HomeMy WebLinkAbout1989-328
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7/27/8928
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RESOLUTION NO. 89-328
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A DEVELOPMENT AGREEMENT WITH THE HENDERSON
DEVELOPMENT COMPANY, INC., RELATING TO INSTALLATION OF STREET
IMPROVEMENTS ADJACENT TO THE PROPERTY BETWEEN NINTH STREET AND
OLIVE STREET, AND WEST OF VALENCIA AVENUE.
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 a Development Agreement with
the Henderson Development Company, Inc. relating to installation
of certain infrastructure items required by Conditional Use
Permit No. 88-19, a copy of which agreement is attached hereto
marked Exhibit "A," and incorporated herein by reference as fully
as though set forth at length.
SECTION 2.
The agreement shall not take effect until
fully signed and executed by all 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.
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referenced agreement is rescinded if the parties to the agreement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
Regular
meeting thereof, held on the
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7/27/89 28
RESO:
.AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH
HENDERSON DEVELOPMENT COMPANY, INC. RELATING TO INSTALLA-
TION OF STREET IMPROVEMENTS ADJACENT TO PROPERTY BETWEEN
NINTH STREET AND OLIVE.
21strlay of August
, 1989, by the following vote, to-wit:
AYES: Council Members Reilly, Flores, Maudsley, Minor,
Pope-Ludlam, Miller
NAYS: None
ABSENT: Estrada
~dY~~~~;
./ City.Clerk'
The foregoing resolution is hereby approved this -2~~
day of ~;r~
, 1989.
Tempore
&
For R.
CJ.ty of
Approved as to form
and legal content:
James F. Penman
City Attorney
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23 WHEREAS, DEVELOPER has
24 Conditional Use Permi t No. 89-19,
25 development on Parcel No.2; and
26 WHEREAS, Lot Line Adjustment No. 88-30 will have to be
27 finalized in order for DEVELOPER to secure financing for the
28 proposed development; and
DEVELOPMENT AGREEMENT
NORTHEAST CORNER OF NINTH STREET AND VALENCIA AVENUE
THIS AGREEMENT, entered into this ___day of
1989, by and between the CITY OF SAN BERNARDINO, a municipal
corporation of the State of California, hereinafter referred to
as "CITY," and the HENDERSON DEVELOPMENT COMPANY, hereinafter
referred to as "DEVELOPER."
WITNESSETH
WHEREAS, DEVELOPER is planning to develop the northwest
corner of Ninth Street and Valencia Avenue with multi-family
units; and
WHEREAS, this property is
parcels by a lot line extending
Street; and
WHEREAS, the northerly portion of this parcel has been
developed, and the adjoining streets improved with paving, and
curbs and gutters; and
WHEREAS, DEVELOPER has submitted an application, Lot Line
Adjustment No. 88-30, to adjust the lot line to an east-west
alignment, in order to create Parcel No. 1 for the developed
portion; and
presently divided
from Ninth Street
into two
to Olive
submitted an application,
to construct a multi-family
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WHEREAS, the Subdivision Map Act indicates that full
street improvements should be installed as a condition for
approving a Lot Line Adjustment; and
WHEREAS, full street improvements adjacent to Parcel No.
2, and completion of street improvements adjacent to Parcel No.
1, will be required as a Conditional Use Permit No. 89-19; and
WHEREAS, DEVELOPER and CITY do mutually desire to
stipulate how these street improvements will be accomplished, in
order to allow Lot Line Adjustment No. 88-30 to be finalized
prior to their installation.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
DEVELOPER shall file bonds, or other acceptable surety, to
insure completion of street improvements adjacent to Parcel
No.1, as established by Lot Line Adjustment No. 88-30.
Bonds or other surety shall be filed prior to issuance of
building permits for proposed multi-family development on
Parcel No.2.
DEVELOPER, shall install full street improvements, adjacent
to Parcel No.2, as a condition of approval for Conditional
Use Permit No. 89-19.
CITY shall execute the Certificate of Compliance, and record
Lot Line Adjustment No. 88-30 in the official records of the
County of San Bernardino, concurrently with the close of
DEVELOPER'S escrow for Parcel No.2
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1 THIS AGREEMENT shall inure to the benefit of and be
2 binding upon the successors and assigns of both parties.
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CITY
ATTEST:
~//?4~/
/ City Clerk
HENDERSON DEVELOPMENT
COMPANY, INC.
9 Approved as to form and
legal content:
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By O~ 4. J"pJj.,-?~
~chard A. Senderson,
President
James F. Penman
City Attorney
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