HomeMy WebLinkAboutCC Resolution 9545 (Merrydale Overcrossing ROW Agr)r -
RESOLUTION NO. 9 5 4 5
A RESOLUTION OF THE CITY OF SAN RAFAEL TO AMEND
THE RIGHT-OF-WAY CONTRACT BETWEEN GREAT
WESTERN BANK AND THE CITY OF SAN RAFAEL FOR THE
MERRYDALE OVERCROSSING PROJECT FOR A
TEMPORARY CONSTRUCTION EASEMENT.
The City Council of the City of San Rafael resolves as follows:
WHEREAS, on July 1, 1991, Great Western Bank conveyed a Temporary
Construction Easement to the City of San Rafael in connection with the Merrydale
Overcrossing Project and entered into a Right -of -Way Contract; and,
WHEREAS, the City of San Rafael heretofore amended the Contract on October
18, 1993, to extend the expiration date to December 31, 1995; and,
WHEREAS, the City of San Rafael desires to extend the expiration date of the
Temporary Construction Easement to December 31, 1996; and,
WHEREAS, both parties of said Right -of -Way Contract desire to extend the term
of the Temporary Construction Easement; and,
WHEREAS, Great Western Bank accepts the City of San Rafael's offer of Three
Hundred Seventy Dollars ($370.00).
NOW, THEREFORE, IT IS RESOLVED that the City of San Rafael shall
amend the Right -of -Way Contract with Great Western Bank and authorize the Mayor to
execute the second amendment to the Right -of -Way Contract.
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 City Council held on Monday, the 5"' day of February, 1996, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Phillips, zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
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JE RM. LEONCINI, City Clerk
11RIGINAL
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MERRYDALE OVERCROSSING PROJECT
4 -MRN -101 I E.A. 1319811 COOP NO 4-1216C
Great Western S & L I APN: 175-250-06
SECOND AMENDMENT TO RIGHT-OF-WAY CONTRACT
CITY OF SAN RAFAEL
THIS SECOND AMENDMENT TO CONTRACT IS MADE AND
ENTERED INTO by and between the CITY OF SAN RAFAEL, a municipal corporation,
hereinafter referred to as "CITY," and GREAT WESTERN BANK, a Federal Savings Bank as
successor in interest to GREAT WESTERN SAVINGS AND LOAN ASSOCIATION, a
California Corporation, hereinafter referred to as "OWNER."
WHEREAS, the parties have heretofore entered into a Right of Way Contract,
hereinafter referred to as "Contract", on July 1, 1991, and First Amendment to Right of Way
Contract, hereinafter referred to as "First Amendment", on October 18, 1993, for conveyance of
certain real property interests, including a Temporary Construction Easement (Project Parcel No.
2), hereinafter referred to as "TCE," in connection with the Merrydale Overcrossing Project, which
Contract and First Amendment are by reference made a part hereof; and
1996; and
WHEREAS, CITY desires to extend the expiration date of the TCE to December 31,
WHEREAS, the parties desire to amend the Contract and First Amendment to extend
the term of the TCE; and
WHEREAS, OWNER accepts CITY'S offer of THREE HUNDRED SEVENTY
DOLLARS ($370.00) as full compensation for the extension and OWNER shall be fully
compensated upon approval and signature of this Amendment by both parties.
NOW, therefore, it is mutually agreed to amend Paragraph No. 2 of the Contract
regarding the TCE and the First Amendment as follows: The date of "January 1, 1994" in the
above mentioned paragraph of the Contract and the extension date of "December 31, 1995" in the
First Amendment shall be amended in both documents to read "December 31. 1996".
EXCEPT as hereinabove amended, the Contract and First Amendment shall continue
in full force and effect in all particulars.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their duly authorized agents on the day and year first written below.
OWNERS:
GREAT WESTERN BANK
a Federal Savings Bank
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Title lgatSTA;3'� V c -t- Pn..'S►196:rj\7
Date: 1-I- - -0 -S,
CITY OF SAN RAFAEL
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ATTEST:
Clerk
Date: