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Home My WebLink About1985-158 II .,'/ 1 RESOLUTION NO. A~_lt;e 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ACCEPTANCE OF A COVENANT RUNNING WITH THE LAND FROM CLIFF R, CAREL 3 & ASSOCIATES, A LIMITED PARTNERSHIP, WAIVING CLIFF R, CAREL & ASSOCIATES' RIGHT TO MAKE APPLICATION TO THE CITY FOR ANY DENSITY 4 BONUS FOR THE REAL PROPERTY DESCRIBED IN CHANGE OF ZONE NO. 84-29. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 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 Cliff R. Carel & Associates, a 10 limited partnership, waiving Cliff R. Carel & Associates' right to 11 make application to the City for any density bonus for the real 12 property described in Change of Zone No. 84-29. A copy of the 13 Covenant Running With the Land is attached hereto, marked Exhibit 14 HI", and incorporated by reference herein as fully as though set 15 forth herein. 16 SECTION 2. The City Clerk of the City of San Bernardino is 17 directed to have the Covenant recorded with the San Bernardino 18 County Recorder. Ii I HEREBY CERTIFY that the foregoing resolution was duly I adopted by the Mayor and Common Council of the City of San I Bernardino at an ncJ;jollrnpc1 rF'g111nr meeting thereof, held on ! the 29th day of /lpr; 1 , 1985, by the following vote, I to wit: 19 20 21 22 23 24 , i I I! ,I I , I , I ~//?70''(~ / Clty er AYES: Council Members Reillv. Marks. Ouiel 25 Frazier, STrickler NAYS: None 26 ABSENT: Council Member Castaneda, Hernandez 27 28 The foregoing resolution is hereby approved this 1 i I 2 of Nay , 1985. 3 4 5 Approved as to form: f~~) It1ty orney 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- Recorded at the request of, and when recorded, return to: City Clerk City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 COVENANT RUNNING WITH THE LAND 1. WHEREAS, on , the Mayor and Common Council of the City of San Bernardino adopted Z>>X~X>>XX~/Ordinance No. granting XIlilM{lO~ nunllqJt:ClO~JlX:lImOOlIXnwclPJUXl1fXX~xHXJdHK~ f>>~X>>x~~~/Change of Zone Number 84-29 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 CLIFF R. CAREL & ASSOCIATES, a Limited Partnership (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 659l5(a). EXHIBIT 3. ~HEREAS, it is hereby agreed and acknowledged by developer that said grant of the equivalent financial value a1ternative{s) set forth in Paragraph 1 above 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 equivalent financial value alternative{s) set forth in Paragraph 1 above was granted to developer. 6. Developer further covenants that developer will not for a period of thirty (3D) years hereafter commence any action against the City or its officers, agents or employees before any administrative agency or in any state or federal court to compel 2 the City or its officers, agents or employees to grant to developer a 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. 7. These ccvenants 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 tte 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 above. This sum is estimated, computed, determined and agreed upon because of the uncertainty and difficulty of measuring 3 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, Developer has executed this docu~ent this day of CLIFF R. CAREL & ASSOCIATES, a Limited Partnership 19 Grantor CLIFF R. CAREL, General Partner ~ NOTARY ACKNOWLEDGMENT: 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: CITY OF SAN, BERNARDINO By City Clerk 4 . . EXHIBIT "A" All that real property situated in the City of San Bernardino, County of San Bernardino, State of California, described as follows: Parcel No.4 and Parcel No.5 of Parcel Map No. 7140, as per plat recorded in Book 69 of Parcel Maps, Pages 1 and 2, in the City of San Bernardino, County of San Bernardino, State of California.