HomeMy WebLinkAboutCC Resolution 8485 (Smith Ranch)RESOLUTION NO. 8485
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 (h
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 (h) 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
JE M. LEON NI, City Clerk
6R1�1NAL ',,:
AGREEMENT FOR SATISFACTION OF DESIGN REVIEW CONDITION
THIS AGREEMENT, made and entered into this S -T" day of Au6usr, 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 25,529 sq. ft. office
building and dedication of a fire station site, subject to certain conditions concerning landscaping
and irrigation; and
WHEREAS, these conditions allow Developer to proceed with the project and
satisfy said conditions by bonding for the estimated cost of the improvements.
NOW, THEREFORE, City and Developer agree as follows:
1. Developer shall satisfy the conditions as described below:
ED89-59 Condition (h) "Detailed landscaping and irrigation plans shall be subject to the
approval of the Design Review Board prior to issuance of building permit. Landscaping shall
meet the requirements of the Marin Municipal Water District Conservation Ordinance. The
landscape plans shall include details of all retaining walls, walkways, patio surfaces, and planting
and irrigation for the area between the fire station driveway and the pond noted on Exhibit A
`Pond Buffer Area Landscape Concept' as submitted by the applicant. The property owner shall
be required to bond for the pond buffer area landscape and install landscaping upon request of
the City."
2. ED89-59 Condition (h) is hereby satisfied by a surety bond in the amount of $7,030, 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.
Agrecment for Satisfaction of Dcsign Review Condition
Dated:
III PARTNERS
By: v A _
Dated: 8/5/91 CITY OF SAN RAFAEL
Lawrence E. Mulryan, Mayor
APPROVED AS TO CONTENT:
Dated: 7 1,;2571,71
1
David Bernardi
Public Works Director
City of San Rafael
B91C-6
Agreement for Satisfaction of Design Review Condition
Attest:&"9
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�9
Je 4M. Leonc ni, City Clerk
2
STATE OF CALIFORNIA } SS.
�
OOUNTY OF MQA
On this -day or in the year
CL
2 ,q � � before me, the undersigned, a Notary Public in
N
and for said County and Stale, personally appeared
I I I I Hi rt 0 P r,,
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name
0
> �5 tt ,,,,subscribed to the within instrument and
J= acknowledged that .r executed the
same.
a Signature
X.U
A �PInlO �(-z1�Ar
in Name (Typed or Printed
Notary Public in and for said County and State
F2492 R 6/84
OFFICIALS0
1 N GENIE ELIC! EM F
ash PIOTAHYPl16LIGCALIF�I��lLA s
G ' � ^fiptiQ2l 02'Yt3iai�.�AIN C�tti"j
iAy Commtrsion rxaire: F.�.13.iQg2.�.
FOR NOTARY SEAL OR STAMP
STATE OF CALIFORNIA )
ss.
COUNTY OF MARIN )
On this 8T 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 (o-r--pi-ove-d-to -me -on- the- basis--oF-- ti-sfactory
-e-v4c--&.) 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.
a OFFICIAL SEAL `_l
JEANPrE KLEOr�CiMl '
{,_" NOTARYPU8UC-CAUFORNIA
JEANN �M.EONC/1�I, NRR ARY PUBLIC in and for . MARlNCOUNTY ;
said County and State. `tom My Comm. Fxpims Nov. 29, 1991 y
y/1^YY �V Yv irY WH�.__V Y_V
1400 - 5d, Ave., P.O. Box 60, San Real, CA 94915.0060 .
PREMIUM:$176.00
Bond No..30387385
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
Subdivision Performance Bond
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, .......... ITY_ OF SAN RAFAEL
-•-- - -- ------ --- 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 9 19 91
ED 89-59 CONDITIONh—LANDSCAPING,SMITH RANCH PARCELTHREE
and identified as project ---- ------- ---------------------------------------- -�
_
----------------------
-----------------•---•------..................--•--•-•---...-•--••--------------•-••----------..--.....---------------------• •-•-•-----------------....--•----------------------------------------
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
CITY OF SAN RAFAELOBLIGEE
held and firmly bound unto--------------------------------------------•------------. hereinafter called ------- ----------------•---------•-•---------------------
in the penal sum of -- SEVEN_ THOUSAND THIRTY AND NO/100 ----------------------------------
---------------------------------------------------------------------------------------
------------------------------------------------------------03000
..........................................•-------------------••-•-----------------------..------------------------------------------------- -------- Dollars (8-- -'- --------- 0...)
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 harmlessOBLIG EE 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 b OBLIGEE
P g Y Y ------------ - -------------------
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
119JULY
............................... 19.---.91
..........
C. 2265p:A1-IAI, 1-82 2146)9
III V_�RoN flS,__A__CALIFORNIA__CORPORATION
BY - \lal __r..V.............................
FIDELITY AN SIT ANY OF MARYLAND
BY -- 'KT i � / T -FACT
A.GASS N,JR.,AT Y -IN
STATE OF CALIFORNIA l
}
CITY AND COUNTY OF SAN FRANCISCO JJJ ss:
Onthis. 1..TH-------------------------............................. day of------------------------------------ JULY - --------------19---91-, before me
DEBRA ANN RALLEY
a Notary Public, in and for the City and County and State
aforesaid, duly commissioned and sworn, personally appeared A GRANT KASSON , 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.
LEY !
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. PEC'OT, 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 to do 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 authorise any person 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, California,,
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 ............................... .
And 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 ..........25th day
of.....------. July.....--•-• ...................•.--.. A.D. 19.79.• --
,?rip DEPps j�., FIDELITY AND DEPOSIT COMPANY OF MARYLAND
.: no ATTEST:
o SEAL =r C Co .u.�•
a
B
Assistant Secretary Vice -President
STATE OF MARYLAND l SS.
CITY OF BALTIMORE J
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
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and 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 ay and year first above writ en.
•- ..... :....
Notary Public �ommissio x es__July___ 1 ...... 1.982.
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 FIDELTY 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 July, 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 TIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the said Company, this ...................... day
91
of.................................................. , 19..........
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1478e—Cif. 016 Assistant eta
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