HomeMy WebLinkAbout17-Parks & Recreation
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director
Subject: Resolution authorizing the City
Manager to execute the Third Amendment
to Palm Field Agreement between the City
of San Bernardino and the Board of Water
Commissioners relating to the use of Palm
Field for recreational purposes, and ratifying
any action taken between February 1,2007,
and the date that this Resolution is adopted.
Dept: Parks, Recreation & Community
Services Department
Date: September 12, 2007
MlCC Meeting Date: October 15, 2007
Synopsis of Previous Council Action:
3/03/1997 - Council authorized execution of Second Amendment to Agreement - Resolution
No. 97-79.
2/17/1987 - Council authorized execution of First Amendment to Agreement - Resolution
No. 87-44.
6/20/1977 - Council authorized execution of original Agreement - Resolution 12840.
Recommended Motion:
Adopt Resolution.
Signature
Contact person:
Jan Wages, Sr. Admin Analyst
Phone:
384-5030
Supporting data attached: SR Re<o & Amend Nn 1 tn Awmt. Ward:
FUNDING REQUIREMENTS: Amount: $1.00 per year
Source: (Acct. No.) 001-381-5502
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. fl
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the Mayor and Common Council authorizing the City Manager to execute the
Third Amendment to Palm Field Agreement between the City of San Bernardino and the Board
of Water Commissioners relating to the use of Palm Field for recreational pwposes, and ratifying
any action taken between February I, 2007, and the date that this Resolution is adopted.
Backl!:round:
For the past 40 years, the Parks, Recreation and Community Services Department has operated
under an Agreement with the Board of Water Commissioners for use of Palm Field for
recreational pwposes. Palm Field is located at 888 E. Sixth Street. The initial Agreement was
for a term often years, with an expiration date of February I, 1977. A second Agreement was
executed in 1977 with a ten-year term expiring February I, 1987. Amendment No. One
extended the term through January 31, 1997; and, the expiration date of Amendment No.2 was
January 31, 2007. The Parks Recreation and Community Services Department contacted the
Water Department prior to the expiration date of the Agreement, and received an updated
Agreement from the Water Department in late August 2007.
The term of the Third Agreement to Palm Field Agreement is for an additional five years, with a
retroactive commencement date of February 1,2007, and a termination date of January 31, 2012.
Therefore, the Resolution ratifies any action taken between February I, 2007, and the date that
this Resolution is adopted.
This Agreement has proven to be workable for both the City of San Bernardino Parks,
Recreation and Community Services Department and the City Water Department. Therefore, it
is requested that Council authorize execution of the attached Third Amendment to Palm Field
Agreement.
Financial Impact:
The annual rental fee of one dollar is payable on or before the first day of February each year.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
4 THE CITY MANAGER TO EXECUTE THE TIDRD AMENDMENT TO PALM
FIELD AGREEMENT RELATING TO USE OF PALM FIELD FOR
5 RECREATIONAL PURPOSES, AND RATIFYING ANY ACTION TAKEN
BETWEEN FEBRUARY 1,2007, AND THE DATE THAT TIDS RESOLUTION IS
6 ADOPTED.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. The City Manager is hereby authorized to execute the Third
10 Amendment to Palm Field Agreement between the City of San Bernardino and Board of
11 Water Commissions for the use of property known Palm Field, located on the north side of
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Sixth Street, for recreational purposes, a copy of which is attached hereto, marked Exhibit
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"A" and incorporated herein by reference as fully as though set forth at length.
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SECTION 2: The term of the Third Amendment to Palm Field Agreement is for five
16 years, with a retroactive commencement date of February 1,2007. Since the effective date
17 is February 1,2007, any action taken between that date and the date that this Resolution is
18 adopted is hereby ratified.
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SECTION 3. The authorization granted hereunder shall expire and be void and of no
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further effect if the agreement is not executed by both parties and returned to the office of
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the City Clerk within ninety (90) days following the effective date of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO PALM
FIELD AGREEMENT RELATING TO USE OF PALM FIELD FOR
RECREATIONAL PURPOSES, AND RATIFYING ANY ACTION TAKEN
BETWEEN FEBRUARY 1, 2007, AND THE DATE THAT THIS RESOLUTION IS
ADOPTED.
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
,2007, by the following vote, to wit:
Council Members:
AYES NAYS ABSTAIN ABSENT
ESTRADA
BAXTER
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2007.
23 Approved as to form:
24 James F. Penman, City Attorney
Patrick J. Morris, Mayor
City of San Bernardino
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THIRD AMENDMENT TO PALM FIELD AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT is entered into this day of
, 2007, by and between the BOARD OF WATER COMMISSIONERS, herein called
"Board", and THE CITY OF SAN BERNARDINO, a municipal corporation, herein called "City".
1. Recitals
A. The parties hereto entered into an Agreement on February 1, 1977, for the use of
Palm Field for recreational purposes for a ten (10) year term ending February 1,
1987, hereinafter referred to as the "Agreement".
