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.c;IT~FSAN BERNARDI~ -
REQU~T FOR COUNCIL ACijON
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Subrt: Request of Herman A. English Jr. for
f Support of Convention Center
From: WAYNE OVERSTREET
Dept: Public Buildings/Public Works
Date: June 17, 1985
Synopsis of Previous Council action:
Resolution No. 82-333 of the City of San Bernardino authorizing the execution of
disposition agreement for the Convention Center and Hotel among the City of San
Bernardino. the Redevelopment Agency of the City of San Bernardino and English
Enterprises. Inc.
Recommen':led motion:
Adopt Resolution and authorize Mayor to sign agreement.
cc: Roger Hardgrave. Director of Public Works/City Engineer
John Hatzer. Jr.. City Administrator
Contact person: Wayne Overstreet
Phone: 5244
Supporting o;Iata attached:
Yes
Ward:
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FUNDING REQUIREMENTS:
Amount:
None
Source:
Finance:
Council Notes:
A__It~.~RtL~iYe_"
CIT~OF SAN BERNARDIt;iD - REQUE~T FOR COUNCIL AC.:r~ON
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STAFF REF,pRT
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ThE 1982 licensEd agreement between the City, RDA, and English Enterprise In-
corporated required English Enterprise 1ncorporated to obtain a certificate of
insurance for one million dollars ($1,DOO,OOO) naming the City and Agency as
additional insured, for which they have failed to provide the City with as of
this date.
Since that time, English Enterprises Incorporated agreed to the separation of
the electrical and heating air-conditioning system from the City Hall plant.
They requested that this separation be delayed one year (October I, 1984 to
. September 30, 1985), but no longer than three years from~ctober 1,1984
They agreed to pay a flat rate for heating air-conditioning charges, plus after
hour rates with these rates to be increased 25% each year thereafter at a max-
imum of three years from the October 1. 1984 date. This monthly flat rate. plus
after hours cost, has been in affect since October 1. 1984 for which the City has
not received payment. .
Amount due to the City, through June 30, 1985. is approximately $11.563.00. In
addition to the monthly rate for June, they have requested after hours heating
air-conditioning service for two days at an approximate cost of $359.0Q. In add-
ition to that, they have requested the use of 250 chairs, 23 round tables and
stage raisers, to be used for approximately two week period commencing June 17.
1985.
Labor and ~quipment cost to provide this equipment is estimated at $232.94. Due
to the outstanding monies owed the City, a meeting was held with the Mayor. Mr.
English and City Staff to determine his intentions on payment of this outstanding
account.
As a result of this meeting, Mr. English agreed to pay the $359.00 for the after
hours heating and air-conditioning support by June II, 1985 and reimburse the City
for cost incurred for providing the requested equipment. He also agreed to authorize
the City to credit the $7.500 owned to him by the City, for his proportionate share
of the cost of construction of a handicapped ramp on the City Hall plaza and that
he would make appropriate restitution for the remaining outstanding charges owed to
the City.
Herman English Enterprises Inc. further agreed to file with the City a certificate
of insurance required by Sections 12.02 and 12.04 of the Operating Agreement for
the City of San Bernardino Convention Center and Hotel executed in 1982.
In addition. he agreed to deposit a $100.00 deposit fee which the City may apply
to reimburse itself or others for any damage to said furniture and equipment.
Staffs position was that such an agreement would require approval of the Mayor and'
Common Council. Request would be submitted for approval on June 17. .1985.
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RESOLUTI1N NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT AMONG
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY
OF SAN BERNARDINO, ENGLISH ENTERPRISES, INC., AND HERMAN A.
ENGLISH, JR., RELATING TO ENGLISH ENTERPRISES, INC~ AND HE~1AN A.
ENGLISH, JR. HOLDING HARMLESS THE CITY OF SAN BERNARDINO AND THE
AGENCY FOR USE OF THE CONVENTION CENTER.
