HomeMy WebLinkAbout1993-240
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RESOLUTION NO.
93-240
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. AND REPEALING
5 RESOLUTION NO. 93-109.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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
10
Amendment to Agreement with Allan D. Smith, bankruptcy trustee,
successor to H. Frank Dominguez, dba Vanir Research Company and
11 David D. Miller & Denyse M. Miller, and Redevelopment Agency of the
12 City of San Bernardino and the City of San Bernardino relating to
13 public parking spaces, a copy of which is attached hereto, marked
14 Exhibit "I" and incorporated herein by reference as fully as though
15 set forth at length.
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SECTION 2.
Resolution No. 93-109 is hereby repealed.
SECTION 3.
The authorization to execute the above referenced
agreement is rescinded if the parties to the agreement fail to
passage
of
this
execute
it
within
sixty
(60)
days
of
the
20 resolution.
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22 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
23 the Mayor and Common Council of the city of San Bernardino at a
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TP-oular
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July
meeting thereof, held on the 6th
day of
, 1993,
by the following vote, to wit:
RES 93-240
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A FIRST AMENDMENT TO AGREEMENT WITH ALLAN D. SMITH,
2 BANKRUPTCY TRUSTEE SUCCESSOR TO H. FRANK DOMINGUEZ, DBA VANIR
RESEARCH COMPANY AND DAVID D. MILLER & DENYSE M. MILLER, AND
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF
SAN BERNARDINO RELATING TO PUBLIC PARKING SPACES, AND REPEALING
4 RESOLUTION NO. 93-109.
5 Councilmembers
AYES NAYS ABSTAIN ABSENT
6
NEGRETE ---'L
7 x
CURLIN
8 x
HERNANDEZ
9 x
OBERHELMAN
10
OFFICE VACANT
11 x
POPE-LUDLAM
12 x
MILLER
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QC<k~ C~*--
Rachel Clark, city Clerk
The foregoing resolution is hereby approved this ~~ day of
.Iulv
, 1993.
.~~A~
/ Tom Minor, Mayor
city of San Bernardino
21 Approved as to form
and legal content:
22
JAMES F. PENMAN
23 city A~torney ,
Ii -:) /
By: ' I ii', , , .~~
~: ~l~~>
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RES 93-240
1 parking for certain improved real property located at 494 North "E"
2 street ("County Building") now owned by Developer and leased to
3 the County of San Bernardino ("County"); and
4 WHEREAS, the parties desire to amend the Parking Agreement in
5 order to ensure adequate parking for the County and the general
6 public,
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NOW, THEREFORE, the parties agree as follows:
1. Section 1 of the Parking Agreement is hereby deleted in
its entirety and replaced with the following language:
section 1. Subject to section 9 below, the city and Agency
shall provide Developer with at least 199 public parking
spaces (without parking time limitations) within the area
bounded by E, 5th, F and 4th Streets as shown on attached
exhibit "A" ("block"), for use by the county and the general
public, throughout the term of this Agreement. In the event
Developer exercises either of the options provided for in
section 2 below, such parking spaces shall be provided within
the block, but not necessarily as shown on exhibit "A".
2. Original section 8 of the Parking Agreement is hereby
deleted in its entirety.
3. original section 9 of the Parking Agreement is hereby
deleted in its entirety and replaced with the following
language:
; RES 93-240
1 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
2
3
Bruce D. Varner, Esq.
GRESHAM, VARNER, SAVAGE
NOLAN & TILDEN
4 600 North Arrowhead Avenue
suite 300
5 San Bernardino, CA 92401
6
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FIRST AMENDMENT TO PARKING AGREEMENT
THIS FIRST AMENDMENT TO PARKING AGREEMENT ("Amendment") is
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entered into this ..2tiJ day of .Tilly
, 1993 ("Effective Date"), by
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and between the REDEVELOPMENT AGENCY of the city of San Bernardino,
a body corporate and politic, organized and duly existing pursuant
to the community Redevelopment Law of the State of California
BERNARDINO,
a
municipal
OF
SAN
CITY
and
the
("Agency") ,
corporation, ("city") and ALAN D. SMITH, post-confirmation trustee
of the bankruptcy estate of H. Frank Dominguez, and DAVID D. MILLER
AND DENYSE M.
