HomeMy WebLinkAboutCC Resolution 9715 (Merrydale Overcrossing Project)RESOLUTION N0. !1715
A RESOLUTION TO AMEND THE RIGHT-OF-WAY CONTRACT
BETWEEN EDM INVESTMENTS AND THE CITY OF SAN
RAFAEL FOR TWO TEMPORARY CONSTRUCTION
EASEMENTS IN AN AMOUNT OF $5,000.
WHEREAS, on December 13, 1993, EDM Investments conveyed a Temporary
Construction Easement to the City of San Rafael in connection with the Merrydale
Overcrossing project and entered into an Easement Agreement; and
WHEREAS, said Temporary Construction Easement expired on February 1,
1996 and was extended to August 1, 1996; and
WHEREAS, the City of San Rafael desires to extend the expiration date of the
Temporary Construction Easement a second time to February 1, 1997 as provided for in
the Agreement; and
WHEREAS, both parties of said Easement Agreement desire to extend the term
of the Temporary Construction Easement; and
WHEREAS, the City of San Rafael shall compensate EDM Investments $5,000
for the easement extension as provided for in the Easement Agreement.
NOW, THEREFORE, IT IS RESOLVED that the City of San Rafael shall
Amend the Easement Agreement with EDM Investments and authorize the Mayor to
execute the Agreement.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the Council of said City on the 7`h day of October, 1996, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None.
1�(kE ML
.
JEA M. EONCINI, City Clerk
L
MERRYDALE OVERCROSSING PROJECT
4 -MRN -101 I E.A. 131981 1 COOP NO 4-1216C
EDM Investments, et. al. I APN: 175-250-14
SECOND EXTENSION TO EASEMENT AGREEMENT
CITY OF SAN RAFAEL
THIS SECOND EXTENSION TO AGREEMENT IS MADE AND ENTERED INTO by and
between the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "CITY," and EDM
INVESTMENTS, a California Corporation, hereinafter referred to as "OWNER", and NORTHGATE III
PARTNERS, A California Joint Venture.
WHEREAS, the parties have heretofore entered into an Easement Agreement, hereinafter referred to as
"Agreement", on December 13, 1993, for conveyance of certain real property interests, particularly Temporary
Construction Easements (Project Parcel Nos. 1 and 10), hereinafter referred to as "TCE," in connection with the
Merrydale Overcrossing Project, which Agreement is by reference made a part hereof; and
WHEREAS, CITY desires to extend the expiration date of the TCE six (6) months, as provided in the
Agreement, to February 1, 1997; and
WHEREAS, the parties hereto desire to extend the term of the TCE as stated herein; and
WHEREAS, OWNER as full compensation for the extension and as provided in said Agreement, shall
receive the sum of $5,000 upon approval of said extension by the CITY.
NOW, therefore, it is mutually agreed that the expiration date of the TCE shall be extended six (6) months
to expire on February 1. 1997 as provided in the Agreement.
EXCEPT as hereinabove stated, the Agreement shall continue in full force and effect in all particulars.
IN WITNESS WHEREOF, the parties hereto have caused this Extension to be executed by their duly
authorized agents on the day and year first written below.
EDM Investments,
a California Corporation.
By
Title Sr. Vice President
Date: 8/27/96
CITY OF SAN RAFAEL
Mayor , Albe{{' J. Boro
ATTEST:
City Cler Janne M. Lebncini
Date: 10/7/96
COPY