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HomeMy WebLinkAbout02- Administration CITY OF SAN BERiv. RDINO REQUEST R COUNCIL ACTION _•om: Subject: Peggy Ducey Amendment to Parking Agreement Dept: Administration Date: June 11, 1993 Synopsis of Previous Council action: November, 1978- Redevelopment Agency and City approved parking agreement between Vanir Research Company and Dennis and Denyse Miller. April 5, 1993 - Redevelopment Agency and City approved first amendment to parking agreement. Recommended motion: City motion: Adopt resolution. Agency motion: Adopt resolution. C, Signature Contact person: Peggy Ducey Phone: 5122 Supporting data attached: yes Ward: 1 FUNDING REQUIREMENTS: Amount: Source: (Acct No.) (Acct Description) Finance: Council Notes: _ Agenda Item No. =� CITY OF SAN BERM.. _RDINO - REQUEST . _WR COUNCIL ACTION STAFF REPORT On April 5, 1993 , the Common Council and the Economic Development Commission approved an amendment to a parking agreement in relation to the old Penney's building at 494 North "E" Street, now occupied by the Department of Social Services (DPSS) . The approved amendment was one of a number of actions taken by the City to address parking and security concerns that DPSS had and to encourage them to continue services in the downtown area, rather than moving to a new location. DPSS agreed to sign a seven (7) year lease, with a renewal option if the City approves the attached amendment. After Council approved the amendment, attorneys for the building owners had some questions regarding the contract language. Both the City and the property owners agreed on the intent of the amendment, but felt the wording might cause confusion in the future if those involved now were no longer around. This amendment changes the original parking agreement (Resolution 135-15) to ensure that a minimum of 199 of the 280 spaces in public Parking Lot #1 will remain open public parking. The first agreement guaranteed 122 of the 280 spaces would remain public parking. In the past, the City has leased public parking spaces to property owners and currently, eighty-one (81) of the 280 available spaces in Lot #1 have been leased to Allan Steward, Inc. for the old gas company building. The original agreement also contains a clause regarding long-term parking availability. It ensures that public parking in Parking Lot #1 is guaranteed for the first twenty-five years of this during the second twenty-five ears, public agreement and if g Y Y P parking is discontinued for any reason, the Economic Development Agency would find comparable public parking within 400' of the DPSS building. The amendment allows the City some latitude with Parking Lot #1 in terms of developing long-term parking solutions, extends the guaranteed parking for DPSS from 25 to 31 years to coincide with the DPSS lease extension. This amendment is contingent upon DPSS renewing is current lease of 494 North "E" Street, and will only be in affect while DPSS continues to occupy the property. RECOMMENDATION Approve City and Agency Resolution. 0 fA 0 D&r s:� 0 1 RESOLUTION NO. 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 Amendment to Agreement with Allan D. Smith, bankruptcy trustee, 10 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 p 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. 16 SECTION 2 . Resolution No. 93-109 is hereby repealed. 17 SECTION 3. The authorization to execute the above referenced 18 agreement is rescinded if the parties to the agreement fail to 19 execute it within sixty (60) days of the Y passage of this 20 resolution. 21 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 _ 24 meeting thereof, held on the day of , 1993 25 by the following vote, to wit: 26 27 28 wa 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 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 OFFICE VACANT 11 POPE-LUDLAM 12 MILLER 13 14 15 16 Rachel Clark, City Clerk 17 The foregoing resolution is hereby approved this day of is , 1993 . 19 Tom Minor, Mayor 20 City of San Bernardino 21 Approved as to form and legal content: 22 JAMES F. PENMAN 23 City Attorney 24 By 25 26 27 28 031 Vj. ( o 1 RESOLUTION NO. 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. 18 SECTION 2. Resolution No. 5359 is hereby repealed. 19 SECTION 3. The authorization to execute the above- 20 referenced Agreement is rescinded if the parties to the Agreement 21 fail to execute it within sixty ( 60) days of the passage of this 22 Resolution. 23 24 25 26 27 28 DAB/bg [Smith.lAM] 1 June 21, 1993 I 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 Bernardino at a meeting thereof, held on the 8 day of 1993, by the following vote, to-wit: 9 Commission Members: AYES NAYS ABSTAIN ABSENT 10 NEGRETE 11 CURLIN 12 HERNANDEZ 13 OBERHELMAN 14 OFFICE VACANT 15 POPE-LUDLAM 16 MILLER 17 18 Secretary 19 The foregoing Resolution is hereby approved this day 20 of 1993. 21 22 Tom Minor, Chairman Community Development Commission 23 of the City of San Bernardino 24 Approved as to form and legal content: 25 DENNIS A. BARLOW 26 Agency Counsel 27 By: 28 DAB/bg [Smith.lAM] 2 June 21, 1993 1 RESOLUTION NO. 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. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 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 Amendment to Agreement with Allan D. Smith, bankruptcy trustee, 10 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. 16 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 17 the Mayor and Common Council of the City of San Bernardino at a _ 1s meeting thereof, held on the day of 1993, 19 by the following vote, to wit: 20 21 22 23 24 25 26 27 28 / / / / 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. 4 5 Councilmembers AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 OFFICE VACANT 11 POPE-LUDLAM 12 MILLER 13 14 15 Rachel Clark, City Clerk 16 The foregoing resolution is hereby approved this day of 17 1993 . 18 Tom Minor, Mayor 19 City of San Bernardino 20 Approved as to form 21 and legal content: 22 JAMES F. PENMAN City Attorney 23 By: 24 25 26 27 28 1 RESOLUTION NO. 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. 5 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The Agency Administrator of the Economic 8 Development Agency of the City of San Bernardino is hereby 9 authorized and directed to execute on behalf of said City a First 10 Amendment to Agreement with Allan D. Smith, bankruptcy trustee, 11 successor to H. Frank Dominguez, dba Vanir Research Company and 12 David D. Miller & Denyse M. Miller, and Redevelopment Agency of the 13 City of San Bernardino and the City of San Bernardino relating to 14 Public parking spaces, a copy of which is attached hereto, marked 15 Exhibit "I" and incorporated herein by reference as fully as though 16 set forth at length. 17 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 18 the Mayor and Common Council of the City of San Bernardino at a _ 19 meeting thereof, held on the day of 1993, 20 by the following vote, to wit: 21 / / 22 / / / / 23 / / / / 24 / / / / 25 / / / / 26 27 28 / / / / 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. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly 6 adopted by the Community Development Commission of the City of San 7 Bernardino at a meeting thereof, held on the _ 8 day of 1993 , by the following vote, to wit: 9 10 Commission Members AYES NAYS ABSTAIN ABSENT 11 NEGRETE 12 CURLIN 13 HERNANDEZ 14 OBERHELMAN 15 OFFICE VACANT 16 POPE-LUDLAM 17 MILLER 18 Secretary 19 20 The foregoing resolution is hereby approved this day of 21 , 1993 . 22 Tom Minor, Chairman Community Development 23 Commission of the City of San Bernardino 24 Approved as to form 25 and legal content: 26 DENNIS BARLOW Agency Counsel 27 By: 28 1 RECORDING REQUESTED BY AND WHEN RECORDED KAIL TO: 2 Bruce D. Varner, Esq. 3 GRESHAM, VARNER, SAVAGE NOLAN & TILDEN 4 600 North Arrowhead Avenue Suite 300 5 San Bernardino, CA 92401 6 7 FIRST AMENDMENT TO PARKING AGREEMENT 8 9 THIS FIRST AMENDMENT TO PARKING AGREEMENT ("Amendment") is 10 entered into this day of , 1993 ("Effective Date") , by 11 and between the REDEVELOPMENT AGENCY of the City of San Bernardino, 12 a body corporate and politic, organized and duly existing pursuant 13 to the Community Redevelopment Law of the State of California 14 ("Agency") , and the CITY OF SAN BERNARDINO, a municipal 15 corporation, ("City") and ALAN D. SMITH, post-confirmation trustee 16 of the bankruptcy estate of H. Frank Dominguez, and DAVID D. MILLER 17 AND DENYSE M. MILLER, husband and wife, (collectively, is ("Developer") . 19 20 RECITALS 21 22 WHEREAS, the Agency, the City, H. Frank Dominguez, d.b.a. 23 Vanir Research Company, and David D. Miller and Denyse M. Miller, 24 husband and wife, entered into that certain Parking Agreement dated 25 November 8 , 1978 and recorded December 6, 1978 in the Official 26 Records of the San Bernardino County Recorder as Book 9574, Page 27 204 ("Parking Agreement") . The Parking Agreement relates toy 28 / / / / 1 parking for certain real improved 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, 7 8 NOW, THEREFORE, the parties agree as follows: 9 1. Section 1 of the Parking Agreement is hereby deleted in 10 its entirety and replaced with the following language: 11 12 Section 1. Subject to Section 9 below, the City and Agency 13 shall provide Developer with at least 199 public parking 14 spaces (without parking time limitations) within the area 15 bounded by E, 5th, F and 4th Streets as shown on attached 16 exhibit "A" ("block") , for use by the County and the general 17 public, throughout the term of this Agreement. In the event 18 Developer exercises either of the options provided for in 19 Section 2 below, such parking spaces shall be provided within 20 the block, but not necessarily as shown on exhibit "A" . 