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HomeMy WebLinkAbout1988-457 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 1 RESOLUTION 88-457 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING NULL AND VOID THE AGREEMENT EXECUTED BY AND BETWEEN THE CITY OF SAN 3 BERNARDINO AND RICHARD AND JANICE PLASTINO, ASSIGNEES OF BRANNFORS, WHITE, ROGERS AND COMPANY RE: 54 SPACES IN THE FIVE- 4 LEVEL PARKING STRUCTURE, DECLARING THE FORFEITURE OF THE PERFORMANCE BOND AND WAIVING PAYMENT OF ACCRUED RENTS. 5 WHEREAS, on or about November 5, 1982, the Mayor and Common 6 Council adopted Resolution No. 82-348 authorizing the execution 7 of a Parking Agreement with Brannfors, White, Rogers and Company 8 9 relative to the allocation of 54 parking spaces on the second level of the five-level parking structure (Agreement); and, WHEREAS, on or about December 20, 1984, the Mayor and Common Council adopted Resolution No. 84-534 consenting to Assignment and Delegation of Duties and Consent to Extension of Time For Performance of Commencement of Rehabiitation and Completion of Rehabilitation of Building, assigning said Agreement to Richard and Janice Plastino; AND, WHEREAS, at its meeting of March 31, 1988, the Parking Place Commission heard evidence as follows: 18 1. That the Plastinos are unable to meet their 19 financial obligations under the Agreement; 2. Rents on the 54 parking spaces have accrued in the amount of $13,000.00, but the Plastinos have never taken possession of such spaces and the City had not otherwise been caused to lose the use of such spaces as a result of any activity of the Plastinos; and, JFW:ss November 1, 1988 1 1 3 . The city holds cash in the amount of 2 $1,080.00, as a performance bond from the Plastinos. 3 Based thereon, the Commission adopted the recommendation 4 that the Agreement be declared null and void and of no further 5 force and effect, for failure of the Plastinos to meet their 6 obligations thereunder; that the performance bond be declared 7 forfeited; and, that the Plastinos be forgiven all rents accrued, 8 but unpaid, for the use of the 54 spaces on the second level of 10 of Second and "0" Street. 9 the five-level parking structure located at the northwest corner 11 WHEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 13 12 THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Pursuant to Section 3 of the Agreement said 14 Agreement is hereby declared to be null and void and of no 15 further force and effect and the performance bond deposited with 17 16 the City is hereby declared forfeited. SECTION 2. All requirements for payment of rents for the 18 use of the 54 parking spaces on the second level of the five- 19 level parking structure accruing after date of assignment to the 20 Plastinos, or as otherwise required to be paid under the 21 Agreement are hereby deemed waived as to Richard and Janice 23 22 Plastino. 24 25 26 27 28 JFW:ss November 1, 1988 2 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . ... I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino, at a meeting held on the 5th day regular of December , 19~, by the following vote, to wit: AYES: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: Council Member Maudsley The day of ~C~/~~,,~~ Ci ty'Clerk foregoing reSOlut~ion is hereby approve~d this )1~~ December ':~d ?? ~ E y~X, Mayor City of San Bernardino Approved as to form and gal content: JFW:ss November 1, 1988 3 .., . . Wayne Overstreet, Supt. Public buildings/parking Control City of San Bernardino 300 north liD" St. San Bernardino Ca 92418 5 January 88 __.A Dear Wayne In response to your letter dated 9 December 87, regarding my lease for 54 parking spaces agreement NO 84-534: Unfortunately, I have not been successful in pre-leasing the building at 200 N liD" St. Pre-leasing has been a requirement for obtaining construction financing. At one point in time I had a comrnittment for financing which was approximately $206,000 short. I was in negotiations with the RDA for assistance but at the last minute the offer of assistance was withdrawn. The reason given being that San Bernardino doesn't need another vacant building down town. The 54 spaces assigned in the lease have never been occupied by myself of anyone in my control. They have never been marked off as assigned and remain as generally available for public use. To date I have paid approximately $25,000 in fees to San Bernardino in regard to this building. I am not in the position to pay any further fees without some reasonable probability of return. It will not require any legal action to viod my lease. Obvously I would prefer to have the lease remain in place. However, if that is not possible, then we will have to reach some other arrangement. - ~~''''''+-''~_i ty ofj i~cussin-::; t1-- ~ -::: ".~.....1-, '."QU. I ,-,.--,,,'-~ .: c:,:' ~. a ,~.'-,~ =~ :. . ..~~ I~~ r- t :~~e ~ /" /L ' /' / -' / .// ~.- "'-.; T L / / ,- I "~c"~- - r-~, 1307 Santanella Terr Corona Del Mar Ca 92625 /; .......- . of ... ..... . . .300 NORTH "0" STREET, SAN BERNAROINO, CALIFORNIA 92418 EVLYN WILCOX Mayor Members of the Common ':ouncll Esther Estrada. . . . . . . . . . . . . First Ward JaCk Reilly. . . . . . . . . . . . . . Second Ward Ralph Hernandez. . . . . . . . . . . Third Ward Steve Marks . . . . . . . . . . .. Fourth Ward Gordon Quie' . . . , . . . . . '. . Flftn Ward Oan Frazier. . . . . . . . . . " . Slxtn Ward J.I:;O\. Strickler. . . . . . . . , .. jeventh Ward ~ t. t 'I' , u.~ Decemb~ - 9, 1987 Richard & Janice Plastino 1307 Santanella Terrece Corona Del Mar, CA. 92625 . , 1 I I . I I I ! Our records show that maintenance and utility cost for the 54 r parking spaces in the 5 level parking structure, in accor- t dance with agreement No. 84-534, has not been paid since I January 1987 and is now outstanding in the amount of $13,867.20. I Dear Mr. Mrs. Plastino, The City Attorney's Office has advised us that service of a "NotiCE to Quit", under Section 1161 of the Code of Civil ProcedLre, may subject your Parking Agreement to termination without formal court action. We do !.ut desire to take such action, and therefore urge thJ.t you bring this account current immediately. If you fall to bring tnis account current within ten (10) days, we \;i11 ask the Mal' or and Common Council, to declare a defaul t in t e agreern: ~t, and may declare the agreement forfeited anI s ~K 3 writ o. possession in an unlawful detainer action. WO:mal ~/~, i \ ~ ~.- I' , ~ " ., "4.