HomeMy WebLinkAbout1993-109
1
RESOLUTION NO, 93-109
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH ALLAN D, SMITH,
3 BANKRUPTCY TRUSTEE SUCCESSOR TO H, FRANK DOMINGUEZ, DBA VANIR
RESEARCH COMPANY AND DAVID D. MILLER & DENYSE M. MILLER, AND
4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF
SAN BERNARDINO RELATING TO PUBLIC PARKING SPACES.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1, The Mayor of the city of San Bernardino is hereby
8 authorized and directed to execute on behalf of said City a First
9 Amendment to Agreement with Allan D. Smith, bankruptcy trustee,
10
11
12
13
14
15
16
17
18
19
20
successor to H, Frank Dominguez, dba Vanir Research Company and
David D, Miller & Denyse M, Miller, and Redevelopment Agency of the
city of San Bernardino and the city of San Bernardino relating to
public parking spaces, a copy of which is attached hereto, marked
Exhibit "I" and incorporated herein by reference as fully as though
set forth at length,
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the city of San Bernardino at a
r"anlar meeting thereof, held on the 5th
day of
Avril
, 1993,
by the following vote, to wit:
21
22
23
24
25
26
27
28
I I I I I
I I I I I
I I I I I
I I I I I
I I I I I
I I I I I
I I I I I
I I I I I
I I I I I
RES 93-109
1 councilmembers AYES NAYS ABSTAIN ABSENT
2 ESTRADA X
3 REILLY X
-
4 HERNANDEZ X
5 MAUDSLEY X
6 MINOR X
7 POPE-LUDLAM X
8 MILLER X
9
10
11
12
13
~~~
Racfiel Clark, City Clerk
The foregoing resolution is hereby approved this '1~" day of
-;
April
, 1993,
14
15
16
Approved as to form
17 and legal content:
18
19
_---7'
.-,....-.
JAMES F, PENMAN
City Attorney
20 BY~' ()o,J
21
22
23
24
25
26
27
28
2
,
Res 93-109
1 FIRST AMENDMENT TO AGREEMENT
2
3 THIS FIRST AMENDMENT TO AGREEMENT made and entered into this
4 day of , 1993, by and between the REDEVELOPMENT AGENCY,
5 a body corporate and politic, hereafter referred to as "Agency",
6 and the CITY OF SAN BERNARDINO, a municipal corporation, hereafter
7 referred to as "city", and ALLAN D. SMITH, bankruptcy trustee,
8 successor to Frank Dominguez, dba Vanir Research Company, and DAVID
9 D, MILLER AND DENYSE M, MILLER, husband and wife, hereafter
10 collectively referred to as "Developer",
11
12 WHEREAS, the parties hereto entered into that certain
13 Agreement dated November 8, 1978, relating to parking for the
14 property located at 5th and "E" Street which is now occupied by the
15 Department of Social Services Welfare Operations, and
16
17 WHEREAS, the parties desire to now amend the said Agreement in
18 response to the parking problems DPSS is now experiencing,
19
20 NOW, THEREFORE, the parties hereto agree as follows:
21
22 1, section 1 of said agreement in hereby amended to read as
23 follows:
24
25 section 1. The city and Agency agree to provide, during the
26 term of the Agreement at least 199 public parking spaces within the
27 area bounded by "E", 5th, "F", and 4th Streets (sometimes
28
1
,.
RES 93-109
1 hereafter referred to as the "block"), as shown on the attached
2 Exhibit "A" - 1, unless the City Council and Agency determine that
3 public parking should be discontinued in such areas as provided by
4 section 9, Said 199 public parking spaces to be provided prior to
5 the exercise of either option provided for in section 2 are shown
6 on the attached Exhibit "A". After the exercise of either of said
7 options, the 199 parking spaces shall be within the block, but not
8 necessarily as shown on Exhibit "A" - 1.
9
10
11
12
13 section 9, In the event the City and Agency, at any time
14 during the first thirty-one (31) years of this agreement determine,
15 for whatever reason, that public parking should be discontinued
16 within the area bounded by "E", 5th, "F", and 4th Streets (the
17 "block"), the City and Agency shall provide for an equal number of
18 comparable parking spaces within the area bounded by "E", 5th, "F"
19 and 4th Streets (the "block") or at a location within 400' radius
20 of the block.
21
22 3, Except as provided herein, all other terms and conditions
23 of the original agreement remain unchanged and in full force and
24 effect,
2511111
2611111
2711111
28
2,
follows:
section 9 of said Agreement is hereby amended to read as
2
RES 93-109
ATTEST:
CITY OF SAN BERNARDINO
4
5
BY:
CITY CLERK
W.R. HOLCOMB, MAYOR
6 Approved as to form
and legal content
7
8
JAMES F, PENMAN
CITY ATTORNEY
9 B.:;,~' t4t:. )
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
CONTRACTORS:
Allan D, Smith, sucessor to
H. Frank Dominguez, d,b,a.
Vanir Research Company
BY:
David D, Miller & Denyse M, Miller
BY:
BY:
Community Development Commission of
the City of San Bernardino
BY:
Agency Administrator
Attest:
Secretary
Approved as to form
and legal conten
25
26
27
28
-----------~~------
RES 93-109
CITY
OF
SAN
BERNARDINO
300 North .'D.' Street. San Bernardino, California 92418
J
L
5TH
5T
H
H
H
H
H
H
H
S.B. COUNTY DEPARTMENT
or SOCIAL SERVICES
f-
U)
~ W1H
~ ~Idd~~
~
Ht1#tttH ~
Ht1#tttH ~
BIBLE SUPPLY STORE
LIER MUSIC CO
f-
U)
l.L
w
. DOES NOT
INCLUDE
HANDICAP
SPACES
HATCHED AREA
z PRIVATE PARKING
SO CAl
GAS
BLOG
CALI rORN I A
THEATER or
THE PERFORMING
ARTS
U.S.
SOCIAL
SECURtTY
4TH
5T
--------
\
II
N PUBLIC PARKING
PARKING EXCLUDING , 270
HANDICAP
W + E HANDICAP SPACES' 10
5 DISTRICT LOT #1
ISSUE DA TE,
NOT TO SCALE FEB. 4TH 1993