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HomeMy WebLinkAbout14-Parks and Recreation CITY OF ~AN BERNOIDINO - REQUEST OR COUNCIL ACTION From: Annie F. Ramos, Director Subject: RESOLUTION AUTHORIZING AN AGREEMENT TERMINATING THE AGREEMENT FOR THE USE Dept: Parks, Recreation & Community Services AND OPERATION OF THE TENNIS PRO SHOP AT PERRIS HILL PARK. Date: September 1, 1992 Synopsis of Previous Council action: February 17, 1992 - Agreeement for operation of pro shop with James A. Cramer is approved. January 7, 1991 - Agreement relating to operations of pro shop amended to delete Brian Winking. January 3, 1990 - Agreement to operate Perris Hill Park Pro Shop approved with Brian Winking and James A. Cramer. Recommended motion: Adopt Resolution. if-;,. " ./ _I ... -:. IZ".~. (Signature Contact person: John A. Kramer. Suoerintendent of Recreation Phone: 5031 Supporting data attached: Reso 1 uti on: Aoreement; Staff Reoort. Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.! (Acct. Descriotionl Finance: Council Notes: 75.0262 Agenda Item No 1'/ CITY OF SAN BERtC)RDINO - REQUEST OR COUNCIL ACTION STAFF REPORT RESOLUTION AUTHORIZING AN AGREEMENT TERKlNATING '1'HB AGREEMENT !'OR '1'HB USE AND OPERATION 01' '1'HB TENNIS PRO SHOP AT PERRIS HILL PARK. An agreement to operate the pro shop at perris Hill Park with James A. Cramer has been in effect since January, 1990. The operations basically involved merchandizing tennis equipment and refreshments and the restringing of rackets. The agreement provided a lease rate of 15 percent of gross revenues and generated about $1,000 per year. The operation of the pro shop was done primarily as a convenience to the public since maintenance and utilities prObably were equivalent to the city's lease. On August 27, 1992, the pro shop was burglarized with the proprietors loosing all inventory. As a consequence of the loss, James Cramer has requested cancellation of the agreement. Approval is recommended. tertennispro@phill 9/1/92 75.0264 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 o i~ V RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT TERMINATING THE AGREEMENT FOR THE USE AND OPERATION OF A TENNIS PRO SHOP AT PERRIS HILL PARK. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. A. By agreement dated February 17, 1992, by and between the City of San Bernardino and James A. Cramer, the parties entered into an agreement relating to use and operation of the Tennis Pro Shop at perris Hill Park. February 16, 1993. This contract is due to expire on B. The parties mutually agree that cancellation of the agreement effective September 14, 1992, is in the best interest of the parties. SECTION 2. Imolementation. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City of San Bernardino an agreement terminating the agreement between the City of San Bernardino and James A. Cramer, attached hereto as Exhibit A and incorporated herein by reference, effective September 14, 1992. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San Bernardino at a meeting thereof, held on the day of , 1992, by the following vote, to wit: II II 9/1/92 -1- o ,--. ';....I 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN' AGREEMENT TERMINATING THE AGREEMENT FOR THE USE AND OPERATION OF THE TENNIS PRO SHOP AT PERRIS HILL PARK. 3 COUNCIL MEMBERS 4 ESTRADA 5 REILLY 6 HERNANDEZ 7 MAUDSLEY 8 MINOR 9 POPE-LUDLAM 10 MILLER 11 12 13 Rachel Clark, City Clerk 14 The foregoing resolution is hereby approved this AnS. NAYS ABSTAIN mmt: 15 day of 16 17 18 19 20 21 22 23 24 25 26 27 28 , 1992. w. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman City Attorney ? ,ie-z~ I II II tertennispro@phill 9/1/92 -2- o o 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 TERMINATION BY CANCELLATION OF AGREEMENT RELATING TO USE AND OPERATION OF THE TENNIS PRO SHOP AT PERRIS HILL PARK. In accordance with the provision of California Civil Code section 1699, the parties to the agreement dated February 17, 1992, pertaining to the use and operation of the Tennis Pro Shop at Perris Hill Park, hereby intend to, and do, terminate that agreement by cancellation effective September 14, 1992. CITY OF SAN BERNARDINO ATTEST: By W. R. Holcomb, Mayor city of San Bernardino Rachel Clark, City Clerk JAMES A. CRAMER Approved as to form and legal content: James F. Penman City Attorney II II II II phillproshop 9/1/92