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HomeMy WebLinkAbout2004-3591 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-359 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AMENDMENT NO. 3 TO THE CONCESSIONAIRE CONTRACTUAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIAMOND CREATIONS, INC. TO EXTEND CONCESSION SERVICES AT THE SAN BERNARDINO SOCCER COMPLEX FROM NOVEMBER 19, 2004 THROUGH DECEMBER 20, 2004. 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 or her designee is hereby authorized and directed to execute Amendment No. 3 to the Concessionaire Contractual Agreement with Diamond Creations, Inc. to extend concession services at the San Bernardino Soccer Complex from November 19, 2004 through December 20, 2004, 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 The authorization to execute the above referenced Amendment No. 3 is rescinded if the parties fail to execute it within ten (10) days of the passage of this resolution. 2004-359 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 211 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OR HER DESIGNEE TO EXECUTE AMENDMENT NO. 3 TO THE CONCESSIONAIRE CONTRACTUAL AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND DIAMOND CREATIONS, INC. TO EXTEND CONCESSION SERVICES AT THE SAN BERNARDINO SOCCER COMPLEX FROM NOVEMBER 19, 2004 THROUGH DECEMBER 20, 2004. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ] t. reg. meeting thereof, held on the 15th day of November , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x KELLEY x JOHNSON x MCCAMMACK x /�. C. -a'4 -i2. Ra el G. Clark, City Clerk The foregoing resolution is hereby approved t /6,�,. day of November 2004. 1--"G cc C� Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: 2004-359 AMENDMENT NO.3 TO THE CONCESSIONAIRE CONTRACTUAL AGREEMENT This Amendment No. 3 to the Concessionaire Contractual Agreement is entered into this 15th day of November , 2004, by and between the CITY OF SAN BERNARDINO and DIAMOND CREATIONS, INC. relating to the operation of the concessions at the San Bernardino Soccer Complex, 2500 E. Pacific Ave., San Bernardino, California. 1. The Section entitled "TERM OF AGREEMENT & EFFECTIVE DATES" is hereby amended to now read as follows: "The term of this Concession Agreement shall be November 19, 2004 through December 20, 2004. 2. The Section entitled "OPERATION OF FACILITIES" is amended in the first sentence of the first paragraph only, said first sentence to now read as follows: "CONCESSIONAIRE shall keep the facilities open and available for business, during all of the actual hours of all scheduled event activities, during dates of usage, from November 19, 2004 through December 20, 2004. 3. All other terms and conditions of said Concessionaire Contractual Agreement are unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this instrument upon the date first herein above appearing. ATTEST: By Cr Rachel Clark City Clerk Approved as to form And legal content: JAMES F. PENMAN City Attorney By o BERNARDINO In MAMOND CREATIONS, INC. Bl`7 Title Vwze-�It 64 q q zev 2004-359 AMENDMENT NO.3 TO THE CONCESSIONAIRE CONTRACTUAL AGREEMENT This Amendment No. 3 to the Concessionaire Contractual Agreement is entered into this 15th day of November , 2004, by and between the CITY OF SAN BERNARDINO and DIAMOND CREATIONS, INC. relating to the operation of the concessions at the San Bernardino Soccer Complex, 2500 E. Pacific Ave., San Bernardino, California. 1. The Section entitled "TERM OF AGREEMENT & EFFECTIVE DATES" is hereby amended to now read as follows: "The term of this Concession Agreement shall be November 20, 2004 through December 20, 2004 period. 2. The Section entitled "OPERATION OF FACILITIES" is amended in the first sentence of the first paragraph only, said first sentence to now read as follows: "CONCESSIONAIRE shall keep the facilities open and available for business, during all of the actual hours of all scheduled event activities, during dates of usage, from November 19, 2004 through December 20, 2004. 3. All other terms and conditions of said Concessionaire Contractual Agreement is unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this instrument upon the date first herein above appearing. ATTEST: By Rachel Clark, City Clerk Approved as to form And legal content: JAMES F. PENMAN City Attorney a CITY OF SAN BERNARDINO O-Z DIAMOND CREAT�IONNS, INC. BY/'7�'� Title ��ryer<Z /,/Itig �