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CI~Y OF SAN BERNARDINO~EQUEST ~OR C:;~~~lt~~~ION
~rom:ROGER G. HARDGRAVE, Direct~r:..:.-,';G;;
Dept: Public Works/Engineering
Date: April 20, 1990
:"":.
JFSu~ect:Resolution to Execute the Second Amendment
to the Agreement with the Diocese of San
Bernardino Education & Welfare Corporation
Use of a portion of Diocese owned property
for public recreational purposes.
Synopsis of Previous Council action:
05/09/83
Adopted Resolution authorizing execution of an agreement with the
Diocese of San Bernardino Education and Welfare Corporation to use
a portion of Diocese owned property for public recreational
purposes. Property located on the West side of Sterling Avenue,
between Lynwood Drive and Date Street.
04/07/86
Adopted First Amendment to Agreement with Diocese of San Bernardino
Education and Welfare Corporation extending the use by City of
the property for public recreational purposes.
Recommended motion:
1. Adopt Resolution
OJ, ~ '
cc: Marshall Julian, City Administrator
James Penman, City Attorney Annie Ramos
Phone:
5328
Anne DeBolt
Contact person:
. Staff Report, Resolution, Map,
Supportmg data attached:
Ward:
7
FUNDING REQUIREMENTS:
Amount: $3.900 (Annual)
Source: (Acct. No.)
001-382-52020
Acct. Deser; tion Park
Finance:
',ouncil Notes:
04/20/90
75.0262
Agenda Item No.
~7
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CITY OF SAN BERtb(RDINO - REQUEST FvR COUNCIL ACTION
STAFF REPORT
The area covered by this agreement is a 1.3 acre triangular parcel. The
Agreement provides, in general, that the Diocese will allow the area to be used
for public recreational purposes. Through previous agreement, the parcel has
been improved to include an irrigation system, grass, trees, and a chain link
fence.
The Diocese will continue to pay all utilities and property taxes. Maintenance
will continue to be provided by the Parks, Recreation and Community Services
Department, at an estimated cost of $75 per week. or $3,900 per year. The
Agreement may be terminated by either party by giving 60 days written notice.
There is no charge to the City for the use of this land.
The Agreement will be extended for a period of ten (10) years and may be extended
for an additional ten year period, commencing on the day following the expiration
of such ten year period.
Staff recommends that the Resolution be adopted.
759,U;'0/90
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4-20-90
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1
RESOLUTION NO.
2 A RE;.:JLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A SECOND AMENDMENT TO AGREEMENT WITH THE DIOCESE OF SAN
3 BERNARDINO EDUCATION AND WELFARE CORPORATION RELATING TO EXTENDING THE USE
BY CITY OF CERTAIN PROPERTY FOR PUBLIC RECREATIONAL PURPOSES. IN SAN
4 BERNARDINO.
5 BE IT RESOLVED BY THE l'IAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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7
SECTION
1.
The Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute on behalf of said City, a Second
9 Amendment to Agreement with the Diocese of San Bernardino Education and
10 Welfare Corporation relating to extending the use by City of certain
11 property for public recreational purposes, a copy of which is attached
12 hereto, marked Exhibit "A" and incorporated herein by reference as fully as
13 though set forth at length.
14
SECTION 2. The authorization to execute the above-referenced
15 agreement is rescinded if the parties to the agreement fail to execute it
16 within one sixty (60) days of the passage of this resolution.
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04/20/90
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04/20/90
RESOLUTION AUT 'IZING EXECUTION OF SECOND AHENf '~T TO AGREEMENT
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and CODDDon Council of the City of San Bernardino at a
meeting
thereof
held
on the
day
of
, 19_____, by the following vote, to-wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day
of
. 1990.
W. R. Holcomb. Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman.
City Attorney
By:
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04/20/90
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SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this
day of , 1990, by and between the CITY OF
SAN BERNARDINO, a municipal corporation, hereinafter referred to as
"Lessor", and DIOCESE OF SAN BERNARDINO EDUCATION AND WELFARE CORPORATION,
hereinafter referred to as "Diocese".
WIT N E SSE T H
WHEREAS, the parties hereto entered into an Agreement on June 2,
1983 (hereinafter "the Agreement"), relating to the use by City of certain
Diocese property for public recreational purposes, and
WHEREAS, the parties amended the Agreement on
extending the City's use of the property for a three
terminating April 16, 1989, and
WHEREAS, the parties hereto desire to amend said Agreement to
provide for an additional ten (10) year term,
NOW, THEREFORE, it is mutually agreed between the parties as
April 7.
(3) year
1986,
term,
follows:
1. Section 3 and Section 4 of that Agreement between the
parties hereto dated April 7. 1983. are hereby amended to read as follows:
SECTION 3. Term: The term of the Agreement is extended
for an additional ten (10) year period. commencing April 17. 1989. and
terminating April 16. 1999.
SECTION 4. Extensions: This Agreement may be extended for
an additional ten (10) year period commencing on the day following the
expiration of the term set forth above.
1. All other terms. conditions and provisions of the Agreement
shall remain the same. and be in full force and effect.
EXHIBIT "A"
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04/20/90
SECOND AMEND~~T TO AGREEMENT WITH DIOCESE OF ~.~ BERNARDINO
IN WITNESS WHEREOF. the parties hereto have executed this Second
Amendment to Ag,eement on the date first hereinabove written.
CITY OF SAN BERNARDINO
By:
W. R. Holcomb. Mayor
ATTEST:
City Clerk
DIOCESE OF SAN BERNARDINO EDUCATION AND
WELFARE CORPORATION
By:
Approved as to form .
and legal content
James F. Penman
City Attorney
By:
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