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Chairman and Secreta~y of the Redevelopment
Agency of the City of San Bernardino are hereby authorized and
directed to execute on behalf of said Agency that certain
agreement among the Agency, the City of San Bernardino, English
Enterprises, Inc., and Herman A. English, Jr., relating to English
Enterprises, Inc. and Herman A. English, Jr. holding harmless the
City of San Bernardino and the Agency for use of the Convention
Center, a copy of which agreement is attached hereto, marked
Exhibit -A-, and incorporated herein by reference as fully as
though set forth at length.
ADOPTED:
Approved as to form:
AGENCY COUNSEL
I By ~~L ~ ~j-/,
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RESOLUTI~ NO.
RESOLUTION OF THE CITY oJ SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, ENGLISH I
ENTERPRISES, INC., AND HERMAN A. ENGLISH, JR., RELATING TO ENGLISH,
ENTERPRISES, INC. AND HERMAN A. ENGLISH, JR. HOLDIN~ HARMLESS THE I
CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO FOR USE OF THE CONVENTION CENTER.
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 an
Agreement among the City, the Redevelopment Agency of the City of
San Bernardino, Egnlish Enterprises, Inc., and Herman A. English,
Jr., relating to English Enterprises, Inc. and Herman A. English,
,Jr. holding harmless the City and the Redevelopment Agency for
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use of the Convention Center, a copy of which is attached hereto,
marked Exhibit -A- and incorporated herein by reference as fully
las though set forth at length.
i I HEREBY CERTIFY that the foregoing resolution was duly
!adopted by the Mayor and Common Council of the City of San
IBernardino at a meeting thereof, held on
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[the day of , 1985, by the following vote,
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AYES:
Council Members
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resolution Hs
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, 1985. I
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hereby approved this
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The foregoing
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Mayor of the City of San Bernardino
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Approved as to form:
I. af~~, .~
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ICity Attorney
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~EEMENT
(Convention denter - Hold Harmless)
! THIS AGREEMENT is made and entered into this ____ day of
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I BERNARDINO, a municipal corporation, referred to as "City",
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iREDEVELOPMENT AGENC~ OF THE CITY OF SAN BERNARDINO, referred
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Ito as "Agency", and ENGLISH ENTERPRISES, INC., or nominee, and
HERMAN A. ENGLISH, JR., referred to collectively as "Licensees".
The parties agree as follows:
1. Recitals.
A. Herman A. English, Jr., has requested the use of
the San Bernardino Convention Center on June 11, June 13, and
June 14, 1985, and two or more additional days in the future
subject to the requirements and rules and regulations of City.
B. Licensees agree that the sum of approximately
Eleven Thousand Five Hundred Sixty-Three Dollars ($11,563.00)
is due and owing to City as of June 30, 1985, for the use of
utilities and air conditioning equipment for the San Bernardino
Convention Center during the period commencing October 1, 1984,
to present, and that Seventy-Five Hundred Dollars ($7,500.00)
owing to Licensees for half of the costs of constructing a
ihandicap ramp on the City Hall Plaza shall be credited by City
I against the $11,563.00 utility costs owed by Licensees to City.
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j C. Licensees desire the use of City's chairs, tables,
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land portable stage and steps for a two-week period commencing
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JJune 24, 1985, and will pay costs incidental to such use.
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D.
Licensees concede they have failed to file
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all
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policies and certificates issued by the insurers for
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insurance with City in the amtunts and as required by Sections
12.02 and 12.04 of the Operating Agreement for the City of
San Bernardino Convention Center and Hotel, executed by the
parties hereto in 1982.
2. Licensees agree to and shall defend City, Agency
and their elected and appointed boards, commissions, officers,
agents and employees from any suits or actions at law or in
jequity for damages caused, or alleged to have been caused,
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!by reason of or arising out of the use of the Convention
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ICenter. Licensees further agree to and shall hold harmless
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land indemnify City, Agency, and their elected and appointed
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!boards, commissions, officers, agents and employees harmless
!from any and all costs of suit and damages from liability
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iwhieh may arise in or result from any actions at law wherein
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Ile~al issues are involved concerning personal injuries or
Iproperty damage, the condition or use of the Convention Center,
jor the right of City and Agency to concur in the use of such
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ipremises by Licensees on the terms and conditions set forth
jherein.