MILLER,
husband and wife,
(collectively,
("Developer") .
RECITALS
WHEREAS, the Agency, the City, H. Frank Dominguez, d. b. a.
vanir Research Company, and David D. Miller and Denyse M. Miller,
husband and wife, entered into that certain parking Agreement dated
November 8, 1978 and recorded December 6, 1978 in the Official
Records of the San Bernardino county Recorder as Book 9574, Page
204 ("parking Agreement").
The Parking Agreement relates to
28 I I I I
RES 93-240
1 section 9.
2 (a) At any time after, and only after, the first thirty
3 one (31) years of the term of this Agreement, the City and the
4 Agency may determine, for whatever reason, that the public
5 parking should be discontinued in a portion or portions of the
6 block. In this event, the City and Agency shall provide
7 Developer with 199 comparable public parking spaces (without
8 parking time limitations), for use by the County and the
9 general public, within the block or at a location within a 400
10 foot radius of the block, or a combination thereof, throughout
11 the remaining term of this Agreement.
12
13 (b) Notwithstanding Subsection 9(a) above, the city or
14 the Agency may, at any time, construct a public parking
15 structure on any portion of the block, provided however, that
16 prior to the commencement of such construction, the City and
17 Agency shall provide Developer, for the use of the County and
18 the general public, the same number of public parking spaces
19 (without parking time limitations) within the block or within
20 a 400 foot radius of the block or a combination thereof, as
21 will be obstructed, eliminated, restricted or otherwise
22 rendered inaccessible to the County and the general public by
23 such construction. Such alternative parking shall be
24 maintained by the City and Agency until the earlier of (i) the
25 term of this Agreement or (ii) such time as each such
26 alternative parking space is replaced within the parking
27 structure so constructed and the County and the general public
28 I I I I
-3-
RES 93-240
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have unrestricted access to the same.
4. Original section 10 of the Parking Agreement is hereby
deleted in its entirety and replaced with the following
language:
Section 10. The term of this Agreement shall be 50 years
from the date of this Agreement or until such time as the
County ceases to occupy the County Building, whichever occurs
first.
5. Original section 17 of the Parking Agreement is hereby
deleted in its entirety and replaced with the following
language:
section 17. Nothing shall be done by the parties under this
Agreement which in any way: (1) would release the city from
its rental payment obligations under the Lease and the
Resolution of Issuance or (2) would prevent the levy and/or
collection of assessments pursuant to the proceedings for the
formation of the central City Parking District, the Lease or
the Resolution of Issuance. This Agreement is subject to the
provisions of the Central City Parking District, the Lease and
the Resolution of Issuance, except to the extent that any such
provision, including, without limitation, any provision
relating to the term or duration of anyone or more of the
same, provides for or has the effect of allowing the breach or
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RES 93-240
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unilateral termination of this Agreement by the City and
Agency or either of them.
6. original Exhibit "A" attached to the parking Agreement is
hereby deleted in its entirety and replaced by the Exhibit "A"
attached to this Amendment.
7. This Amendment shall not become operative and shall have
no force or effect unless and until the County executes an
agreement with Developer which extends the current term of
that certain county Lease Agreement dated effective May 1,
1988 and designated as County Contract No. 88-292 ("Lease") or
has the effect of extending such term whether by amendment to
the Lease or by new lease agreements for the County Building.
Said extension of the Lease or new lease agreement shall be
approved by the Agency and city and such approval shall not be
unreasonably withheld.
8. Except as provided herein, all other terms and condition
of the original Parking Agreement remain unchanged and in full
force and effect.
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
-5-
RES 93-240
1 FIRST AMENDMENT TO PARKING AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND REDEVELOPMENT AGENCY AND ALAN D. SMITH, POST-
2 CONFIRMATION TRUSTEE OF THE BANKRUPTCY ESTATE OF H. FRANK
DOMINGUEZ, AND DAVID D. MILLER & DENYSE M. MILLER.
3
5
6 Approved as to form
and legal content
ATTEST:
n 'I'.J.
Uf--c 41- u.,,-, ~
CITY CLERK
CITY llAN BERNARDINO
~. &,'
BY : / ('7?V\ ! /1.A-r\.
