti abatement, lawn watering,and trash removal services as
5 further described below.
6 A. VOLUNTARY SERVICES BY THE ASSOCIATION.
7 The Association, without expense to HUD, agrees to provide volunteer lawn watering
8 services, including turning on and off of sprinklers for the front and visible back and/or side
9 yards. The Association will also pick up trash in the front and visible back and/or side yards.
10 B. VOLUNTARY SERVICES BY CITY:
11 City agrees to provide graffiti abatement services for the Premises where graffiti is visible
12 from the street.
13 SECTION 5. USES:
14 The Association, City, and/or City's Contractor shall not do or permit others to when
i
15 they are present on the Premises, nor bring or keep or permit when they are present, to be
16 brought or kept in the Premises, anything (a) which is prohibited by or in conflict with any law,
17 ordinance, or governmental rule or, (b) which is prohibited by the standard form of fire insurance
18 policy. The Association, City, and/or City's Contractor shall not use or store on the Premises any
19 hazardous or toxic substances, with the sole exception of reasonably necessary substances that
20 are kept in reasonably necessary quantities for normal residential operations, provided that their
21 use and storage are in accordance with applicable laws. The Association, City, and/or City's
22 Contractor shall not do or permit anything to be done when they are present on the Premises that
23 will obstruct or interfere with other uses of the Premises, or use or allow the Premises to be used
24 for any unlawful purposes to the best of their ability nor shall the Association, City, and/or City's
25 Contractor cause, maintain or permit when they are present any nuisance or waste on or about the
26 Premises.
27
28
JFP:ema[HUD.Agrl 2
I SECTION 6. RESPONSIBILITIES OF THE PARTIES:
2 HUD will assume the risk for liability that arises as a result of services for the properties
3 provided by the parties pursuant to this agreement.
4 SECTION 7. TERMINATION BY ASSOCIATION:
5 The Association agrees to notify HUD and City within ten (10) days if it is determined
6 that the Association will no longer service the property or participate in the manner mentioned
7 herein.
8 SECTION 8. TERMINATION BY CITY:
9 City agrees to notify HUD and Association within ten (10) days if it is determined that
10 City will no longer pay for and provide water service or participate in the manner mentioned
11 herein.
12 SECTION 9.TERMINATION BY HUD:
13 HUD agrees to notify The Association and City within ten (10) days if it is determined
14 that HUD will no longer participate in the manner mentioned herein.
15
16
CITY OF SAN BERNARDINO DEL ROSA NEIGHBORHOOD ACTION GROUP,
17 An unincorporated not-for-profit association
18
19 BY: BY:
Tom Minor,Mayor
20
21
U.S.DEPARTMENT OF HOUSING AND
22 URBAN DEVELOPMENT
23
BY:
24
25
26
27
28
JFP:ema[HUD.Agr] 3
EXHIBIT "B"
Cam� if
I COOPERATION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO,
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
2 AND THE CAJON NEIGHBORHOOD ASSOCIATION
RELATING TO GRAFFITI ABATEMENT SERVICES AND TO WATER SERVICES
3 OF VACANT PROPERTIES AS OWNED BY THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
4
This agreement, made and entered into this 15th day of October, 1997 by and between the
5
city of San Bernardino (hereinafter"City"); Department of Housing and Urban Development
6
(hereinafter"HUD"); and individual homeowners in the City of San Bernardino known as the
ajon Neighborhood Association, an unincorporated not-for-profit organization (hereinafter
8
"Association"):
9
WHEREAS,HUD is the owner of certain vacant properties located in the City of San
10
Bernardino, California("the Premises"); and
11
WHEREAS,HUD, City, and Association("the Parties") believe that graffiti abatement and
12
watering and lawn cutting are in the vital and best interests of HUD, the City of San Bernardino
13
and the health, safety and welfare of its residents; and
14
WHEREAS,the Parties wish to voluntarily cooperate to care for the Premises;
15
NOW THEREFORE,in accord with the public purposes and provisions of applicable federal,
16
state and local law and requirements, the Parties agree to the following:
17
SECTION 1. PURPOSE OF THE AGREEMENT:
18
The purpose of this Agreement is to commence a project to provide graffiti abatement
19
service, water service and grounds service for no more than eight(8) Premises at any given time,
20
as agreed, located in the City of San Bernardino within the boundaries of the Association.
21
SECTION 2. TERM:
22
The term of this Agreement shall commence on October 15, 1997 ("Commencement
23
Date") and end on October 14, 1998 ("Termination Date") unless sooner terminated by the
24
Parties. The Parties may, at any time prior to the Termination Date, agree to expand,modify
25
or otherwise continue this Agreement past the Termination Date.