21 22 2 . Original Section 8 of the Parking Agreement is hereby 23 deleted in its entirety. 24 25 3 . Original Section 9 of the Parking Agreement is hereby 26 deleted in its entirety and replaced with the following 27 language: 28 -2- 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 -3- 1 have unrestricted access to the same. 2 3 4. Original Section 10 of the Parking Agreement is hereby 4 deleted in its entirety and replaced with the following 5 language: 6 7 Section 10. The term of this Agreement shall be 50 years 8 from the date of this Agreement or until such time as the 9 County ceases to occupy the County Building, whichever occurs 10 first. 11 12 5• Original Section 17 of the Parking Agreement is hereby 13 deleted in its entirety and replaced with the following 14 language: 15 16 Section 17 . Nothing shall be done by the parties under this 17 Agreement which in any way: (1) would release the City from 1s its rental payment obligations under the Lease and the 19 Resolution of Issuance or (2) would prevent the levy and/or 20 collection of assessments pursuant to the proceedings for the 21 formation of the Central City Parking District, the Lease or 22 the Resolution of Issuance. This Agreement is subject to the 23 provisions of the Central City Parking District, the Lease and 24 the Resolution of Issuance, except to the extent that any such 25 provision, including, without limitation, any provision 26 relating to the term or duration of any one or more of the 27 same, provides for or has the effect of allowing the breach or 28 -4- 1 unilateral termination of this Agreement by the City and 2 Agency or either of them. 3 4 6. Original Exhibit "A" attached to the Parking Agreement is 5 hereby deleted in its entirety and replaced by the Exhibit "A" 6 attached to this Amendment. 7 8 7 . This Amendment shall not become operative and shall have 9 no force or effect unless and until the County executes an 10 agreement with Developer which extends the current term of 11 that certain County Lease Agreement dated effective May 1, 12 1988 and designated as County Contract No. 88-292 ("Lease") or 13 has the effect of extending such term whether by amendment to 14 the Lease or by new lease agreements for the County Building. 15 Said extension of the Lease or new lease agreement shall be 16 approved by the Agency and City and such approval shall not be 17 unreasonably withheld. 18 19 8 . Except as provided herein, all other terms and condition 20 of the original Parking Agreement remain unchanged and in full 21 force and effect. 22 23 24 25 26 27 28 -5- 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 ATTEST: CITY OF SAN BERNARDINO 4 BY: 5 CITY CLERK TOM MINOR, MAYOR 6 Approved as to form and legal content 7 JAMES F. PENMAN 8 CITY ATTORNEY 9 BY: DEVELOPER: Alan D. Smith, post-confirmation 10 trustee of the bankruptcy estate of H. Frank Dominguez 11 BY: 12 13 BY: 14 David D. Miller 15 BY: Denyse M. Miller 16 Community Development Commission of 17 the City of San Bernardino 18 BY: Agency Administrator 19 Attest: 20 21 Secretary 22 Approved as to form and legal content 23 BY: 24 Agency Counsel 25 26 27 28 1 STATE OF CALIFORNIA ) ) SS. 2 COUNTY OF 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 WITNESS my hand and official seal. 8 9 Notary Public 10 STATE OF CALIFORNIA ) ) SS. 11 COUNTY OF 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 WITNESS my hand and official seal. 17 18 Notary Public 19 STATE OF CALIFORNIA ) 20 ) SS. 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 WITNESS my hand and official seal. 27 Notary Public 28 ems. j STATE OF CALIFORNIA ) )SS. 2 COUNTY OF 1 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 WITNESS my hand and official seal. 8 9 Notary Public 10 STATE OF CALIFORNIA ) ) SS. jj COUNTY OF 1 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 WITNESS my hand and official seal. 17 18 Notary Public 19 STATE OF CALIFORNIA ) 20 )SS. COUNTY OF 1 21 On 1993 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 WITNESS my hand and official seal. 27 Notary Public 28 June 30, 1993 HAND DELIVERED Mr. Timothy C. Steinhaus Administrator City of San Bernardino Economic Development Agency 201 North "E" Street Third Floor San Bernardino, California 92401-1501 Re: Redevelopment Agency ("RDA") of the City of San Bernardino ("City"); RDA Commission Meeting on June 21, 1993 ("Meeting"); Proposed First Amendment ("Amendment") to the Parking Agreement between the owners of the County Building located at 494 North "E" Street, San Bernardino, California ("County Building"), the City and the RDA; Retraction of Objections to Amendment Dear Mr. Steinhaus: After meeting with representatives of the owners of the County Building, I have reconsidered my objections to the Amendment expressed at the Meeting. I hereby confirm that I have no objections whatsoever to the Amendment. Very truly yours, James J. Robbins cc: William T. Corridan mgr/jf C 0:ap:lmgr\kn\StC6 U