HomeMy WebLinkAbout11- Development Services CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
From: MICHAEL E. HAYS,Director Subject: Resolution to Execute Third
Amendment to Agreement with Diocese of
Dept: Development Services San Bernardino Education& Welfare
Q n I A /� Corporation for use of a portion of
Date: January 10, 2000 O► I U�j�"I AL Aquinas High School Park.
File No.15.06-121
Synopsis of Previous Council Action: MCC Date: 2-7-2000
05/10/83 Adopted Resolution No. 83-122, authorizing execution of an agreement with the
Diocese of San Bernardino Education and Welfare Corporation for public recreational purposes.
04/07/86 Adopted Resolution No. 86-114,authorizing execution of a First Amendment to an
agreement with the Diocese of San Bernardino Education and Welfare Corporation.
05/21/90 Adopted Resolution No. 90-175, authorizing execution of a Second Amendment to
an agreement with the Diocese of San Bernardino Education and Welfare Corporation.
Recommended Motion:
ADOPT RESOLUTION.
Michael E. Rays
Contact person: EILEEN GOMEZ Phone: 5328
Supporting data attached: Staff Report/Map/ Ward: 7
eso ution
FUNDING REQUIREMENTS: Amount: None.
Source: (Acct. No.)
(Acct Description)
Finance:
Council Notes:
Agenda Item No.
all/dPW
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of a Third Amendment to Agreement with the Diocese of
San Bernardino Education and Welfare Corporation relating to extending the use by the City of a
portion of Aquinas High School Park for public recreational purposes.
BACKGROUND:
The area at Aquinas High School Park is a 1.3 acre triangular parcel located on the west side of
Sterling Avenue, between Lynwood Drive and Date Street. The property is a public park and is
currently being used for public recreational purposes. The parcel has been improved to include
an irrigation system, grass,trees and a chain link fence.
On May 9, 1983, Resolution No. 83-122 was adopted, authorizing the execution of an agreement
with the Diocese of San Bernardino Education and Welfare Corporation. This agreement relates
to a portion of land known as Aquinas Recreation Area, which is owned by the Diocese of San
Bernardino.
On April 7, 1986, Resolution No. 86-114 was adopted, authorizing the execution of a First
Amendment to the Agreement with the Diocese of San Bernardino Education and Welfare
Corporation, extending the term to April 16, 1989
On May 21, 1990, Resolution No. 90-175 was adopted, authorizing the execution of a Second
Amendment to the Agreement, extending the term from April 17, 1989 to April 16, 1999.
The Diocese will continue to pay all utilities and property taxes, and maintenance will continue
to be provided by the Parks, Recreation and Community Services Department.
The Agreement will be extended for a period of ten (10) years, commencing on the day
following the expiration of the term.
FINANCIAL IMPACT:
None. There is no charge to the City for the use of this land.
RECOMMENDATION:
Staff recommends approval of the attached Resolution and Third Amendment to Lease attached
hereto as Exhibit"A".
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1 RESOLUTION NO.
2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A THIRD AMENDMENT TO AGREEMENT WITH THE DIOCESE
4 OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION RELATING
TO EXTENDING THE USE BY THE CITY FOR A PORTION OF AQUINAS HIGH
5 SCHOOL PARK FOR PUBLIC RECREATIONAL PURPOSES IN SAN BERNARDINO.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. That the Mayor and Common Council of the City of San Bernardino, is
9 hereby authorized and directed to execute on behalf of said Ci
10 ty, a Third Amendment to
11 Agreement with the Diocese of San Bernardino Education and Welfare Corporation relating to
12 extending the use by the City of a portion of Aquinas High School Park for public recreational
13 purposes, a copy of which is attached hereto marked Exhibit "A", and incorporated herein by
14 reference as fully as though set forth at length.
15 SECTION 2. The authorization to execute the above referenced Agreement is rescinded
16
17 if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this
18 resolution.
19
20
21
22
23
24
25
26
27
28
01/04/00
RESOLUTION AUTHORIZING EXECUTION OF THIRD AMENDMENT TO AGREEMENT WITH
1 DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION
2
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a
meeting [hereof
5 held on the day of 20_, by the following vote, to
6 wit:
7
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 LIEN
11
MCGINNIS
12
13 SCHNETZ
14 SUAREZ
15 ANDERSON
16 MILLER
17
18
19 City Clerk
20 The foregoing resolution is hereby approved this day of
, 20
2]
22
JUDITH VALLES, Mayor
23 City of San Bernardino
24 Approved as to form
25 and legal content:
26 JAMES F. PENMAN
City Attorney
27
28 By.
)1/04/00
2
2000-21
1 THIRD AMENDMENT TO AGREEMENT
2 THIS THIRD AMENDMENT TO AGREEMENT is made and entered into this 7th
3
day of Februaz Y 20 oo by and between the CITY OF SAN
4
5 BERNARDINO, a municipal corporation, hereinafter referred to as "City", and DIOCESE OF
6 SAN BERNARDINO EDUCATION AND WELFARE CORPORATION, hereinafter referred to
7 as "Diocese".
8 WITNESSETH
9 WHEREAS, the parties hereto entered into an Agreement on June 2, 1983, (hereinafter
10
11 "the Agreement"), relating to the use by City of certain Diocese property located at Aquinas
12 High School Park for public recreational purposes; and
13 WHEREAS, the parties amended the Agreement on April 7, 1986, extending the City's
14 use of the property for a three(3)year tern, terminating April 16, 1989; and
15 WHEREAS, the parties executed a Second Amendment to the Agreement on May 21,
16
17 1990, extending the City's use of the property for an additional ten (10) year period,
18 commencing April 17, 1989 and terminating April 16, 1999.
19 1. Section 3 of that Agreement between the parties hereto dated June 2, 1983, is
20 hereby amended to read as follows:
21 SECTION 3. Term: The term of the Agreement is extended for an additional ten
22
23 (10) year period, commencing April 17, 1999, and terminating April 16, 2009.
24 2. All other terms, conditions and provisions of the Agreement shall remain the
25 same, and be in full force and effect.
26
27
28
01/27/00 EXHIBIT "A"
2000-21
THIRD AMENDMENT TO AGREEMENT WITH DIOCESE OFSAN BERNARDINO FOR A PORTION OF
AQUINAS HIGH SCHOOL PARK FOR PUBLIC RECREATIONAL PURPOSES
1
2 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
3
Agreement on the date first hereinabove written.
4
5
6 ATTEST: CITY OF SAN BERNARDINO
7
8 i
9 ,D /� . � ektirt✓ By.
City derk Ju 'th Valles,Mayor
10
11
12 DIOCESE OF SAN BERNARDINO
EDUCATION AND WELFARE
13 CORPORATION
14
15 By:
16
17 Approved as to form
18 and legal content:
19 JAMES F. PENMAN,
20 City Attorney
21 By:
22
23
24
25
26
27
28
01/10/00 2
I THIRD AMENDMENT TO AGREEMENT
2 THIS THIRD AMENDMENT TO AGREEMENT is made and entered into this
3 day of
20
4 _, by and between the CITY OF SAN
5 BERNARDINO, a municipal corporation, hereinafter referred to as "City", and DIOCESE OF
6 SAN BERNARDINO EDUCATION AND WELFARE CORPORATION, hereinafter referred to
7 as "Diocese".
8 WITNESSETH
9 WHEREAS, the parties hereto entered into an Agreement on June 2, 1983, (hereinafter
10
"the Agreement"), relating to the use by City of certain Diocese property located at Aquinas
11
12 High School Park for public recreational purposes; and
13 WHEREAS, the parties amended the Agreement on April 7, 1986, extending the City's
14 use of the property for a three (3)year term, terminating April 16, 1989; and
15 WHEREAS, the parties executed a Second Amendment to the Agreement on May 21,
16
17 1990, extending the City's use of the property for an additional ten (10) year period,
18 commencing April 17, 1989 and terminating April 16, 1999.
19 1. Section 3 of that Agreement between the parties hereto dated June 2, 1983, is
20 hereby amended to read as follows:
21
22 SECTION 3. Term: The term of the Agreement is extended for an additional ten
23 (10)year period, commencing April 17, 1999, and terminating April 16, 2009.
24 2. All other terms, conditions and provisions of the Agreement shall remain the
25 same, and be in full force and effect.
26
27
28
01/27/00 EXHIBIT "A"
THIRD AMENDMENT TO AGREEMENT WITH DIOCESE OFSAN BERNARDINO FOR A PORTION OF
AQUINAS HIGH SCHOOL PARK FOR PUBLIC RECREATIONAL PURPOSES
1
2 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
3
Agreement on the date first hereinabove written.
4
5
6 ATTEST: CITY OF SAN BERNARDINO
7
8
B
9 City Clerk y. Judith Valles,Mayor
10
11
12 DIOCESE OF SAN BERNARDINO
EDUCATION AND WELFARE
13 CORPORATION
14
15 By:
16
17 Approved as to form
18 and legal content:
19 JAMES F. PENMAN,
20 City Attorney
1 n
21 By.
22
23
24
25
26
27
28
01/10/00 2