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HomeMy WebLinkAboutResolution No. 5118RESOLUTION NO. 5118 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a lease or agreement with Mahoney Contracting, Inc. consenting to deferral of the installation of landscaping and irrigation at 3095 Kerner Blvd. by posting bond. A copy of which is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, City 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 City Council of said City held on Monday the 7th _ day of June 1976 , by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 7 MARION A. GRADY - City C1 k lee AGREEMENT FOR LANDSCAPING AND IRRIGATION SYSTEM INSTALLATION fHIS AGREEMENT, entered into this % day of jy n e- 19.76 , 19.76, between Mahoney Contracting, Inc. tierc.nditer referred to ds applicant, and the CITY OF SAN RAFAEL, California, herein- after referred to as City, W I T N E S S E T H: I. WHEREAS, The Marin Municipal Water District has passed Ordinance #152, in response to the existing water shortage which Ordinance prohibits the use of sprinkling systems for irrigation, and 2. WHEREAS, Resolution #76-2 of the Planning Commission of the City of San Rafael provides for holders of planning permits to post cash or a performance bond with the City in lieu of the installation of the required landscaping and irriga- tion system prior to occupancy, and 3. WHEREAS, all of the required improvements as shown on the opprAv4od Building Permit will be complete except the landscaping and irrigation system prior to Occupancy Permits being issued by the City; NOW, THEREFORE, for and in consideration pf the City's groniing Ogcupopcy Permit and consenting to the deferral of the Installation of landsoapl'ng and irriga- tion at 3095 Kerner Blvd. the applicant agrees to.: 1. At its own sole cost and expense, furnish all labor and materials required to fully construct and install, or cause to be constructed an4 installed, in a good workmanlike manner the landscaping and irrigation system shown and delineated upon said improvement plans and specifications, designated site plan Exhibit A attached and prepared by Howard York within 60 days of notification by the City. 2. The sum of $ 10,000 cash or performance bond, deposited Iterewi th, by Lhe applicant with the City of San Rafael, is to guarantee the City of San Rafael that this Agreement shall be performed in full. 3. It is FURTHER UNDERSTOOD AND AGREED that should the applicant tail to consLILILL or cause to be constructed any or all of said improvements a5 herein pro- vlli--d, the Ci Ly in addition to any other rights it may have, may construct or cau,)e tlJiL l,njtl(1LtLd said improvements and the applicant ayrees to reimburse the City IM 111, IIIcI ,SII 5uLh labur and materials used, and the bmid herein mentioned shall he 'l 1. 111 I I , Hm l k, h) I e . 4. All work and improvements specified under this agreement shall be. subjucL to approval and acceptance by the Planning Department of the City of San Rafael and to inspection prior to the release of the performance bond or cash deposited with the City. Approved as to Sufficiency: lk�4qttD Planning Department Approved as to Form: Attorney y i Applic CITY OF SAN RAFAEL: By Mayor ATTEST: City Clerk