HomeMy WebLinkAbout34-Public Works
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. CIT;POF SAN BERNARDINtP- REQ,.ST NFOR COUNd ~TION
From:
ROGER G. HARDGRAVE REC'tl.-AlH4nt O~ject:
Public Works/Enginee\~~9gj\J1. 28 ~~ (3' 32
7-27-89
Authorization to Execute Developer's
Agreement with Henderson Develop-
ment -- Northwest Corner of Ninth
Street and Valencia Avenue
Dept:
Date:
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt resolution.
cc: Marshall Julian
~ Jim Richardson
~ Jim Penman
Contact person:
Roqer G. Hardqrave
Staff Report, Map
& Re!;lolution
Phone:
5025
Supporting data attached:
Ward:
2
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No.
.3f
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'CITVC6F SAN _RNARDIN&:l REQ.EST FOR COUNCIL QTION
STAFF REPORT
The property between Ninth Street and Olive Street, west
of Valencia Avenue, is divided into two parcels. These parcels
were created by an original lot line that extends in a north-
south direction from Ninth Street to Olive Street, as shown on
the attached map. The northerly portion of this property has
been developed.
An application has been submitted by the Henderson
Development Company to adjust the lot line to an east-west align-
ment. This developer is in the process of purchasing Parcel No.
2, that will be created by this lot split. An application has
also been submitted for Conditional Use Permit No. 89-19 to
construct a multi-family development on Parcel No.7.
The Subdivision Map Act indicates that full street
improvements should be installed, in order for a lot line
adjustment to be approved. Paving, and curbs and gutters are
installed adjacent to Parcl No. 1. Full improvements will be
installed adjacent to Parcel No. 2 as a condition of approval for
CUP 89-19. Sidewalk and street lights are needed to complete the
street improvements adjacent to Parcel No.1.
The Developer's Agreement provides that the developer
will file surety, to insure completion of street improvements
adjacent to Parcel No. 1. This surety will be filed prior to
issuance of building permits for Parcel No.2.
The Agreement also provides that the City will finalize
Lot Line Adjustment No. 88-30, subject to the assurance that
street improvements will be installed. Approval of the lot line
adjustment is a condi tion of the developer securing a
construction loan.
We recommend that the Developer's Agreement be approved.
7-27-89
75.0264
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7/27/8928
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A DEVELOPMENT AGREEMENT WITH THE HENDERSON
DEVELOPMENT COMPANY, INC., RELATING TO INSTALLATION OF STREET
IMPROVEMENTS ADJACENT TO THE PROPERTY BETWEEN NINTH STREET AND
OLIVE STREET, AND WEST OF VALENCIA AVENUE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed
to execute on behalf of said City a Development Agreement with
the Henderson Development Company, Inc. relating to installation
of certain infrastructure items required by Conditional Use
Permit No. 88-19, a copy of which agreement is attached hereto
marked Exhibit "A," and incorporated herein by reference as fully
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as though set forth at length.
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SECTION 2.
The agreement shall not take effect until
fully signed and executed by all parties. The City shall not be
obligated hereunder unless and until the agreement is fully
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referenced agreement is rescinded if the parties to the agreement
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION
3.
The
authorization
to
execute
the
above-
fail to execute it within sixty (60) days of the passage of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
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'0 RESO:
AUTHORIZING EX~ION ~ A DEVELOPMENT AGREEMEN~ITH
HENDERSON DEVEL~ENT C~PANY, INC. RELATING TO INSTALLA-
TION OF STREET IMPROVEMENTS ADJACENT TO PROPERTY BETWEEN
NINTH STREET AND OLIVE.
1 ____day of , 1989, by the following vote, to-wit:
2 AYES: Council Members
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NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1989.
W. R. Holcomb, Mayor
City of San Bernardino
15 James F. Penman
City Attorney
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7/27/89 28
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9 WITNESSETH
10 WHEREAS, DEVELOPER is planning to develop the northwest
11 corner of Ninth Street and Valencia Avenue with multi-family
12 units; and
13 WHEREAS, this property is
14 parcels by a lot line extending
15 Street; and
16 WHEREAS, the northerly portion of this parcel has been
17 developed, and the adjoining streets improved with paving, and
18 curbs and gutters; and
19 WHEREAS, DEVELOPER has submitted an application, Lot Line
20 Adjustment No. 88-30, to adjust the lot line to an east-west
21 alignment, in order to create Parcel No. 1 for the developed
22 portion; and
23 WHEREAS, DEVELOPER has
24 Conditional Use Permit No. 89-19,
25 development on Parcel No.2; and
26 WHEREAS, Lot Line Adjustment No. 88-30 will have to be
27 finalized in order for DEVELOPER to secure financing for the
28 proposed development; and
DEVELOPMENT AGREEMENT
NORTHEAST CORNER OF NINTH STREET AND VALENCIA AVENUE
THIS AGREEMENT, entered into this ___day of
1989, by and between the CITY OF SAN BERNARDINO, a municipal
corporation of the State of California, hereinafter referred to
as "CITY," and the HENDERSON DEVELOPMENT COMPANY, hereinafter
referred to as "DEVELOPER."
presently divided
from Ninth Street
into two
to Olive
submitted an application,
to construct a multi-family
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WHEREAS, the Subdivision Map Act
street improvements should be installed
approving a Lot Line Adjustment; and
WHEREAS, full street improvements adjacent to Parcel No.
2, and completion of street improvements adjacent to Parcel No.
1, will be required as a Conditional Use Permit No. 89-19; and
WHEREAS, DEVELOPER and CITY do mutually desire to
stipulate how these street improvements will be accomplished, in
order to allow Lot Line Adjustment No. 88-30 to be finalized
prior to their installation.
indicates that
as a condition
full
for
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
DEVELOPER shall file bonds, or other acceptable surety, to
insure completion of street improvements adjacent to Parcel
No.1, as established by Lot Line Adjustment No. 88-30.
Bonds or other surety shall be filed prior to issuance of
building permits for proposed multi-family development on
Parcel No.2.
DEVELOPER, shall install full street improvements, adjacent
to Parcel No.2, as a condition of approval for Conditional
Use Permit No. 89-19.
CITY shall execute the Certificate of Compliance, and record
Lot Line Adjustment No. 88-30 in the official records of the
County of San Bernardino, concurrently with the close of
DEVELOPER'S escrow for Parcel No.2
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1 THIS AGREEMENT shall inure to the benefit of and be
2 binding upon the successors and assigns of both parties.
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ATTEST:
City Clerk
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By L7~
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CITY OF SAN BERNARDINO
By
W. R. Holcomb, Mayor
City of San Bernardino
HENDERSON DEVELOPMENT
COMPANY, INC.
By
Richard A. Henderson,
President