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HomeMy WebLinkAboutCC Resolution 9188 (Smith Ranch Homes Development Agr)RESOLUTION NO. 9188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (SMITH RANCH HOMES DEVELOPMENT AGREEMENT) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE AS FOLLOWS: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, a Certificate of Compliance to Tishman Speyer Mediq Marin Limited Partnership, a copy of which is attached hereto and by this reference made a part hereof. I, JEANNE M. LEONCINI, 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 the 1st day of August, 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE 'S -M. LEONC NI, City Clerk ORIGINAL #�,RB LU), COMPLETE THIS INFORMATION: RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: '. CD -CITY CLK! 94-0628881 Rec Fee .00 /'J I Total .00 -f' Recorded I Official Records I County of I MARIN I JAMES DAL BON I Recorder I 1:55pm 19 -Aug -94 I XX 6 THIS SPACE FOR RECORDERS USE ONLY RE-RECORDED TO ATTACH EXHIBIT "A" TO CERTIFICATE OF COMPLIANCE AT THE REQUEST OF THE CITY OF SAN RAFAEL. 8/19/94 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (ADDITIONAL RECORDING FEE APPLIES) AR -P2-51993 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Sa 1400 - 5th P.O. Box 60 San Rafael, San Rafael Avenue California 94915-0060 WHEN RECORDED MAIL CERTIFIED COPIES TO: GREENE, RADOVSKY, MALONEY & SHARE One Market Plaza Spear Street Tower, Suite 4200 San Francisco, California 94105 Attention: Thomas M. Feldstein 94 -or --' 1 oo I I Recorded I Official Records I County of I MARIN I JAMES DAL BON I Recorder I 1.:50pm 16 -Aug -94 I CERTIFICATE OF COMPLIANCE Rec Fee 16.0 Check 16.00 Issued by the City Council of the City of San Rafael (the "City"), a municipal corporation of the State of California, as of August 1, 1994. Recitals Tishman Speyer Mediq Marin Limited Partnership, a California Limited Partnership (the "Partnership"), is the owner of certain real property (the "Property"), located within the City of San Rafael, County of Marin, State of California, and further described in Exhibit "A," attached hereto and incorporated herein by this reference. The Property is subject to the terms of a certain Development Agreement (the "Development Agreement") originally entered into by and among the City, Medical Retirement Communities, Inc., a California corporation, Sagra, Inc., a California corporation, an affiliate of Medical Retirement Communities, Inc., and Marin Housing Development Corporation, a California public benefit corporation, dated as of June 3, 1985, and recorded September 10, 1985, as Instrument No. 85039085, Official Records of Marin County, California, and amended on September 18, 1989, October 16, 1989, January 4, 1993 and December 6, 1993. California Government Code Section 65865.1 requires annual review by the City of compliance with the Development Agreement in accordance with the procedures established by the City. XX 4 The City has good faith compliance b Development Agreement, established by the City. received substantial factual evidence of y the Partnership with the terms of the in accordance with the procedures NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY FIND AND DETERMINE AS FOLLOWS: Section 1. Findinq. The actions, programs of public works construction, economic investments, policies and real property development activities undertaken by the Partnership and described by the Partnership to the City in a public hearing dated August 1, 1994, are hereby found to comply with the terms of the Development Agreement. Section 2. Determination. For the interval commencing with September 20, 1993, and ending August 1, 1994, the Partnership has complied with the terms of the Development Agreement. IN WITNESS WHEREOF, the City Council of the City of San Rafael has caused this Certificate of Compliance to be duly executed and acknowledged. CITY OF SAN RAFAEL, a municipal corporation By: LA1erV� koro, Mayor ATTEST: t I Je n�/n e M Leoncini, City Clerk APPROV TO FORM: Gary I`: Ragghianti, City Attorney 2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Rafael 1400 - 5th Avenue P.O. Box 60 San Rafael, California 94915-0060 WHEN RECORDED MAIL CERTIFIED COPIES TO: GREENE, RADOVSKY, MALONEY & SHARE One Market Plaza Spear Street Tower, Suite 4200 San Francisco, California 94105 Attention: Thomas M. Feldstein CERTIFICATE OF COMPLIANCE Issued by the City Council of the City of San Rafael (the "City"), a municipal corporation of the State of California, as of August 1, 1994. Recitals Tishman Speyer Mediq Marin Limited Partnership, a California Limited Partnership (the "Partnership"), is the owner of certain real property (the "Property"), located within the City of San Rafael, County of Marin, State of California, and further described in Exhibit "A," attached hereto and incorporated herein by this reference. The Property is subject to the terms of a certain Development Agreement (the "Development Agreement") originally entered into by and among the City, Medical Retirement Communities, Inc., a California corporation, Sagra, Inc., a California corporation, an affiliate of Medical Retirement Communities, Inc., and Marin Housing Development Corporation, a California public benefit corporation, dated as of June 3, 1985, and recorded September 10, 1985, as Instrument No. 85039085, Official Records of Marin County, California, and amended on September 18, 1989, October 16, 1989, January 4, 1993 and December 6, 1993. California Government Code Section 65865.1 requires annual review by the City of compliance with the Development Agreement in accordance with the procedures established by the City. The City has received substantial factual evidence of good faith compliance by the Partnership with the terms of the Development Agreement, in accordance with the procedures established by the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY FIND AND DETERMINE AS FOLLOWS: Section 1. Findina. The actions, programs of public works construction, economic investments, policies and real property development activities undertaken by the Partnership and described by the Partnership to the City in a public hearing dated August 1, 1994, are hereby found to comply with the terms of the Development Agreement. Section 2. Determination. For the interval commencing with September 20, 1993, and ending August 1, 1994, the Partnership has complied with the terms of the Development Agreement. IN WITNESS WHEREOF, the City Council of the City of San Rafael has caused this Certificate of Compliance to be duly executed and acknowledged. ATTEST: .Cit Je ne M. Leon'z:c���ini, y - Clerk ) FORM: 4679 .anti, City CITY OF SAN RAFAEL, a municipal corporation By: YAl er . Zoro, Mayor Attorney E State of California County of Marin On 13, J99111 before me, A. M. MARCOTTE, a Notary Public in and for khe said County and State, personally appeared' Albert J. Boro, Mavor of the Citv of San Rafael personally known to me ( cr. the basis of s tisf ae-tery :-=Te) to be the person(a) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/ h 't,. e r authorized capacity (3ea) , and that by his/her their signature (s) on the instrument the person(s), or the entity upon behalf of which the pers=on(a) acted, executed the instrument. WITNESS my hand and official seal.............. I........ OFFICIAL SEAL A. M. MARCOTfE ' Notary Public -California, QV�10M#e- ; ='" »� MARIN COUNTY , A. M. MARCO TE NOTARY PUBLIC My Commission Expires ' November 17, 1995 My commission expires 11/17/95 ' ..�. �.......... .