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HomeMy WebLinkAboutCC Resolution 8484 (Smith Ranch)RESOLUTION NO. 8484 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 III PARTNERS FOR COMPLIANCE WITH ED89-59 CONDITION (Y) 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 III Partners for compliance with ED89-59 Condition (y) 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, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEWr4kE M. LEONCINI, City Clerk QRiGINAt 0� DEFERRED IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this .Sday of 1991, by and between City of San Rafael a municipal corporation in the County of Marin, State of California, hereinafter called "City, " and III Partners, a California corporation, 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, Developer wishes to proceed with the project without prior completion of certain such conditions. NOW, THEREFORE, City and Developer agree as follows: 1. Developer shall satisfy the conditions as described below: a. ED89-59 Condition (v). "The owners will participate with the City of San Rafael and all property owners within the pond watershed to fund preparation and implementation of a plan to maintain the City Pond. That participation shall be spread among all the property owners on the basis of each owner's property as a percent of the total watershed." 2. Satisfaction of this condition is deferred until the City determines in detail the action to be taken to fulfill the condition. 3. 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. Deferred Improvement Agreement 1 Dated: Dated: 8/5/91 APPROVED AS TO CONTENT: Dated: -71- Y�9� David Bernardi Public Works Director City of San Rafael B91C-7 III PARTNERS By: CITY OF SAN RAFAEL JLawrence E. Mulryan, Mayor Attest: Je_-M. Leoncin.i, City clerk STATE OF CALIFORN COUNTY OF SS. On this �--d y of.L Ain the year before me, the uridersigned a Notary Public in y and for said County and State, personally appeared Q!! \ t C. 11 c( C C '. , l � ('-k­r_ J personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name 0 > subscribed to the within instrument and m = acknowledged that I`� executed the J � same. � 1 , a Signature U A N Name (Typed or Printed) Notary Public in and for said County and State F2492 R 6/84 hT �, �`•' ,' }� OFFICIALSEAL 3!NlEFt.IHF-PTY j hOT,?R'f PLcutrCAL1FGPNla j Prirrapal ONi;A in W-;1IN court, thy commission Expires Feb. 13,19921L FOR NOTARY SEAL OR STAMP STATE OF CALIFORNIA ) COUNTY OF MA?IN ) ss. 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 meto-e--o-t-F-baSrs-ef-3a�3#�-0r-y- -ey4deft-&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. L`s��.L i, IEA INE W7. LEO'11' 1 JEANNE M E0 CINI NOTAR�UBLIC in and for ti''~`' = P�OTARYFu911C-CALIFOANI:+ T� r said C o u n t and d State . �% , MAAIN COUNTY County 17 Comm. Expires Nov. 29, 1991 f( 140 - t P. -r—, P.O. Box fi0, San Rafael, CA 94915-0060