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CIT~ OF SAN BERNARDI~ - REQU~ FOR COUNCIL AC.....bN
From: RALPH H. PRINCE
Subject: Agreement with Gerald M. Lair and
Mary E. Lair relating to impound
yard located at 530 W. 10th Street
Dept: City Attorney
D~e: September 12, 1985
Synopsis of Previous Council action:
10-15-84 Appeal of Gerald and Mary Lair from Planning Commission denial of
Variance No. 84-16 continued to Nov. 19, 1984.
11-19-84 Appeal continued to Dec. 17, 1984; April 1, 1985; May 20, 1985;
May 23, 1985 and June 3, 1985.
5-28-85 Mayor Holcomb requested that appeal be considered at this time. Motion
to grant variance adopted.
Action taken on 5-28-85 determined to be invalid. Appeal continued
to June 17, 1985.
6-17-85 Council adopted Resolution No. 85-203 authorizing the Mayor to execute
an agreement with tile Lairs which permits continuance of the non-
conforming use for ten years.
Continued to August 19, 1985.
Referred to Legislative Review Committee and continued to Sept. 23, 1985.
6-3-85
7-15-85
8-19-85
Recommen':led motion:
Adopt resolution.
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Signature
JOHN F. WILSON
Contact person:__
n/a
Phone: 5162
Ward: 2
Source: n/a
Finance: n/a
Supporting data attached: __~~_.
FUNDING REQUIREMENTS:
Amount:
Council Notes:
Agenda Item ,o?~
75-0262
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH GERALD M. LAIR AND MARY E. LAIR
3 RELATING TO THE USE OF PROPERTY LOCATED AT 530 WEST 10TH STREET
AS AN IMPOU~ID YARD, AND REPEALING RESOLUTION NO. 85-203.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor is hereby authorized and directed to
7 execute on behalf of said City an Agreement with Gerald M. Lair
8 and Mary E. Lair, relating to the use of property located at 530
9 West 10th Street as an impound yard, which agreement is attached
10 hereto, marked Exhibit "An, and incorporated herein by reference
11 as fully as though set forth at length.
12 SECTION 2. Resolution No. 85-203 is hereby repealed.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a
meeting thereof, held on
16 the
day of
, 1985, by the
17 following vote, to wit:
18 AYES:
19
20 NAYS:
21 ABSENT:
22
23
24
25 of
City Clerk
The foregoing resolution is hereby approved this ___ day
, 1985.
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Mayor of the City of San Bernardino
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1 Approved as to form:
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City torney
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AGREEMENT
THIS AGREEMENT is entered into this
day of
, 1985, by and between the CITY OF SAN
5 BERNARDINO, a municipal corporation, hereinafter referred to as
6 .City., and GERALD M. LAIR and MARY E. LAIR, hereinafter referred
7 to as .Owners..
8 The parties agree as follows:
9 I. Recitals.
10 A. Owners are operators of City Towing and Storage and
11 owners of property located at 530 West 10th Street, San
12 Bernardino, California, hereinaft'r referred to as .Property..
13 B. This agreement is entered into under the authority of
14 RiQgs v. City of Oxnard (154 Cal.App.3d 526,201 Cal.Rptr. 291).
15 City makes the following finding consistent therewith: employees
16 of the City erroneously represented to Ow~ers that the use of the
.
17 subject Property as an impound yard would be approved by the City
18 upon construction of a wall on the property. Owners proceeded
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19 with such construction and establishment of such use on said
20 Property, based on said represeftations. In these circumstances,
21 the City is required to exercise its discretion in resolving the
22 matter which is the subject of this agreement.
23 C. The use for the Property in the manner provided herein
24 is a non-conforming use in the zone where the Property is
25 located.
26 D. City has determined that equity will be served by
27 allowing Owners a period of fifteen CIS) years in which to
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] amortize their investment in the use of the Property as an
2 impound yard.
3 E. The parties desire to enter into this agreement setting
4 forth the terms and conditions for Owners' continued use of the
5 Property as a towing service and impound yard.
6 II . Consideration.
7 This agreement is entered into in consideration of City
8 forebearing from prosecution of legal action to require the
9 immediate cessation of operation of an impound yard at the
]0 Property and for the immediate removal of a six-foot block wall
11 constructed along the east and south perimeter of the Property on
12 or about February 10, 1984. Consideration flowing from Owners to
13 City is Owners' full and complete compliance with all the terms
]4 and conditions of this agreement during all times that this
15 agreement is in force.
16 III. Conditions.
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17 A. No permanent, temporary, or momentary parking of either
18 inoperative or operative vehicles, including towing vehicles,
19 shall be permitted across or upon the public sidewalk adjacent to
20 ,the Property.
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22 constructing a solid block wall not less than six feet in height
B.
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Owners shall complete the enclosure of the Property by
23 along the perimeter of the Property where such wall does not
24 presently exist.
25 C. Owners shall obtain the necessary City permits for said
261 construction and shall pay all permit fees including the
271 applicable investigation fees provided under Section 304(d} of
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II
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111 the Uniform Building Code and Chapter 15.04 of the San Bernardino
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Municipal Code.
3 D. Owners shall plant trees on the subject Property along
4 "E" Street. Said trees shall be planted in a manner consistent
5 with standard City practices for distance, separation, and type
6 of tree required. Owners shall contact both the Street Section
7 of the Public Services Department and Parks, Recreation and
8 Community Services Department for specifications.
9 E. Any vehicle repairs shall be performed within an
10 enclosed building.
11 IV. Preservation of Ri9hts.
12 A. Commencing one day following the date of expiration of
13 the fifteen (15) year period commencing on the effective date of
14 this agreement, the continued use of the Property as an impound
15 yard shall be deemed to be a violation of the zoning laws of
16 City. On the recommendation
of the Planning Commission, the
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grant an extension of this agreement
17 Mayor and Common Council may
18 if Owners make application to the Planning Department for such
19 extension at least 60 days prior to the s~heduled date of
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expiration of this agreemen~.
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B. By entering into this agreement, the City is not waiving
22 any right it may have relating to termination of the non-
23 conforming use, or enforcement of any law.
24 IN WITNESS WHEREOF, the parties hereto have executed this
25 agreement the day and year first above written.
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1 CITY OF SAN BERNARDINO
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~i By
~'ayor
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Attest:
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7 City Clerk
8 Approved as to form:
,
Gerald M. Lair
Mary E. Lair
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City A(torney
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NOTARY ACKNOWLEDGMENT:
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