HomeMy WebLinkAbout1997-335
,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.~
RESOLUTION NO.
97-335
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH COMCAST CABLEVISION, INC., FOR THE
ACQUISITION OF A CEMENT BLOCK BUILDING LOCATED AT 464 NORTH
TIAJUANA STREET (NUNEZ PARK).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
to execute on behalf of said City an Agreement with Comcast Cablevsion, Inc., for the acqisition
of a cement block srructure at 464 North Tiajuana Street in said City. A copy of the Agreement
is attached hereto as exhibit "A" and made a part hereof.
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 The authorization to execute the above referenced agreement is rescinded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.
III
III
III
III
III
III
III
III
III
III
III
10/15/97
I
9 i- 33
"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CQMCAST
. CABLEVISION INC., FOR THE ACQUISITION OF A STRUCTURE AT 464 N. TIAJUANA'
STREET
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council f the City of San Bernardino at a joint regular meeting thereof
held on the 3rd
day of November
, 19~, by the following vote,
to-wit:
Council Members:
AYES NAYS ABSTAIN ABSENT
x
x
x
x
x
x
x
---
Si~- C-~~
NEGRETE
CURLIN
ARIAS
OBERHELMAN
DEVLIN
ANDERSON
MILLER
The foregoing resolution is hereby approved this 1d day of November
,19~.
~~-C'-C~
tOM MINOR, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Att rney
BYc1
.~
10/15/97
2
97-335
AGREEMENT
THIS AGREEMENT, made and entered into this /1.fIv day of
11rn~ , 19~, by and between the CITY OF SAN BERNARDINO, a
municipal corporation ("CITY") and COMCAST CABLEVISION, INC., a California
corporation ("LESSEE").
WHEREAS, the CITY and LESSEE executed a Lease Agreement on the 5th day
of April, 1993, for a portion of CITY owned property located at Nunez Park; and
WHEREAS, under the provisions of the Lease Agreement, the Lease Agreement
may be terminated by either party, by giving a 120 day written notice; and
WHEREAS, pursuant to said Lease Agreement, all improvements installed by
LESSEE on the leased premises must be removed at the termination of said Lease
Agreement.
WHEREAS, on the lOth day of July, 1997, LESSEE gave written notice to the
CITY of its intent to terminate said Lease Agreement and offered a cement block
building installed by LESSEE, to the CITY; and
WHEREAS, the CITY desires to retain said structure for use by CITY upon
termination of said Lease Agreement.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION 1. LESSEE hereby offers to the CITY, and CITY hereby accepts, that
certain six foot (6') by eight foot (8') cement block building constructed on the leased
premises as described in said Lease Agreement, by LESSEE, upon termination of said
Lease Agreement.
E(Hr8IT "1/"
"
.
.
97-335
SECTION 2. Upon execution of this Agreement and termination of said Lease
Agreement, CITY shall be sole owner of said structure, and LESSEE shall have no
further interest in said structure or the maintenance thereof.
SECTION 3. Any and all other improvements constructed or installed on said
leased premises by LESSEE, with the exception of said structure, shall be removed by
LESSEE upon termination of said Lease Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first set forth above.
CITY OF SAN BERNARDINO
By:--r-e>>rL %~
TOM MINOR. Mayor
ATTEST:
~IL~
RA EL CLARK, City Clerk
COMCAST CABLEVISION, INC.
Approved as to form
and legal content
BY~/ \ ,,/t7/n If s~ 6ft
BY:~ ~ Itf1/41 /Jv~vW /fly.
JAMES F. PENMAN
City Attorney
By: fbmla t. ,Zz-vv~
()