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CITY' OF SAN BBR&bINO - REQUEST .QR COUNCIL ACTION
Fnnn: Annie F. Ramos, Director
~: Parks, Recreation & Community Services
Date: April 9, 1991
Subject: RESOLUTION AUTHORIZING EXECUTION OF
AMENDMENT NO. 1 TO THE AGREEMENT WITH
SAN BERNARDINO BASEBALL CLUB, INC.,
RELATING TO THE USE OF FISCALINI FIELD.
Synopsis of Pr8vious Council ection:
December 4, 1989 _ Adopted Resolution 89-485 authorizin9 execution of an agreement
with San Bernardino Baseball Club, Inc., relating to the use
of Fiscalini Field.
Recommended motion:
Adopt Resolution.
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Contect penon: Annie F. Ramos
Phone:
5030
Supponing dlItII.ttached: Staff Report & Resolution/Agreement Wild: 2
FUNDING REQUIREMENTS:
Amount: N/A
SoUI'lll: IAcet. No.1
IAcct. DescriDtionl
Fin811C8:
Council NotllS:
Agenda Item No ~S
C'ITY' OF SAN .ERr&hDlNO - RI!QUEST .Q.. COUNCIL ACTION
RESOLUTION AUTHORIZING EXECUTION OF STAFF REPORT
AMENDMENT NO. 1 TO llIE AGREEMENT WIlli
SAN BERNARDINO BASEBALL CLUB, INC.,
RELATING TO THE USE OF FISCALINI FIELD.
Currently, the Agreement with the San Bernardino Baseball Club requires that use
of the field for non-baseball related activities must be approved by the Mayor
and Common Council. This has proven to be a cumbersome and time consuming process
for the user, city staff and the Mayor and Common Council.
Chapter 12.80 of the City Municipal Code authorizes the Director of Parks, Recreation
and Community Services Department to review and approve all applications for use
of City park and recreation facilities. Fiscalini Field use by the San Bernardino
Baseball Club could be handled by the same processes as all other uses of City
facilities, thus eliminating the additional processsing for the Mayor and Council
Agenda.
Therefore, it is recommended that the Resolution and Amendment No. 1 to the
Agreement be approved to authorize the Director of Parks, Recreation and Community
Services Department to review and approve use of Fiscalini Field by the San Bernardino
Baseball Club for non-baseball related activities.
4/9/91
75-0264
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AMENDMENT NO. 1 TO THE AGREEMENT WITH SAN
3 BERNARDINO BASEBALL CLUB, INC. RELATING TO THE USE OF
FISCALINI FIELD BY LESSEE FOR NON-BASEBALL RELATED ACTIVITIES
4 TO DELETE THE REQUIREMENT FOR CITY COUNCIL APPROVAL AND
AUTHORIZE THE DIRECTOR OF PAlU(S, RECREATION AND COMMUNITY
5 SERVICES DEPARTMENT TO APPROVE ALL USES OF THE FACILITY UNDER
THE PROVISIONS OF SAN BERNARDINO CITY MUNICIPAL CODE, CHAPTER
6 12.80.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor is hereby authorized and
execute on behalf of said City, Amendment No.
1
directed to
to the agreement with San Bernardino Baseball Club, Inc.
relating to the use of Fiscalini Field
baseball related activities, to delete
by Lessee for non-
the requirement in
Paragraph 4 (a) for City Council approval, and to authorize
the Director of Parks, Recreation and Community Services
Department to approve all uses of the facility under the
provisions of San Bernardino City Municipal Code, Chapter
12.80.
A copy of said Amendment No. 1 is attached hereto,
marked Exhibit "1" and incorporated herein by reference as
fully as though set forth at length.
All other terms and
conditions of the agreement shall remain in full force and
effect.
SECTION 2.
The authorization to execute the above
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
4/8/91
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RESOUJTION RE: EXECUTION OF AMENDMENT NO. 1 TO THE AGREEMENT
WITH SAN BERNARDINO BASEBALL CLUB, INC., REIATING TO THE USE
OF FISCALINI FIELD.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor an Common Council of the city of
San Bernardino at a
meeting thereof, held on
day of
, 1991, by the following
the
vote, to wit:
ABSTAIN
~
AYES
Council Members:
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDIAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1991.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
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(RESO: BASEBALCLB)
4/8/91 -2-
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AMENDMENT NO. 1
AGREEMENT
city
This Amendment
day of
of San Bernardino
to Agreement
, 1991,
and San Bernardino
entered into this
by and between the
Baseball Club, Inc.
1. That certain Agreement between the parties dated
March 21, 1990 is hereby amended as follows:
A. Paragraph 4 (a) relating to the "Use of Facility
by Lessee for Non-Baseball Related Activities" is
amended to read as follows:
"(a) City agrees that facility shall be made
available to Lessee not to exceed 15 days in each calendar
year during the term of this agreement for non baseball
related activities. The schedule, events and sale of alcohol
at such events shall be subject to the provisions of San
Bernardino City Municipal Code. Chapter 12.80 and the
a roval of the Director of Parks Recreation and Community
Serv ces Department."
2. All other terms and conditions of the agreement
described shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this instrument
upon the date first herein above appearing.
ATTEST:
CITY OF SAN BERNARDINO
By:
W. R. Holcomb, Mayor.
city of San Bernardino
City Clerk
SAN BERNARDINO BASEBALL
CLUB, INC.
By:
Title
Approved as to form and
legal content:
James F. Penman
city Attorney
BY'~
(AGREE:BASEBALCL)
4/8/91