26
SECTION 3. SERVICES:
27
The City agrees to apply for, pay and provide water service to the Premises for the term
28
JFP:ema[HUD.Agrl 1
EXHIBIT "C"
I of this Agreement or until there is a change of ownership prior to the Termination Date.
2 SECTION 4. VOLUNTARY SERVICES:
3 HUD further agrees to allow the Association, City, and/or City's Contractor to enter the
4 property for the purposes of graffiti abatement, lawn watering,,and trash removal services as
5 further described below.
6 A. VOLUNTARY SERVICES BY THE ASSOCIATION.
7 The Association, without expense to HUD, agrees to provide volunteer lawn watering
8 services, including turning on and off of sprinklers for the front and visible back and/or side
9 yards. The Association will also pick up trash in the front and visible back and/or side yards.
10 B. VOLUNTARY SERVICES BY CITY:
11 City agrees to provide graffiti abatement services for the Premises where graffiti is visible
12 from the street.
13 SECTION 5. USES:
14 The Association, City, and/or City's Contractor shall not do or permit others to when
15 they are present on the Premises, nor bring or keep or permit when they are present, to be
16 brought or kept in the Premises, anything (a)which is prohibited by or in conflict with any law,
17 ordinance, or governmental rule or, (b) which is prohibited by the standard form of fire insurance
18 policy. The Association, City, and/or City's Contractor shall not use or store on the Premises any
19 hazardous or toxic substances, with the sole exception of reasonably necessary substances that
20 are kept in reasonably necessary quantities for normal residential operations, provided that their
21 use and storage are in accordance with applicable laws. The Association, City, and/or City's
22 Contractor shall not do or permit anything to be done when they are present on the Premises that
23 will obstruct or interfere with other uses of the Premises, or use or allow the Premises to be used
24 for any unlawful purposes to the best of their ability nor shall the Association, City, and/or City's
25 Contractor cause, maintain or permit when they are present any nuisance or waste on or about the
26 Premises.
t 27
28
JFP:ema[HUD.Agrl 2
I SECTION 6. RESPONSIBILITIES OF THE PARTIES:
2 HUD will assume the risk for liability that arises as a result of services for the properties
3 provided by the parties pursuant to this agreement.
4 SECTION 7. TERMINATION BY ASSOCIATION:
5 The Association agrees to notify HUD and City within ten(10) days if it is determined
6 that the Association will no longer service the property or participate in the manner mentioned
7 herein.
8 SECTION 8. TERMINATION BY CITY:
9 City agrees to notify HUD and Association within ten (10) days if it is determined that
10 City will no longer pay for and provide water service or participate in the manner mentioned
11 herein.
12 SECTION 9.TERMINATION BY HUD:
13 HUD agrees to notify The Association and City within ten(10) days if it is determined
14 that HUD will no longer participate in the manner mentioned herein.
15
16
CITY OF SAN BERNARDINO CAJON NEIGHBORHOOD ASSOCIATION,
17 An unincorporated not-for-profit association
18
19 BY: BY:
Tom Minor,Mayor
20
21
U.S.DEPARTMENT OF HOUSING AND
22 URBAN DEVELOPMENT
23
BY:
24
25
26
27
28
JFP:ema[HUD.Agrl 3
EXHIBIT "C"
CC P
1 COOPERATION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO,
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
2 AND THE NEIGHBORHOOD IMPROVEMENT ASSOCIATION
RELATING TO GRAFFITI ABATEMENT SERVICES AND TO WATER SERVICES
3 OF VACANT PROPERTIES AS OWNED BY THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT .
4
This agreement, made and entered into this 15th day of October, 1997 by and between the
5
city of San Bernardino (hereinafter"City"); Department of Housing and Urban Development
6
(hereinafter"HUD"); and individual homeowners in the City of San Bernardino known as the
Neighborhoo i mpro em6h ssocrat<lon,'In unincorporated not-for-profit organization
8
(hereinafter"Association"):
9
3 WHEREAS,HUD is the owner of certain vacant properties located in the City of San
10
Bernardino, California("the Premises"); and
11
WHEREAS,HUD, City, and Association ("the Parties") believe that graffiti abatement and
12
watering and lawn cutting are in the vital and best interests of HUD, the City of San Bernardino
13
and the health, safety and welfare of its residents; and
14
WHEREAS,the Parties wish to voluntarily cooperate to care for the Premises;
15
NOW THEREFORE,in accord with the public purposes and provisions of applicable federal,
16
state and local law and requirements, the Parties agree to the following:
17
SECTION 1. PURPOSE OF THE AGREEMENT:
18
The purpose of this Agreement is to commence a project to provide graffiti abatement
19
service, water service and grounds service for no more than eight (8) Premises at any given time,
• 20
as agreed, located in the City of San Bernardino within the boundaries of the Association.
