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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 r JE RM. LEONCINI, City Clerk 11RIGINAL q� 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 B (�0 *k� Y � Title lgatSTA;3'� V c -t- Pn..'S►196:rj\7 Date: 1-I- - -0 -S, CITY OF SAN RAFAEL l/or/14P4 ATTEST: Clerk Date: