HomeMy WebLinkAbout1988-276
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RESOLUTION NO. 88-276
4 RESOLUTION OF THE MAYOR AND COMMON.COUNCIL, CITY OF SAN
BERNARDINO CONSENTING TO ASSIGNMENT OF AGREEMENT FOR SEWER CON-
5 NECTION AND TREATMENT FOR TENTATIVE TRACT NO. 10297-3 FROM EMERICH
& COMPANY, INC., A CALIFORNIA CORPORATION, PAUL Y.H. HSU AND
6 DONALD S. CLURMAN TO LOMA LINDA VILLAGE PARTNERSHIP, A CALIFORNIA
7 GENERAL PARTNERSHIP.
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WHEREAS, Emerich & Company, Inc., a California Corporation,
9 Paul Y.H.
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Hsu, and Donald S. C1urman, entered into
an
agreement
with the City of San Bernardino and the Board of Water Commission-
11 ers on February 12, 1988 for Sewer Connection & Treatment for
12 Tentative Tract No. 10297-3; and
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14 agreement shall not be assigned without first obtaining City's and
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WHEREAS,
Section
13 of
said
agreement
prov ides
that the
Board's written consent; and
WHEREAS, Emerich
& Company, Inc.
has submitted a request to
assign the Agreement for
Sewer
Connection &
Treatment for Tent-
18 tative Tract 10297-3 to Lorna Linda Village Partnership, a Ca1ifor-
19 nia General Partnership, contingent upon Lorna Linda Village
20 Partnership exercising its option to purchase and subsequently
21 complete such purchase of the affected real property; and
22 WHEREAS, The Board of Water Commissioners, City of San
23 Bernardino, consented to the contingent assignment on July 5,
24 1988.
25 NOW THEREFORE, BE IT RESOLVED by the Mayor and Common Council
26 of the City of San Bernard ino as follows:
27 SECTION 1. The City of San Bernardino hereby consents to the
28 Assignment of the Agreement for Sewer Connection and Treatment
7-11-88
.
. CONSENTING. TO ASSIGNMENT OF AGREEMENT FOR SEWER CONNECTION & TREATMENT
TENTATIVE TRACT 10297-3
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2 WAW
as set forth in the Assignment, which is attached marked Exhibit
hereto and
incorporated
herein
as though fully set forth at
3 length.
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authorized to execute the Assignment set forth in Exhibit wAw.
SECTION 2.
The Mayor of the City of San Bernardino is hereby
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7 adopted by
I HEREBY CERTIFY
that the foregoing resolution was duly
the Mayor
and Common Council of the City of San
8 Bernard ino at a
Rel1;u1ar
meeting thereof, held on
9 the
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day of .July
, 1988, by the following vote,
18th
to wit:
AYES:
Council Members
Estrada, Reilly, Flores, Maudslev.
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Minor, Pope-Ludlam. and Mi1l~r
None
NAYS:
None
ABSENT:
~A:1l4/d~
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City Clerk
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\ The foregoing resolution is hereby approved this ~ot( day of
"/'~ ' 1988.
Approved as to form
and legal content
Mayor of the Cit~ Bernardino
BY:~~~
Tho as Minor, Mayor Pro-Tempore
7-11-88
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ASSIGNMENT
This assignment ("Assignment") made by Emerich and Company,
Inc., a California corporation, Paul Y.H. Hsu, and Donald S.
Clurman (collectively "Assignor") witnessth that:
WHEREAS, on or about February 12, 1988 Assignor entered
into an Agreement for Sewer Connection and Sewage Treatment
("Agreement") with the City of San Bernardino;
WHEREAS, the Agreement was approved by the City of San
Bernardino by City Council Resolution No. 88-35;
WHEREAS, Assignor has granted an option to Loma Linda
Village Partnership, a California general partnership
("Assignee") to purchase the real property ("Property")
subject to the Agreement;
WHEREAS, the Agreement requires that Assignor obtain the
City of San Bernardino's prior written consent to any
assignment of the Agreement;
WHEREAS, Assignor cannot complete the sale of the Property
without the City of San Bernardino's prior written consent
to the Assignment;
WHEREAS, Assignor does not wish the Assignment to become
effective until or unless Assignee exercises its option to
purchase the Property and subsequently completes such
purchase;
NOW THEREFORE:
1. Subject to the condition set forth in paragraph 2
hereinbelow, Assignor hereby assigns all of Assignor's right,
title and interest in the Agreement to Assignee.
2. It shall be a condition precedent to such assignment
that Assignee shall have (i) exercised its option to purchase
the Property; and (ii) completed its purchase of the Property.
If the foregoing condition is not fully met and satisfied then,
this Assignment shall not become effective.
3. Assignor shall, within five days of the transfer of
the Property from Assignor to Assignee, provide written notice
to the Water Department of the City of San Bernardino of such
transfer. Upon such notice, all of the rights and obligations
of Assignor under the Agreement shall thereupon cease and
determine.
2/S/H0159-007/0819V
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4. The recitals hereto are hereby incorporated herein.
EMERICH AND COMPANY, INC.
By~~~'~~~~s?kr
eroy b rger
WJ~
Paul . Hsu
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Donald S. Clurman
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The Assignment herein made and all of the terms and
provisions hereof are hereby accepted by Assignee.
LOMA L NDA VILLAGE
PARTN SHIP, A California
Gener i Partnershi
i
I Partner
By:
~~.t~
Seven Rosenb g
General Partner
KMK I
Genera
By:
PI'I".1tVJ
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The City of San Bernardino hereby consents to the foregoing
assignment:
BY:
FOR:
Approved as to form
and legal content:
~?IL
ity Attorney
~~ ~ Illy,," ?.,;I.;.f""P
Evlyn Wilcox, Mayor
City of San Bernardino
'/JIr:r.r 'J!. flk. ./ fdd
Marg~ t H. Chandler,
PreSl ent
Board of Water Commissioners
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