HomeMy WebLinkAboutCC Resolution 9548 (Merrydale Overcrossing ROW Agr)RESOLUTION NO. 9548
A RESOLUTION OF THE CITY OF SAN RAFAEL TO AMEND
THE RIGHT-OF-WAY CONTRACT BETWEEN CIVIC CENTERS
PARTNERS 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 January 6, 1992, Civic Center Partners 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 Rafale 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, Civic Center Partners accepts the City of San Rafael's offer of One
Thousand Seventy Dollars ($1,070.00).
NOW, THEREFORE, IT IS RESOLVED that the City of San Rafael shall
amend the Right -of -Way Contract with Civic Center Partners 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
JEANNE M. LEONCINI, City Clerk
0R1G-1NA1,<q-,R
MERRYDALE OVERCROSSING PROJECT
4 -MRN -101 1 E.A. 131981 1 COOP NO 4-1216C
Civic Center Partners, Ltd. I APN: 180-121-51
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 CIVIC CENTER PARTNERS, LTD., a California Limited
Partnership, hereinafter referred to as "OWNER."
WHEREAS, the parties have heretofore entered into a Right of Way Contract,
hereinafter referred to as "Contract", on January 6, 1992, 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.
4), 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 further amend the Contract and First Amendment to
extend the term of the TCE; and
WHEREAS, OWNER accepts CITY'S offer of ONE THOUSAND SEVENTY
DOLLARS ($1,070.00) as full compensation for the extension and OWNER shall be fully
compensated through escrow upon approval and signature of this Amendment by both parties.
NOW, therefore, it is mutually agreed to amend Paragraph Nos. 3 and 8 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 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 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:
CIVIC CENTER PARTNERS, LTD
a California Limited Partnership
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Date: l 2.f � l
CITY OF SAN RAFAEL
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ATTEST:
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Date: oZ�C/96
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