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CI. OF SAN BERNARD~ - REQUeT FOR COUNCIL AceoN
From: Ralpn H. Prince
Dept: City Attorney
Da~: May 9, 1986
Subject:
Agreement with Richard and
Janice Plastino Extending Time
for Rehabilitation of Building
Synopsis of Previous Council action:
4/21/86
The matter was continued to May 19, )986, to allow for
revision of the Agreement to include ~ construction
schedule.
Recommenr.led motion:
Adopt resolution.
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Signature
Contact person:
Allen R. Briqqs
Phone:
5256
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Supporting data attached:
Yes
Ward:
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FUNDING REQUIREMENTS:
Amount:
n/a
Sou rca:
Finance:
Council Notes:
75-0262
Agenda Item NOP-( t>'
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CI'" OF SAN BERNARD. - REQU.... FOR COUNCIL ACeoN
STAFF REPORT
This Agreement was continued from the April 21, 1986 meeting
of the Mayor and Common Council, where direction was given
that a construction schedule provided by the developer be
included in the Agreement. A provision was also to be
included stating that the development "must go forward" or the
Agreement will become null and void.
The construction schedule indicates that construction will
start in the middle of June and be completed by the end of
December, 1986. Developer shall comply with this schedule,
notwithstanding actions beyond the Developer's control, such
as acts of God, strikes, civil disturbances, etc.
The Developer will be constructing a walkway to the five-level
parking structure. This facility is referenced in Section 3
of the Agreement. However, the Developer will also be
constructing a vehicle access driveway to join the main
vehicular access from Second Street.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING ANi)
DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND RICHARO 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 ftD" Street
in the City of San Bernardino. A copy of said agreement is
attached hereto as Exhibit ftlft and incorporated herein by
reference.
I HEREBY CERTIFY that the foregoing resolution was duly
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16 Bernardino at a
meeting thereof, held on the
, 1986, by the following vote, to
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day of
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AYES:
Council Members
NAYS:
ABSENT:
City Clerk
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The foregoing resolution is hereby approved this
, 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
.Licensees., do hereby agree that that certain Consent to
Assignment and Delegation of Duties, and Consent to Extension of
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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 Seconq 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
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option to declare a breach, and to terminate the License
to keep construction in progress continuously, or fail to
complete construction by December 31, 1986, City shall have the
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Agreement.
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2. The parties do further agree that Paragraph 2 of the
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Parking Agreement (second level of five-level parking structure)
originally entered into between the City and Brannfors, White,
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Rogers and Company is hereby amended to read as follows:
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"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
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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'
23. parking area into the five-level parking structure without
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entering Second Street. Such construction shall be performed in
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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
com?lied 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 3D-day grace period as
deadline, but no additional time shall be allotted for any
whatever.
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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
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full force and effect.
IN WITNESS WHEREOF, the parties have executed this agreement
day of
, 1986.
effective the
CITY OF SAN BERNARDINO
ATTEST:
By:
Mayor
City Clerk
Richard Plastino
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Janice Plastino
Approved as to form:
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