HomeMy WebLinkAbout1994-389
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94-389
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREENENT WITH RUBA ENTERPRISES, INC., RELATING
3 TO THE DEFERRAL OF ADDITIONAL STOilli DRAINAGE AND TRAFFIC SYSTEH
FEES FOR CONVERSION OF A BUILDING AT 5975 PALM AVENUE FOR A
4 DENNY'S RESTAURANT.
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BE IT RESOLVED BY THE HAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute, on behalf of said
City, an Agreement with Ruba Enterprises relating to the deferral
of additional Storm Drainage and Traffic System Fees, for
conversion of a building at 5975 Palm Avenue for a Denny's
Restaurant. A copy of said agreement is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
SECTION 2.
The agreenent shall not take effect until
fully signed and executed hy both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3.
This resolution is rescinded if the parties
to the agreement fail to execute it within ninety (90) days of
the passage of this resolution.
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12-6-94
RESO: AUTHORIZING EXECUTION OF AN AGREEMEN~ WITH RUBA
. ENTERPRISES RELATING TO DEFERRAL OF DEVELOPMENT FEES.
94-389
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3 Bernardino
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by
the Mayor
and
Common
Council
of
the
Ci ty of
San
at
a
regular
meeting
thereof,
held
on
the
4 19th day of
December
, 1994, by the following vote, to-wit:
5 Council Members:
6 NEGRETE
7 CURLIN
8 HERNANDEZ
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
9 OBERHELMAN
x
10 DEVLIN
11 POPE-LUDLAM
x
x
x
~~ ~JL
Rac 1 Clark, City Clerk
The foregoing resolution is hereby approved this 21st
December
, 1994.
-Yc J
--I~z' l/uL'8~
I om Minor, Mayor
Ci ty of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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23 By
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94- 3'89
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A G R E E MEN T
THIS AGREEMENT, made and entered into this day of
, 199_, by and between the City- of San
Bernardino, CA, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and Ruba
Enterprises, a California Co~oration
hereinafter referred to as "DEVELOPER."
WITNESSETH:
permits
general
WHEREAS, DEVELOPER
to construct tenant
commercial building
has applied for the appropriate
improvements as required to convert a
for use as a Denny's Restaurant; and
WHEREAS, DEVELOPER has also applied for the appropriate
permits to construct additional parking spaces to accommodate the
additional demand for the Denny's Restaurant; and
WHEREAS, Development Permit Type II No. 94-21 was
approved for construction of the additional parking spaces by the
Development Review Committee (DRC) at their regularly scheduled
meeting of 11-17-94; and
WHEREAS, the conditions of approval for Development
Permit Type II No. 94-21 x'equire payment of development fees for
Storm Drainage ($6,235.08), and Traffic Systems ($ll,860.001, in
the total amount of $17,095.08; and
WHEREAS, DEVELOPER has requested that these development
fees be deferred from issuance of building permits to no more
than two years from issuance of a temporary Certificate of
Occupancy Permit for the Denny's Restaurant, due to the fact that
these fees are not included in the construction financing.
NOW, THEREFORE, it is mutually agreed as follows:
SECTION 1. City will issue a temporary Certificate of
Occupancy for the Denny's Restaurant, at 5975 Palm Avenue, upon
satisfactory completion of all items of work required under
Development Permit Type II No. 94-21.
required
deferred
issuance
SECTION 2. The
by Development
to a time no
of the temporary
following listed Development Fees,
Permit Type II No. 94-21, are hereby
longer than 2 years from the date of
Certificate of Occupancy:
Total
$ 6,235.08
1l,860.00
$ 17,095.08
Storm Drainage
Traffic System
SECTION 3. DEVELOPER shall pay the full amount of these
development fees to CITY no more than two (2) years from the date
of issuance of the temporary Certificate of Occupancy.
9'4-389
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AGREEHENT: DEFERRAL OF DEVELOPMENT FEES FOR DENNY'S RESTAURANT
SECTION 4.
guaranteeing payment
years.
DEVELOPER
of these
shall sign
development
a promissory note
fees within two (21
SECTION 5. DEVELOPER acknowledges that failure to pay
the full amount of these development fees, within two years from
date of issuance of the temporary Certificate of Occupancy, shall
constitute good and sufficient grounds for revocation of the
temporary Certificate of Occupancy,
IN WITNESS WHEREOF, the parties hereto have caused this
First Amendment to Agreement to be executed on the date written
above by their duly authorized officers on their behalf.
CITY OF SAN BERNARDINO
ATTEST:
~/\,
By ~~lil/;tA~
Tom Minor, Mayor
(Jl~ ~~
Rachel Clark- City Clerk
Approved as to form
and legal content:
By
James F. Penman
City Attorney
By
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