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HomeMy WebLinkAboutCC Resolution 9547 (Merrydale Overcrossing ROW Agr)RESOLUTION NO. 9 5 4 7 A RESOLUTION OF THE CITY OF SAN RAFAEL TO AMEND THE RIGHT-OF-WAY CONTRACT BETWEEN MARIN ASSOCIATION OF REALTORS, INC. 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 17, 1991, Marin Association of Realtors, Inc. 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, Marin Association of Realtors, Inc. accepts the City of San Rafael's offer of Two Hundred Fifty Dollars ($250.00). NOW, THEREFORE, IT IS RESOLVED that the City of San Rafael shall amend the Right -of -Way Contract with Marin Association of Realtors, Inc. 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 JEAa— M. LEONCIN` I, City Clerk 0R1G1NA1,,-<Lv1 MERRYDALE OVERCROSSING PROJECT 4 -MRN -101 1 E.A. 131981 1 COOP NO 4-1216C Marin Association of Realtors I APN: 155-200-09 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 MARIN ASSOCIATION OF REALTORS, INC., a California non profit corporation, hereinafter referred to as "OWNER(S)." WHEREAS, the parties have heretofore entered into a Right of Way Contract on June 17, 1991, and First Amendment to Right of Way Contract on October 18, 1993, for conveyance of certain real property interests, including a Temporary Construction Easement (Project Parcel No. 6), 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 and WHEREAS, CITY desires to extend the expiration date of the TCE to December 31, WHEREAS, the parties desire to amend the contract to extend the term of the TCE; WHEREAS, OWNER accepts CITY'S offer of TWO HUNDRED FIFTY DOLLARS ($250.00) 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. 3 of the Right of Way Contract regarding the TCE and the First Amendment as follows: The date of "January 1, 1994" in the above mentioned paragraph of the Right of Way 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 Right of Way 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. OWNER: MARIN ASSOCIATION OF REALTORS, INC. a California non prof c ration By i Title d2 01 c2Tia Date: oe C. a, )I q 5 - CITY OF SAN RAFAEL ATTEST: Clerk I Date: � r 7- O- V �5' i1 Pa