HomeMy WebLinkAbout2015-230 1 RESOLUTION NO. 2015-230
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER ONE
4 TO THE USE OF FACILITIES AGREEMENT WITH CALIFORNIA STATE
5 UNIVERSITY- SAN BERNARDINO FOR USE OF FISCALINI FIELD
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. That the City Manager is hereby authorized to execute on behalf of the
9
10 City of San Bernardino Amendment Number One to the Use of Facilities Agreement with
11 California State University San Bernardino for the use of Fiscalini Field, attached hereto as
12 Exhibit"A" and incorporated herein as though set forth in full.
13
14
15
///
16
///
17
18
///
19
///
20
21
///
22
23
24
///
25
///
26
///
27
///
28
1
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER ONE
2 TO THE USE OF FACILITIES AGREEMENT WITH CALIFORNIA STATE
3 UNIVERSITY- SAN BERNARDINO FOR USE OF FISCALINI FIELD
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
6
19th day of October, 2015, by the following vote, to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
8
9 MARQUEZ X
10 BARRIOS X
11
VALDIVIA x-
12
SHORETT X
13
14 NICKEL X
15 JOHNSON X
16 MULVIHILL X
9 C
18 Georg n Han_na, CMC, City Clerk
19 The foregoing Resolution is hereby approved this _ day of October, 2 5-
20
21 '
22
R. Carey Davi , Mayor
City of San Bernardino
23 Approved as to form:
24 Gary D. Saenz, City Attorney
25 By:
26
27
28
2
2015-230
AMENDMENT NUMBER ONE TO THE USE OF FACILITIES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
CALIFORNIA STATE UNIVERSITY—SAN BERNARDINO
This Amendment Number One (the "First Amendment") is entered into this 19th day of
October , 2015, BY AND BETWEEN:
the City of San Bernardino (the "CITY");
AND,
California State University, San Bernardino (the "UNIVERSITY") (individually CITY or
UNIVERSITY may be referred to as a "PARTY" and collectively CITY and
UNIVERSITY may be referred to as the "PARTIES").
WITNESSETH :
WHEREAS, on January 1, 2011 the CITY and UNIVERSITY entered into that certain
Agreement titled USE OF FACILITIES AGREEMENT (the "Agreement") allowing the
UNIVERSITY to use Fiscalini Field, owned by CITY, for baseball games and practices; and,
WHEREAS, CITY and UNIVERSITY desire to amend the Agreement and desire to amend their
rights, duties, and liabilities in connection with their performance thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. Section I—General is amended to read:
"I. GENERAL:
UNIVERSITY shall have exclusive use of Fiscalini Field from January 1St
through May 26th daily, 8:00 AM to 10:00 PM for practices and games and shared
use from May 27th through October 31St, Monday through Friday, 8:00 AM to
5:00 PM for practices, during the term of this Agreement."
2. Section II—Term is amended to read:
"II. TERM:
The term of this agreement shall commence on October 19, 2015 and end
December 31, 2016; with the option of three (3) one year renewals upon mutual
consent of the PARTIES. During the term of the Agreement, the UNIVERSITY is
granted shared use of the baseball field and exclusive use of the clubhouse and
batting cages."
AMENDMENT NUMBER ONE TO THE USE OF FACILITIES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY—SAN BERNARDINO
Page 1 of 3
2015-230
3. Section II B 2—Joint Use of Facilities is amended to read:
642. Joint Use of Facilities: UNIVERISTY will relinquish entire field and facility use
to designated CITY co-sponsored Pony youth tournaments during the exclusive
UNIVERSITY use period."
4. The remaining terms and conditions shall remain in full force and effect.
[Signature Pages Follows]
AMENDMENT NUMBER ONE TO THE USE OF FACILITIES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY—SAN BERNARDINO
Page 2 of 3
2015-230
AMENDMENT NUMBER ONE TO THE USE OF FACILITIES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
CALIFORNIA STATE UNIVERSITY—SAN BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2015 CALIFORNIA STATE UNIVERSITY
—SAN BERNARDINO
By:
Its:
Dated , 2015 CITY OF SAN BERNARDINO
By:
Allen Parker, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By_
7
AMENDMENT NUMBER ONE TO THE USE OF FACILITIES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY—SAN BERNARDINO
Page 3 of 3
2015-230
AMENDMENT NUMBER ONE TO THE USE OF FACILITIES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
CALIFORNIA STATE UNIVERSITY—SAN BERNARDINO
This Amendment Number One (the "First Amendment") is entered into this 19th day of
October ,201a, BY AND BETWEEN:
the City of San Bernardino (the"CITY");
AND,
California State University, San Bernardino (the "UNIVERSITY") (individually CITY or
UNIVERSITY may be referred to as a "PARTY" and collectively CITY and
UNIVERSITY may be referred to as the "PARTIES").
WITNESSETH :
WHEREAS, on January 1, 2011 the CITY and UNIVERSITY entered into that certain
Agreement titled USE OF FACILITIES AGREEMENT (the "Agreement") allowing the
UNIVERSITY to use Fiscalini Field, owned by CITY,for baseball games and practices; and,
WHEREAS, CITY and UNIVERSITY desire to amend the Agreement and desire to amend their
rights, duties, and liabilities in connection with their performance thereunder; and,
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. Section I—General is amended to read:
"I. GENERAL:
UNIVERSITY shall have exclusive use of Fiscalini Field from January 1St
through May 26th daily, 8:00 AM to 10:00 PM for practices and games and shared
use from May 27th through October 31St, Monday through Friday, 8:00 AM to
5:00 PM for practices, during the term of this Agreement."
2. Section II—Term is amended to read:
"II. TERM:
The term of this agreement shall commence on October 19, 2015 and end
December 31, 2016; with the option of three (3) one year renewals upon mutual
consent of the PARTIES. During the term of the Agreement,the UNIVERSITY is
granted shared use of the baseball field and exclusive use of the clubhouse and
batting cages."
AMENDMENT NUMBER ONE TO THE USE OF FACILITIES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY—SAN BERNARDINO
Page i of 3
2015-230
3. Section II B 2—Joint Use of Facilities is amended to read:
442. Joint Use of Facilities: UNIVERISTY will relinquish entire field and facility use
to designated CITY co-sponsored Pony youth tournaments during the exclusive
UNIVERSITY use period."
4. The remaining terms and conditions shall remain in full force and effect.
[Signature Pages Follows]
AMENDMENT NUMBER ONE TO THE USE OF FACILITIES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY—SAN BERNARDINO
Page 2 of 3
2015-230
AMENDMENT NUMBER ONE TO THE USE OF FACILITIES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
CALIFORNIA STATE UNIVERSITY—SAN BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2015 CALIFORNIA STATE UNIVERSITY
—SAN BERNARDINO
By:
Its:
Dated ' ' 2015 CITY OF SAN BERNARDINO
By:
:OK-Parker, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By, J
AMENDMENT NUMBER ONE TO THE USE OF FACILITIES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY—SAN BERNARDINO
Page 3 of 3