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HomeMy WebLinkAbout2000-021 1 2 RESOLUTION NO. 2000-21 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 3 EXECUTION OF A THIRD AMENDMENT TO AGREEMENT WITH THE DIOCESE 4 OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION RELATING TO EXTENDING THE USE BY THE CITY FOR A PORTION OF AQUINAS HIGH 5 SCHOOL PARK FOR PUBLIC RECREATIONAL PURPOSES IN SAN BERNARDINO. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 7 SAN BERNARDINO AS FOLLOWS: 8 9 SECTION 1. That the Mayor and Common Council of the City of San Bernardino, is hereby authorized and directed to execute on behalf of said City, a Third Amendment to 10 Agreement with the Diocese of San Bernardino Education and Welfare Corporation relating to 11 extending the use by the City of a portion of Aquinas High School Park for public recreational 12 13 purposes, a copy of which is attached hereto marked Exhibit "A", and incorporated herein by 14 reference as fully as though set forth at length. 15 SECTION 2. The authorization to execute the above referenced Agreement is rescinded 16 if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this 17 18 resolution. 19 1/ 20 1/ 21 22 23 24 25 26 27 28 01/04/00 2000-21 RESOLUTION AUTHORIZING EXECUTION OF THIRD AMENDMENT TO AGREEMENT WITH DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION 1 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular 4 meeting thereof 5 held on the 7th 6 wit: day of February , 20~, by the following vote, to 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA x 10 LIEN x 11 MCGINNIS x 12 SCHNETZ x 13 14 SUAREZ x 15 ANDERSON x 16 MILLER x -- 17 18 ~L~ b~~ 19 City erk 20 The foregoing resolution is hereby approved this 7~ day of 21 22 23 February , 20 00 . '---- 24 Approved as to form and legal content: 25 26 27 JAMES F. PENMAN City Attorney 28 D~<~"1 ,L 01/04/00 2 r . 2000-21 1 THIRD AMENDMENT TO AGREEMENT 2 THIS THIRD AMENDMENT TO AGREEMENT is made and entered into this 17th 3 day of FEBRUARY , 20 00 , by and between the CITY OF SAN 4 5 6 SAN BERNARDINO EDUCATION AND WELFARE CORPORATION, hereinafter referred to BERNARDINO, a municipal corporation, hereinafter referred to as "City", and DIOCESE OF 7 as "Diocese". 8 9 10 11 12 High School Park for public recreational purposes; and 13 WHEREAS, the parties amended the Agreement on April 7, 1986, extending the City's WITNESSETH WHEREAS, the parties hereto entered into an Agreement on June 2, 1983, (hereinafter "the Agreement"), relating to the use by City of certain Diocese property located at Aquinas 14 use ofthe property for a three (3) year term, terminating April 16, 1989; and 15 16 17 18 commencing April 17 , 1989 and terminating April 16, 1999. 19 I. Section 3 of that Agreement between the parties hereto dated June 2, 1983, is WHEREAS, the parties executed a Second Amendment to the Agreement on May 21, 1990, extending the City's use of the property for an additional ten (10) year period, 20 hereby amended to read as follows: 21 22 23 24 SECTION 3. Term: The term of the Agreement is extended for an additional ten (10) year period, commencing April 17, 1999, and terminating April 16, 2009. 2. All other terms, conditions and provisions of the Agreement shall remain the 25 same, and be in full force and effect. 26 /I 27 /I 28 01/27/00 EXHIBIT "A" , - . , 2000-21 . THIRD AMENDMENT TO AGREEMENT WITH DIOCESE OF SAN BERNARDINO FOR A PORTION OF AQUINAS HIGH SCHOOL PARK FOR PUBLIC RECREATIONAL PURPOSES 1 2 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to 3 Agreement on the date first hereinabove written. 4 5 6 ATTEST: 7 8 9 ()~'A 1,1.. :6. ~ Ci~ 10 11 12 13 14 15 16 17 Approved as to form 18 and legal content: 19 JAMES F. PENMAN, 20 City Attorney 21 /J By: 22 ;J 23 1/ 24 1/ 25 26 27 28 01/10/00 2 CITY OF SAN BERNARDINO By: '-- DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION By: j1;t~ 5" ~tM. . 5 6 7 , " 8 9 10 11 12 13 14 15 16 17 18 19 w.~f-~~ iY,'Ulf';' j 1"11",', ,'-' L;l", 1.-, ~_..~<- /lJi.- v..J l-#1J 1 2 3 4 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is made and entered into this 17th FEBRUARY day of , 20~, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "City", and DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION, hereinafter referred to as ""Diocese~'. WITNESSETH WHEREAS, the parties hereto entered into an Agreement on June 2, 1983, (hereinafter "the Agreement"), relating to the use by City of certain Diocese property located at Aquinas High School Park for public recreational purposes; and WHEREAS, the parties amended the Agreement on April 7, 1986, extending the City's use of the property for a three (3) year term, terminating April 16, 1989; and WHEREAS, the parties executed a Second Amendment to the Agreement on May 21, 1990, extending the City's use of the property for an additional ten (10) year period, commencing April 17, 1989 and terminating April 16, 1999. 1. Section 3 of that Agreement between the parties hereto dated June 2, 1983, is 20 hereby amended to read as follows: 21 22 SECTION 3. Term: The term of the Agreement is extended for an additional ten (10) year period, commencing April 17, 1999, and terminating April 16, 2009. 23 24 25 26 1/ 2. All other terms, conditions and provisions of the Agreement shall remain the same, and be in full force and effect. 27 28 1/ 02/08/00 . THIRD AMENDMENT TO AGREEMENT WITH DIOCESE OF SAN BERNARDINO FOR A PORTION OF AQUINAS HIGH SCHOOL PARK FOR PUBLIC RECREATIONAL PURPOSES 1 2 3 4 5 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date first hereinabove written. 6 ATTEST: 7 8 CITY OF SAN BERNARDINO }iu~~ Jtktith Valles, Mayor -re) ;! (0./ j, 9 (/\J-~~ LV!L--<-I'<--' 10 C~C:?~:L Jh-~: 1}.7-;; ~/ By: 11 DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION By: fYlL\AM..1 \.0 ~cn...- ---0 u