, TOM MINOR, MAYOR
4
7
JAMES F. PENMAN
8 CITY ATTORNEY
9 BY: ~ ?f~~
tJ
DEVELOPER:
Alan D. Smith, post-confirmation
trustee of the bankruptcy estate of
H. Frank Dominguez
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19 Attest:
20 /UI,\eJl~'1
21 Secretary l
22 Approved as to form
and 1 gal content
23 "
t..." -t..___
BY:
BY:
David D. Miller
BY:
Denyse M. Miller
Communi~y'D velopment Commission of
the c~ty of n Bernardino
BY:
Agency Administrator
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HAtQ€D AM.
. r"IVAT[ rARKINC
so CAl
...
Il..
CAL IFOftNIA
TI<.t,,, or
TM[ P'tIU'ORMINCi
..rs
u.s.
SOC'AI.
SCCUfll TY
i
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f
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4TH
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5
PARKING
DISTRICT LOT
PUBLIC PARKING
EXCLUDING :t ~?C
HANDICAP
HANDICAP Sl' ACES ' -0(;
#1
NOT TO SCALE
ISSUE DATE,
~E8. . TH 1993
~
RES 93-240
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
)
)
On JULY 6, 1993 before me, TAMARA N. TORRES
Notary Public , personally appeared KENNETH J. HENDERSON ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person (s), or thn 'entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~~''..a "X\.. ~~
(Seal)
r H H H ~ q ~ ~ . <f
. TAMARAN. TORRES
~ ca.N. 41976441 I
I Notary P\alIc - CaRfornla
SAN IlElIl'WlOINO COUNIY
f ~ ~ ~ ~ ~:"":,,.~-:N~V~.l~ 1
I
.1
1
STATEAOt CALIFORNIA
COUNTY OF SAN BERNARDINO
)
)
On JULY 6, 1993 before me, TAMARA N. TORRES
Notary Public , personally appeared TIMOTHY C. STEINHAUS ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person (s) whose name (s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature .,/~ ~'^-<)"-> \'\\.. "/~'Wl.-:J
"
(Seal)
I @~ ~ ~ ~ ~ ~TA~~~. ;OR~S~ - ~f
_ . COMM.#976441
I'. NatalY Public - California I
SAN BERNARDINO COUNTY I
J 'F ~ ~ ~ ~c_on:",~"_N~V~.l~_
RES 93-240
1 STATE OF CALIFORNIA
2 COUNTY OF _),4..,.,,) J~.D~'t..('w...~
)
)SS.
l
3 On ~.u.CL~ 7,1'1'13, 1993 before me, the undersigned a Notary
Public in and'Eor' said County and State, personally appeared
4 _rTrY>'\...J '!y!.J/Yl..L/?, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s)
5 is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity (ies), and that by
6 his signature(s) on the instrument the person(s), or entity upon
behalf of which person(s) acted, executed the instrument.
7
8
9
WITNESS my hand and official seal.
~ COf"FICIAL S!All
, RACHEL R. SHAY
. NOTARY PUBLIC . CAlIFORNI~
SAN BERNAROINO COUNTY
My Commission ExPires August 2, 1993
10 STATE OF CALIFORNIA
COUNTY O~ ~..,..u -::...~ !...~
)
)SS.
l
11
on~ 7 /Q?3, 1993 before me, the undersigned a No a
blic itiJand4for said County and State, personally appeared
13 ' . personally known to me (or proved to me on the
b sis of satisfactory evidence) to be the person(s) whose name(s)
14 is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity(ies), and that by
15 his signature(s) on the instrument the person(s), or entity upon
behalf of which person(s) acted, executed the instrument.
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STATE OF CALIFORNIA
WITNESS my hand and official seal.
C-:=-'
No
..L.J 3 ;b-J~.
c
)
)SS.
l
~ (CfFICIAl SEAL)
RACHEL R. SHAY
NOTARY PUBLIC. CAlIFORNI~
" SAN BERNARDINO COUNTY
My Commission ExPires August 2, 1993
20
COUNTY OF
21
On , 1993 before me, the undersigned a Notary
Public in and for said County and state, personally appeared
, personally known to me (or proved to me on the
23 basis of satisfactory evidence) to be the person(s) whose name(s)
is subscribed to the within instrument and acknowledged to me that
24 he executed the same in his authorized capacity(ies), and that by
his signature(s) on the instrument the person(s), or entity upon
behalf of which person(s) acted, executed the instrument.
