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1 RESOLUTION NO. 85-l0l
2 RESOLUTION OF THE CITY OF SAN BERNARDION AUTHORIZING THE
ACCEPTANCE OF A COVENANT RUNNING WITH THE LAND FROM SHADOW HILLS
3 LTD., BY SUNFLOWER PROPERTIES, INC., MANAGING PARTNER, WAIVING
ISHADOW HILLS LTD.'S RIGHT TO MAKE APPLICATION TO THE CITY FOR ANY
4 DENSITY BONUS FOR THE REAL PROPERTY DESCRIBED IN CHANGE OF ZONE
NO. 84-25.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Clerk of the City of San Bernardino is
8 hereby authorized and directed to accept on behalf of said City a
9 Covenant Running With the Land from Shadow Hills Ltd., by
10 Sunflower Properties, Inc., Managing Partner, waiving Shadow Hills
11 Ltd.'s right to make application to the City for any density bonus
]2 for the real property described in Change of Zone No. 84-25. A
13 copy of the Covenant Running With the Land is attached hereto,
]4 marked Exhibit A, and incorporated by reference herein as fully as
15 though set forth herein.
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SECTION 2. The City consents to recordation thereof by its
17 duly authorized officer.
]8 I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Mayor and Common Council of the City of San
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Bernardino at an .::l...i:j""'l'lrnorl ,-tOo'J1l1~r
meeting thereof, held on
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the
7th day of
M::lrrh
, 1985, by the following vote,
22 to wit:
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AYES:
Council Members
CnRtaneda, Reillv, Hernandez,
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M;:p-kr:o ()nin1 Frt=l7.ip..r Strir::klAr
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NAYS:
l\TQQG
ABSENT:
noflE
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~gh'%1~H/
City Clerk
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The foregoing resolution is hereby approved
/' ..:?Zx:day
2 of
, 1985.
Mnrr.h.
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Approved as to form:
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City ~rney
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Recorded at the request of,
and when recorded, return to:
~
City Clerk
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
COVENANT RUNNING WITH THE LAND
1 . WHEREAS, on
February 18, 1985
, the Mayor
and Common Council of the City of San Bernardino adopted
~Ordinance No.
MC-43S
granting Xltlaxb~k
JUBe{~~JO:Xti{X1dx<<xR<<<I\ltD:<<JKnlt
~X~~~/Change of Zone Number
84-25
for the
parcel or parcels of property in the City of San Bernardino,
County of San Bernardino, State of California, described in
Exhibit A which is annexed hereto and incorporated herein by
reference.
2. WHEREAS, it is hereby agreed and acknowledged by
SHADOW HILLS LTD., by SUNFLOWER PROPERTIES. INC., Manaqinq Partner
(hereinafter referred to as "developer") that said grant has an
"equivalent financial value", to the value of a twenty-five
percent (25%) density bonus for the subject residential housing
development under Government Code Section 65915(a).
EXHiBIT A
3. WHEREAS, it is hereby agr,eed and acknowledged by
developer that said grant of Tax Exempt Financing/Conditional Use
Permit/Waiver of the requirement for a Parcel Map/Change of Zone
is deemed to be and does in fact constitute an incentive under
California Government Code Section 65915 for the development of
any residential housing development that may hereafter be
constructed on the parcel or parcels of land described in Exhibit
A.
NOW, THEREFORE, it is hereby agreed as follows:
4. Developer hereby acknowledges that he has received an
equivalent financial value as that term is used or may hereafter
be used in Government Code Section 65915. In receipt of the
consideration, developer hereby waives any present and future
right to a density bonus for the subject housing development.
5. Developer covenants with the City of San Bernardino
(hereinafter "City") that developer will not for a period of
thirty years hereafter, make application to the City for any
density bonus or other "equivalent financial value" of said
density bonus for a residential housing development to be
constructed on the parcel or parcels of land described in Exhibit
A for which residential housing development the Tax Exempt
Financing/Conditional Use Permit/Waiver of the Requirement for a
Parcel Map/Change of Zone described in paragraph 1 above was
granted to developer.
6. Developer further covenants that developer will not for
a period of thirty years hereafter commence any action against
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the City or its officers, agents ~r employees before any
administrative agency or in any state or federal court to compel
the City or its officers, agents or employees to grant to
developer a density bonus or other '~quivalent financial value"
of said density bonus for a residential housing development to be
constructed on the parcel or parcels of land described in Exhibit
A.
7. These covenants run with the land and are binding on all
heirs, successors, administrators, executors, and assigns of
developer for a period of thirty (30) years from date of its
recordation.
8. In the event of a breach of these covenants or any of
them by the developer or any heir, successor, executor,
administrator or assign, the City may bring an action to enforce
compliance with any of the covenants contained herein and for
other relief, including money damages, attorneys fees and costs
of court, administration or overhead.
9. Developer agrees that upon the successful prosecution by
the City of a civil action arising from the breach of any of these
covenants, or in the event of a successful defense by City of any
claim by developer to entitlement to a density bonus or other
equivalent financial value, City shall receive, as liquidated
damages, and not as a penalty, an amount equivalent to twenty
percent (20%) of the value of all improvements constructed on the
parcel or parcels described in Exhibit A in excess of those
improvements permitted by the grant described in paragraph 1
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above. This sum is estimated, computed, determined and agreed
upon because of the uncertainty and difficulty of measuring
actual damages, for breach of any of the covenants contained
herein. The City shall also be entitled to all costs of
litigation and all other costs reasonably incurred in bringing an
action to enforce this covenant.
IN WITNESS WHEREOF,
this :f~ day of
1'1",4--- I'/a-, /.'t~
~ .' j;"l?flVtrlk ~f
rantor '17 , ,/.,
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NOTARY ACKNOWLEDGMENT:
Developer has executed this document
~#4r{- , 19 f?,
MfI~ tf'~~J /1,>1.17,..-
rantor
ACCEPTANCE BY CITY
The City of San Bernardino hereby accepts the covenant
included within the attached document. I certify that I am
authorized to accept grants and conveyances to the City of San
Bernardino as authorized by resolution of the Mayor and Common
Council.
DATED: ~,t,tj)4 /9'ff
CITY OF SAN BERNARDINO
By ...h-flt?/ .-f~"
, 1 ty er
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EXHIBIT A
All that real property situated in the City of San
Bernardino, County of San Bernardino, State of
California, described as follows:
Parcel 3 and 4 of Parcel Map No. 6985, in the City
of San Bernardino, County of San Bernardino, State
of California, as per map recorded in Book 72 of
Parcel Maps, Pages 53-55, records of said County.
Parcel 2 of Parcel Map No. 6505, in the City of
San Bernardino, County of San Bernardino, State of
California, as per map recorded in Book 64 of
Parcel Maps, pages 49 and 50, records of said
County.