HomeMy WebLinkAbout11-178 - Resolutions RESOLUTION NO. 11-178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RELEASING OF REAL
PROPERTY IMPROVEMENT CONTRACT AND LIEN
AGREEMENT FOR 10700 JERSEY BOULEVARD LOCATED
ON THE NORTH SIDE OF JERSEY BOULEVARD EAST OF
HAVEN AVENUE (APN 0209-491-23)
WHEREAS, the City Council of the City of Rancho Cucamonga, adopted
Resolution No. 87-397 accepting a real property improvement contract and lien agreement for
10700 Jersey Boulevard; and
WHEREAS, said agreement was recorded in the San Bernardino County's
Recorder's Office as document number 87-295950; and
WHEREAS, the improvements required under the lien agreement have been met
with the payment of in-lieu of construction fee and said real property improvement contract and
lien agreement is no longer required.
NOW, THEREFORE, be it resolved that the City Council of the City of Rancho
Cucamonga does hereby release said real property improvement contract and lien agreement
from 10700 Jersey Boulevard, and the Mayor is authorized to sign this resolution and the City
Clerk is hereby authorized and directed to cause Release of Lien to be recorded in the office of
the County Recorder of the County of San Bernardino, State of California
Please son fie fuaowvy page
for formal adoption,certification and signatures
PASSED, APPROVED, AND ADOPTED this 7`" day of December 2011.
AYES: Alexander, Buquet, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
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L. Dennis Michael, Mayor
ATTEST:
Janice C. Reynolds, City Cler
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the Ph day of December 2011.
Executed this 8'" day of December 2011, at Rancho Cucamonga, California.
)" L V , Q
Janice-C. Reynolds, Ci y Clerk
Resolution No. 11-178 - Page 2 of 6
ifEE 7M5� M:r:r.J•:E'J:C -- .
- RECORDED IP;
RECORDING REWESTED BY- OFFICIAL RECORC;
and
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WHEN RECORDED MIL T0: D ':87 AUG 26 (Ail36
E
CITY CLERK SAN BERNARDINO
CO., CALIF.
CITYOFRANCHO CUCAMDNGk
P. 0. Box 807
1 RANCHO CUCAMANG.A, CALIFORNIA 9173D 87--12195950
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REAL PROPERTY IMPROVEMENT CDMTRACT AND LIEN AGREEMENT
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f THIS AGREEMENT, made and entered Into this 22nd day
of July 14 87 , by and between Jersey Business
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Park,Ltdhereinafter referred to as °Developer'), and the CITY OF RAN CHD j
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( CUCAMONGA, CALIFORNIA, a municipal corporation (hereinafter referred to as I
t -City-), provides as follows:
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WHEREAS, as a condition of the approval of OR 86-38, the City i
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requires that a contribution he paid to the City In lieu of undergrounding the �
{ existing overhead utilities (telecommunication and electrical, except for the
66KV electrical) on the opposite side of Jersey Boulevard.
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WHEREAS, the Developer desires to postpone said payment until a later
j II date, as determined by the City; and
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1 WHEREAS, the City is agreeable to such postponement provided that the
1. jDeveloper enters into this Agreement requiring the Developer to make said
payment after demand to do so by the City, which said Agreement shall also i
is
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CITY.CLERK
IF .,
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Resolution No. 11-178 - Page 3 of 6
87-295950 - {
1 provide that the City shall have a lien upon the real property hereinafter
described as security for the Developer's performance.
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NOW. THEREFORE, THE PARTIES AGREE:
1. The Developer hereby agrees that to will make said payment to an
I amount not-to-exceed one-half (1/2) the actual per foot cost of the utility
undergrounding times the length.of his property frontage on Jersey Boulevard '
I from the west property line of Parcel 12 of Parcel Map 4594 to the east
+ [ property line of Parcel 14 of Parcel Map 4594 (6361 fcet).
2. Said payment shall be made no later than six (6) months following
i written notice to the Developer from the City to commence payment of same.
The undergrounding of said utilities shall be at no expense to the City.
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I 3. To secure the performance by the Developer of the terms and I
' conditions of this Agreement the Developer does by these presents grant,
bargain, sell and convey to the City, in trust, the following described real
property situated in the City of Rancho Cucamonga, County of San Bernardino,
State of California, to-wit: Parcel 12, 13, and 14 of Parcel Map 4594 filed
in Book 47, pages 2 and 3 of Parcel Maps in the Recorder's Office of San
Bernardino County, State of California.
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4. This conveyance is in trust for the purposes described above.
5. Now, therefore, if the Developer shall faithfully perform all of
the ads and things to be done under this Agreement, then this conveyance
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Resolution No. 11-178 - Page 4 of 6
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87-295950
shall be void, otherwise, it shall remain to full force and effect and in all
respects shall be considered and treated as a mortgage on the real property
and the rights and obligations of the parties with respect thereto shall be
ygoverned by the provisions of the Civil Code of the State of California, and
iany other applicable statute, pertaining to mortgages on real property.
6. This Agreement shall be binding upon and shall inure to the 1
F benefit of the heirs, executors, administrators, successors and assigns of ,
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each of the parties hereto.
7. To the extent required to give effect of this Agreement as a
mortgage, the term °Developer" shall be °mortgagor° and the City shall be the
-mortgagee" as those terms are used in the the Civil Code of the State of
California and any other statute pertaining to mortgages on real property. J
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6. if legal action is commenced to enforce any of the provisions of i
this Agreement, to recover any sum which the City 1s entitled to recover from
the Oeveloper hereunder or to foreclose the mortgage created hereby, then the i
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prevailing party shall be entitled to recover its costs and such reasonable i
attorneys fees as shall be awarded by the Court. I
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Resolution No. 11-178 - Page 5 of 6
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87-295950
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and year first above written.
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1�. CITY DEVELOPER i
y;
CITY DF RANCHD CUCAMMrA, JERSEY BUSINESS PARE, LTD.
CALIFORNIA a municipal a California limited corporation i
corpora an
I[. By: 6iy
Y enn Mayor Out / ��7 James E. B rt n, Ge eral Partner
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f A�e7,4 �� APPR ED AS TO FORM:
very A. AUthe I e ty Attorney
City Clerk i
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Resolution No. 11-178 - Page 6 of 6