22
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WITNESS my hand and official seal.
Notary Public
RES 93-240
1 STATE OF CALIFORNIA
2 COUNTY OF
)
)SS.
)
3 On , 1993 before me, the undersigned a Notary
Public in and for said County and state, personally appeared
4 ' personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s)
5 is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity(ies), and that by
6 his signature(s) on the instrument the person(s), or entity upon
behalf of which person(s) acted, executed the instrument.
7
8
9
WITNESS my hand and official seal.
Notary Public
10 STATE OF CALIFORNIA
11 COUNTY OF
)
)SS.
)
12 On , 1993 before me, the undersigned a Notary
Public in and for said County and State, personally appeared
13 ' personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s)
14 is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity(ies), and that by
15 his signature(s) on the instrument the person(s), or entity upon
behalf of which person(s) acted, executed the instrument.
16
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STATE OF CALIFORNIA
WITNESS my hand and official seal.
Notary Public
)
)SS.
)
20
COUNTY OF
21
On , 1993 before me, the undersigned a Notary
22 Public in and for said County and state, personally appeared
, personally known to me (or proved to me on the
23 basis of satisfactory evidence) to be the person(s) whose name(s)
is subscribed to the within instrument and acknowledged to me that
24 he executed the same in his authorized capacity(ies), and that by
his signature(s) on the instrument the person(s), or entity upon
25 behalf of which person(s) acted, executed the instrument.
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WITNESS my hand and official seal.
Notary Public
RES 93-240
.
1
RESOLUTION NO. 5371
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
3 AMENDMENT TO AGREEMENT WITH ALLAN D. SMITH, BANKRUPTCY TRUSTEE
SUCCESSOR TO H. FRANK DOMINQUEZ, DBA VANIR RESEARCH COMPANY AND
4 DAVID D. MILLER & DENYSE M. MILLER, AND REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO RELATING
5 TO PUBLIC PARKING SPACES, AND REPEALING RESOLUTION NO. 5359.
6 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
7
8
SECTION 1.
The Agency Administrator of the Economic
9 Development Agency of the City of San Bernardino is hereby
10 authorized and directed to execute on behalf of the Redevelopment
11 Agency of said City a First Amendment to Agreement with Allan D.
12 Smith, Bankruptcy Trustee Successor to H. Frank Dominguez, dba
13 Vanir Research Company, and David D. Miller and Denyse M. Miller,
14 and Redevelopment Agency of the City of San Bernardino and the
15 City of San Bernardino relating to public parking spaces, a copy
16 of which is attached hereto, marked Exhibit "I" and incorporated
17 herein by reference as fully as though set forth at length.
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SECTION 2.
Resolution No. 5359 is hereby repealed.
SECTION 3.
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
DAB/bg [Smith.lAM]
1
June 21, 1993
RES 93-240
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
2 AMENDMENT TO AGREEMENT WITH ALLAN D. SMITH, BANKRUPTCY TRUSTEE
SUCCESSOR TO H. FRANK DOMINQUEZ, DBA VANIR RESEARCH COMPANY AND
3 DAVID D. MILLER & DENYSE M. MILLER, AND REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO RELATING
4 TO PUBLIC PARKING SPACES, AND REPEALING RESOLUTION NO. 5359.
5 I HEREBY CERTIFY that the foregoing Resolution was duly
6 adopted by the Community Development Commission of the City of San
7
8
Bernardino at a
meeting thereof, held on the
6th
Rp:?1I1Plr
day of Julv
, 1993, by the following vote, to-wit:
9 Commission Members:
10 NEGRETE
11 CURLIN
12 HERNANDEZ
13 OBERHELMAN
14 OFFICE VACANT
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
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POPE-LUDLAM
x
MILLER
x
U,1~"A-"1
Secretary
The foregoing Resolution is hereby approved this 6th day
of
Julv
, 1993.
~Vl ?11'~~
Tom inor( Chairman
Community Development Commission
of the City of San Bernardino
Approved as to
form and legal content:
DENNIS A. BARLOW
Agency Counsel
By:~4- 1
./ -
DAB/bg [Smith. lAM]
2
June 21. 1993
RES 93-240
1
2
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Bruce D. Varner, Esq.
