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HomeMy WebLinkAbout12993 - ' 1 RESOLUTION NO. /;;? 'i"9'.:J RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF ~ AGREEMENT W1ft: WILMER C. HANSEN. M..D., PROVIDING FOR Tl!B DIS't1U~10N OF FtJ)8)S llB1?OSIDD BY WILMER C. HANSEN, lot.D. FOR THE t>A._lfT OF CONSUL'1'ANT 'S' CHARGES FOR THE PREPARATION OF A SUPPLJ:M'&N'tALEWIRONMENTAL IMPACT REPORT. BE IT RtSOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BlmNAlWINO AS FOLLOWS: 2 3 4 5 6 7 SECTION 1. The Mayor of the City of San Bernardino is 8 9 hereby authorized and directed to execute on behalf of said City 10 an Agreement with Wilmer C. Hansen, M.D., providing for the dis- tribution of funds deposited by Wilmer C. Hansen, M.D. for the payment of Consultant's charges for the preparation of a supple- mental environmental impact report, a copy of said agreement is attached hereto, marlted Exhibit "I" and incorporated herein by 11 12 13 14 reference as fully as though set forth at length. 15 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 16 17 a ,~u~ij day of . ~~ , , 1971, by the following 19 iBernardino at ion the /7$ I!vote, to wit: I AYES: meeting thereof, held 18 20 21 22 NAYS: 23 24 ABSENT: 25 /7?Lf{ day 26 n The foregoing resolution is hereby of ~J')'L~ , 1977. 27 28 )\'sU <'i.,} )'1', '.L :;':i ,,-,;.l.'~:AJ ':',"'" ^ -I .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT --------- (baposit for Supplemental Environmental Impact Report) THIS AGREEMENT is made and entered into this ,..;?~ day of ! ot?~LI , 1977, by and between the CITY OF SAN BERNARDINO~ a ~icipal corporation, hereinafter called .City", and WILMER C. HANSEN, M.D., hereinafter called "owner". WIT N E SSE T H: ---------- WHEREAS, owner owns certain real property shown on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, owner desires that said property be annexed to the City of San Bernardino, and City is contemplating annexation of Said property; and WHEREAS, City has determined that a supplemental environ- mental impact report is necessary for all of said real property :described in Exhibit "A" prior to holding a pre-zQning hearing for the proposed ahnexation of said real property; and WUEREAS, owner desires to deposit with City certain funds to be used by City for the purposes outlined herein to enable City to have a proper and accurate supplemental environmental impact report prepared by an outside consultant selected by city, NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises herein contained, at the time and in the manner specified herein, the parties hereto agree as follows: 1. owner shall, concurrently with the execution of this agreement, deposit with City the sum of nine tbQuljand fiftr-two dollars ($9,052. ) in lawful money of the United States of America. , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - I...... 1:,1 ... r , I I I I I Ii I' 'i - 2. City shall use said funds so deposited by owner with City for purposes of paying consultant for its services with respect to Owner's property and other. properties comprising the proposed annexation as provided in the agreement between the con- sultant and the City. Owner is familiar with a certain agreement dated ~), ,tLo ii, 1977 between City and Westec Services, Inc., as consultant, whereby Westec Services, Inc. agrees to perform the required consultant services, and owner agrees to be bound therebyi 3. owner hereby authorizes. City to expend from said I deposit any and all amounts necessary to compensate the consultant for its services in preparing and providing the required supple- mental environmental impact report as set forth in that certain agreement dated rtJ-f "':;'.0*1977, between City and Westec Services, Inc. 4. owner aqrees to be responsible for, and to pay to City upon demand, any and all additional sums required to obtain an adequate supplemental environmental impact report for the proposed annexation. 5. In the event all of the aforesaid sum deposited is not required for payment to consultant for said supplemental environmental impact report, then City shall, when the report is obtained and when consultant is fully compensated therefor, re- fund any excess funds to owner. 6. owner hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from any and all liabilities and claims of consultant as a result of City's agreement with consultant. 7. All notices herein required shall be in writing and -2- . .' . . 4 ~ ! ii P. I r 0# 1 I I delivered in person or sent by certified mail, postage prepaid, II ad4ressed as follows: I City of San Bernardino 300 North MD" Street San Bernardino, CA 92418 2 3 Wilmer C. Hansen, M.D. 2010 Wilshire Boulevard Los Angeles, CA 90057 4 5 6 IN WITNESS WHEREOF, the parties hereto have executed this AgJ:ll!ement on the date first hereinabove written. 7 CITY OF SAN BERNARDINO ATTEST: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-