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Home My WebLink About2005-271 1 2 3 4 5 6 7 8 9 10 11 12 13 III 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 700"-771 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AGREEMENT WITH THE CALIFORNIA NEWSPAPERS PARTNERSHIP FOR DEFERRAL ()F SIDEWALK IMPROVEMENTS ON GEORGIA BOULEVARD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is authorized and directed to execute, on behalf of the City, an Agreement with The California Newspapers Partnership for deferral of sidewalk improvements on Georgia Boulevard, which is attached hereto and incorporated herein as Exhibit "A". SECTION 2. The authorization to execute the above Agreement is rescinded if it is not signed by the parties within sixty (60) days of the passage of this resolution. III - 1 - 1 RESOLUTION ...... APPROVING AGREEMENT WIm mE CALIFORNIA 2 NEWSPAPERS PARTNERSmp FOR DEFERRAL OF SIDEWALK IMPROVEMENTS ON GEORGIA BOULEVARD. 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 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ioint regular meeting thereof, held on the 1st day of August Council Members: AYES ESTRADA x - LONGVILLE x MC GINNIS x DERRY x - KELLEY ---1L- JOHNSON x MC CAMMACK x , 2005, by the following vote, to wit: ABSTAIN ABSENT NAYS ~A~ The foregoing resolution is hereby approved this ~ day of AU2ust , 2005. 1 Valles, Mayor ity of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City orney -2- ~ ~ ~-~ C~PC~~"_ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: James 1. Manning, Jr. 3880 Lemon Street, Fifth Floor Post Office Box 1300 Riverside, California 92502-1300 Space above this line for Recorder's use AGREEMENT WHEREAS, the undersigned Owner is owner of Parcel Nos. 53 and 54 of Parcel Map No. 5902, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in book 64 of Parcel Maps, pages 30 through 32, inclusive, records of said County and amended by certificate of correction recorded January 7, 1982, Instrument No. 82-004190, official records, commonly known as 2239 Parkway, San Bernardino, CA 92407; and WHEREAS, Owner is improving that property and the undersigned City has imposed certain conditions for those improvements which are identified as Conditions of Approval for Development Permit Type II No. 04-31; and WHEREAS, it is the desire and intention of the parties to this Agreement to restrict the land as set forth below; NOW, THEREFORE, in consideration of the mutual promises of the parties to this Agreement, each to the other as Convenantor and Convenantee, and expressly for the benefit of and to bind their successors in interest, the parties agree as follows: Upon actual completed installation of an ADA-compliant public sidewalk from Hallmark Parkway to the property line of either Parcel Numbers 53 or 54, described above, Owner/its successors shall have 180 days to: 1) Construct a sidewalk in the public right-of-way in accordance with the then-applicable City standard, except that any then - existing utility improvements within any such area need not be modified, moved, relocated or otherwise disturbed; and, 2) Pm vide a handicap accessible path of travel from the public way to the entrance of all buildings on the site, including the existing structure on the property described as 2239 Gannett Parkway, San Bernardino, California 92407. Dated: July _, 2005 OWNER: CITY: THE CALIFORNIA NEWSPAPERS PARTNERSHIP By: Exhibit "A" S0069-133/AQreement-amended 070805 -- """, ,n RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: James 1. Manning, Jr. 3880 Lemon Street, Fifth Floor Post Office Box 1300 Rivrrside, California 92502-1300 Space above