B. The parties have since extended the Agreement for two (2) additional ten (10) year
terms via First and Second Amendments.
C. The parties now desire to extend the term of the Agreement for an additional five
(5) year period commencing February 1,2007 and terminating January 31, 2012.
2. Imolementation
A. The term of the Agreement shall be extended for an additional five (5) years
cOmmencing February 1,2007 and terminating January 31, 2012.
B. All other covenants, conditions and provisions of the Agreement shall remain in full
force and effect. The Board hereby reserves the right at any time, and from time to
time to make alterations or additions to the Premises, to build additional facilities or
structures on the property on which the Premises are contained, and to install,
maintain, use, repair and replace, pipes, ducts, conduits and wires, leading through,
UDder or over the Premises.
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Exhibit "A"
Page 1 of 2
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IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS
2 AMENDMENT THE DAY AND YEAR FIRST ABOVE WRITTEN.
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4 CITY OF SAN BERNARDINO
BOARD OF WATER COMMISSIONERS
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By: /A/Jt11U1 L~.H_(_
7 Warren Cocke
President
CITY OF SAN BERNARDINO
By:
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~~ J(<~
Robin 1. Ohama
Secretary
By:
By:
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(SEAL)
APPROVED AS TO FORM:
James F. Penman,
City Attorney
By:
Page 2 of 2
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TlURD AMENDMENT TO PALM FIELD AGREEMENT
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THIS THIRD AMENDMENT TO AGREEMENT is entered into this day of
, 2007, by and between the BOARD OF WATER COMMISSIONERS, herein called
"Board", and TIIE CITY OF SAN BERNARDINO, a municipal corporation, herein called "City".
1. Recitals
A. The parties hereto entered into an Agreement on February 1, 1977, for the use of
Palm Field for recreational purposes for a ten (10) year term ending February 1,
1987, hereinafter referred to as the "Agreement".
B. The parties have since extended the Agreement for two (2) additional ten (10) year
terms via First and Second Amendments.
C. The parties now desire to extend the term of the Agreement for an additional five
(5) year period commencing February 1, 2007 and terminating January 31, 2012.
2. Imnlementation
A. The term of the Agreement shall be extended for an additional five (5) years
commencing February 1, 2007 and terminating January 31, 2012.
B. All other covenants, conditions and provisions of the Agreement shall remain in full
force and effect. The Board hereby reserves the right at any time, and from time to
time to make alterations or additions to the Premises, to build additional facilities or
structures on the property on which the Premises are contained, and to install,
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maintain, use, repair and replace, pipes, ducts, conduits and wires, leatling through,
under or over the Premises.
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Page 1 of 2
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. 1 IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS
2 AMENDMENT THE DAY AND YEAR FIRST ABOVE WRITTEN.
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4 CITY OF SAN BERNARDINO
BOARD OF WATER COMMISSIONERS
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By:
By:
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arren Cocke
President
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Robin L. Ohama
Secretary
(SEAL)
,APPROVED AS TO FORM:
;JRmcs f. Pcnman,
.City Attorney
By: j~ '7,l~
C
CITY OF SAN BERNARDINO
By:
By:
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(SEAL)
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THIRD AMENDMENT TO PALM FIELD AGREEMENT
TillS THIRD AMENDMENT TO AGREEMENT is entered into this day of
, 2007, by and between the BOARD OF WATER COMMISSIONERS, herein called
"Board", and THE CITY OF SAN BERNARDINO, a municipal corporation, herein called "City".
1. Recitals
A. The parties hereto entered into an Agreement on February 1, 1977, for the use of
Palm Field for recreational purposes for a ten (10) year term ending February 1,
1987, hereinafter referred to as the "Agreement".
B. The parties have since extended the Agreement for two (2) additional ten (10) year
terms via First and Second Amendments.
C. The parties now desire to extend the term of the Agreement for an additional five
(5) year period commencing February 1, 2007 and terminating January 31, 2012.
2. ImDlementation
A. The term of the Agreement shall be extended for an additional five (5) years
commencing February 1,2007 and terminating January 31, 2012.
B. All other covenants, conditions and provisions of the Agreement shall remain in full
force and effect. The Board hereby reserves the right at any time, and from time to
time to make alterations or additions to the Premises, to build additional facilities or
structures on the property on which the Premises are contained, and to install,
maintain, use, repair and replace, pipes, ducts, conduits and wires, leading through,
under or over the Premises.
11111
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Page 1 of 2
e 1 IN WI1NESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS
2 AMENDMENT THE DAY AND YEAR FIRST ABOVE WRITTEN.
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4 CITY OF SAN BERNARDINO
BOARD OF WATER COMMISSIONERS
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7 Warren Cocke
President
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By:
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Robin 1. Ohama
Secretary
(SEAL)
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API'ROVED AS TO FORM:
James F. Penman,
City Attorney
By:
CITY OF SAN BERNARDINO
By:
By:
Page 2 of 2
(SEAL)