Loading...
HomeMy WebLinkAboutCC Resolution 8496 (Smith Ranch Rd)RESOLUTION NO. 8 4 9 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 8484, AUTHORIZING THE SIGNING OF AN AMENDED DEFERRED IMPROVEMENT AGREEMENT - SMITH RANCH PARCEL 3 WITH ROGER SMITH AND MICHAEL SMITH 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 Roger Smith and Michael Smith for compliance with ED89-59 Condition (y) in Smith Ranch, Parcel 3, 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 19th day of August, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan JEE4NZM. LEONCI , City Clerk ORIGINAL *949C Y J J C) ka �LO Z 1 H Ln M D -:t -CJrn J .¢ � U Z J � W Z Q .LJ Lt_ �a -Ln zo .d Lo E: LO � r LO � r x zo Ym .0 C) Y DEFERRED IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this r,t day of 14 &f.s , 19911 by and between City of San Rafael a municipal corporation in the County of Mann, 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, 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: q//_//% ► , -z Rog erg Smith Dated: J/! y19/ - Michael Smith -� Dated: i �I ! CITY OF SAN RAFAEL By: ��. w Dorothy /LBreiner, Vice -Mayor ATTEST: APPROVED AS TO CONTENT: Dated:_ /(p �(�'� JE M. LEONCIP , City Clerk David Bernardi Public Works Director City of San Rafael B91 C-7 Deferred Improvement Agreement 2 STATE OF CALIFORNIA COUNTY OF Marin SS. o On this 14 day of AUQUSt in the year CL 1991 in before me, the undersigned, a Notary Public in and for said Countyand State, personally appeared Roqer Smith and Michael Smith personally known to me (or proved to me on the basis of satisfactory evidence) to be the person S whose name s are subscribed to the within instrument and acknowledged that they executed the same. Signature yttic� L (C � � � </ c. Linda Monaco Name (Typed or Printed) Notary Public in and for said County and State F2492 R 6/84 STATE OF CALIFORNIA ) -Y SS. -" COUNTY OF MARIN ) WFP�fOFFICIAL SEAL UNDA MONACO indpW OTARY PUBLIC CALfFJRtJIA Office in MARIN County ommission &*us Jan. 25, 1993 + FOR NOTARY SEAL OR STAMP On this 21ST 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 DOROTHY L. BREINER personally known to me 4-or--proved-to.-me--do -the -bas#s-a€-sati5facto-ry--- evideFl-ce) to be the Vice 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. JEANNE . .ONCI PSI , NOTARY PUBLIC in and for said County and State �- OrFICIA St q't mow_^ JEANItE N1. LEONCINI, ) P�OTARY PUr31.JC CALIFORNIA MARIN COUNTY My Comm. Expires Nov. 29, 1991 1400 - 5th Ave., P.O. Box 60, San Rafael, fA 94915.0060