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Home My WebLink AboutCC Resolution 8483 (Smith Ranch)RESOLUTION NO. 8483 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF DEFERRED IMPROVEMENT AGREEMENT - SMITH RANCH LOT 3 PARCEL MAP WITH ROGER SMITH AND MICHAEL SMITH FOR COMPLIANCE WITH TS91-1 CONDITION 1, ED89-59 CONDITION 05 AND ED89-59 CONDITION (n) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a deferred improvement agreement with Roger Smith and Michael Smith for Compliance with TS91-1 Condition 1., ED89-59 Condition (d)5 and ED89-59 Condition (n) in Smith Ranch, Lot 3 Parcel Map, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE. M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday the 5th day of August, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Brei ner, Shippey, Thayer & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE E M. LEONCIPITI, City Clerk ORIGINAL �, DEFERRED UNAPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this S"4 day of AUGUST, 1991, by and between City of San Rafael, a municipal corporation in the County of Marin, State of California, hereinafter called "City," and Roger Smith and Michael Smith, hereinafter called "Developer. " WHEREAS, Developer desires to develop that certain real property, located in the City, described in Developer's project applications as Smith Ranch Parcel Three; and WHEREAS, City by its approval of ED89-59 on May 7, 1990 has approved Developer's project consisting of a 5,000 sq. ft. retail building and a 25,579 sq. ft. office building and dedication of a fire station site, subject to certain conditions requiring installation of certain improvements which have not been completed; and WHEREAS, City by its approval of TS91-1 on April 23, 1991 has approved subdivision of said property, subject to certain conditions requiring installation of certain improvements which have not been completed; and WHEREAS, Developer wishes to proceed with the project without prior completion of such conditions. NOW, THEREFORE, City and Developer agree as follows: 1. Developer shall satisfy the conditions as described below: a. TS91-1 Condition 1. "Bonding for the future access road and retaining wall improvements on the proposed fire station site shall be in place prior to recordation of the Final Parcel Map. " b. ED89-59 Condition (d) 5. "Improvement plans for the construction of Deer Valley Road shall be approved for that portion of the proposed road adjacent to this parcel prior to the issuance of a building permit, or as requested by the City Engineer. " c. ED89-59 Condition (n). "The applicant shall bond for all Deer Valley Road improvements required by Public Works Department condition (d) (5). If access to the fire station site is required prior to construction of Deer Valley Road, the applicant shall provide a 20 -foot wide asphalt access road to the satisfaction of the City Engineer upon request of the City. The alignment of the driveway shall be designed at all points to maximize the distance between the pond and driveway and minimize the amount of fill." Deferred Improvement Agreement 2. The conditions of ED89-59 and TS91-1 stated herein are hereby satisfied by a surety bond in the amount of $36,800 attached hereto. 3. The City shall not be required to release any security relating to satisfactory completion of the conditions described above until the improvements have passed final inspection by the City. 4. It is the intention of the parties hereto that this agreement bind themselves and their successors and for the obligations to run with the land. Dated: Dated: 7/:A f ,f Roger Smith Michael Smith Dated: 8/5/91 CITY OF SAN RAFAEL =Lawrence E. Mulryan, Mayor APPROVED AS TO CONTENT: Dated: j-, DavitSernardi Public Works Director City of San Rafael B91C-5 Deferred Improvement Agreement . Attest: Jeal 14e M. Leo i, City Clerk 2 1 STATE OF CALIFORNIA COUNTY OF SS. c On this �d'ay of L-111 X.0 i_4 in the year in \qC( before me, the ugdersigrid, a Notary Public in and for said County and State, personally appeared J personally known to me (or proved to me on the basis of satisfactory � evidence) to be the persons whose name S 0 > subscribed to the within instrument and W = acknowledged that 0L__C _ executed the J- same. � t a Signature 19(� 1,2 o c\, U � rn Name (Typed or Printed) Notary Public in and for said County and State F2492 R 6/84 S1ATE OF CALIFORNIA SS. COUNTY OF MARIN OFFICIALSEAL GENIE FLAHEBTY "" •.. NOTARY PUBUo-CALlr: RIMA �? Pn,-IGIpa! OIf z ir, MARN ;:r;:;rly n FOR NOTARY SEAL OR STAMP On this 8TH day of AUGUST , 1991, before me, JEANNE M. LEONCINI, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared LAWRENCE E. MULRYAN personally known to me (or-provetC-;O-ine--=-ttrt-bat is-Of-S-et+s+a-ctcrry -evi,rrrce-) to be the Mayor