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HomeMy WebLinkAboutResolution No. 5378RESOLUTION NO. 5378 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The EXECUTIVE DIRECTOR and AGENCY SECRETARY of the San Rafael Redevelopment Agency are authorized to execute, on behalf of the Agency, a Second Amendment to Option with San Rafael Cayes, Inc., a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a regular meeting of the City Council of said City held on Monday, the seventh day of November, 1977, by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None , "V_' 41 , �'- ANNE M. LEONCINI, City Clerk `' G 1­TAL SECOND AMENDMENT TO OPTION .This Second Amendment to Option is made as of the thirty- first day of October, 1977 by and between SAN RAFAEL CAYES, INC., a California corporation (hereinafter referred to as "Cayes"), and the SAN RAFAEL REDEVELOPLMENT AGENCY, a redevelopment agency organized and existing under the laws of the State of California (hereinafter referred to as "Agency"). This Second Amendment is made with reference to the following facts: (a) On or about December 30, 1976, Cayes and Agency --- entered _ entered into an "Option" pertaining to certain real property located in the City of San Rafael, County of Marin, State of California. That Option provided, among other things, that it would expire on July 1, 1977 unless exercised prior to that date. The Option further provided that the escrow, through which the sale transaction was to be completed, was to close no later than July 1, 1977. (b) Thereafter, the Option was amended to extend the term thereof to and including October 31, 1977. The time for the exercise of the Option and for the closing of the escrow was also extended to and including October 31, 1977. (c) Cayes and Agency have agreed to further amend the Option as hereinafter provided. IT IS THEREFORE, AGREED: 1. Term of Option. Cayes and Agency hereby agree to amend Paragraph "2." of the Option to provide as follows: "The terin of this option shall run through November 30, 1977, and shall expire on such date if not exercised prior thereto in the manner hereinafter stated". i -1- 2. Manner of Exercising Option. Cayes and Agency hereby further agree to amend Paragraph "3." of the Option by the deletion therefrom of the date "October 31, 1977", and the substitution therefor of the date "November 30, 1977". 3. Escrow. Cayes and Agency hereby further agree to amend the last sentence of Paragraph "10." of the Option provide as follows: "Close of escrow shall occur not later than December 5, 1977." 4. Obligations of Agency. Cayes and Agency hereby furt'ner agree to amend Subparagraph "(a)" of Paragraph "11." of the Option to provide as follows: "(a) Installation of a fully constructed and improved street providing access and connecting Catalina Boulevard to Bellam Boulevard, of the same width and quality as at present, the same to be accomplished not later than December 15, 1979." 5. Other Terms and Conditions. All of the other ------terms and conditions of the Option are not hereby amended, and the same shall remain in full force and effect. Dated: October 31, 1977 SAN RAFAEL CAYES, INC. SAN RAFAEL REDEVELOPMENT AGENCY h / l i' . f BY L.H. Lincoln, Vice President ATTEST: I -2-