HomeMy WebLinkAbout1990-175
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RESOLUTION NO. 90-175
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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:
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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.
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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15 agreement is rescinded if the parties to the agreement fail to execute it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.
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04/20/90
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04/20/90
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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
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SECOND AMENDMENT TO AGREEMENT
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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.
. ..
,
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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
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