HomeMy WebLinkAbout2007-340
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RESOLUTION NO. 2007-340
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
AMENDMENT NO.1 TO REIMBURSEMENT AGREEMENT WITH THE SAN
BERNARDINO INTERNATIONAL AIRPORT AUTHORITY RELATED TO
THE PREPARATION OF AN AIRPORT LAND USE COMPATIBILITY PLAN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. RECITALS
(a) WHEREAS, on June 18,2007, the Mayor and Common Council approved
a Reimbursement Agreement with the San Bernardino International Airport Authority
("SBIAA") related to the preparation of an Airport Land Use Compatibility Plan; and
(b) WHEREAS, it is in the best interest of the City of San Bernardino to
approve Amendment No. 1 to the Reimbursement Agreement.
SECTION 2. FINDINGS
NOW, THEREFORE, BE IT HEREBY RESOLVED, FOUND, AND
DETERMINED THAT THE MAYOR AND COMMON COUNCIL HEREBY
CERTIFY THAT:
(a) The Mayor and Common Council hereby approve Amendment No.1 to the
Reimbursement Agreement with the San Bernardino International Airport Authority as
attached hereto and incorporated herein as Attachment A.
23 (b)
The City Manager is hereby authorized and directed to execute Amendment No. 1
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to the Reimbursement Agreement on behalf of and in the name of the City of San
Bernardino.
(c) The authorization to execute the above-referenced Amendment No. I is
rescinded, if the parties have not executed it within sixty (60) days of the passage of this
resolution.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
AMENDMENT NO.1 TO REIMBURSEMENT AGREEMENT WITH THE SAN
BERNARDINO INTERNATIONAL AIRPORT AUTHORITY RELATED TO
THE PREPARATION OF AN AIRPORT LAND USE COMPATIBILITY PLAN.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
joint
Mayor and Common Council of the City of San Bernardino at a regular . meeting
thereof, held on the 20 day of August
,2007, by the following vote, to wit:
Council Members: AYES
ESTRADA X
-
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MC CAMMACK X
NAYS
ABSENT
ABSTAIN
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atrick J. . ayor
ity of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
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2007-340
ATTACHMENT A
AMENDMENT NO.1 TO REIMBURSEMENT AGREEMENT
FOR THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
AIRPORT LAND USE COMPATIBILITY PLAN
This Amendment No.1 to that certain Reimbursement Agreement for the San Bernardino
International Airport Authority, Airport Land Use Compatibility Plan ("ALUCP") is entered into and
shall be effective as of this 20 th day of August, 2007, by and between the San Bernardino
International Airport Authority ("SBlAA"), a joint powers authority organized and existing pursuant
to Government Code Section 6500, et sea., and the City of San Bernardino, a charter city established
and existing pursuant to the Constitution and laws of the State of California and the City Charter
(the "City").
I. RECITALS:
A. The City and SBlAA entered into that certain Reimbursement Agreement for the San
Bernardino International Airport Land Use Compatibility Plan on June 18, 2007 ("Reimbursement
Agreement");
B. City and SBlAA desire to amend the terms of the Reimbursement Agreement as
described below.
II. AGREEMENTS:
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements
and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
A. Section l.d., shall be amended to read as follows:
Final Work Product. SBlAA shall forward such final draft ALUCP to the City of Highland
("Highland") for review prior to any approval thereofby the City. The City shall not approve
the final draft ALUCP until such time as the SBlAA Commission has accepted and adopted
a formal recommendation to the City to approve said final draft ALUCP with the Highland
representative voting in the majority to so accept and adopt such formal recommendation for
the City to approve said final draft ALUCP.
B. Section l.e.(iii), shall be amended to add the following sentence as the last sentence in
said Section:
In the event the City approves the final draft ALUCP without adhering to the provisions set
forth in Section l.d. hereof, for the prior acceptance and adoption of the formal
recommendation by the SBlAA Commission for the approval by the City of the final draft
ALUCP, SBlAA shall not provide any further reimbursements to the City for any consultant
work on the ALUCP after the date of such inappropriate approval ofthe ALUCP by the City.
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2007-340
ATTACHMENT A
AMENDMENT NO.1 TO REIMBURSEMENT AGREEMENT
FOR THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
AIRPORT LAND USE COMPATIBILITY PLAN
III. MISCELLANEOUS PROVISIONS:
1. Unless othelWise provided herein, all capitalized and/or defined terms herein shall
have the same meaning given to such capitalized and/or defined terms in the Reimbursement
Agreement.
2. Except as amended hereby, all of the terms and provisions of the Reimbursement
Agreement are hereby reaffirmed and remain in full force and effect. In the event there is a conflict
between the terms and provisions of the Reimbursement Agreement and the terms and provisions of
this Amendment No.1, the terms and provisions of this Amendment No.1 shall control.
3. This Agreement may be executed in multiple counterparts, each of which shall, for all
purposes, be deemed an original but which together shall constitute one and the same instrument,
and the signature pages from any counterpart may be appended to any other counterpart to assemble
fully executed documents, and counterparts of this Amendment No.1 may also be exchanged via
electronic facsimile machines and any electronic facsimile of any party's signature shall be deemed
to be an original signature for all purposes.
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2007-340
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ATTACHMENT A
AMENDMENT NO.1 TO REIMBURSEMENT AGREEMENT
FOR THE SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY
AIRPORT LAND USE COMPATIBILITY PLAN
IN WITNESS WHEREOF, the partied hereto have duly executed this Amendment No.1
as of the date first above written.
SBIAA
SAN BERNARDINO INTERNATIONAL
AIRPORT AUTHORITY, a joint powers authority
organized and existing pursuant to Government
::d// /-
Donald ~e~
Interim Executive Director
(SEAL)
Attest:
CITY
AN BERNARDINO, CALIFORNIA
By:
ilson
City Manager
(SEAL)Attest:
By: ~~.~
Rachel Clar , City Clerk
Approved as to Form:
.~
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