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Home My WebLink AboutCC Resolution 9043 (Merrydale Overcrossing Project)RESOLUTION NO. 9043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF FIRST AMEND- MENT TO RIGHT OF WAY CONTRACTS - MERRYDALE OVERCROSSING PROJECT WHEREAS, the City of San Rafael has previously entered into right of way contracts with the following four property owners: Civic Center Partners Marin Association of Realtors Great Western Bank Connecticut General Life Insurance Co. for conveyance of certain real property interests, including Temporary Construction Easements, in connection with the Merrydale Overcrossing Project, which contracts are by reference made a part hereof; and WHEREAS, said City and property owners desire to extend the expiration date of said Temporary Construction Easements from January 1, 1994 to December 31, 1995. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San Rafael that the Mayor and City Clerk are authorized to execute the First Amendment to Right of Way Contracts with Civic Center Partners, Marin Association of Realtors, Great Western Bank and Connecticut General Life Insurance Company so as to extend the expiration dates of the aforesaid Temporary Construction Easements from January 1, 1994 to December 31, 1995. BE IT FURTHER RESOLVED that since Civic Center Partners has demanded compensation for said extension of time and a settlement has been reached consistent with the City's appraisal, the sum of $956.59 shall be paid to Civic Center Partners, said sum being the difference between the funds on deposit in escrow and the total now required to close escrow. 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 Council of said City on Monday, the 18th day of October, 1993, by the following vote, to wit: AYES: COUNCILMEM 3ERS: Breiner, Cohen, Shippey &_Mayor Boro NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCELMEM 3ERS: None JE4i� __ M. LEONCIN ,, C y C rk DRIGINA1 4 -MRN -10, —4.A. 131981 [COOP NO 4-1216C Civic Center Partners I APN: 180-121-51 FIRST AMENDMENT TO RIGHT-OF-WAY CONTRACT CITY OF SAN RAFAEL THIS FIRST 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(S)." WHEREAS, the parties have heretofore entered into a Right of Way Contract on January 6, 1992, for conveyance of certain real property interests, including Temporary Construction Easement (Project Parcel No. 4), hereinafter referred to as "TCE," in connection with the Merrydale Overcrossing Project, which Contract is by reference made a part hereof, and 1995; 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. NOW, therefore, it is mutually agreed to amend Paragraph Nos. 3 and 8 of the Right of Way Contract regarding the TCE as follows: The date of "January 1, 1994" in the above mentioned paragraphs shall be amended to read "December 31, 1995". EXCEPT as hereinabove amended, the Right of Way Contract 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: CIVIC CENTER PARTNERS, LTD., a Califo *a Limited Partnership L � Title /'G��TG�Z� By,/ 1 Title Date: CITY OF SAN RAFAEL Mayon G•IR 116 Clerx)�� x_o Date: /0/18/,7-3 COPY MERRYDALE OVERCROSSING PROJECT 4 -MRN -101 E.A. 131981 COOP NO 4-1216C Great Western S & L APN: 175-250-06 FIRST AMENDMENT TO RIGHT-OF-WAY CONTRACT CITY OF SAN RAFAEL THIS FIRST 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 "OWNERS(S)". WHEREAS, the parties have heretofore entered into a Right of Way Contract on July 1, 1991, for conveyance of certain real property interests, including Temporary Construction Easements (Project Parcel No. 2), hereinafter referred to as "TCE" in connection with the Merrydale Overcrossing Project, which Contract is by reference made a part hereof; and WHEREAS, CITY desires to extend the expiration date of the TCE to December 31, 1995; and WHEREAS, the parties desire to amend the contract to extend the term of the TCE. NOW, therefore, it is mutually agreed to amend Paragraph No. 2 of the Right of Way Contract regarding the TCE as follows: The date of "January 1, 1994" in the above mentioned paragraph shall be amended to read "December 31, 1995". EXCEPT, as herein above amended, the Right of Way Contract 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/aa ings Bank By: / Re Tonal V- a Presider Title: g By: July 8, 1993 0 Title: Date: CITY OF SAN RAFAEL ATTEST: //A - - Clerkd:��- ,*� Date: 0// g�4-3 CUP S' MERRYDALE OVERCROSSING PROJECT 4 -MRN -101 E.A. 131981 COOP NO 4-1216C Marin Assn. of Realtors APN: 155-200-09 FIRST AMENDMENT TO RIGHT-OF-WAY CONTRACT CITY OF SAN RAFAEL THIS FIRST 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 "OWNERS(S) WHEREAS, the parties have heretofore entered into a Right of Way Contract on June 17, 1991, for conveyance of certain real property interests, including Temporary Construction Easements (Project Parcel No. 2), hereinafter referred to as "TCE" in connection with the Merrydale Overcrossing Project, which Contract is by reference made a part hereof; and and WHEREAS, CITY desires to extend the expiration date of the TCE to December 31, 1995; WHEREAS, the parties desire to amend the contract to extend the term of the TCE. NOW, therefore, it is mutually agreed to amend Paragraph No. 3 of the Right of Way Contract regarding the TCE as follows: The date of "January 1, 1994" in the above mentioned paragraph shall be amended to read "December 31, 1995". EXCEPT, as herein above amended, the Right of Way Contract 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. CITY Or Mayor ATTEST: Jk OWNERS: MARIN ASSOCIATION OF REALTORS, INC. a California non profit Corporation. •Y l By: . Title: President Date: / a// K/93 I Date:_ „i r i 1�➢92 copy Merrydale Overcrossing Project 4 -MRN -101 E. A. 131981 COOP No 4-1216C Connecticut General Life Insurance Company A Connecticut Corporation (Successor in Interest to Kingston Riverbank) APN: 155-200-13, 180-121-44 & 57 First Amendment to Right -of -Way Contract City of San Rafael THIS FIRST 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 CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a Connecticut corporation, hereinafter referred to as "OWNER." WHEREAS, the predecessor in interest to the OWNER entered into a Right of Way Contract on June 17, 1991, for conveyance of certain real property interests, including a Temporary Construction Easement (Project Parcel Nos. 7 & 14), hereinafter referred to as "TCE" in connection with the Merrydale Overcrossing Project, which Contract is by reference made a part hereof; and WHEREAS, CITY desires to extend the expiration date of the TCE to December 31, 1995; and WHEREAS, the parties desire to amend the contract to extend the term of the. TCE. NOW, therefore, it is mutually agreed to amend Paragraph No. 3 of the Right of Way Contract regarding the TCE as follows: The date 'January 1,. 1994" in the above mentioned paragraph shall be amended to read "December 31, 1995." The following language shall also be added to Paragraph No. 3, "Following completion of the project, CITY agrees to remove construction debris and restore the surface of the temporary construction easements, as nearly as possible, to their preconstruction condition." EXCEPT, as herein above amended, the Right of Way Contract shall continue in full force and effect in all particulars. First Amendment to Right -of -Way Contract — City of San Rafael page 2 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. CITY OF AN RA , J Mayor ATTEST: Ae' u� A C"terk / 0/l q-1-3 OWNER: CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a Connecticut Corporation By: CIGNA Investments, Inc., a Delaware Corporation By: �Iui, L-- Date: 130 /03 Name:.:: Title: ViCe CeSrdn'