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HomeMy WebLinkAbout25-City Attorney ~- - - .... , 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. 7, "..r-- //JI/ ' , } :// ?f-:.---J ~- . ' C__<-:4U~ /f V . 'thO: e <: , Signature Contact person: _.m...AlleILR Rr; 88" Supporting ':lata attached: __'_'j'e~_ .~_ _____ Phone: 5256 Ward: 1 FUNDING REOUIREMENTS: Amount: n/" Source: Finance: Council Notes: Agenda Item NO,o23' (. 7~-0262 '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. 75-0264 , . . . 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. 2 . . . 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 . . . 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 i 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 , NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1986. Mayor of the City of San Bernardino ,--- -- , . 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 1 2 3 4 5 6 Approved as to form: /~ .\ (/--./) 0 i/ Ulj/FT~ City A torney 7 . . \ 2 - . . . . . 1 2 3 4 5 6 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 i -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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 25 26 building located on the northwest corner of Second and -0- its officers, employees, tenants and invitees occupying the 27 28 Streets. The designated spaces are illustrated on Exhibit -A- , , . 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . . 1 2 3 4 5 6 attached hereto and incorporated herein by reference. The allocation specified herein is subject to relocation at the sole I 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 7 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: . . Mayor City Clerk Richard Plastino Janice Plastino Approved as to form: d~~/"""": , ' " '-,-D ~ - ,~Ut- ~,L city At 'orney 2 , ,c~=.~c-~- ~~,_~~c- a- 8 ." ... '" '" .., "0 .. n .' - . .~~.. -~- . , ,I ex"" I B \T " ~"