HomeMy WebLinkAboutCC Resolution 8497 (Smith Ranch Rd)RESOLUTION NO. 8497
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING RESOLUTION NO. 8485, 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 (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 Roger Smith and Michael Smith for compliance with
ED89-59 Condition (h) 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
JANE M. LEO&CINI, City Clerk
ORIGINAL �lAy9'
AGREEMENT FOR SATISFACTION OF DESIGN REVIEW CONDITION
THIS AGREEMENT, made and entered into this % y day of1 n , 1991,
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
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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
L' ko and irrigation; and
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LO WHEREAS, these conditions allow Developer to proceed with the project and
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o cn satisfy said conditions by bonding for the estimated cost of the improvements.
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NOW, THEREFORE, City and Developer agree as follows:
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a1. Developer shall satisfy the conditions as described below:
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r' ED89-59 Condition (hl "Detailed landscaping and irrigation plans shall be subject to the
Napproval 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
wlandscape 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
C) LO `Pond Buffer Area Landscape Concept' as submitted by the applicant. The property owner shall
x be required to bond for the pond buffer area landscape and install landscaping upon request of
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= m the City."
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2. ED89-59 Condition (h) is hereby satisfied by a surety bond in the amount of $7,030, attached
L' hereto.
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U- 3. The City shall not be required to release any security relating to satisfactory completion of
,U the conditions described above until the improvements have passed final inspection by the City.
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CD 4. It is the intention of the parties hereto that this agreement bind themselves and their
,z successors and for the obligations to run with the land.
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Agreement for Satisfaction of Design Review Condition
1
Dated:
Dated: ;i// -f /
Dated: 8111 / 17 /
APPROVED AS TO CONTENT:
Dated:
David Bernardi
Public Works Director
City of San Rafael
B91C-6
Agreement for Satisfaction of Design Review Condition
Roger Smith
Michael 5_—rjIE_
CITY OF SAN RAFAEL
By:!�� /
DORd��t{Elly tc ice -Mayor
V
ATTEST:
JEA M. ECI , City Clerk
2
STATE OF CALIFORNIA Marin } ss.
COUNTY OF
On this 1 991 14th day of August in the year
1 2 , before me, the undersigned, a Notary Public in
H
and for said County and State, personally appeared
Ro_qer Smith and Mirhaa1 Cmi+-h
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 OFFICIAL SEAL
acknowled ed that they executed the y : LINDA M0� ACO
Z B .,;��' NOTARY PUBi.IC-G�1r7►1P11A i
F same. 9, r'rinapal Otfw in MARIM County
My Commwon Exores Jan. 25, i9m ,
a Signature .1 yMM•C ...V� ,« .w• ew,.' o a
o Linda Monaco
a
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a Name (Typed or Printed)
Notary Public in and for said County and State
F2492 R 6/84 FOR NOTARY SEAL OR STAMP
STATE OF CALIFORNIA )
SS.
COUNTY OF MARIN )
On this 21ST day of AUGUST 191j_. before me, JEANNE M•. LEONCINI, a
Notary Public in and for the said County and State residing therein, duly
commissioned and sworn, personally appeared DORdTHY L. BREINER ,
personally known to me Cop -prgved-to-me- CA- tbe-bass-o-f-satJs_factor_y_.
-ev-i c -e} 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. ++___
(q .
JEANNE L'EONCINI, �RYPUBLIC in and for
said County and State
OFFICIAL SEAL
JEANNE M. LEONCiil'
I' a► -
.� -
NOTARY PUBLIC - CAUFORNlA
MARIN COUNTY
L(FOAM
My Ccmm. Expires Nov. 29,1991
1400 - 5th Ave., P.0, Box 60, San Rafael, CA 94915-0060
Bond No -103.8.7.38.5
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE, MD. 2I203
Subdivision Performance Bond
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, .......... CITY... OF SAN --- RAFAE.L and
- --- -....- --------------------------------------------------------------------------------------------------------------
......................... MICHAEL-.SNII TII..ANIl.-RO(�.ER.EMITH----------------------------------------------------------------------------------------------------
(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 ... 81 --- 1991 .......................... 19-------_.-.-,
ED 89-59 CONDITION (h) -LANDSCAPING., SMITH RANCH PARCEL THREE
andidentified as project ---------- --- --------------------------------------------------------------------------------------------------------------------------------------
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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 N01100----------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------- - Dollars ($7_,-03-0--1Q
--- --
--------------------------------------------------------------------------------------------------------------------------------------------------)
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 obligee----, 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
OBLIGEE
costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by ------------------------------------------------
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
JULY- 10.,...1991-------------- 19-----------
=------------
By: IiICI-IAEL..Sr4I-TEL--AM.-ROGER-.SI-LITH....--..
C 2265(C.A)
FIDELITY ANDD SIT COMPANY OF M LAND
'�ByR
1-- ,-- --------- --------- ------
GA?L E ARY
Attorfiey In Far
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 to do by the Board of Directors orb 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 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 Gail Anne Geary of San Rafael, California—
its
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.
This power of attorney revokes that issued on behalf of Gail Anne Geary, dated,
August 2, 1982.
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 ............ 1 -9th ............. day
of••••........•••..:T.anuarX...............•••••... A.D. 19.83•••-
�' 1PO
�FIDELITY AND DEPOSIT COMPANY OF MARYLAND
�`j0 c®�S' ;,ATTEST:
o SEAL °2r 04.,Cl `r
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Assstant Secretary Vice -President
STATE OF MARYLAND } SS:
CITY OF BALTIMORE
On this 19th day of January A.D. 19 83 , 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, the day and year first above writ en.
4• �.-. `o.' ............................. ..`.. ...•••• ••••
Notary Public �`ommission x s...:JlY-- x......1986
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 I 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 July, 1969.
RMLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon ■certified copy of any Bower of attorney Issued by the Company, shall be valid and binding upon the Company
with t�_h//e ��same force and effect as though manually affixed. ' Ua
I�MON WHEREOF, I have hereunto�bscribed my name and affixed the corporate seal of the said Company, this ..................... day
of....... ..... ............................. .19....�.
V
'Is'ist
L142&—cif. —016-4228 ant e�'Y
STATE OF CALIFORNIA
COUNTY OF.--! ".�k.M-•-----••. � 9 /
On t�12,s..._._. J=^_.._.. ----------. ---...day of ---... _ . �— . _ _, 19_L.1..� before me
J -% , a Notary Public, in and for the County and State
r� - ---- -_ - - - - -
aforesaid, duly commissioned and sworn, personally appeared ....... __ 1`l y-- -----
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 sub-
scribed the name of the Fidelity and Deposit Company of Maryland thereto and his own name as
Attorney -in -Fact.
t� .: ';.-. L: 114.• +�
J!, 1.^Y.•ti'.. UIr.IY_ 1�.. •� 1..
............. __-" _—.._
Notary Public in and fortheStateof California,
County of.---..
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- - �•� ter.«:mac s
BR (16) 15