HomeMy WebLinkAbout1982-3501
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RESOLUTION NO. 82--3-50
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A JOINT POWERS AGREEMENT WITH THE SAN BERNARDINO CITY
T''IFIED SCHOOL DISTRICT RELATING TO THE USE OF CERTAIN REAL PROP-
ERTY AT DEL VALLEJO JR. HIGH SCHOOL FOR PARK AND PLAYGROUND
FACILITIES.
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
hereby authorized and directed to execute on behalf of said City
a Joint Powers Agreement with the San Bernardino City Unified.
School District relating to the use of certain real property at
Del Vallejo Jr. High School for park and playground facilities,
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 a regular meeting thereof, held on
the 16th day of August 1982, by the following vote,
Ito wit:
AYES: Council Members _ Castaneda, Reilly, Hernandez,
Quiel, Strickler
NAYS: None
ABSENT: Council member Hobbs
City Clerk
The foregoing resolution is hereby approved. thi day
I
Auaust 1 82 o f ., 9 .
Approved as to form:
City At orney
e City of San Bernardino
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JOINT POWERS AGREEMENT
(Del Vallejo Jr. High School)
THIS AGREEMENT is made and entered into this day of
1982, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter referred to as "City", and
the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, a public school
district, hereinafter referred to as "District".
City and District agree as follows:
1. Recitals.
(a) District owns a school in the City of San Bernardino
described as Del Vallejo Junior High School, located at 1885 East
1-�ynwood Drive, San Bernardino, California.
(b) District owns the school grounds shown on Exhibit
"I" attached hereto and incorporated herein by reference, and more
Particularly described as follows:
All that real property in the City of San Bernardino,
County of San Bernardino, State of California,
described as follows:
Those portions of Lots 4, 5 and 6, Block 18 of the
ORANGE GROVE TRACT as per plat thereof recorded in
Book 11 of Maps, Page 14, records of the County
Recorder, San Bernardino County, State of California,
lying North of the North right-of-way for the San
Bernardino County Flood Control District and East of a
line that is 885 feet West of the centerline of
Sterling Avenue.
EXCEPTING therefrom any dedicated streets.
(c) It is in the public interest to both parties to
share jointly in the development and maintenance of said school
grounds as hereinabove described in order to fully utilize said
grounds for the benefit of the inhabitants of the District and the
jCity.
(d) Both parties hereto desire to share jointly in the
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further development and the maintenance of the said school grounds)
in order to provide for school activities and additional
recreation and park facilities.
(e) The parties hereto enter into this agreement
pursuant to the joint exercise of powers law (Government Code
Section 6500, et seq.), and other provisions of law.
2. Term. The term of this agreement shall be for a period
of twenty (20) years commencing September 1, 1982, and ending on
August 31, 2002. The term herein provided may be extended from
time to time by the mutual written agreement of the parties.
3. Design and Installation of Facilities. City shall be
permitted to design, and construct or install necessary apparatus
and structures in order to provide multi -use sports fields and
parking on the school grounds hereinabove described. The location
of the facilities to be provided by City hereunder shall be
located in accordance with the mutual agreement of the parties.
Any improvements constructed by City hereunder shall be in
accordance with District's specifications and the joint
requirements of the parties hereto.
4. Location and Ownership. The facilities installed as
provided herein shall be maintained on the aforedescribed Del
!Vallejo Junior High School grounds and shall at all times be and
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!remain the property of the District, subject to City's right to
use the facilities as provided herein. District may, at its
discretion, add improvements, including buildings, to said school
grounds.
5. Cost of Construction. City shall assume and pay all
costs of construction to provide the above described facilities.
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6. Use. District shall have the first right to use said
sports facilities on said school grounds during regular school
hours, during regular established school terms, and summer school
terms during the term of this agreement. Provided, further,
District shall have the first right of use of said sports
facilities for all school -sponsored events at times other than
regular hours of school attendance during the above specified
school terms.
City shall have the right to the use of the sports facilities!
to be constructed upon the school grounds for organized City
recreation purposes at all times other than those specifically
designated for District's utilization. Public access to said park
and playground areas shall be maintained at all times; provided,
however, District and City shall have the right to restrict such
access, upon 24 -hours advance written notice to the other party,
when necessary for maintenance of the property.
