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RESOLUTION NO. /..3 / (, ft!'
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN SAID CITY, THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND ALEXANDER AND WEISSMAN,
ACO~PARTNERSHIP, RELATING TO PARKING REQUIREMENT REDUCTION FOR
VARIANCE NO. 436.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement between said City, the Redevelopment Agency of the
City of San Bernardino and Alexander and Weissman, a Co-partner-
ship, relating to parking requirement reduction for Variance No.
436, a copy of which is attached hereto, marked Exhibit "A"
and incorporated herein by reference as fully as though set
forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at '~ ,f)r"'; ,.e, In ~ ) meeting thereof, held
on the d?7~ day of ;l~ ' 1978, by the following
vote, to wit:
'AYES:
Col~:;,~jf~
~~,~)'
~ff~,
NAYS:
ABSENT:
The foregoing
of ~:aA..fI...L\" ,. ,
resolution
1978.
~;'d~
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AGREEMENT
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(Variance 110. 436 - parking req\liremen~ reduction)
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'nus AGRBBMEN't is _de and entered into at San Bernardino,
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California, this
day of
____________, 1978, by and
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bet_en the CITY OF SAN BERNARDINO, a municipal corporation,
hereiDafter called "City", the REDEVELOPMENT AGENCY OF 1'BE CITY
OF SAN BERNARDINO, a local public agency, hereinafter called
"Aqenoy", and ALEXANDBR AND WEISSMAN, a coo-partnership, herein-
af~ called "OWner".
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WIT ! ~ ~ ~ ! ! !!:
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WHEREAS, OWner is in the process of constructing a senior
citizen housing development on certain real property owned by
Aqency in the City of San Bernardino, County of San Bernardino,
State of California, described as follows:
PARCEL lIIO. 1: Lots 3 and 4, Block 38, CITY OF
SAN BBRNAllDI1CO, in the City of San Bernardino,
county of San Bernardino, State of California,
as per plat recorded in Book 7 of Maps, page 1,
records of said County.
PARCEL lIIO. 2: Lots 7 and 8, Block 38, CI'l'Y OF
SAN BERNARDIRO, in the City of San Bernardino,
coun~y of San Bernardino, State of California,
a8 per pla~ recorded in Book 7 of Maps, page 1,
records of said County.
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and
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WHEREAS, OWner will obtain ti~le to said real properq and
housinq developmen~ from Agency when the development is completed
pursuant to the terms and conditions of a Disposition Aqreeaent
da~ed December 29, 1976 entered into by and bet_en OWner and
Aqency, Aqency being the present owner of that real property
described hereinabove; and
WHEREAS, Aqency was qranted Variance No. 476 by the
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BXBIISI'l' "An
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1 planninq COIIIIIIission on Jan_ry 3, 1978, which said variance
2 aut:hol"bed a reducUon in the n\U1lber of parkinq spaces frolll 160
3 covered parltinq spaces to 52 covered parltinq spaces and an in-
4 crea.. in the uncovered parltinq spaces from 40 uncovered parltinq
5 spaces to 47 uncovered parltinq spaces, the total net result beinq
6 a reduction in the required parkinq spaces from 200 to 99 spaces;
7 and
8 WHEREAS, _id variance vas qranted subject to conditions,
9 one of said conditions beinq that an aqreement be entered into
10 assurinq that if in the future a chanqe of use in the housinq
11 develop 1>"1t occurs which would permit perSODS or f_ilies other
12 than the elderly or disabled to reside in or occupy the develop-
13 ment or any portiOD thereof then the full parkinq requirements
14 as set forth by the applicable City ordinance shall be met and
15 satisfied; and
16 WHEREAS, the parties hereto do now desire to enter into
17 such an aqreement to provide for the requirements of the afore-
18 said Variance No. 436,
19 NOW, 'l'HEREPORE, the parties hereto aqree as follows:
20 1. All the recitals set forth hereinabove are incorporat
21 herein by reference as thouqh set forth in full and at lenqth.
22 2. Aqency, Owner, and their heirs, successors, executors,
23 administrators, assiqns and transferees shall comply with each
24 condition of Variance No. 436 qranted by the City of San
25 Bernardino.
26 3. Aqency, OWner, and their heirs, successors, executors,
27 administrators, assiqns, and transferees shall not permit or
28 allow any person other than an elderly or disabled person to
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rent, l_se or occupy said senior citizen housing development
eonsuucted on the property hereinabove described, except as
hereiAafur provided.
4. In the event Agency, OWner, their heirs, 8uccessors,
exec:at.or8, admini8trators, a88igns, or tran8ferees fail to comply
with paraqraph8 1, 2 or 3 hereof, or any portion thereof, or any
CODdit,ions of Variance No. 436, then Aqency, OWner or their heirs,
succe8eors, executors, administrators, assiqn8 and transferees
aqr.e and warrant, should said housing development be occupied
by pereons or families other than elderly or disabled (as defined
by the Pederal Housing Administration under Section 236 of the
National Housing Act), to notify City in writinq as to said
occupancy, and upon written demAnd of City, they shall provide
all additional parking spaces required by the applicable City
ordinance at that time. provided, however, that the foreqoinq
provision for such additional parking shall not be applicable if
the property or any IIIOrtgaqe thereon is owned by or held by the
U. S. Department of Housing and Urban Development, the Pederal
Housinq COIIftissioner, or any A$Socia:t;.ed Housing and urban
P.evelopment federal agencies such as P.M.M.A. or G.N.M.A. A
copy of any demands hereunder shall be sent to the Pederal Sousin
Administrator, Los Angeles, California.
5. The provisions of this agreement shall be binding
upon and inure to the successors, heirs, executors, administrator ,
. . . . .
. . . . .
. . . . .
. . . . .
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1 assiqns, and t:ranaferees in interest of the parties bereto.
2 IN 1II'l'IIUS 1fIIEllEOF, the parties hereto bave executecl this
3 Aqreeaent on the date first hereinabove written.
4 CITY OF SAN BERNARDINO
AT'l'EST:
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LUCIL~ GOfORTH
City Clerk
By
w. R. HOLCOMB
__u Mayor
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REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDIJIO
By
Wa11ac,,- -Green, Cbaixwan
BY_-ti&a
R. B. S well, Jr.,
Executive Director
ALEXANDER AND Wl!lISSIIAR, .
partnership
By
By____ _____...
Approved as to fonal
RALPH H. PRINClII
City Attorney
WID. A. Flory
Aqency COunsel
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1
S'l'A'1'E OF CALlFOllHIA
)
I 88.
2 COUlftY OF SAlf BBlUIARDINO )
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On
_____, 1978, before me, the under-
4 siqne4, a Notary Public in and for said County and state, per-
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1IDDa1ly appeared
and
6 known to me to be the partDers of the
7 partnership that executed the within instrulllent, and acknowledCJed
8 to me that such partDership executed the same.
Notary PUbIic in and for said
County and State
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