HomeMy WebLinkAbout1993-453
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RESOLUTION NO. 93-453
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RESOLUTION OF THE CITY OF SAN BERNARDINO CONSENTING TO THE
EXECUTION OF A FOURTH AMENDMENT TO PARKING LICENSE AND
EASEMENT WITH OPTION RIGHTS BETWEEN THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AND
CENTRAL CITY COMMERCE CENTER.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
S ecti on 1.
The Mayor of the City of San Bernardino is hereby authorized and
directed to execute for and on behalf of said City a Consent Clause contained in the
Fourth Amendment to Parking License and Easement With Option Rights between the
Community Development Commission of the City of San Bernardino and Central City
Commerce Center, a copy of which is attached hereto as Exhibit "1", and incorporated
herein by reference as fully as though set forth at length.
Section 2.
The authorization to execute the above-referenced consent is
17 rescinded if the parties to the referenced Amendment fail to execute it within sixty (60)
18 days of the passage of this resolution.
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JBH:nml
November 17, 1993
93-453
1 RESOLUTION OF lliE CITY OF SAN BERNARDINO CONSENTING TO 1HE EXEClmON
OF A FOURlli AMENDMENT TO PARKING LICENSE AND EASEMENT WIlli OPTION RIGHTS
2 BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF 1HE CITY OF SAN
BERNARDINO AND CENTRAL CITY COMMERCE CENTER.
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I HEREBY CERTIFY tltattlte foregoing resolution was duly adopted by the Conununity
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Development Commission of the City of San Bernardino at a reqular meeting thereof, held on the
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6th day of DeeembeFl993, by tlte following vote, to wit:
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The foregoing resolution is hereby approved tltis _ day of Dee. . 1993.
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~ )tit~
Tom Minor. Mayor
City of San Bernardino
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Approved as to form
and legal content:
James F. Penman
City Attorney
.. . Res 93-453
FOURTH AMEND_NT TO PARKING LICENSE
AND EASEMI!:NT WITH OPTION JUGHTS
THIS FOURTH AMENDMENT entered into and effective this 6
day of Decembe,r 1993, between the COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, hereinafter "Agency", and
CENTRAL CITY COMMERCE CENTER, a California general partnership, as
licensee, hereinafter "Center", and consented to by the CITY OF SAN
BERNARDINO, hereinafter "City", amends that certain Parking License
and Easement with Option Rights entered into between the parties on
the 21st day of April, 1983, as previously amended pursuant to
Resolution No. 4737 of the Community Development Commission and
Resolution No. 85-84 of the City of San Bernardino, as further
amended effective June 2, 1986, pursuant to Resolution No. 4884 of
the Community Development Commission and Resolution No. 86-192 of
the City of San Bernardino, and as further amended effective May 4,
1989 pursuant to Resolution No. 5187 of the Community Development
Commission and Resolution No. 89-121 of the City of San Bernardino.
RECITALS
The parties hereto desire to amend that certain Parking
License and Easement with Option Rights, hereinafter referred to as
the "Agreement", heretofore entered into as specified above to
further delay the start of a portion of the $20.00 per space, per
month, lease payment.
JBH:nml
November 17, 1993
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93-:453
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IMPLEMENTATION
The parties heretofore agree that:
A. Paragraph 2.5 as added to the Agreement by the First
Amendment dated April 4, 1985, and as amended by the Third
Amendment dated May 4, 1989, is hereby amended to read as follows:
"2.5
Notwithstanding the provisions of
Section 2.3 above, payments by Center, as
licensee,
for the monthly parking space
charges shall be postponed until August 31,
2003, at which time the monthly charges shall
begin to be due and to be paid by Center to
Agency.
Except that Center shall pay the
operation and maintenance costs for said
parking spaces to Agency as periodically
established. On August 31, 2003, the licensee
shall forthwith commence monthly payments at
the rate of $20.00 per month, per space, for
each of the parking spaces included in the 'J'
building and for each of the parking spaces
covered by this agreement in the parking
structure.
This amendment shall have no
effect whatsoever upon payment of the $13,000
annually involving reimbursement for the cost
of establishing parking spaces in the 'J'
JBH:nml
November 17, 1993
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93-453
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building, and the monthly per space charge
shall be subject to adjustment periodically as
provided for in Section 2.3"
3. In all other respects the Parking License and Easement
with Option Rights as entered into on the 21st day of April, 1983,
and as previously amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement
effective as of the date and year first set forth above.
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
BY~~)~
-thalrman
CENTRAL CITY COMMERCE CENTER
A Calif. General Partnership
By
By
By
Approved as to form
and legal content:
~tJ~
Agency unse
JBH:nml
November 17, 1993
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93-453
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The City of San Bernardino hereby consents to this Agreement.
ATTEST:
CITY OF SAN BERNARDINO
(l~~
Ci t~ Clerk
By: /~~
Tom Minor, Mayor
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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