HomeMy WebLinkAbout1980-050 f�
I RESOLUTION NO. ,ate
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH INLAND COMMUNITY PARK RELATING TO A'
3 ( DEPOSIT OF FUNDS FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT
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4 BE IT RESOLVED BY TH1` MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS :
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s SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute on behalf of said City
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8 an Agreement with Inland Community Park relating to a deposit of I
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g ifunds for preparation of an Environmental Impact Report, a
10 copy of which is attached hereto, marked Exhibit "I" and incor- j
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11 porated herein by reference as fully as though set forth at length
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the .Mayor and Common Council of the City of San
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14 Bernardino at a meeting thereof, held
15 on the day of �_li`_ ;F , 1980 , by the following
16 vote, to wit: t �
17 AYES: Councilmen
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19 NAYS :
20 ABSENT: �
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22 City i
23 The foregoing resolution is hereby approved th' day
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24 of 1980 . r
25 j
o e ity of San ernard1no
25 Approved as to form:
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1 i A G R E E M E N T
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2 i (Deposit for Environmental Impact Report)
3 THIS AGREEMENT is entered into between the CITY OF SAN
4 IBERNARDINO, a municipal corporation, referred to as "City" , and
5 ( INLAND COMMUNITY PARK, a general partnership, referred to as
6 "Owner" .
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7 City and Owner agree as follows :
8 1. Recitals.
9 (a) Owner owns certain real property depicted on the j
10 iattached Exhibit "A" , located in the City of San Bernardino. I
11 i (b) Owner desires to develop its property, and City
12 is considering applications for a zone change, general plan
13 amendment, and tract maps.
14 (c) City has determined that an environmental impact
15 report is necessary for all of the real property illustrated in
16 Exhibit "A" prior to holding public hearings on a zone change,
17 ( general plan amendment and tentative tract maps .
18 (d) Owner desires to deposit with City certain funds
19 to be used by City for the purposes outlined herein to enable
20 City to have a proper and accurate environmental impact report
21 prepared by an outside consultant selected by City.
22 2 . Deposit. Owner shall, concurrently with the execution
23 of this agreement, deposit with City the sum of seventeen thousand
24 five hundred eight dollars ($17 ,508) in lawful money of the
25 United States of America.
26 3 . Payment to Consultant. City shall use the funds
27 deposited by Owner to pay a consultant for its services with
28 respect to Owner' s property as provided in an agreement between
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I the consultant and City. Owner is familiar with the agreement
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2 dated 11;.e�rUclhy
1980 , between City and Westec
3 IServices, Inc. , the consultant, whereby Westec Services, Inc. i
4 ( agrees to perform the required consulting services. Owner
5 agrees to be bound by that agreement and authorizes City to
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6 iexpend from the deposit all amounts necessary to compensate the
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7 1consultant for its services pursuant to the agreement.
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8 4. Additional Payment. Owner agrees to be responsible
9 for, and to pay to City upon demand, any and all additional
10 !! sums required to obtain an adequate environmental impact report
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11 ( for the proposed zone change , general plan amendment and tentative ]
,2 i tract maps.
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13 1 5. Refund. If all of the deposit is not required for
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14 ( payment to consultant for the environmental impact report, then
15 City shall, after the report is received and when consultant is j
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16 fully compensated, refund any excess funds to Owner.
i7 6 . Hold Harmless. Owner agrees to, and shall , hold City,
i8 its elective and appointive boards , commissions, officers, agents
19 and employees harmless from any and all liabilities and claims
20 of consultant, its officers , agents and employees arising in a j
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21 manner as a result of City' s agreement with consultant.
22 7. Notice. All notices given pursuant to this agreement
23 shall be in writing and delivered in person or sent by first
24 class mail, postage prepaid, addressed as follows :
25 City of San Bernardino Inland Community Park
Planning Director c/o Everett Investment Co.
26 300 North "D" Street 1582 Parkway Loop, Suite G
San Bernardino, CA 92418 Tustin, CA 92680
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EXHIBIT "A"
FULL ENVIRONMENTAL IMPACT REPORT
COOLEY RAi4CH EAST (VILLAGE DEVELOPMIENT)