HomeMy WebLinkAbout1980-140 f
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1 RESOLUTION NO.
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RESOLUTION
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
', EXECUTION OF AN AGREEMENT WITH FOURTH STREET ROCK CRUSHER RELATING
3 ITO A DEPOSIT OF FUNDS FOR PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 J,, OF SAN BERNARDINO AS FOLLOWS :
6 �! SECTION 1. The Mayor of the City of San Bernardino is
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7 jhereby authorized and directed to execute on behalf of said City
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g an agreement with Fourth Street Rock Crusher relating to a deposit '
9 jof funds for preparation of a focused Environmental Impact Report, l
10 ; a copy of which is attached hereto , marked Exhibit "I" and
11 iincorporated herein by reference as fully as though set forth
12 ! at length.
13 �' I HEREBY CERTIFY that the foregoing resolution was duly
14 ; adopted by the Mayor and Common Council of the City of San
Bernardino at a �, � meeting thereof , held
,` on the day of ., 1980 , by the following
vote, to wit:
AYES: Councilmen / J7r'- o, {� , , � r,�
NAYS :
2n��
ABSENT:
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City Clerk
I The foregoing resolution is hereby approve s 1,;e` day 'i
of �r ;� _. , 1980 .
F4a-Torl-or tTar City of S Bernardino
ro as to form:
I'�,A pP
21" I'City A orney
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A G R E E M E N T
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2 (Deposit for Environmental Impact Report)
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3 THIS AGREEMENT is entered into between the CITY OF SAN
4 jBERNARDINO, a municipal corporation, referred to as "City" , and
5 FOURTH STREET ROCK CRUSHER, a California corporation, referred to
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6 as "Owner" . l
City and Owner agree as follows :
1. Recitals.
9 (a) Owner owns certain real property depicted on the
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Pattached Exhibit "A" , located in the City of San Bernardino.
11 (b) Owner desires to develop its property, and City
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12 ' is considering application for a conditional development permit
13 ! for excavation of sand and gravel .
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14 (c) City has determined that an environmental impact
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, report is necessary for all of the real property illustrated in
;6 ! Exhibit "A" prior to holding public hearings on the conditional
development permit.
t (d) Owner desires to deposit with City certain funds
to be used by City for the purpose outlined herein to enable
City to have a proper and accurate environmental impact report
�I prepared by an outside consultant selected by City as concurred
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22 !,with by the Owner.
2:- 2 . Deposit. Owner shall, concurrently with the execution !
24 ,of this agreement, deposit with City the sum of eighteen thousand
°Y dollars ($18 ,000. 00) in lawful money of the United States of America.
"am 3 . Payment to Consultant. City shall use the funds
deposited by Owner to pay a consultant for its services with
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 1980 , between City and Phillips,
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3 ' Brandt, Reddick (PBR) , the consultant, whereby Phillips , Brandt,
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4. ' Reddick (PBR) agrees to perform the required consulting services.
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5 Owner agrees to be bound by that agreement and authorizes City to !
6 , expend from the deposit all amounts necessary to compensate the
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7 (; consultant for its services pursuant to the agreement.
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
11 ', for the proposed conditional development permit.
12 5. Refund. If all of the deposit is not required for
13 j1payment to consultant for the environmental impact report, then
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14 ! City shall , after the report is received and when consultant is
15 ,' fully compensated, refund any excess funds to Owner.
1fi 6. Hold Harmless . Owner 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, its officers, agents and employees arising in a
' manner as a result of City' s agreement with consultant.
x 7. Notice. All notices given pursuant to this agreement
22 ishall be in writing and delivered in person or sent by certified
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23 ;mail , postage prepaid, addressed as follows :
24 I'r City of San Bernardino Fourth Street Rock Crusher
Planning Director Mr. Norm Johnson
25 300 North "D" Street P .O. Box 469
San Bernardino , CA 92418 San Bernardino , CA 92402
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1 The parties have executed this agreement on 7-
2
1980.
CITY OF SAN BERNARD I
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ATTEST:
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5 Mayor
C ty Clerk
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FOURTH STREET ROCK CRUSHER,
7 a California Corporatio�'' j
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8 By
Norm J son
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10 Title
" Approved as to form:
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13 City A orney
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EXHIBIT "A" r=,
�i FOCUSED EIVVIP,Oi'a�r1ENTAL IMPACT REPORT
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PROPOSED SAND & GRAVEL EXCAVATION �-
1 FACILITY
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