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HomeMy WebLinkAbout1990-175 1 RESOLUTION NO. 90-175 ---------- 2 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH THE DIOCESE OF SAN 3 BERNARDINO EDUCATION AND WELFARE CORPORATION RELATING TO EXTENDING THE USE BY CITY OF CERTAIN PROPERTY FOR PUBLIC RECREATIONAL PURPOSES, IN SAN 4 BERNARDINO. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Mayor of the City of San Bernardino is 8 hereby authorized and directed to execute on behalf of said City, a Second 9 Amendment to Agreement with the Diocese of San Bernardino Education and 10 Welfare Corporation relating to extending the use by City of certain 11 property for public recreational purposes, a copy of which is attached 12 hereto, marked Exhibit "A" and incorporated herein by reference as fully as 13 though set forth at length. 14 SECTION 2. The authorization to execute the above-referenced 15 agreement is rescinded if the parties to the agreement fail to execute it 16 within one sixty (60) days of the passage of this resolution. 17 / / 18 / / 19 / / 20 / / 21 / / 22 / / 23 / / 24 / / 25 / / 26 / / 27 / / 28 / I 04/20/90 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 04/20/90 -----.- RESO~UTION AUTHORIZING EXECUTION OF' SECOND AMENDMENT TO AGREEMENT' I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reaular meeting of thereof held on the _~t day ___l1ay , 19~_, by the following vote, to-wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ESTRADA --1L REILLY _JL FLORES -lL MAUDSLEY -lL MINOR _JL POPE-LUDLAM MILLER -lL ~//?'7/~,V'/ City Clerk The foregoing resolution is hereby approved this ;C.~A~ day of , 1990. May " ~-z---'--,.. f,,/7 /' " Approved as to form and legal content: James F. Penman, City Attorney 2. JL, 2 t ,. 04/20/90 .- . SECOND AMENDMENT TO AGREEMENT 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 THIS S~.. =>AMENDMENT TO AGREEMENT is made and entered into this ~ day of /, .dAf.l/ , 1990, by and between the CITY OF SAN BERNARDINO, t;'municipal corporation, hereinafter referred to as "City", and DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION. hereinafter referred to as "Diocese". WIT N E SSE T H 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 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 hereto desire to amend said Agreement to provide for an additional ten (10) year term, NOW, THEREFORE, it is mutually agreed between the parties as follows: 1. Section 3 of that Agreement between the parties hereto dated April 7, 1983, is hereby amended to read as follows: SECTION 3. Term: The term of the Agreement is extended for an additional ten (10) year period, commencing April 17, 1989, and terminating April 16, 1999. 2. Section 4 of that Agreement between the parties hereto dated April 7, 1963, is hereby amended to read as follows: SECTION 4. Extensions: This Agreement may be extended for an additional ten (10) year period commencing on the day following the expiration of the term set forth above. 3. All other terms, conditions and provisions of the Agreement shall remain the same, and be in full force and effect. . .. , . 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 04/20/90 SECO~D AMENDMENT TO AGREEMENT WITH DIOCESE OF SAN BERNARDINO IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date first hereinabove written. CITY OF SAN BERNARDINO ATTEST: ~;;7$~1# city Clerk DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION Approved as to form and legal content James F. Penman City Attorney ~r?~ 2 :::e:, tyJJ..t