7. Maintenance. District shall repair and maintain the turf
areas and an adequate sprinkler system in a usable condition at
Mall times during the term of this agreement in order to assure
that the sports field turf areas are kept in usable condition at
all times.
City shall be responsible for the maintenance of the lighting
system for the term hereof. City's maintenance shall include the
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replacement of bulbs, fixtures, fuses, switches, and all other
items necessary to maintain the ball field lighting system.
District's maintenance of the field and the sprinkler system
shall include the application of necessary water, soil amendment
and fertilizers, the mowing of the grass, and all necessary
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repairs to the sprinkler system in order to maintain the field in
a satisfactory usable condition.
8. Water and Electricity. District shall supply and bear
the cost of all water to be used in maintaining the grass and
planting areas for the term hereof. If a water meter is necessary
in order to enable a billing to District for said water, District
shall, at its expense, provide for such a water meter and the
installation thereof. City shall bear the cost of all electricity'
used for illuminating the park and playground. City shall be
responsible for installation of any necessary electrical meters,
and for all charges for such electricity. In the event that
District closes Del Vallejo Junior High School, the City shall
assume all charges and responsibility for water, electricity and
maintenance of all parts of the sports facilities under the
agreement.
9. Fencing. City shall install additional fences that may
become necessary for the use of the sports fields to be
constructed upon the school grounds. The location of the fences
shall be made by City with the prior written approval of District
and in accordance with District's specifications.
10. Hold Harmless. City agrees to indemnify and hold
District harmless from any loss, liability, claim, suit or
judgment resulting from work done or omitted by the City in
carrying out this agreement. Additionally, the City agrees to
indemnify and hold District harmless from any loss, liability,
claim, suit or judgment arising out of public park use of the
grounds covered by this agreement by members of the public when
school is not in session, and said grounds are not in use for a
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1 school -sponsored event.
2 District agrees to indemnify and hold City harmless from any
3 loss, liability, claim, suit or judgment resulting from work or
4 acts done or omitted by District in carrying out this agreement.
5 The provisions are included in accordance with Government Code
6 Section 895.4 and are applicable to all parties hereto to the
7 extent authorized by law. Additionally, the District agrees to
8 indemnify and hold City harmless from any loss, liability, claim,
9 suit or judgment arising out of use of the grounds covered by this
10 agreement when school is in session or during school -sponsored
11 events.
12 11. Cancellation and Option. City shall have the option to
13 discuss the purchase of the school grounds hereinabove described
14 in the event that District, in its sole discretion, determines
15 that Del Vallejo Junior High School is no longer needed for
16 District's purposes. In the event the school grounds are sold by
17 District, District may declare this agreement to be cancelled, in
18 which event City shall be entitled to remove any improvements
19 constructed by City.
20 12. Rules and Regulations. City and District agree to
21 jointly formulate rules and regulations for use of said school
22 grounds and to enforce said rules for their respective uses
23 provided for herein.
24 13. Non -Assignable. Both parties agree not to assign any
25 right or privilege connected with this agreement.
26 14. Grant by State of California. It is understood and
27 agreed by the parties hereto that the terms and provisions of the
28 within agreement are contingent upon the awarding by the State of
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California, Department of Parks and Recreation, of a grant for
this project.
15. Notices. All notices herein required shall be in
writing and delivered in person or sent by first class mail,
postage prepaid, addressed as follows:
City of San Bernardino San Bernardino City Unified
Parks & Recreation Dept. School District
300 North "D" Street 799 North "F" Street
San Bernardino, CA 92418 San Bernardino, CA
16. Termination of Prior Agreement. This agreement
supersedes that certain agreement between the parties dated July
11, 1979, which is hereby terminated.
17. Entire Agreement. This agreement represents the entire
agreement between the parties hereto, and said agreement can only
be amended by a written agreement executed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove written.
ATTEST:
City Clerk
Approved as to form:
t
Approved as to form:
ounty Counsel
0
CITY OF SAN B
Mayor
SAN BERNARDINO CITY UNIFIED
SCHOOL ISTRICT
BY , " /
Harold L. Boring, Jd.D.
Asst. Supt., Administrative
Services
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