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Resolution 09925CITY OF ALAMEDA RESOLUTION NO. 9925 AUTHORIZING EXECUTION OF A MODIFIED SUBDIVIDER'S AGREEMENT RELATING TO THE SUBSTITUTION OF A MEMORANDUM OF AGREEMENT FOR THE BONDING REQUIREMENT OF TRACT 4545 (NORTHEAST CORNER OF WILLOW STREET AND OTIS DRIVE, OWNED BY COWAN, MITCHELL AND SCHWARTZ) WHEREAS; on November 18, 1980, by its Resolutions No. 9418 and 9419, this Council approved the Final Map of Tract 4545, a condominium conversion of property located at Willow Street and Otis Drive, authorized the execution of a subdivision improvements agreement and approved bonds as to sufficiency; and WHEREAS, the subdivider, V. M. Rafanelli & Associates has assigned its interests in the development permits to the owners of the property, namely Ronald H. Cowan, Alan D. Mitchell and Melvin H. Schwartz; and WHEREAS, said owners desire to enter into an agreement with the City to permit the substitution of a Memorandum of Agreement in lieu of the bond required and now on file in the office of the City Clerk; and WHEREAS, The Planning Board, at its October 25, 1982 meeting, amended Condition 1 of its Resolution No 1049 to permit the substitution of a Memorandum of Agreement in lieu of the bond; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that the City Manager and the City Clerk are hereby authorized to execute and attest to respectively, on behalf of the City of Alameda, an Agreement with Ronald H. Cowan, Alan D. Mitchell and Melvin H. Schwartz which provides for the substitution of a Memorandum of Agreement in lieu of the bonding requirement for the improvements in Tract 4545; and BE IT FURTHER RESOLVED that the City Clerk shall cause a cony of said Memorandum of Agreement to be recorded in the County Recorder's Office and following said recording shall release the existing performance bond. I, the undersigned, hereby certify that the foregoing Resolution was duly'and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 16th of November, 1982, by the following vote to wit: AYES: Councilmen Gorman, Sherratt, Stone and President Corica - 4. NOES: None. ABSENT: Councilman Diam2nt - l. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of November, 1982.