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CI'" OF SAN BERNARD.O - REQUAT FOR COUNCIL A~ON
From: Ralph H. Prince
Subject: Agreement with Richard and
Janice Plastino Extending Time
for Rehabilitation of Building
Dept: City Attorney
Date: Apr il 11, 1986
Synopsis of Previous Council action:
11/5/82 - Mayor and Common Council approved the execution of a
Parking Agreement with Brannfors, White, Rogers and
Company.
12/20/84 - Mayor and Common Council approved the assignment of the
Parking Agreement from Brannfors, White, Rogers and
Company to Richard and Janice Plastino.
Recommen1ed motion:
Adopt resolution.
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, Signature
Contact person: _.m...AlleILR Rr; 88"
Supporting ':lata attached: __'_'j'e~_ .~_ _____
Phone: 5256
Ward:
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FUNDING REOUIREMENTS:
Amount:
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Source:
Finance:
Council Notes:
Agenda Item NO,o23' (.
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'CI. OF SAN BERNARD.O - REQUAy FOR COUNCIL Acf.ON
STAFF REPORT
On November 5, 1982, the City entered into a Parking Agreement
with Brannfors, White, Rogers and Company for lease of 54
parking spaces on the second level of the five-level parking
structure, for a period of 30 years with a 10-year option.
This Parking Agreement further required the company to pay to
the City $20.00 per month per space, payable semi-annually,
which payment was to be adjusted annually based on changes in
the Consumer Price Index, limited to a maximum of 7% annually,
and post a performance bond of $1,080. Payments to begin upon
completion of the rehabilitation and occupancy within 12
months of the building on the northwest corner of Second and
"0" Streets.
On December 20, 1984, the Mayor and Common Council approved
the assignment of the Parking Agreement to Richard and Janice
Plastino, who are the current lessees of the building on the
northwest corner of Second and "0" Streets. A six-month
extension of time to rehabilitate said building was also
approved, provided all sums due and owing to the City on the
Parking Agreement were paid, (all monies due have been paid).
Rehabilitation and occupancy of the building was to take place
not later than April 1, 1986. Paragraph 7 of the current
Parking Agreement states that after this agreement has been in
force for five years, City may relocate the parking spaces so
long as City provides comparable spaces within 700 feet of
said building, and if substituted parking is not covered, the
sum agreed upon shall be reduced by 50%.
On March 19, 1986, Mr. Plastino requested an eight-month
extension of time within which to complete the rehabilitation
and occupancy of said building, which, in accordance with this
request, shall be undertaken and completed not later than
December 1, 1986. Mr. Plastino also requested that the
parking spaces be relocated from the second level to the fifth
level of the parking structure due to a redesign of the
building, and be allowed to provide a canopied walkway from
the fifth level of the parking structure to building at no
cost to the City.
The request was submitted for review and/or recommendation to
the Downtown parking Place Commission on April 2, 1986. The
Parking Place Commission recommended that the request be
approved with the following changes:
1. 54 parking spaces be relocated to the southeast corner of
the fifth level of the five-level parking structure.
2. The time within which rehabilitation and occupancy of
building is to be completed shall be extended to December 1,
1986.
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3. The City shall retain the right to relocate the parking
spaces at its sole discretion.
4. Paragraph 7 of the current Parking Agreement, which allows
the 50% reduction of lease payments, shall be deleted.
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RESOLUTION NO.
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
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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 -0- Street
in the City of San Bernardino. A copy of said agreement is
attached hereto as Exhibit -1- and incorporated herein by
reference.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
day of
meeting thereof, held on the
, 1986, by the following vote, to
wit:
AYES:
Council Members
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NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1986.
Mayor of 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 PLASTINO AND JANICE PLASTINO EXTENDING
TIME FOR REHABILITATION OF BUILDING
The CITY OF SAN BERNARDINO, hereinafter -City-, and RICHARD
PLASTINO AND JANICE PLASTINO, hereinafter referred to as
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-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
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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 -0- 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 1, 1986.
2. The parties do further agree that paragraph 2 of the
Parking Agreement (second level of five-level parking structure)
originally entered into between.~he 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
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building located on the northwest corner of Second and -0-
its officers, employees, tenants and invitees occupying the
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Streets.
The designated spaces are illustrated on Exhibit -A-
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attached hereto and incorporated herein by reference. The
allocation specified herein is subject to relocation at the sole
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discretion of the City if such relocation appears necessary basedl
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
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canopied walkway from Licensees' building to the fifth level of
the five-level parking structure, subject to design and
architectural approval of City.w
3. Paragraph 7 of the Parking Agreement is hereby deleted.
4. 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, the parties have executed this agreement
effective the
, 1986.
day of
CITY OF SAN BERNARDINO
ATTEST:
By:
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Mayor
City Clerk
Richard Plastino
Janice Plastino
Approved as to form:
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