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RESOLUTION NO. 92-480
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO REGARDING SUBDIVIDION IMPROVEMENTS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute on behalf of said City an agreement by and between the
City of San Bernardino and the Community Development Commission of
the City of San Bernardino relative to guaranteeing the provision
of subdivision improvements, a copy of such agreement is attached
hereto as Exhibit "A".
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a requ1ar
meeting thereof, held on the 21st
day of December ,1992, by the following vote, to wit:
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lll\B/kfiolSUBDIVIS _RES I
1
Dec~r 16. 1992
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF SAN
2 BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO REGARDING SUBDIVISION IMPROVEMENTS.
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Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
x
REILLY
x
HERNANDEZ
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
MILLER
x
Ci~~ ~
The foregoing resolution is
of':;;;). <::"Q.."-~\JE'_<<---- , 1992.
.Q3A..d day
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:~J
./
DlIB/kfillSUBDIVIS .RES]
2
nece.ber 16. 1992
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A G R E E MEN T
THIS AGREEMENT made and entered into this 21 day of
December , 1992, by and between the Community Development
Commission of the City of San Bernardino on behalf of the
Development Department of the City of San Bernardino ("Department),
and the City of San Bernardino, a charter City of the State of
California ("City"):
WITNESSETH:
WHEREAS, by an Owner Participation Agreement, a copy of which
is attached hereto and incorporated herein, the Redevelopment
Agency of the City of San Bernardino ("Agency") and Sunlac
Corporation agreed to certain rights and responsibilities between
the parties relative to the construction of sixteen (16) homes in
the Mt. Vernon Redevelopment Project Area, and
WHEREAS, by a proposed Agreement for Subdivision Improvements
between the City and Sunlac Corporation, a copy of which is
attached hereto and incorporated herein, Sunlac will be bound to
provide certain improvements as part of Tract 15093, relative to
the above development, and
WHEREAS, paragraph 10 of said Subdivision Agreement requires
Sunlac to provide certain security for the development of the
project, and
WHEREAS, San Bernardino Municipal Code (Development Code)
~19.30.230.4 provides in pertinent part:
"An agreement between the Development
Department of the City and the City, approved
by the City Attorney and unconditionally
providing and guaranteeing that said
Development Department shall provide any or
all required improvements and pay the costs
thereof pursuant to the provisions of this
Chapter [19.30], and which pI Adges the full
faith and credit of said Development
Department, may be filed with the City
Engineer as security in lieu of bond, cash, or
certificate of deposit whenever the project is
located in a redevelopment project area or the
project is covered by a disposition and joint
development agreement of which the City or
Development Department is a party....",
NOW, THEREFORE, the parties hereto agree as follows:
1. The Department hereby unconditionally provides and
guarantees that the Department shall provide any and all required
DAB:kfm[SUNLAC.AGR]
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improvements as shown on the Agreement (Subdivision Improvements)
attached hereto, and pay the costs thereof, and pledges its full
faith and credit for such guarantee.
2. All such improvements will be in compliance with the
redevelopment plan for the Mt. Vernon Redevelopment Project Area
and in furtherance of the public interest in promoting public or
private development.
3. Pursuant to the provisions of San Bernardino Municipal
Code (Development Code) S19.30.203.4, the City of San Bernardino
hereby agrees to accept such guarantee in lieu of other securities
when this Agreement is filed with the City Engineer, as provided in
such section.
4. This Agreement applies only to the properties described
on the attached agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date shown.
By
COMMUNITY DEVELOE
of the Cit
ino
::TE'f I~
~ e etary
content:
By
ATTEST:
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By .LA o..-{'j..z.t LL~/~
lSity Clerk
Approved as to form and legal content:
James F. Penman
BY~
DAB:kfm[SUNLAC.AGR]
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