21
SECTION 2. TERM:
22
The term of this Agreement shall commence on October 15, 1997 ("Commencement
23
Date") and end on October 14, 1998 ("Termination Date") unless sooner terminated by the
24
Parties. The Parties may, at any time prior to the Termination Date, agree to expand, modify
25
or otherwise continue this Agreement past the Termination Date.
26
SECTION 3. SERVICES:
27
The City agrees to apply for, pay and provide water service to the Premises for the term
28
JFP:ema[HUD.Agrl 1
EXHIBIT "D"
I of this Agreement or until there is a change of ownership prior to the Termination Date.
2 SECTION 4. VOLUNTARY SERVICES:
3 HUD further agrees to allow the Association, City, and/or City's Contractor to enter the
4 property for the purposes of graffiti abatement, lawn watering,,and trash removal services as
5 further described below.
6 A. VOLUNTARY SERVICES BY THE ASSOCIATION.
7 The Association, without expense to HUD, agrees to provide volunteer lawn watering
8 services, including turning on and off of sprinklers for the front and visible back and/or side
9 yards. The Association will also pick up trash in the front and visible back and/or side yards.
10 B. VOLUNTARY SERVICES BY CITY:
11 City agrees to provide graffiti abatement services for the Premises where graffiti is visible
12 from the street.
13 SECTION 5. USES:
14 The Association, City, and/or City's Contractor shall not do or permit others to when
15 they are present on the Premises, nor bring to or keep or permit when they are present, o b e
16 brought or kept in the Premises, anything (a) which is prohibited by or in conflict with any law,
17 ordinance, or governmental rule or, (b) which is prohibited by the standard form of fire insurance
18 policy. The Association, City, and/or City's Contractor shall not use or store on the Premises any
19 hazardous or toxic substances, with the sole exception of reasonably necessary substances that
20 are kept in reasonably necessary quantities for normal residential operations, provided that their
21 use and storage are in accordance with applicable laws. The Association, City, and/or City's
22 Contractor shall not do or permit anything to be done when they are present on the Premises that
23 will obstruct or interfere with other uses of the Premises, or use or allow the Premises to be used
24 for any unlawful purposes to the best of their ability nor shall the Association, City, and/or City's
25 Contractor cause, maintain or permit when they are present any nuisance or waste on or about the
26 Premises.
27
28
JFP:ema[HUD.Agrl 2
I SECTION 6. RESPONSIBILITIES OF THE PARTIES:
2 HUD will assume the risk for liability that arises as a result of services for the properties
3 provided by the parties pursuant to this agreement.
4 SECTION 7. TERMINATION BY ASSOCIATION:
5 The Association agrees to notify HUD and City within ten (10) days if it is determined
6 that the Association will no longer service the property or participate in the manner mentioned
7 herein.
8 SECTION 8. TERMINATION BY CITY:
9 City agrees to notify HUD and Association within ten(10) days if it is determined that
10 City will no longer pay for and provide water service or participate in the manner mentioned
11 herein.
12 SECTION 9.TERMINATION BY HUD:
13 HUD agrees to notify The Association and City within ten(10) days if it is determined
14 that HUD will no longer participate in the manner mentioned herein.
15
16
CITY OF SAN BERNARDINO NEIGHBORHOOD IMPROVEMENT ASSOCIATION,
17 An unincorporated not-for-profit association
18
19 BY: BY:
Tom Minor,Mayor
20
21
U.S.DEPARTMENT OF HOUSING AND
22 URBAN DEVELOPMENT
23
BY:
24
25
26
27
28
JFP:ema[HUD.Agrl 3
EXHIBIT "D"
coo PV
1 COOPERATION AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO,
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
2 AND THE PERRIS HILL NEIGHBORHOOD ASSOCIATION
RELATING TO GRAFFITI ABATEMENT SERVICES AND TO WATER SERVICES
3 OF VACANT PROPERTIES AS OWNED BY THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
4
This agreement, made and entered into this 15th day of October, 1997 by and between the
5
city of San Bernardino (hereinafter"City"); Department of Housing and Urban Development
6
(hereinafter"HUD"); and individual homeowners in the City of San Bernardino known as the
7
Pews Hill Neig MilffiNkWign., an unincorporated not-for-profit organization (hereinafter
8
"Association"):
9
WHEREAS,HUD is the owner of certain vacant properties located in the City of San
10
Bernardino, California("the Premises"); and
11
WHEREAS,HUD, City, and Association ("the Parties") believe that graffiti abatement and
12
watering and lawn cutting are in the vital and best interests of HUD, the City of San Bernardino
13
and the health, safety and welfare of its residents; and
14
WHEREAS,the Parties wish to voluntarily cooperate to care for the Premises;
15
NOW THEREFORE,in accord with the public purposes and provisions of applicable federal,
16
state and local law and requirements, the Parties agree to the following:
17
SECTION 1. PURPOSE OF THE AGREEMENT:
18
The purpose of this Agreement is to commence a project to provide graffiti abatement
19
service, water service and grounds service for no more than eight (8) Premises at any given time,
20
as agreed, located in the City of San Bernardino within the boundaries of the Association.