3 GRESHAM, VARNER, SAVAGE
NOLAN & TILDEN
4 600 North Arrowhead Avenue
suite 300
5 San Bernardino, CA 92401
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FIRST AMENDMENT TO PARKING AGREEMENT
THIS FIRST AMENDMENT TO PARKING AGREEMENT ( "Amendment") is
entered into this ~ day of .Tilly
, 1993 ("Effective Date"), by
and between the REDEVELOPMENT AGENCY of the City of San Bernardino,
a body corporate and politic, organized and duly existing pursuant
to the Community Redevelopment Law of the State of California
BERNARDINO,
a
municipal
SAN
OF
( "Agency") ,
and
the
CITY
corporation, ("city") and ALAN D. SMITH, post-confirmation trustee
of the bankruptcy estate of H. Frank Dominguez, and DAVID D. MILLER
AND DENYSE M.
MILLER,
husband and wife,
(collectively,
("Developer") .
RECITALS
WHEREAS, the Agency, the city, H. Frank Dominguez, d. b. a.
vanir Research Company, and David D. Miller and Denyse M. Miller,
husband and wife, entered into that certain Parking Agreement dated
November 8, 1978 and recorded December 6, 1978 in the Official
Records of the San Bernardino County Recorder as Book 9574, Page
204 ("parking Agreement").
The Parking Agreement relates to
28 / / / /
RES 93-240
1 parking for certain improved real property located at 494 North "E"
2 street ("County Building") now owned by Developer and leased to
3 the county of San Bernardino ("County"); and
4 WHEREAS, the parties desire to amend the Parking Agreement in
5 order to ensure adequate parking for the county and the general
6 public,
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NOW, THEREFORE, the parties agree as follows:
1. Section 1 of the Parking Agreement is hereby deleted in
its entirety and replaced with the following language:
section 1. Subject to section 9 below, the City and Agency
shall provide Developer with at least 199 public parking
spaces (without parking time limitations) within the area
bounded by E, 5th, F and 4th Streets as shown on attached
exhibit "A" ("block"), for use by the County and the general
public, throughout the term of this Agreement. In the event
Developer exercises either of the options provided for in
Section 2 below, such parking spaces shall be provided within
the block, but not necessarily as shown on exhibit "A",
2. Original section 8 of the Parking Agreement is hereby
deleted in its entirety.
3. original section 9 of the Parking Agreement is hereby
deleted in its entirety and replaced with the following
language:
RES 93-240
1 section 9.
2 (a) At any time after, and only after, the first thirty
3 one (31) years of the term of this Agreement, the City and the
4 Agency may determine, for whatever reason, that the public
5 parking should be discontinued in a portion or portions of the
6 block. In this event, the City and Agency shall provide
7 Developer with 199 comparable public parking spaces (without
8 parking time limitations), for use by the County and the
9 general public, within the block or at a location within a 400
10 foot radius of the block, or a combination thereof, throughout
11 the remaining term of this Agreement.
12
13 (b) Notwithstanding Subsection 9(a) above, the city or
14 the Agency may, at any time, construct a public parking
15 structure on any portion of the block, provided however, that
16 prior to the commencement of such construction, the city and
17 Agency shall provide Developer, for the use of the County and
18 the general public, the same number of public parking spaces
19 (without parking time limitations) within the block or within
20 a 400 foot radius of the block or a combination thereof, as
21 will be obstructed, eliminated, restricted or otherwise
22 rendered inaccessible to the County and the general public by
23 such construction. Such alternative parking shall be
24 maintained by the City and Agency until the earlier of (i) the
25 term of this Agreement or (ii) such time as each such
26 alternative parking space is replaced within the parking
27 structure so constructed and the County and the general public
28 / / / /
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RES 93-240
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have unrestricted access to the same.
4. original section 10 of the Parking Agreement is hereby
deleted in its entirety and replaced with the following
language:
Section 10. The term of this Agreement shall be 50 years
from the date of this Agreement or until such time as the
County ceases to occupy the County Building, whichever occurs
first.
