HomeMy WebLinkAbout1985-159
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RESOLUTION NO.
85-159
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.
84-31.
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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 Cliff R. Carel & Associates,
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la limited partnership, waiving Cliff R. Carel & Associates' right
to make application to the City for any density bonus for the real
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12 property described in Change of Zone No. 84-31. A copy of the
13 Covenant Running With the Land is attached hereto, marked Exhibit
14 "I", and incorporated by reference herein as fully as though set
15 forth herein.
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SECTION 2. The City Clerk of the City of San Bernardino is
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directed to have the Covenant recorded with the San Bernardino
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County Recorder.
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I HEREBY CERTIFY that the foregoing resolution was duly
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i. adopted by
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II' Bernardino
II. the 29t-h
to wit:
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~&/I/#/~46
,/ City Clerk
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the Mayor and Common Council of the City of San
at an
adiourned reaular
meeting thereof, held on
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day of
April
, 1985, by the following vote,
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Council Members
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AYES:
Marks.
Ouiel.
Reillv.
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Frazier.
Strickler
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NAYS:
None
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ABSENT:
Council Members Castaneda. Hernandez
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The foregoing resolution is hereby approved this
of
, 1985.
Mav
Approved as to form:
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City torney
day
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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
x!t<<SCOCmkicoaxl Ord inance No. _ _.-:.... granting nJIX~
KK<<<<<<<<~lt<<<<dlXlllnU(tXIGXl!xrl!XlQt%XbIA>>U'J.llUltUX~lt:tl>>X~
~X<<XRKK<<<<kXKX,x/Change of Zone Number
84-31
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
rT.TJ;'J;' 'R rA.RFT. s:. A~~()rTA.rrF.~J' ~ l;m;~pr1 p~rtnprc::l-}ip
(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 a1ternative(s) set forth in Paragraph 1 above was
granted to developer.
6. Developer further covenants that developer will not for
a period of thirty (30) 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
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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
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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 ..;t3~ ,( day of Cf.>-'-,--'C 19 ~ 5" t
CLI~F.R. CAREL & A~SOCIATES, ~\ \;, l \ ~. \
a LJ.ffiJ.ted PartnershJ.p V &\ ~ \. U~ 2.,
Grantor CLIFF R. CAREL, tcoalt t ~ "-
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
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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 No.2, 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