21
SECTION 2. TERM:
22
The term of this Agreement shall commence on October 15, 1997 ("Commencement
23
Date") and end on October 14, 1998 ("Termination Date") unless sooner terminated by the
24
Parties. The Parties may, at any time prior to the Termination Date, agree to expand, modify
25
or otherwise continue this Agreement past the Termination Date.
26
SECTION 3. SERVICES:
27
The City agrees to apply for, pay and provide water service to the Premises for the term
28
JFP:ema[HUD.Agrl 1
w
1 of this Agreement or until there is a change of ownership prior to the Termination Date.
2 SECTION 4. VOLUNTARY SERVICES:
3 HUD further agrees to allow the Association, City, and/or City's Contractor to enter the
4 property for the purposes of graffiti abatement, lawn watering, and trash removal services as
5 further described below.
I
6 A. VOLUNTARY SERVICES BY THE ASSOCIATION.
7 The Association, without expense to HUD, agrees to provide volunteer lawn watering
8 services, including turning on and off of sprinklers for the front and visible back and/or side
9 yards. The Association will also pick up trash in the front and visible back and/or side yards.
10 B. VOLUNTARY SERVICES BY CITY:
11 City agrees to provide graffiti abatement services for the Premises where graffiti is visible
12 from the street.
13 SECTION 5. USES:
14 The Association, City, and/or City's Contractor shall not do or permit others to when
15 they are present on the Premises, nor bring or keep or permit when they are present, to be
16 brought or kept in the Premises, anything (a) which is prohibited by or in conflict with any law,
17 ordinance, or governmental rule or, (b) which is prohibited by the standard form of fire insurance
18 policy. The Association, City, and/or City's Contractor shall not use or store on the Premises any
19 hazardous or toxic substances, with the sole exception of reasonably necessary substances that
20 are kept in reasonably necessary quantities for normal residential operations, provided that their
21 use and storage are in accordance with applicable laws. The Association, City, and/or City's
22 Contractor shall not do or permit anything to be done when they are present on the Premises that
23 will obstruct or interfere with other uses of the Premises, or use or allow the Premises to be used
24 for any unlawful purposes to the best of their ability nor shall the Association, City, and/or City's
25 Contractor cause, maintain or permit when they are present any nuisance or waste on or about the
26 Premises.
27
28
1FP:ema[HUD.Agr] 2
I SECTION 6. RESPONSIBILITIES OF THE PARTIES:
2 HUD will assume the risk for liability that arises as a result of services for the properties
3 provided by the parties pursuant to this agreement.
4 SECTION 7. TERMINATION BY ASSOCIATION:
5 The Association agrees to notify HUD and City within ten (10) days if it is determined
6 that the Association will no longer service the property or participate in the manner mentioned
7 herein.
8 SECTION 8. TERMINATION BY CITY:
9 City agrees to notify HUD and Association within ten (10) days if it is determined that
10 City will no longer pay for and provide water service or participate in the manner mentioned
11 herein.
12 SECTION 9.TERMINATION BY HUD:
13 HUD agrees to notify The Association and City within ten (10).days if it is determined
14 that HUD will no longer participate in the manner mentioned herein.
15
16
CITY OF SAN BERNARDINO PERRIS HILL NEIGHBORHOOD ASSOCIATION,
17 An unincorporated not-for-profit association
18
19 BY: BY:
Tom Minor,Mayor
20
21
U.S.DEPARTMENT OF HOUSING AND
22 URBAN DEVELOPMENT
23
BY:
24
25
26
C) 27
28
JFP:ema[HUD.Agrl 3