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.
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a Signature
U A
N Name (Typed or Printed)
Notary Public in and for said County and State
F2492 R 6/84
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�, �`•' ,' }� OFFICIALSEAL
3!NlEFt.IHF-PTY j
hOT,?R'f PLcutrCAL1FGPNla
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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