HomeMy WebLinkAbout1986-177
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RESOLUTION NO. 86-177
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND RICHARD PLASTINO AND JANICE PLASTINO EXTENDING
TIME FOR REHABILITATION OF BUILDING.
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 for and on behalf of
said City an Agreement between City, Richard Plastino and Janice
Plastino extending the time for rehabilitation of the building
located at the northwest corner of Second Street and nD" Street
in the City of San Bernardino. A copy of said agreement is
12 attached hereto as Exhibit nln and incorporated herein by
13 reference.
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I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a
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18 wit:
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reaular
meeting thereof, held on the
, 1986, by the following vote, to
J9th
day of
Mav
AYES:
Council Members
Estrada, Hernandez, Marks,
Ouiel. Frazier. Strickler
NAYS:
None
ABSENT:
Council Member Reilly
~h'/,74~
/ City Clerk
The foregoing resolution is hereby approved this vZOt:{ day
May , 1986.
/~~f
l' ,
the City of San Bernardino
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Approved as to form:
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City A torney
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
RICHARD PLASTINa AND JANICE PLASTINa EXTENDING
TIME FOR REHABILITATION OF BUILDING
The CITY OF SAN BERNARDINO, hereinafter "City., and RICHARD
PLASTINa AND JANICE PLASTINa, hereinafter referred to as
.Licensees", do hereby agree that that certain Consent to
Assignment and Delegation of Duties, and Consent to Extension of
Time for Performance of Commencement of Rehabilitation and
Completion of Rehabilitation of Building executed the 20th day of
December, 1984, is hereby amended in the following respects:
1. Licensees are hereby granted an additional eight (8)
months within which to complete the rehabilitation and occupancy
of the building located at the northwest corner of Second Street
and "D" Street in the City of San Bernardino, in accordance with
the plans already approved by the City of San Bernardino.
Licensees agree that the rehabilitation of the building in
accordance with approved plans and occupancy thereof shall be
undertaken and completed not later than December 31, 1986, and
that financing arrangements and bidding shall be completed by
June 15, 1986; that construction shall commence not later than
June 15, 1986, and continue without interruption until
completion.
If Licensees fail to obtain financing by June 15,
1986, fail to let a construction contract by June 15, 1986, fail
to keep construction in progress continuously, or fail to
complete construction by December 31, 1986, City shall have the
option to declare a breach, and to terminate the License
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Agreement.
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2. The parties do further agree that Paragraph 2 of the
Parking Agreement (second level of five-level parking structure)
originally entered into between the City and Brannfors, White,
Rogers and Company is hereby amended to read as follows:
"2. Allocation of Spaces. City agrees to assign and
allocate 54 spaces located at the southeast corner of the fifth
level of the five-level parking structure to Company for use by
its officers, employees, tenants and invitees occupying the
building located on the northwest corner of Second and "D"
Streets. The designated spaces are illustrated on Exhibit "A"
attached hereto and incorporated herein by reference. The
allocation specified herein is subject to relocation at the sole
discretion of the City if such relocation appears necessary based
upon a parking study undertaken by the City or a recommendation
of a consultant retained by the City. In addition, City agrees
that Licensees may, at their own sole expense, construct a
canopied walkway from Licensees' building to the fifth level of
the five-level parking structure, subject to design and
architectural approval of City. Licensees may construct, in
accordance with plans approved by City, a driveway between
Licensees' property and the,Second Street entrance to the five-
level parking structure to enable persons to pass from Licensees'
parking area into the five-level parking structure without
entering Second Street. Such construction shall be performed in
accordance with standards established by the City Engineer."
3. Paragraph 7 of the Parking Agreement is hereby deleted.
4. The time limits specified herein shall be strictly
complied with, and conditions beyond Licensees' control shall not
justify non-compliance. In determining whether a default shall
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be declared, City agrees to allow a 30-day grace period as to any
deadline, but no additional time shall be allotted for any reason
whatever.
5. In all other respects, that certain Parking Agreement
heretofore entered into between the City and Brannfors, White,
Rogers and Company, assigned by Brannfors, White, Rogers and
Company to Richard Plastino and Janice Plastino, shall remain in
full force and effect.
IN WITNESS WHEREOF,
effective the 7'c~
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Approved as to form:
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21 4!ity At omey
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~//f'';?~~
tity Clerk
the parties have executed this agreement
day of ,)un~) , 1986.
CITY OF SAN BERNARDINO
'~hard Plastino
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