5. Original section 17 of the Parking Agreement is hereby
deleted in its entirety and replaced with the following
language:
section 17. Nothing shall be done by the parties under this
Agreement which in any way: (1) would release the city from
its rental payment obligations under the Lease and the
Resolution of Issuance or (2) would prevent the levy and/or
collection of assessments pursuant to the proceedings for the
formation of the Central City Parking District, the Lease or
the Resolution of Issuance. This Agreement is subject to the
provisions of the Central city Parking District, the Lease and
the Resolution of Issuance, except to the extent that any such
provision, including, without limitation, any provision
relating to the term or duration of anyone or more of the
same, provides for or has the effect of allowing the breach or
/ / / /
-4-
RES 93-240
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unilateral termination of this Agreement by the city and
Agency or either of them.
6. original Exhibit "A" attached to the Parking Agreement is
hereby deleted in its entirety and replaced by the Exhibit "A"
attached to this Amendment.
7. This Amendment shall not become operative and shall have
no force or effect unless and until the County executes an
agreement with Developer which extends the current term of
that certain County Lease Agreement dated effective May 1,
1988 and designated as County Contract No. 88-292 ("Lease") or
has the effect of extending such term whether by amendment to
the Lease or by new lease agreements for the County Building.
said extension of the Lease or new lease agreement shall be
approved by the Agency and City and such approval shall not be
unreasonably withheld.
8. Except as provided herein, all other terms and condition
of the original parking Agreement remain unchanged and in full
force and effect.
/ / / /
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/ / / /
/ / / /
-5-
RES 93-240
1 FIRST AMENDMENT TO PARKING AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND REDEVELOPMENT AGENCY AND ALAN D. SMITH, POST-
2 CONFIRMATION TRUSTEE OF THE BANKRUPTCY ESTATE OF H. FRANK
DOMINGUEZ, AND DAVID D. MILLER & DENYSE M. MILLER.
3
4
ATTEST:
~ -I' J.
,,-e_i..~L C -L "-' ~
CI CLERK
CITY o:l" SAN BERNARDINO
~. n~'
BY: / (;97V\ (I' ~
. TOM MINOR, MAYOR
5
6 Approved as to form
and legal content
7
JAMES F. PENMAN
8 CITY ATTORNEY
9 BY: 11.a"".. 7- f~~
10 tJ
DEVELOPER:
Alan D. smith, post-confirmation
trustee of the bankruptcy estate of
H. Frank Dominguez
11
12
13
14
15
16
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18
BY:
BY:
David D. Miller
BY:
Denyse M. Miller
commu~tY'D velopment Commission of
the city of n Bernardino
BY: /~'" '
Agency Administrator
19 Attest:
20 UJ,~Jl~'1
21 Secretary l
22 Approved as to form
and 1 gal content
23 /',
24
25
26
27
28
HA1CHt:D AlttA
. PRIVATE PAAKINI
so CAL
"'.
.....
CALIFORNIA
Ttt:A TCA OF
THE PElU'ORM I Nli
..n
u.s.
SOCIAL
seCURITY
i
I
,
I
I
I
I
L
4TH
5T
-
\
II
N
, ' W E
( +
5
NOT TO SCALE
PARKING
DISTRICT LOT
PUBliC PARKING
EXCLUDING :t 4';C
HANDICAP
HANDICAP SPACES . -.c
#1
ISSUE DATE:
~E8, 4TH 1993
J
RES 93-240
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
)
)
On JULY 6, 1993 before me, TAMARA N. TORRES
Notary Public , personally appeared KENNETH J. HENDERSON ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
helshelthey executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or tit" ~ntity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~~,f1.o ~,~\NU)
(Seal)
J ~ ~ ~ . . ~~~.;~~ ~ l
i@Notary~~~~ I
J SAN IlERIWlOINO COUNTY J
, ~ . ~ _ ~~'~,,:N~V~.I~
STATE/lJy CALIFORNIA
COUNTY OF SAN BERNARDINO
)
)
On JULY 6, 1993 before me, TAMARA N. TORRES
Notary Public , personally appeared TIMOTHY C. STEINHAUS ,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in hiS/her/their authorized
capacity(ies), and that by hislherltheir signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~ """","""" "'\, ../~\NJ.-,
"
(Seal)
t@~ ~ - ~ - -TA~~:.;OR:ES- - ~f
~ COMM.#976441 I
:5 ,-.' _ Notory PubDc - ColtfomJo ~
I SAN BERNARDiNO COUNTY I
J My Comm. ExpIres NOV 1.1996
J~ ~ ~ ~ ~ ~ ~ _ ~ ~ ~ ~ T _
RES 93-240
1 STATE OF CALIFORNIA
2 COUNTY OF 0L...0 J;>L-.'-)t..G~~
)
)SS.
