1990/11/27 City Council Resolution (3)RESOLUTION NO. 90-264
A RESOLUTION AMENDING RESOLUTION NO. 87-95 AUTHORIZING THE
ASSIGNMENT OF THE ENCROACHMENT AGREEMENT AND NAME CHANGE FROM
EDWARD C. GILMORE, DBA ROYAL COACH CHEVRON TO CHEVRON U.S.A.,INC.
(encroachment of public right of way at 4990 Commerce Blvd.)
WHEREAS, the City of Rohnert Park has executed an
Encroachment Agreement by and between the City of Rohnert Park,
a municipal corporation, and Edward C. Gilmore, dba Royal
Coach Chevron Station for the purposes of allowing use of a
public right of way at 4990 Commerce Blvd. subject to certain
conditions and restrictions which were authorized by Resolution
No. 1987-95 dated June 23rd, 1987; and
WHEREAS, according to said resolution and agreement by
paragraph 6 on page 2, that in the event Edward C. Gilmore
shall sell, assign or otherwise transfer his interest, in the
Royal Coach Chevron, the right to the use of the public property
shall not automatically apply to the transferee withou prior
written permission of the City; and
WHEREAS, the City has recently been contacted by Chevron
U.S.A., Incorporated requesting transfer of the authorization to
encroach upon the public right of way as outlined in Resolution
No. 87-95; and
WHEREAS, in accordance with paragraph 6 of said resolution,
the transferee must obtain prior written permission of the City
for use of said right of way; and
WHEREAS, the City has been informed that Chevron U.S.A.
desires to purchase the gas station site from Edward C. Gilmore;
and
WHEREAS, Chevron U.S.A. has agreed to abide by all the
terms and conditions of said Resolution No. 87-95; and
WHEREAS, Chevron U.S.A., Incorporated has agreed to pay the
increased rents for said use of right of way which has been
determined to be $416 per month effective December ist, 1990 as
outlined in letter dated October 31st, 1990 to Mr. Edward
Gilmore.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Rohnert Park that it hereby authorizes the assignment of the
Encroachment Agreement as referenced by Resolution No. 87-95 to
Chevron U.S.A., Incorporated.
BE IT FURTHER RESOLVED that paragraph 6 of Resolution No.
87-95 shall be amended to read as follows in the event
Chevron U.S.A., Incorporated shall sell, assign, or otherwise
transfer its interests, including right of inheritance, in the
Chevron station located at 4990 Commerce Blvd,, the right to use
the public property shall not automatically apply to the
transferee without prior written permission of the City of
Rohnert Park, which permission shall not be unreasonably
withheld provided the property is not needed for public use and
provided further that the proposed transferee can present
evidence of financial responsibility". All other terms and
conditions of Resolution No. 87-95 shall remain in full force
and affect to the new transferee, Chevron U.S.A., Incorporated.
DULY AND REGULARLY ADOPTED this 27th day of November, 1990.
CITY OF ROB- NERT PARK
3.yor
AYES .i-5 NOES (0) ABSENT -(0) ABSTAIN (0)