of the City of San Rafael that executed the within document and acknowledged to me that said City of San Rafael did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. y.. �. OFFI IA SE JEANNE M. LEONCIP11 _ y .:,�L 1 NOTARY PUBLIC -CALIFORNIA JEANNE `L�EONCINI, NOT RY PUBL C in and for -I nnARhvcouNTY ::;� said County and State. = MY �'onm. Expires Nov. 29, 1991 ? JO - 5ta P'Je-, P-0. flux 60, San Rafael, CA 94915-0060 PREMIUM:$920.UU Bond No...n3UaB4 Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 2:203 Subdivision Performance Bond KNOW ALL MEN BY THESE PRESENTS, That CITY OF SAN RAFAEL WHEREAS, ....................... and III_ PARTNERS,_--A-_CALIFORNIA CORPORATION (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ...................JULY 8 , 19 91 and identified as project ..ED 89-59 CONDITION (n) DEER VALLEY ROAD-IMPR0VEMENTS................................. . -• • -•-- . -- ••-•-- ------ -•-- . • -- ------ -- -- ---- - - SMITH RANCH PARCEL THREE ----------------------------------------•-----•---------------------------------------------------------•-•------------------------------------------ ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- is hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as surety, are held and firmly bound unto --CITY OF SAN RAFAEL hereinafter called .... OBLIGEE-------------------------------------- in the penal sum of THIRTY SIX THOUSAND EIGHT HUNDRED AND NO/100– – ---•-•-----••---------•-••••-- ..... -----•--------------•-•-------•-----------------------•--- •-------- -- --------------------------------------------------------------- -----------------------------------------------•----•--------•------------------•-•--•-•----------------------•-•-••-•---••-•---•---•--•--•------------- Dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless ----- BUGE-E, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by .... QSLTGEE ------•.......... in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on JULY10................................. , 19_--91 _ I PARTNERS,A CALI1FfJRNIA CORPORATION B - — Y: ----- ----- --- •-- - -• --•-- ---- - FIDELITY AND D OS Nk OF MARY ND A.GR NT KASSON,JR.,A OR N Y- N FACT C22651Ga1-1.11.1.82 214609 STATE OF CALIFORNIA ss: ' CITY AND COUNTY OF SAN FRANCISCO 10TH _JULY --------------- ---- --- 19.91.., before me Onthis._...---------•---•----------•-----........._------•--•...................day of ..-•------••--------------_. _- -- DEBRA ANN RALLEY --------------- a Notary Public, in and for the City and County and State - KA aforesaid, duly commissioned and sworn, personally appeared.............A.._-.GRAN-._--------•---_--SSON,JR. ---__------------ _------- known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney -in -Fact of the Fidelity and Deposit Company of Maryland, and acknowledged to me that he subscribed the name of Fidelity and Deposit Company of Maryland thereto as Surety and his own name as Attorney -in -Fact. -----------•--------------------------- i �;r ;:•:, :. : ;; Notary Public in and for the State of California, City and County of San Francisco BR (16) 13 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice -President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which reads as follows: "The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so todo by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize anyperson or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint A. Grant Kasson, Jr. of San Francisco, Californig, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings ................................ land the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this .......... 2.5.th...............day of ............. July- •---•-•---...-----•......--..... . A.D. 19.79.•-- ;;aooE'�s,,;. FIDELITY AND DEPOSIT COMPANY OF MARYLAND ATTEST: ao SEAL i� /� co %� l� �Mr �•+ l v •.. .:' By A� Sufe Vice-Preadent STATE OF MARYLAND � SS: CITY OF BALTIMORE On this 25th day of July , A.D. 19 79 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSITCOMPANY OF MARYLAND, to me personally known to be the individualsand officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed by Official Seal, at the City of Baltimore, the day and year first above writ en. •�NOT�II►if � ! Notary Public (:ommissto es..July,... 1 ...... j -2R. CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and 1 do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of Iuly, 1969. RESOLVED: 'That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any Bower of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. ' 10TH IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ...................... day of.......................ULY_... ....... 19......••.91 .............. ................ ................ .......... LI.—a aYar. 016 Assiaaat s etarr