this line for Recorder's use AGREEMENT WHEREAS, the undersigned Owner is owner of Parcel Nos. 53 and 54 of Parcel Map No. 5902, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in book 64 of Parcel Maps, pages 30 through 32, inclusive, records of said County and amended by certificate of correction recorded January 7, 1982, Instrument No. 82-004190, official records, commonly known as 2239 Parkway, San Bernardino, CA 92407; and WHEREAS, Owner is improving that property and the undersigned City has imposed certain conditions for those improvements which are identified as Conditions of Approval for Development Permit Type II No. 04-31; and WHEREAS, it is the desire and intention of the parties to this Agreement to restrict the land as set forth below; NOW, THEREFORE, in consideration of the mutual promises of the parties to this Agreement, each to the other as Convenantor and Convenantee, and expressly for the benefit of and to bind their successors in interest, the parties agree as follows: Upon actual completed installation of an ADA-compliant public sidewalk from Hallmark Parkway to the property line of either Parcel Numbers 53 or 54, described above, Owner/its successors shall have 180 days to:'I) Construct a sidewalk in the public right-of-way in accordance with the then-applicable City standard, except that any then - existing utility improvements within any such area need not be modified, moved, relocated or otherwise disturbed; and, 2) Provide a handicap accessible path of travel from the public way to the entrance of all buildings on the site, including the existing structure on the property described as 2239 Gannett Parkway, San Bernardino, California 92407. Dated: July _, 2005 OWNER: CITY: By: ... ..... ....... ........ ....... . ...... ... ..... ... ................. ........ . THE CALIFORNIA NEWSPAPERS PARTNERSHIP Exhibit "A" S0069-133/Aar@@m@nt-amended 070805 "'..,",~,,-'ij< ~'\. ....__, I- . ~.a:.___ - - ___I ( .-:; ------- I I , ...J : ~ , l,r :., I 0' , , I , a ~'\. .09 6'~ >- ~ LL I.n ........., (\J I I--l ~ > -' ~ ~ :> :z: I- ~ <[ u ~ ...~ '%. \ ,$}- '\.~ 0:1 <, A"t- \ \P A"t- oC/)z zwo T""I CiU- -.- - a:>u 0 <(a:w T""I zwC/) - Q) o::C/)~ Q) W.- L:. en alza: .... zww 0 ~ <(~a.. 0 '!n... C/)a..o .... d 0' u..Oa: O....Ja.. z z >-W....J :5 a: .-><( 0- 0:: _ww UCla: ~ " ~'\. +~ c}'t, +~ ~\, d}'t, >- <[ > ~ ~ <[ A a.. 7't, ~ Q! <[ ~ -' -' <[ :c rIl "S-,.. 0' I\tl"t- .9. ~,.. 0' 6A 'to u.: cri c: !Xi 6}" , ~'t, .::t!. I... o E "0 I u ... c - o >. 1: v .!: ..... :J o en :>, o ~ .::t!. I... o a.. "0 .....1... .....0 V > c.!! c :J 00 ,-,CI) -0 0,- 01 C I... 00 ._ v t:0 0_ CLO 0>' _1: o V .!: ct: 00 :;:;c o (,)"0 Oc > 0 - "0 V>. enO o ~ CL.::t!. 01... ,-0 a.. a.. u ... c c ~ J:J "_._ ,,- '.1' CALIFORNIA - ," " ,: .,' ~.-; ;; ALL-PURPOSE _ ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ~A0r/Jar-~~ On t1 tiPs- DATE beforeme,Sh~t!Y'VM. ~e/~-/o/f44v-, NAME. TITLE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC. personally appeared. cfv fl} Jh . f//d /f ~ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signqture(s) on the instrumentthe person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. .., WITNESS my hand and official seal. ~ ---~----~_.-_--_......- @ Sheree M. CabIIIo-MeIer ' --- ..,..... Camm. 11321404 i NOTARY I'UIIJC. CAI.FOIlNlA i San hmenIno Counly .. , My Comm. e..no...... 2D. .. _ _ _ . ~ W . ~. ~/Jl~ ~-/I)~.(SEAL) NOTARY PUBLIC SIGNATURE II"....". ," -, .' '. . . OPTIONAL INFORMATION II. ...... '.'., . " . # TITLE OR TYPE OF DOCUMENT~ry. Ydn 'IhJ!- - ~?/ fi/.o5. 5:3 of 5<1 5.9a DATE OF DOCUMENT 9"3105- NUMBER OF PAGES 3 SIGNER(S) OTHER THAN NAMED ABOVE