HomeMy WebLinkAbout1980-024 i
i;LrOLt:TION NO. ?
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHOPIZING THE EXECUTION
OF AN AGREEMENT 14ITH ALFRED G. COOPER A11D PATRICIA F . COOPER RELATING
2 TO THE POSTPONEMENT OF STREET I"9PROVE`i'IEPvTS AT 6776 MAGNOLIA AVENUE:
3 BE IT RESOLVED BY THE MAYOP ",HD CO*10,N COUNCIL OF THE CITY OF SAI,
BE`:NAf DINO AS FOLLOUS:
SECTION 1 . The Mayor of the City of San Bernardino is hereby
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j authorized and directed to execute on behalf of said City an Agreement
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v.ith Alfred G.. Cooper and Fatric-ia F. Cooper relating to the postpone-
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ment of street irlprovements at 677E P'agnolia Avenue, a copy of which
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is attached hereto, marked Exhibit "I" and incorporated herein, by
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reference as fully as though set forth at lencth.
30 1 HEREBY CE!'TTFY that the forecoinc, resolution was duly adopted by
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the P,9ayor and Common Council of the Ci ty of San Bernardino att.�a
12 _meeting thereof, meld on the �'� day of
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13 1930, by the following vote, to wit:
14 AYES: COUNCILHEPi
15 NAYS
37 ABSENT:
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19 City Clerk �
--The foreuoi nci resolution is hereby apr��roved this _day
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of 1 980
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mayor of the City of San °ernardino
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23 Approved! as to forrn:
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City At1krney
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1 PROMISSORY NOTE SECURED BY DEED OF TRUST
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Place: San Bernardino, California
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Date: December 5 , 1979
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$4,850.00
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FOR VALUE RECEIVED, the undersigned jointly and severally promise
8 to pav to the City of San Bernardino (herein called "City"), on
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demand, the sure of Four Thousand Eight Hundred Fifty Dollars ($4,850.00) .
10 IF suit is instituted by the City to recover on this Note, the
11 ; undersigned agree to pay all costs of such collection, including reason- I
12 able attorney's fees and court costs.
13 THIS NOTE is secured by a Deed of Trust dated December 5 ,
14 _, 1979, duly filed for record in the office of the County
15 Recorder of the County of San Bernardino, State of California.
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THE undersigned hereby tiaive, to the extent authorized by law,
17 any and all homestead and other exemption rights �•ahich otherwise would
18 apply to the debt evidenced by this Note.
IN WITNESS WHEREOF, This Note has been duly executed by the under-
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signed, as of its date.
21 if ed G. Cooper
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Patricia F. Cooper��
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II
ilGRFCr; ErIT
1 (6776 Magnolia Avenue)
2 THIS AGREEMENT is rude and entered into this 05J, day of i
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1980, by and between the CITY OF SAN BERNARDINO,
a municipal corporation, hereinafter referred to as "City," and
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ALFRED G. COOPER and PATRICIA F. COOPER, husband and wife, hereinafter j
referred to as "Developers."
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In consideration of the agreements, covenants, conditions, promises
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and legal detriments herein contained, the parties hereto agree as
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follows:
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1 . Recitals.
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(a). Developers have applied for a building permit for certain
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I construction on the premises owned by Developers, known as 677E Magnolia
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Avenue, in the City of San Bernardino; generally referred to in this
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agreement as "the premises," and more particularly described as follows:
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All that real property situated in the City of
15 San Bernardino, County of San Bernardino, State of
California, described as :
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The North 1/2 of the Southeast 1/4 of Block 75, Town
17 of Irvington and Irvington Land and Uater Company Sub- I
division, as per plat recorded in book 3 of Maps, page
18 9, records of said County.
19 (b) As a condition of issuance of a building permit, and
20 pursuant to Section 20.2E of Ordinance No. 1991 of City, Developers
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21 are required to make certain street improvements.
22 (c) Pursuant to Section 20.2E6 of Ordinance No. 1991 , Developers
23 have requested a postponement of the actual installation of the required
24 street improvements. The Mayor and Common Council of City have approved �
25 the delay, in accordance with the terms of this agreement, for a period
26 not to exceed five years from the crate of this agreement.
27 2. Develapers to construct_street improvements. I
28 Developers agree tkat street improvements adjacent to the premises in
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t accordance with standards and specifications of the City Engineer,
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2 shall be completed not later than five (5) years after the date of
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3 this agreement. Developers further agree that the construction of said
4 street improvements shall be commenced within ten (10) days and com-
5 pleted within ninety (90) days after written notice is given to them
6 at any time during said five (5) year period by the City Engineer,
7 stating that street improvements are being constructed on an adjacent
8 parcel of land, and requesting that Developers install street improve-
9 ments.
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3. Security. The City Engineer has estimated the cost of the
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It required street improvements to be $4,850, as indicated on Exhibit "A" j
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attached hereto. As security for the performance of Developers'
13 obligations under this agreement and Ordinance No. 1991 , Developers agree I
14 to execute a promissory note payable to the City, upon demand, in the
15 amount of $4,850, secured by a deed of trust on the premises, and
16 Developers agree to execute and record the deed of trust at their
17 expense.
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4. City consents to delay. City agrees that the construction of
t9 street improvements by Developers may be delayed in accordance with the
20 terms of this agreement. City agrees not to make demand on Developers '
21 promissory note to City so loner as Developers comply with the terms of
22 this agreement.
23 S. Notices. All notices herein required shall be in writing and
24 delivered in person or sent by first class nail , postage prepaid, addresse
as follows :
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City of San Bernardino Mr. and Mrs. Alfred G. Cooper
26 300 North "D" Street 6776 Magnolia Avenue
San Bernardino, Ca 92418 San Bernardino, Ca
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t IN WITNESS WHEREOF, the parties hereto have executed this
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2 agreement on the day and year first hereinabove written. i
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3 ATTEST: CITY OF SAN BERNARDINO
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5 -City Clerk BY
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Mayor,)�, ,
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8 Alf r, G. Cooper
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10 [ 1
Patricia F. Coope
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Approved as to form:
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14 City At orney
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PRELIMINARY ESTIMATE FOR INSTALLATION
OF
STREET IMPROVEMENTS AT 6776 MAGNOLIA AVENUE
1. Roadway Excavation @ L.S. $ 350.00
2. 17.50 Cu. Yds. P.C.C. Curb, Gutter & Driveways @ $120./C.Y. 2,100.00
3. 53 Tons Asphalt Concrete @ $30.00/Ton 1,590.00
Sub-Total $4,040.00
Contingencies 404.00
Inspection 406.00
Total $4,850.00
EXHIBIT "A"