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HomeMy WebLinkAbout15-Parks & Recreation CITY' OF. 'SAN BERNAFINO - REQUEST FCW COUNCIL ACTION From: Anni e F. Ramos, Di rector Su~ect: RESOLUTION AUTHORIZING AGREEMENT FOR JOINT USE OF MILL COMMUNITY CENTER WITH THE COUNTY OF SAN BERNARDINO FOR THE PERIOD JANUARY I, 1992 AND ENDING DECEMBER 31,1992 AND REPEALING RESOLUTION NO. 93-147. Dept: Parks, Recreation & Community Services Date: July 23, 1993 Synopsis of Previous Council action: November 15, 1976 - Council approved joint use agreement for term of 15 years. Recommended motion: Adopt the resolution. ftAJA1 1~ Signature Contact person: Tnm Rngg~ Phone: 5032 Supporting data attached: Staff Rppnrt & Agrppmpnt Ward: 1 FUNDING REQUIREMENTS: Amount: Source: (Acct. No.1 (Acct. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No /6 CITY. OF .SAN BERNA.INO - REQUEST FOaCOUNCIL ACTION STAFF REPORT RESOLUTION AUTHORIZING AN AGREEMENT FOR JOINT USE OF MILL COMMUNITY CENTER WITH THE COUNTY OF SAN BERNARDINO COUNTY AND REPEALING RESOLUTION NO. 93-147. 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. 93-147. This action is necessary because the original Agreement and Resolution 93-147 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. agree.repeal.mill-u 7/23/93 75.0264 . . RESOLUTION NO. 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 authorized and directed to execute on behalf of said city an agreement with the County of San Bernardino relating to the joint use of the Mill Community Center, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. SECTION 3. Resolution 93-147 is hereby repealed. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1993, by the following vote, to wit: / / / / -1- . . 1 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. 93-147. 5 COUNCIL MEMBERS: AYES NAYS ABSTAIN 1\RC:llm' 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 VACANT 11 POPE-LUDLAM 12 MILLER 13 14 15 16 17 18 19 20 Approved as to form and legal content: Rachel Clark, City Clerk The foregoing resolution is hereby approved this day of , 1993. TOM MINOR, Mayor City of San Bernardino 21 James F. Penman 22 City Attorney 23 24 25 26 27 28 -2- . . 1 2 3 4 5 6 7 8 AGREEMENT (Mill Community Center) THIS AGREEMENT is made and entered into this day of , 1993, by and between the City OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "City", and the COUNTY OF SAN BERBARDINO, a body corporate and politic, a subdivision of the State of California, hereinafter referred to as "County". 9 10 Ii I I If E ~ .s. .E I H: 11 WHEREAS, City and County jointly purchased and 12 jointly own all that real property known as the Mill 13 14 15 16 17 18 19 20 School Site, situated in the City of San Bernardino, County of San Bernardino, State of California, and described as follows: 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 Bernardino, as per plat recorded in Book 7 of Maps, page 2, records of said County, for the purpose of developing Mill Community Center and neighborhood park and have so developed said property and 21 22 23 24 25 26 27 28 shall further develop said property for'public use: and WHEREAS, City and County are both desirous of providing recreational and community service programs for the benefit of residents of City and County, NOW, THEREFORE, in order to make best possible use of said property as a community center and neighborhood park, it is hereby mutually agreed as follows: -1- . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. City shall provide an adequate recreational program staff at the facility and integrate local recreational activities into the overall recreation program of the city. 2. ci ty shall maintain all buildings, grounds and installed equipment, subject to conditions as specified herein. City shall respond to written notification from County of conditions needing repair, within a reasonable amount of time unless it is a health or safety hazard for staff, children or parents. In this instance, response shall be made immediately. 3. City shall control the use of all the buildings and other facilities at said property as provided in the City Municipal Code 12.80. 4. All electric, gas and water utilities shall be listed in the name of the city. 5. County and/or its agents shall have the right of first use of all areas marked in red on Exhibit "I", attached hereto and incorporated herein by reference as though set forth in full and at length~' County hereby expressly warrants and represents to City that the only use that will be made of the aforesaid premises will be for governmental or public purposes. 6. County shall promptly reimburse and pay to City, as hereinafter provided, all electric, gas and water utility costs: electronic building security and -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . surveillance costs for such requirements allocated to its area of use by County; and such other services supplied by City as may from time to time be agreed upon in writing by the parties hereto resulting from use of premises by County or its agents. Such reimbursement shall be computed on the basis of square footage of building area utilized by County or its agents in relating to the total square footage of those building areas serviced on the property. The amount'of square footage so used by County shall be determined within thirty (30) days of the effective date of this agreement. 7. County shall promptly reimburse City for all ground maintenance and equipment maintenance cost resultant from use of any portion of said property by County and/or its agents. Such costs shall be based on the actual labor and material costs incurred by City as a result of such maintenance. If total cost exceeds $500.00, City will obtain approval of County prior to work being done. 8. The term of this agreement ~hall be for a period of 1 year commencing January I, 1992 and ending December 31, 1992. 9. No improvements or alterations to said property shall be made without the written approval of city for County sponsored projects and the County for City sponsored projects. -3- . . 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 7 8 wrongful act or omission in the performance of this contract, to the extent permitted by law. 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Director of Parks, Recreation & Community Services Dept. city of San Bernardino 547 N. Sierra Way San Bernardino, Ca 92410 13. This agreement shall not be assigned by the Real Estate Services Dept. County of San Bernardino 825 E. Third Street San Bernardino, Ca 92415- 0832 parties hereto. 14. This agreement may be amended or modified only by written agreements signed by both parties and failure on the part of either party to enforce any provision of this agreement shall not be construed as a waiver of the right to compel enforcement of such provision or provisions, nor act to release any surety from its obligations under this agreement. -4- . 1 2 . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first hereinabove written. 3 4 ATTEST: 5 6 City Clerk 7 8 9 10 Approved as to form and legal content: 11 James F. Penman 12 City Attorney 13 14 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 28 CITY OF SAN BERNARDINO TOM MINOR, Mayor city of San Bernardino COUNTY OF SAN BERNARDINO Chairman, Board of Supervisors -5- - / . . '. .. " ".' .... .' ! I I . I ", I . l .' .~ ., ~ :i". 1 ~ ", : , !, ' t. . . .. ' , .... ,r , . "',' .' ---r.J' .:' '--1 ;r-t:,~~ ,.f. II';'. .1~ ' ': &~r _~;1 i '$. . . l . .. t;:;. ..~. r;.!%:1 # . ..'. ' t , 'h fa. .i '0, .~ /. I ~ :~i · . -. _": r~'~. U . ,~~),/i j:): or{.~ ~,..,..-.1 , ':f OJ.:' r.:',t.:., /~~:./:;,~ .H: /' '%' !,:r(:~{-.",_" ;~. / :'! .~" ~ 'F--Y-' l"~ . ,,'! . ;7. .:. \ J r /.~,..",~. . '. I . t'<(ni; Z' I I ':~ : .W<iffl.'''f.<'/~.~.) J., : .:I~. .j . . ..~,.r;."(,,,~ .//.../~l,."//:," .() . I j":i ;.. . .' "/~'/L."'(' /~. . I q . 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