HomeMy WebLinkAbout1999-061
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RESOLUTION NO. 1999-61
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO APPROVING THE
TRANSFER OF CERTAIN PROPERTY LOCATED AT 9TH
AND DEL ROSA STREETS, THE SALE OF THE BICE AND
GLAZIERS FUND PROPERTIES AND THE AMENDMENT OF
THE FELDKAMP SETTLEMENT AGREEMENT
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WHEREAS, the City of San Bernardino (the "City") is a
8 municipal corporation and charter city organized and existing under
9 the constitution and laws of the State of California; and
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WHEREAS, on or about June 11, 1992, the Department of
12 General Services of the State of California (the "Department")
13 transferred that certain real property located at 9th and Del Rosa
14 (the "9th and Del Rosa Site") to the City; and
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WHEREAS, at the time of the transfer it was intended that
17 said 9th and Del Rosa Site be transferred to the Agency, as the
18 Agency Executive Director executed the acceptance for the 9th and
19 Del Rosa Site, however, the grant deed was made to the City; and
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21 WHEREAS, the City now desires to transfer the 9th and Del
22 Rosa Site to the Agency as originally proposed; and
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WHEREAS, the City acquired the property located within
25 Community Facilities District No. 995 ("CFD 995") known as the
26 "Bice Property" in July, 1997, through foreclosure proceedings; and
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Res 1999-61
1 WHEREAS, the City obtained a final foreclosure order from
2 the court in July, 1998, for the property known as the "Glaziers
3 Fund Property" and it is expected that title to said Glaziers Fund
4 Property will vest in the City within the immediate future; and
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6 WHEREAS, the City desires to sell the Bice Property and
7 Glaziers Fund Property (upon transfer to the City) to the Agency in
8 order for the Agency to cause the development of said property; and
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10 WHEREAS, in 1994, the City entered into a Settlement
11 Agreement with Dr. Irving Feldkamp in connection with the property
12 within CFD 995 owned by Dr. Feldkamp; and
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14 WHEREAS, said Settlement Agreement was amended in
15 September, 1997, and in connection therewith the City sold Dr.
16 Feldkamp property previously acquired by the City through
17 foreclosure known as the "SB V Property"; and
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19 WHEREAS, the City desires to further amend said
20 Settlement Agreement to provide a mechanism to allow Dr. Feldkamp
21 to immediately pay all past due special taxes and said amount shall
22 be applied by the City to redeem a portion of the outstanding CFD
23 995 bonds.
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25 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
26 OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS
27 FOLLOWS:
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Res 1999-61
1 Section 1. Transfer of 9th and Del Rosa Property.
2 The City hereby approves the transfer of the 9th and Del Rosa
3 Property to the Agency in order to carry out the original intention
4 and understanding of the parties.
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6 Section 2. Sale of Bice and Glaziers Properties. The
7 City hereby approves the sale of the Bice Property and Glaziers
8 Property (upon vesting in the City) to the Agency in order for the
9 Agency to cause the development of said property.
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11 Section 3. Amendment to Feldkamp Settlement
12 Agreement. The City hereby approves a second amendment to the
13 Settlement Agreement between the City and Dr. Feldkamp in order to
14 require Dr. Feldkamp to immediately pay all past due special taxes
15 and said amount shall be applied by the City to redeem a portion of
16 the outstanding CFD 995 bonds. The City Attorney is directed to
17 cause the preparation of a Second Amendment to Settlement Agreement
18 ("Second Amendment") which will require immediate payment of past
19 due special taxes. Said Second Amendment shall not effect any
20 other obligations of Dr. Feldkamp under the Settlement Agreement,
21 except that Dr. Feldkamp will be requested to make a $2,000 per
22 house payment to the City.
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24 Section 4. Official Action. The Mayor, the City
25 Clerk, City Attorney, Bond Counsel and any and all other officers
26 or agents of the City are hereby authorized and directed, for and
27 in the name and on behalf of the City, to do any and all things and
28 take any and all actions, including execution and delivery of any
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Res 1999-61
1 execution and delivery of any and all assignments, agreements,
2 notices, consents, instruments of conveyance, warrants and other
3 documents, which they, or any of them, may deem necessary or
4 advisable in order to consummate the transactions contemplated
5 hereby including the execution of a Second Amendment. Whenever in
6 this Resolution any officer of the City is authorized to execute or
7 countersign any document or take any action, such execution,
8 countersigning or action may be taken on behalf of such officer by
9 any person designated by such officer to act on his or her behalf
10 in the case such officer shall be absent or unavailable. The City
11 hereby appoints the Mayor as agents of the City for purposes of
12 executing any and all documents and instruments which any officer
13 of the City is authorized to execute hereunder.
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- Res 1999-61
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING THE TRANSFER OF CERTAIN PROPERTY LOCATED AT
29TH AND DEL ROSA STREETS, THE SALE OF THE BICE AND GLAZIERS FUND
PROPERTIES AND THE AMENDMENT OF THE FELDKAMP SETTLEMENT AGREEMENT
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Section 4.
Effecti ve Date.
This Resolution shall
5 take effect from and after the date of its passage and adoption.
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I HEREBY CERTIFY that the foregoing Resolution was duly
8 adopted by the Mayor and Common Council of the City of
9 San Bernardino at a
joint regular
meeting thereof, held on
10 the 5th
11 Council:
ESTRADA
12 LIEN
MCGINNIS
13 SCHNETZ
DEVLIN
14 ANDERSON
MILLER
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day of April, 1999, by the following vote, to wit:
AYES
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x
x
NAYS
ABSTAIN
ABSENT
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x
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C0:..01 C~
Ci t~ Clerk
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The foregoing
18 day of April, 1999.
approved this ~
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Approved as to form and
22 legal ontent:
23 By:
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SBEO/0179/DOC/1734-1
26 3/24/99 400 ct
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