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Home My WebLink About2008-340 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 RESOLUTION NO. 2008-340 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO RATIFY THE CITY MANAGER'S EXECUTION OF AMENDMENT NO.1 TO THE EXISTING LICENSE AND INDEMNIFICATION AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND THE HIGH DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION, INC., FOR PROPERTY LOCATED AT 503 EAST CENTRAL A VENUE, SAN BERNARDINO, CA. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council hereby ratifies the City Manager's execution on August 22, 2008, on behalf of the City, of Amendment No. I to the License and Indenmification Agreement by and between the City of San Bernardino, the County of San Bernardino and the High Desert Partnership in Academic Excellence Foundation, Inc. which does business as the Norton Space and Aeronautics Academy, relating to certain real property at 503 East Central Avenue, San Bernardino, CA. A copy of the Amendment No.1 to the License and Indemnification Agreement is attached as Exhibit "A" and incorporated herein by reference. SECTION 2. On July 7, 2008, the Mayor and Common Council approved Resolution No. 2008-279, which authorized execution of the above-referenced License and Indemnification Agreement. III III III III III III 2008-340 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 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO RATIFY THE CITY MANAGER'S EXECUTION OF AMENDMENT NO.1 TO THE EXISTING LICENSE AND INDEMNIFICATION AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO, AND THE illGH DESERT PARTNERSillP IN ACADEMIC EXCELLENCE FOUNDATION, INC., FOR PROPERTY LOCATED AT 503 EAST CENTRAL AVENUE, SAN BERNARDINO, CA. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at al'~~~~~r meeting thereof, held on the 2nd day of September, 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x JOHNSON x MCCAMMACK -L ~/;J.~ City Clerk The foregoing resolution is hereby approved this ~7ff day of September, 2008. atri k J. Morris, Mayo I of San Bernardino Approved as to Form: " ~ '( AMENDMENT NO.1 TO LICENSE AND INDEMNIFICATION AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, AND HIGH DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION, INC. This Agreement is entered into this 22nd day of August, 2008, by and between the COUNTY OF SAN BERNARDINO ("COUNTY"), CITY OF SAN BERNARDINO ("CITY"), and the HIGH DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION, INC. ("ACADEMY"). RECITALS WHEREAS, on July 7, 2008, the COUNTY, CITY, and ACADEMY entered into a License and Indemnification Agreement ("License") relating to that certain real property at 503 East Central Avenue, San Bernardino, California (the "Premises"); WHEREAS, The ACADEMY intends to operate a charter school to be known as the Norton Space and Aeronautics Academy on the Premises, with classes commencing on August 25, 2008; WHEREAS, COUNTY, the CITY, and ACADEMY intend to enter into a written lease (the "Lease") of the Premises on or before September 16, 2008; WHEREAS, the fair market value for the use of the Premises is FIVE THOUSAND FIVE HUNDRED NO/100 DOLLARS ($5,500.00). NOW THEREFORE, the COUNTY, CITY, and ACADEMY now desire to extend terms of the License from the current expiration date of August 31, 2008 to September 16, 2008. AGREEMENT In consideration of the mutual promises contained herein, the parties hereby amend the License as follows: 1. Paragraph 3, Term, is amended to add the following: a. The ACADEMY's use of the Premises shall be expanded to include all purposes relating to the construction and operation of an educational facility on the Premises to commence on August 25, 2008. b. The term of the License shall be extended for a period of sixteen (16) days, commencing September 1, 2008 and continue thereafter until September 16, 2008. 1 #2107161/ALG:jsl 8/22/2008 1 :29:03 PM ..... , 2. Paragraph 5(b)(2), Insurance, is amended to increase the coverage of comprehensive general and auto liability insurance to FIVE MILLION NO/100 DOLLARS ($5,000,000.00). 3. The ACADEMY shall pay to the COUNTY and CITY a license fee of FIVE THOUSAND FIVE HUNDRED NO/100 DOLLARS ($5,500.00) for the period September 1, 2008 through September 16, 2008, or until formal approval of the Lease by the COUNTY, CITY, and ACADEMY. 4. All other provisions of the License are reaffirmed as originally stated. 5. The parties to this License represent that the signators executing this document are fully authorized to enter into this agreement. IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day and date first above written. Dated: e(-ez.. ,2008 By: Director of Real Estate Services County of San Bernardino Dated: ?j/~:L ,2008 THE HIGH DESERT PARTNERSHIP IN ACADEMIC EXCELLENCE FOUNDATION INC. By: RICK PIERCY Dated: ~12'2.. ,2008 City Manager City of San Bernardino 11I1 1//1 2 #2107161/ALG:jsl 8/22/2008 1 :40:09 PM of .' ATTEST: ~h.~~ Rae el Clark, City Clerk City of San Bernardino Dena Smith, Clerk of the Board of Supervisors County of San Bernardino Approved as to form: Ruth E. Stringer, County Counsel co.un~Jan ~nJ'rli~Q By. LL ~ _ )/7/4. - ALAN L. GREEN, Deputy County Counsel James F. Penman, City Attorney City of Sa Bernardino 3 #2107161/ALG:jsl 8/22/2008 1 :34: 12 PM -. 825 East Third Streel . San Bernardino, CA 92415-0832 . Fax (909) 387-7833 Administration (909) 387-7813 Property Management (909) 387-7832/7825 Right-ol-Way (909) 387-7829/7843 COUNTY OF SAN BERNARDINO PUBLIC ANO SUPPORT SERVICES GROUP REAL ESTATE SERVICES DEPARTMENT DAVID H. SLAUGHTER Director August 29,2008 Fred Wilson City Manager City of San Bernardino 300 North "D" Street (92418-0001) Post Office Box 1318 San Bernardino, CA. 92402 Dear Mr. Wilson: Please find enclosed one fully executed original to Amendment No. 1 to License and Indemnification Agreement by and between the City of San Bernardino, County of San Bernardino, and High Desert Partnership in Academic Excellence Foundation, Inc. Thank you for your help in completing this matter. Should you have any questions or require anything further, please do not hesitate to contact me at the address or telephone number indicated above. Sincerely, ~()J.tiJI{/ Davl Director cc: Alan L. Green, CC - w/Enc. Laurie Milhiser, RM - w/Enc. Bo')rd of SuperviSQrs First fJj;.:;trj(;t DENNIS HANl)BE~(;CF Spccmd Dlstrid GARY C OVfn . ,iOS1E GONZALES. :)istrict