)
a Notary
red
e on the
name(s)
o me that
that by
ity upon
.
l S!AL'
R.SHAY
. CALIFORNIA
INO COUNTY
gust 2, 1993
a Notar:
red
e on the
name(s)
me that
that by
ity upon
.
Ll
HAY
lIFORNIA
OUNTY
2, 1993
a Notary
red
e on the
name(s)
me that
that by
ity upon
3 On ~.u.lL:j.. 7, If'13, 1993 before me, the undersigned
Public in and ~or' said County and State, personally appea
4 ,tTl"Yl'LJ '!Y7~" personally known to me (or proved to m
basis of satisfactory evidence) to be the person(s) whose
5 is subscribed to the within instrument and acknowledged t
he executed the same in his authorized capacity(ies), and
6 his signature(s) on the instrument the person(s), or ent
behalf of which person(s) acted, executed the instrument
7
8
WITNESS my hand and official seal.
9
e (OFFIC,'"
10 STATE OF CALIFORNIA) RACHEL
) SS . NOTARY PUBLIC
'3> ., \0 / " SAN BERNARO
11 COUNTY 011: "'......... --.i ) I)V)<AfV'<-~ ) My Commission Expires Au
12 on~ 7 !'I<{3, 1993 before me, the undersigned
@PbliCirlJand4fOrsaidcountyandstate,personallyappea
13 _~, ~J2 n personally known to me (or proved to m
b sis of satisfactory evidence) to be the person(s) whose
14 is subscribed to the within instrument and acknowledged to
he executed the same in his authorized capacity(ies), and
15 his signature(s) on the instrument the person(s), or ent
behalf of which person(s) acted, executed the instrument
16
17
18
19
20
WITNESS my hand and official seal.
~.
No
c
~
STATE OF CALIFORNIA
)
)SS.
)
(orFICIAl SEA
RACHEL R. S
NOTARY PUBLIC. CA
SAN BERNAROINO C
My Commission Expjres August
COUNTY OF
21
On , 1993 before me, the undersigned
Public in and for said County and State, personally appea
, personally known to me (or proved to m
23 basis of satisfactory evidence) to be the person(s) whose
is subscribed to the within instrument and acknowledged to
24 he executed the same in his authorized capacity (ies) , and
his signature(s) on the instrument the person(s), or ent
25 behalf of which person(s) acted, executed the instrument.
22
26
27
28
WITNESS my hand and official seal.
Notary Public
RES 93-240
1 STATE OF CALIFORNIA
2 COUNTY OF
)
)SS.
)
On , 1993 before me, the undersigned a Notary
Public in and for said County and State, personally appeared
4 ' personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s)
5 is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity(ies), and that by
6 his signature(s) on the instrument the person(s), or entity upon
behalf of which person(s) acted, executed the instrument.
7
3
WITNESS my hand and official seal.
8
9
10 STATE OF CALIFORNIA
11 COUNTY OF
Notary Public
)
)SS.
)
12 On , 1993 before me, the undersigned a Notary
Public in and for said county and State, personally appeared
13 ' personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s)
14 is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity(ies), and that by
15 his signature(s) on the instrument the person(s), or entity upon
behalf of which person(s) acted, executed the instrument.
16
17
18
19
STATE OF CALIFORNIA
WITNESS my hand and official seal.
Notary Public
)
)SS.
)
20
COUNTY OF
21
On , 1993 before me, the undersigned a Notary
22 Public in and for said county and State, personally appeared
, personally known to me (or proved to me on the
23 basis of satisfactory evidence) to be the person(s) whose name(s)
is subscribed to the within instrument and acknowledged to me that
24 he executed the same in his authorized capacity(ies), and that by
his signature(s) on the instrument the person(s), or entity upon
25 behalf of which person(s) acted, executed the instrument.
26
27
28
WITNESS my hand and official seal.
Notary Public