HomeMy WebLinkAbout11015
II
111 RESOLUTION NO, / / O/S-
Ii ' <
211 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
'% II SAN BERNARDINO AUTHORIZING 'THE EXECUTION OF AN AGREEMENT WItH
v FAMILYLAND ASSOCIATES RELATING TO STREET IMPROVEMENTS FOR CON-
411 DITIONl\L DEVELOPMENT PERMIT NO. 588,
II
II BE IT RESOLVED BY THE MAYOR AND COHMON COUNCIL OF THE CITY
511 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1, The Mayor of the City of San Bernardino is hereby
7
8
9
10
11
12
13
14
15
16
17
18
19
20 NAYS:
authorized and directed to execute on behalf of said City an
agreement between said City and Familyland Associates relating to
street improvements for Conditional Development Permit No, 588,
a copy of which is attached hereto, marked Exhibit "A" and in-
corporated herein by reference as fully as though set forth at
length,
I HEREBY ,CERTIFY ,that the foregoing resolution was duly
adopted by the Mayor and Common Council of the
n=dino at adZ;:';
City of San Ber-
meeting thereof, held on
1
the~
to wit:
, 1972, by the following vote,
AYES:
21
ABSENT:
~-r~>~.M~_ );):3""-..'1 plA--!
22
23
24
25
26
27
28
29
30
31
The foregoing
of Y~j;(
day
resolution is hereby
, 1972,
~f
~no
Approved as to form:
"r/
c,.2.~~
(.;~ty At rney
(P)
n t'
Ii fl
~. t;.;;r"';:::7
rc"J
U:::J
ii j)
. :~~ L~~.~./
32
i". ':-- ~ ~ ,_'
_,LU9~ ?()FORTH, City Ccr!\
~..~
"
r~ j
o
o
.
1
2
3
4
AGREEtl~NT
(street improvements - C.D.P.)
0,
THIS AGREEMENT is made and entered into this
day of
5 , 1972, by and between FAMILYLAND ASSOCIATES,
6 a partnership, hereinafter sometimes referred to as "Permittee",
7 and the CITY OF SAN BERNARDINO, a municipal corporation, herein-
8 after sometimes referred to as "City."
9 RIINES~ETH~
10 For and in consideration of the mutual promises and covenants
11 herein contained, the parties hereto agree as follows:
12 1. Permittee agrees to install or cause the installation of
.13
14
15
16
17
18
19
20
21
22
23
24
25
street improvements through proceedings of the Improvement Act of
1911 or other means on Bordwell Avenue adjacent to its real prop-
erty located at 632 South Mt. Vernon Avenue, San Bernardino,
California, including but not limited to one half of the street
paving, curb, gutter and sidewalk in conformity with the Standard
Specifications No. 2271, as revised on file in the office of the
City Clerk and the requirements of the City Engineer on or before
a date when such street improvements are deemed necessary by the I
Mayor and Common Council of city but in no event later than fifteel
(15) years from December 20, 1971, provided that such street im-
provements shall not be deemed necessary before the calendar year
1985 unless provision is made for street improvements on the
entire east one half of Bordwell ,Avenue in the same block.
26 2. Said street improvements to be provided pursuant to the.
. 27 foregoing paragraph shall be at the sole cost and expense of
28 Permittee and without any cost and expense whatsoever to the City,
29 and Permittee shall have no claim or cause of action against the
30 city by reason of the providing of said street improvements.
31 3. Permittee agrees to abide by and conform to each condi-
32 tion and requirement 'of Conditional Development Permit No. 588.
.
fr.,Y~L~ /9 "
cO
\
b
_.;j~~;.:;,.",~.,.r2~t\I~;.~:;,,_';;1-'i.'::;'5::i;;!/ii:::E:;~;,;;~:::;L",~rr;.iiiit.;,'"':.~j;.':;:.:.&~:,7/,-;';JJii;J,-:;;'~-/;.:i~~""'Y/~~~~",;;.~0.;'-~
1
2
------ 3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
.~. 31
32
"'-.""- ""~,"""... ""~, -~.- " ~ "",..
-_.
o
4. The execution of and compliance with this agreemerit by
'Permittee supplants and is in lieu of the normal requirement in
.'.
a conditional development permit approved by city that a faithful
performance bond be filed guaranteeing the providing of said
street improve~ents by Permittee within a designated period of
time.
5. This agreement may be amended or modified only by
written agreements signed by both parties.
6. No acquiescence, failure or neglect of city to insist
on strict performance of any or all of the terms hereof in one
instance shall be considered or constitute a waiver of the right
to insist upon strict performance of the terms hereof in any
subsequent instance.
7. Each and all of the terms and agreements herein contained
shall be binding upon and inure to the benefit of the successors
in interest or assignees of Permittee. It is hereby covenanted
and agreed that time is of the essence of this agreement except
where otherwise expressly provided.
If any section, paragraph, sentence, clause, phrase, or por-
tion of this agreement is invalid or shall be held to be invalid,
such invalidity shall not affect the validity of the balance or
rema;inder.
There are no covenants and warranties other than those
expressed herein.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first hereinabove written.
ATTEST:
::~/
Mayor
:;r:~~;;~~( ',.( ~ ,
By '~><1? ~~:ar/
(~ ,I. Partner
.Lucille 9~
City Clerk
Approved as to form:
;~/~~tQ
city ttorney
-4<!"