HomeMy WebLinkAboutReso 1990-322 - Approving the first amendment to contract for downtown mall • •
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RESOLUTION NO. ?(..7 -- 12 ;2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE
FIRST AMENDMENT TO CONTRACT FOR DOWNTOWN MALL DEVELOPMENT BETWEEN THE
CITY OF REDDING AND HOMEFED BANK, AND AUTHORIZING THE MAYOR TO SIGN.
WHEREAS, on April 18, 1979 the City of Redding approved a Contract for
Downtown Mall Development and Acquisition with Humbolt Financial Services (now
HomeFed Bank); and
WHEREAS, the City Council has determined that it would be in the best
interest of all parties to amend the above-mentioned contract to amend Section
14(a) to delete the requirement from participating in the cost of operation,
maintenance, and replacement of the Downtown Mall air-conditioning equipment.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Redding
as follows:
.1. That the City Council of the City of Redding hereby approves the
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First Amendment to Contract for Downtown Mall Development between the City of
Redding and Homefed Bank, a true copy of which is attached hereto and
incorporated herein by reference.
2. That the Mayor of the City of Redding is hereby authorized and
directed to sign said Amendment on behalf of the City of Redding, and the City
Clerk is hereby authorized and directed to attest the signature of the Mayor
and to impress the official seal of the City of Redding.
!p.
I HEREBY CERTIFY that the foregoing Resolution was introduced and read at
a regular meeting of the City Council of the City of Redding on the 3rd day of
July, 1990, and was duly adopted at said meeting by the following vote:
i.i AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss, Buffum
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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, CY y F , Ae or
City '
Reddi g
ATTEST:
ETHEL A, NICHOLS, City Clerk
FORM APPROVED: 9
' A DALL A. HAYS, C ty Attorney E
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recorded at the request of:
HOMEFED BANK
when recorded, return to:
1 Ruby Kirkpatrick, Escrow Officer
REDDING TITLE COMPANY
444 East Cypress Avenue
Redding, CA 96002
II.
FIRST AMENDMENT
TO
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CONTRACT FOR DOWNTOWN MALL DEVELOPMENT
This FIRST AMENDMENT TO CONTRACT FOR DOWNTOWN MALL DEVELOPMENT is
made and entered into this day of , 1990 by and
between the CITY OF REDDING, a municipal corporation having a mailing
address at 760 Parkview Avenue, Redding, CA 96001, hereinafter
referred to as "City", and HOMEFED BANK, a federal savings bank having
a mailing address at 625 Broadway, San Diego, CA 92101, hereinafter
! referred to as "HomeFed" .
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WHEREAS, City and Humboldt Financial Services, Inc. made and
I entered into a Contract for Downtown Mall Development and Acquisition
of Land ("Contract") dated April 18, 1979 for the premises,
hereinafter referred to as "Premises", commonly known as 1675 Market
Street, Redding, CA 96001, Assessor's Parcel No. 101-790-10, more
particularly described on Exhibit "A" , attached hereto and by this
reference made a part hereof;
WHEREAS, HomeFed is the successor in interest of Humboldt
Financial Services, Inc. ;
WHEREAS, the Premises are not part of and do not open into the
,L Redding Mall; and
WHEREAS, City and HomeFed desire to amend the Contract to reflect
the foregoing;
NOW, THEREFORE, in consideration of the foregoing and the
agreements hereinafter set forth, the
1; parties agree that the Contract
shall be amended as follows:
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1. Maintenance and operation of Mall air-conditioning equipment.
With respect to the Premises only, section 14(a) of the. Contract
is hereby deleted in its entirety and of no force and effect.
2. Successor and Assigns. All the . provisions of this amendment shall
bind and inure to the benefit of the City and HomeFed, and their
respective successors and assigns. -
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(06/27/90) _ - _ _
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3. Nothing herein shall affect any obligation of the owner of the
Premises to pay its share of the City' s Parking and Business
Improvement Assessment for the Downtown Redding Mall.
4. Except as hereinabove amended, all of the provisions of the
Contract shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have signed this First Amendment
to Contract as of the date first above written.
CITY OF REDDING HOMEFED BANK
by by
title title
ACKNOWLEDGEMENTS
STATE OF CALIFORNIA )
) ss
COUNTY OF SHASTA )
On this day of , 1990, before me, the
undersigned, a Notary Public, in and for said County and State,
personally appeared
known to me (or proved to me on the basis of satisfactory evidence) to
1, be the person who executed the within instrument
as of the City of Redding,
the corporation named therein, and acknowledged that the corporation
executed the same.
WITNESS my hand and official seal.
(Seal) /s/
Notary Public
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,i STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
On this day of , 1990, before me, the
undersigned, a Notary Public, in and for said County and State,
personally appeared
known to me (or proved to me on the basis of satisfactory evidence) to
be the persons who executed the within instrument as the
of HomeFed Bank, the federal savings bank named therein, and
acknowledged that the bank executed the same.
WITNESS my hand and official seal.
(Seal) /s/
Notary Public
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Order No. 59525
The land referred to in this Report is situated in the City of Redding,
j County of Shasta, State of California and is described as fol lows:
Lot 7, of Block 28 of Redding as shown on the map of "Town of Redding, Shasta County,
Califa-nia, " filed September 25, 1872 in Book of Old Plats at page 65, in the Office
of the County Recorder of Shasta County.
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EXHIBIT "A"
STEWVART TITLE
GUARANTY COMPANY-
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