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HomeMy WebLinkAboutReso - CC - 052-19790 RESOLUTION NO. 52 - 7 9 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR RESTORING WALL OPENING WITH FRED HARVEYa INC.z AND WILLIAM F. McLENAHAN AND MARYANN McLENAHAN (AIRPORT MARIDIA HOTEL) RESOLVED, by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby FIND, ORDER AND DETERMINE as follows: 1. The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager be and he is hereby authorized to sign said agreement for and on behalf of the City of Burlingame. 3. The City Clerk is hereby ordered and instructed to attest such signature. May r I, EVELYN H. HILL, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 16thday of July 1979 , and adopted thereafter by the following vote: AYES NOES ABSENT COUNCILMEN: Amstrup-Barton-Crosby-Mangini-Martin COUNCILMEN: None COUNCILMEN: None City Clerk A!N/'✓ Li✓Ati �x� j� �.y�/ .:l / N J t d O Z. U' 0 REEL 787"IWGE 960) RESOLUTION NO. 52 - 7 9 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR RESTORING WALL OPENING WITH FRED HARVEY, INC., AND 'WILLIAM F, McLENAHAN AND MARYANN McLENAHAN (AIRPORT MARINA HOTEL) RESOLVED, by the CITY COUNCIL of the City of Burlingame, California, and this Council does hereby FIND, ORDER AND DETERMINE as follows: 1. The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager be and he is hereby authorized to sign said . agreement for and on behalf of the City of Burlingame. 3. The City Clerk is hereby ordered and instructed to attest such signature. May r � to I, EVELYN H. HILL, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 16thday of July 1979 , and adopted thereafter by the following vote: 200 AYES: REGIO iDEU AT REQUEST OF NOES: COUNCILMEN:Amstrup-Barton-Crosby-Mangini-Martin COUNCILMEN: None ABSENT: COUNCILMEN: None JUL 2i 4 -3%6 '79 'MA(td hi �l'S'�:,F;, REFd011 R0 COUNTY f rn e 71, 7, -� City Clerk J (1? CD M AGREEMENT FOR RESTORING WALL OPENING THIS AGREEMENT, entered into this 16th day of ' July,1979 by and between FRED HARVEY, INC., hereinafter referred to as Lessee, and WILLIAM F. McLENAHAN and MARYANN McLENAHAN, hereinafter referred to as Owner, and the CITY OF BURLINGAME, hereinafter referred to as City, W I T N E S S E T H p WHEREAS, Lessee is the holder of a fee title in that certain premises commonly known as the Airport Marina Motel, 1380 Bayshore Highway, Burlingame, California (APN 026-113-440); and WHEREAS, Lessee has a five-year leasehold interest com mencing June 1, 1979, upon that property known as 773 Burlway Road (a portion of APN 026-113-040), which property is contiguous to 1360 Bayshore Highway and is owned in fee by Owner; and WHEREAS, it is proposed to make alterations to the build- ing located upon 773 Burlway Road in such a manner as to install a twelve -foot door on the southerly property line thereof, which door would be in violation of the Uniform Building Code as adopted by City; and WHEREAS, in consideration of the issuance of a building permit for said alterations Owner and Lessee desire to agree to remove said door and restore the exterior wall of said building upon demand by City and the happening of certain circumstances as hereinafter set forth; NOW, THEREFORE, the parties hereto agree as follows: 1, This agreement shall apply to that portion of Owner's land shown on EXHIBIT A generally known as 773 Burlway Road and con- stituting a portion of San Mateo County Assessor's Parcel No. 026-113-040, ,tl 28/79 1 M rn 0 _4 3-- 2. City *ill.issue a building permit to Lessee to con- struct a door not to exceed twelve (12) feet in width upon the southerly wall of the leased premises. 3, Owner and Lessee agree jointly and severally, for themselves, their successors and assigns, to close and seal the proposed door in said southerly wall within forty-five (45) days of receipt of written notice to do so from City, provided that upon said demand the areas immediately adjacent to said opening are no longer occupied by Lessee or its successors. City may refuse the issuance of any further building permits on either parcel of real property owned by Owner or Lessee if at the time of such application for a building permit Owner or Lessee, or their successors or assigns, are in default of this agreement to so close and seal said opening. 4. This agreement shall be recorded by the City Clerk of the City of Burlingame. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written. ^1L�; c-3� ,�_ C� ARYANN McLENAH sc c, ��11 J CITY OF BURLINGAME.`. By City Manager ATTEST i� �V t1• STATE OF CALIFORNIA,., ) 40320A0 ) ss." County of San Mateo. ) On this 18th day of July , 1979 , before me, EVELYN H. HILL, City Clerk of the City of Burlingame, California, personally appeared _Charles F. Schwalm , known to me to be the CitV Manager of the City of Burlingame, and known to me to be the per- son who executed the within instrument on behalf of said City of Burlingame, and acknowledged to me that such City executed the same. Dated: July 18 1979. j City Clerk Burlingame, California CORPORATE ACKNOWLEDGMENT --- On this ---.--day of... ---.-...- 19---'% before me ..................... . ...... a Notary Public in and for said--. --- -- T, ...... ountyypersonally appeared--------.�-r-- - �s------u�r c -------' (SEAL) - �?` 4v..e ----- - ---------- known to to be the.---, -. Gt4f....:m:....ts....nG.:..e�,p� and 1% [ cR...a`�`?`- ------------------------- kn wn to me td� be the ------------------------------------ - ----of the [ cQ------------� /- '------- ............. the Corporation that executed the within instrument, and also knoweto me to be the persons_ who executed the within instrument, on behalf of the Corporation herein named, and acknowl- edged to me that such Corporation executed the same, and further acknowledged to me that _ such Corporation executed the within instrument pursuant to its by-laws or a resolution of its OFFICIAL SEABoar f Directors. SHIRLEY L. PETERSON WITNESS my hand and official seal. rs ; an NOTARY PUBLIC - CALIFORNIA " d� V 0 .. SAN MA'iE0 COUNTY j .......................................... . .. .. .. . -... ...-.-- ..--_--.-....-............... My comm. erp;res JUN 6, 1931 r III S. rcu rn;w=, Brl:ba,i, cn vnooe Notary Public in and for said ----- - - . _. ptae........... ......-------- .-..County and State. P -leo: M -ea My commission expires ... .--- 0�a__;s-C...... 4.---... ---- _.., 19--g-1---. STATE OF CALIFORNIA COUNTY OF ------- SAN.MATEO On-------- 7Uly .10 19-......., before me, the County and State, personally appUUeared -.._..._WF.'.._._ -M �,rl MAREVANT 7 M—T VV OFFICIAL SEAL MERILEE ROSE WALDRON NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE TN 1*9 SAN MATEO COUNTY My Commlapon EkyIN. FlOrUOry ll, 1990 a Notary Public in and for said to me to be the bscribed to the within instrument, and acknowledged tome that ------1_..``--Te_-y�------ executed the same. Notary's Signature .... .1 . .....W _ .......... —_ C10 CM W rE APN 026-_113-440 (Airport Marina Hotel) EXHIBIT A rn r 1.9