HomeMy WebLinkAbout2007-422
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RESOLUTION NO. ?(1(17-422
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE THE TillRD AMENDMENT TO PALM
4 FIELD AGREEMENT RELATING TO USE OF PALM FIELD FOR
5 RECREATIONAL PURPOSES, AND RATIFYING ANY ACTION TAKEN
BETWEEN FEBRUARY 1,2007, AND THE DATE THAT TillS RESOLUTION IS
6 ADOPTED.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to execute the Third
Amendment to Palm Field Agreement between the City of San Bernardino and Board of
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Water Commissions for the use of property known Palm Field. located on the north side of
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Sixth Street, for recreational purposes, a copy of which is attached hereto, marked Exhibit
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"A" and incorporated herein by reference as fully as though set forth at length.
SECTION 2: The term of the Third Amendment to Palm Field Agreement is for five
16 years, with a retroactive commencement date of February 1,2007. Since the effective date
17 is February 1,2007, any action taken between that date and the date that this Resolution is
18 adopted is hereby ratified.
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SECTION 3. The authorization granted hereunder shall expire and be void and of no
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further effect if the agreement is not executed by both parties and returned to the office of
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the City Clerk within ninety (90) days following the effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE THE TmRD AMENDMENT TO PALM
2 FIELD AGREEMENT RELATING TO USE OF PALM FIELD FOR
RECREATIONAL PURPOSES, AND RATIFYING ANY ACTION TAKEN
3 BETWEEN FEBRUARY 1,2007, AND THE DATE THAT TmS RESOLUTION IS
4 ADOPTED.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a regular
meeting thereof,
held on the 15th day of October
,2007, by the following vote, to wit:
8 Council Members: AYES
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ESTRADA -----1L-
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BAXTER x
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12 BRINKER ---1L.
13 DERRY x
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14 KELLEY x
15 JOHNSON x
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16 MC CAMMACK
---*-
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NAYS ABSTAIN ABSENT
Q~h.~
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Rachel G. Clark, City Clerk
20 The foregoing resolution is hereby approved this L7P; day of October ,2007.
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r- '- '\"'...-
Patt ck J. Morris, Mayor
~] of San Bernardino
23 Approved as to form:
24 James F. Penman, City Attorney
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By: OcJ~ l(J~
2007-422
1 THIRD AMENDMENT TO PALM FIELD AGREEMENT
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4 TIllS THIRD AMENDMENT TO AGREEMENT is entered into this 15th day of
5 October, 2007, by and between the BOARD OF WATER COMMISSIONERS, herein called
6 "Board", and THE CITY OF SAN BERNARDINO, a municipal corporation, herein called "City".
7 1. Recitals
8 A. The parties hereto entered into an Agreement on February 1, 1977, for the use of
9 Palm Field for recreational purposes for a ten (10) year term ending February 1,
10 1987, hereinafter referred to as the "Agreement".
11 B. The parties have since extended the Agreement for two (2) additional ten (10) year
12 terms via First and Second Amendments.
13 C. The parties now desire to extend the term of the Agreement for an additional five
14 (5) year period commencing February 1,2007 and terminating January 31, 2012.
15 2. Implementation
16 A. The term of the Agreement shall be extended for an additional five (5) years
17 commencing February 1,2007 and terminating January 31, 2012.
18 B. All other covenants, conditions and provisions of the Agreement shall remain in full
19 force and effect. The Board hereby reserves the right at any time, and from time to
20 time to make alterations or additions to the Premises, to build additional facilities or
21 structures on the property on which the Premises are contained, and to install,
2 2 maintain, use, repair and replace, pipes, ducts, conduits and wires, leading through,
23 under or over the Premises.
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2007-422
1 IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS
2 AMENDMENT THE DAY AND YEAR FIRST ABOVE WRITTEN.
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4 CITY OF SAN BERNARDINO
BOARD OF WATER COMMISSIONERS
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6 By: ~~
7 Warren Cocke
President
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Robin L. Ohama
Secretary
CITY OF SAN BERNARDINO
By:
By:
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By:
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(SEAL)
(SEAL)
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APPROVED AS TO FORM:
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James F. Penman,
City Attorney