HomeMy WebLinkAbout1989-121
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RESOLUTION NO. 89-121
2 RESOLUTION OF THE CITY OF SAN BERNARDINO CONSENTING TO THE
EXECUTION OF A THIRD AMENDMENT TO PARKING LICENSE AND EASEMENT
3 WITH OPTION RIGHTS BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AND CENTRAL CITY COMMERCE CENTER
4 AND REPEALING RESOLUTION NO. 88-306.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Resolution No. 88-306 is hereby repealed.
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SECTION 2.
The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute for and on behalf of
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said City a Consent Clause contained in the Third 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 3.
The authorization to execute the above-
referenced consent is rescinded if the parties to the referenced
Amendment fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
meeting thereof, held on the
, 1989, by the following vote,
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1 RESOLUTION OF THE CI'I'Y OF SAN BERNARDINO CONSENTING TO THE
EXECUTION OF A THIRD AMENDMENT. RESOLUTION NO.
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AYES:
Council Members Estrada, Flores, Maudsley, Minor,
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Miller
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NAYS:
None
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ABSENT:
Council Members Reillv. Pone-Ludlam
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Aw/>>/~~
City Clerk
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The foregoing resolution is hereby approved this c3/7~
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day of
May
, 1989.
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Evlyn Wilcox, a or
City of San Bernardino
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Approved as to form
and Legal Content:
JAMES F. PENMAN
BY:~
/ --City - arMy
DAB:br
April 24, 1989
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~. .
THIRD AMENDMENT TO PARKING LICENSE
AND EASEMENT WITH OPTION RIGHTS
THIS THIRD AMENDMENT entered into effective the ~~~. day of
Lrn~ ,1989, 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, and 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.
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
delay the start of a portion of the $20.00 per space, per month,
lease payment, to provide for exterior maintenance and
appearance, to provide for joining a maintenance and security
district if one is formed for the Main Street Revitalization
Project, and to provide for approval by the Agency of exterior
building and parking area facade improvements in keeping with the
DAB:cez
December 22, 1988
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Main street Revitalization Project.
IMPLEMENTATION
The parties heretofore agree that:
A. Paragraph 2.5 as added to the Agreement by the
First Amendment dated April 4, 1985, 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 January 1,
1995, at which time the monthly charges shall
begin to be due and to be paid by Center to
Agency.
Except that upon execution of this
Third Amendment, Center shall commence and
continue to pay the operation and maintenance
costs for said parking spaces to Agency as
periodically established.
All sums accrued
and past due for monthly parking space
charges are hereby excused, and shall not
become due. On January 1, 1995, 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
DAB:cez 2
December 22, 1988
no effect whatsoever upon payment of the
$13,000 annually involving reimbursement for
the cost of establishing parking spaces in
the 'J' building, and the monthly per space
charge shall be subject to adjustment
periodically as provided for in Section 2.3."
B. Paragraphs 2.6, 2.7 and 2.8 are hereby added to the
agreement to read as follows:
"2.6.
Center shall provide and maintain
exterior maintenance and appearance of the
Woolworth building to the satisfaction of
Agency and hereby agrees to join a
maintenance and security district if one is
formed for the Main Street Revitalization
Project or any similar downtown
rehabilitation program."
" 2 . 7 .
Center agrees to make such
improvements as are required by the Main
street Revitalization Project or any similar
downtown rehabilitation program to the
exterior building and parking area facade,
provided that the cost of any such
improvements shall not exceed the total sum
of $50,000 including costs in the approximate
amount of $33,588 for exterior improvements
as presently planned. The west wall of the
DAB:cez 3
December 22, 1988
. ...
building is to be resurfaced in such a manner
as to be compatible with and architecturally
conform to the existing north wall. All
such proposed improvements shall be first
submitted to the Agency for approval."
"2.8 A wrought iron security fence to be
approved by the Project Manager of San
Bernardino Downtown Main street, Inc. shall
be installed around the transformer. In
addition, the transformer pad shall be
designed to drain to the street."
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
above.
Agreement effective as of the date and year first set forth
By
By
Approved as to
and legal ont
DAB:cez
December 22, 1988
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The City of San Bernardino hereby consents to this
Agreement.
CITY OF SAN BERNARDINO
#~~~
,"-ei ty Clerk
By
ATTEST:
DAB:cez
December 22, 1988
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