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I' 3. Licensees further agree to and shall hold City, Agency
,!and their elected and appointed boards, commissions, officers,
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iagents and employees harmless from any liability for damage or
:claims for damage for personal injury, including death, as well
,as from claims for property damage which may arise out of the
l,use of the Convention Center by Licensees or by anyone or more
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!persons directly or indirectly employed by or acting as agent
'for or with consent of Licensees.
4. Licensees shall forthwith obtain and file with the
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Director of Emergency service~ and Risk Management of City a copy
of a certificate of personal l~ability and property damage
insurance naming the City and Agency as additional insureds in an
amount of not less than one million dollars ($1,000,000) as
required by Section 12.02 of said operating agreement executed in
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11982, and in the manner and in conformance with Section 12.04 of
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said operating agreement.
5. Licensees shall forthwith obtain and file with the
Director of Emergency Services and Risk Management a copy of a
certificate of personal liability and property damage insurance,
naming the City and Agency as additional insureds.in an amount
Isatisfactory to said Director for any claims for costs or
liability for damages arising out of the use of the Convention
Center by Licensees and others pursuant to this Agreement,
hich he determines is not covered by the insurance policies
nd certificates required by Section 4.
6. Licensees agree that Seventy-Five Hundred Dollars
($7,500.00), which is due Licensees for the construction of
handicap ramp on the City Hall Plaza from the City, shall
e retained and credited against the sum of Eleven Thousand
,Five Hundred Sixty-ThrE!e ($11,563.00) due and owing from
, icensees to City for the costs of the use of air conditioning
i~nd electrical energy to operate the Convention Center by
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~icensees from October 1, 1984, to present.
7. Licensees shall forthwith deposit with the City a
of Three Hundred Sixty-Nine Dollars ($369.00) per day
the use of the air conditioning system during after hours
the days of June 11, 1985, and June 13, 1985, and to make
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similar deposits of money foriany additional days agreed upon
between the parties hereto. $aid deposits of money shall be
applied to the actual costs of energy that may be used by
Licensees as after hours charges.
8.
Licensees have requested, and City agrees to provide,
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i250 chairs, 23 tables, and a portable stage and steps for a
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'two-week per~od commencing June 24, 1985, for the use by
Licensees in the San Bernardino Convention Center. Licensees
shall pay the costs of setting up and removal of such
furniture and equipment and shall deposit a One Hundred Dollar
($100.00) damage fee which City may apply to reimburse itself
or others for any damage to said furniture and equipment. The
parties agree that the setting up and removal costs amount
to Two Hundred Thirty-Two Dollars and Ninety-Four Cents ($232.94).
9. Licensees agree to reimburse or pay the City or
Agency for any costs incurred by City or Agency for any
personnel who are required to be present to assist or to
prepare for the use and operation of the Convention Center
Ion the dates set forth herein. Such personnel shall include
those performing police, security, utility, or equipment
loperations during the use of the Convention Center.
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i lO. It is understood between the parties that the
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1:L1censees shall hold City and Agency harmless from any and
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iaH liability which may arise out of the use of the Convention
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j;Center, and that neither the City nor
/'expreSSlY have agreed to hold English
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harmless from any such liability.
11. The City asserts, and Licensees agree, that City does
the Agency impliedly or
Enterprises, Inc.,
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not waive any defaults
the operating agreement
in per~rmance or compliance with
dated ~982, concerning the Convention
Center and Hotel, or any rights thereunder by the execution
and performance of this agreement. The failure on ~he part
lof City to enforce any provision of this agreement or the
loperating agreement dated 1982, or any other agreement
Irelating to the use of the Convention Center shall not be
construed as a waiver of the right to compel enforcement of
such provision or provisions; and further agree that a waiver
of breach of any term covenant or condition of such provision
or provisions shall not be deemed a waiver of breach of others,
or of subsequent breach of the one waived.
l2. In the event Licensees fail to provide the insurance
certificates required hereunder forthwith, or fail to make any
payment provided for herein within ten days of the billing
therefor, or violate any other term of this Agreement, City shall
have the right to terminate this Agreement on five days' notice.
IN WITNESS. WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
ATTEST:
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iCi ty Clerk
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CITY OF SAN BERNARDINO
By
Mayor
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
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By
Chairman
By
Secretary
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