HomeMy WebLinkAbout1999-156
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RESOLUTION NO.
1999-156
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO APPROVING THIRD
AMENDMENT TO SETTLEMENT AGREEMENT (FELDKAMP)
AND AGREEMENT RE BAILEY CREEK
WHEREAS, the City of San Bernardino (the "City") is a
municipal corporation and charter city organized and existing under
the constitution and laws of the State of California; and
WHEREAS, in 1994, the City entered into a Settlement
Agreement ("Original Settlement Agreement") with Dr. Irving
Feldkamp in connection with the property within Community
Facilities District 995 ("CFD 995") owned by Dr. Feldkamp; and
WHEREAS, said Settlement Agreement was amended in 1997
(the "First Amendment"), and again amended in 1998 (the "Second
Amendment") to modify certain terms ("Settlement Agreement" herein
shall refer to the Original Settlement Agreement, as amended); and
WHEREAS, on April 5, 1999, the City approved a Third
Amendment to Settlement Agreement (on file with the City Clerk)
(the "Third Amendment") to provide a mechanism to allow Dr.
Feldkamp to immediately pay all past due special taxes and apply
said amount to redeem a portion of the outstanding CFD 995 bonds;
and
WHEREAS, under the Settlement Agreement, some of the
dates upon which certain items must occur or be completed have
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expired and the City desires to provide additional time for
Dr. Feldkamp to meet said deadlines in order to cause the effective
redevelopment of the subject parcels; and
WHEREAS,
memorialize their
the City and the Developer further desire to
discussions regarding payment of certain
improvements located in and near Bailey Creek and desire to execute
the Agreement Re Bailey Creek on file with the City Clerk.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. Amendment to FeldkamD Settlement
Agreement: Aareement Re Bailey Creek. The City hereby approves a
Third Amendment to the Settlement Agreement ("Third Amendment")
between the City and Dr. Feldkamp in order to extend the date for
recording the final Tract Map No. 14193 from December 29, 1998 to
January 7, 2000. The Settlement Agreement shall also be amended to
extend the period for Dr. Feldkamp to apply for Mortgage Assistance
Program ("MAP") funds of the Agency to the year 2002. The Third
Amendment on file with the City Clerk is hereby approved and the
Mayor is authorized to execute the final Third Amendment when the
same has been prepared with such changes as shall be approved by
the Mayor or City Attorney. The City hereby further approves the
Agreement Re Bailey Creek between the City and Dr. Feldkamp in
order to provide for the terms and conditions of payment of certain
improvements located in or around Bailey Creek, if necessary, and
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1999-156
1 the Mayor is authorized to execute the final Agreement Re Bailey
2 Creek when the same has been prepared with such changes as shall be
3 approved by the Mayor or City Attorney.
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5 Section 2. Official Action. The Mayor, the City
6 Clerk, City Attorney, Bond Counsel and any and all other officers
7 or agents of the City are hereby authorized and directed, for and
8 in the name and on behalf of the City, to do any and all things and
9 take any and all actions, including execution and delivery of any
10 and all assignments, agreements, notices, consents, instruments of
11 conveyance, warrants and other documents, which they, or any of
12 them, may deem necessary or advisable in order to consummate the
13 transactions contemplated hereby including the execution of a Third
14 Amendment. Whenever in this Resolution any officer of the City is
15 authorized to execute or countersign any document or take any
16 action, such execution, countersigning or action may be taken on
17 behalf of such officer by any person designated by such officer to
18 act on his or her behalf in the case such officer shall be absent
19 or unavailable. The City hereby appoints the Mayor as agents of
20 the City for purposes of executing any and all documents and
which any officer of the City is authorized to execute
21 instruments
22 hereunder.
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1999-156'
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THIRD AMENDMENT TO SETTLEMENT AGREEMENT
2 (FELDKAMP)
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Section 3.
Effecti ve Date.
This Resolution shall
take effect from and after the date of its passage and adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a ioint reQu1ar
meeting thereof, held on
the 21st day of June, 1999, by the following vote, to wit:
11 Council: AYES NAYS ABSTAIN ABSENT
ESTRADA X
12 LIEN X
MCGINNIS X
13 SCHNETZ X
DEVLIN X
14 ANDERSON X
MILLER X
IS
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The foregoing resolution
day of June, 1999.
~ h. U.u<-L
Cit Clerk
ereby approved this ~~
Approved as to form and
legal content:
'y' ~~l
Ci
S~"',.,'c. Co""",f
of
SBEO/0179/00C/1740.WPO
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1~99':'156
RECORDING REQUESTED BY:
CITY OF SAN BERNARDINO
WHEN RECORDED RETURN TO:
SABO & GREEN,
A PROFESSIONAL CORPORATION
23801 CALABASAS ROAD, SUITE 1015
CALABASAS, CALIFORNIA 91302
Recordation Fee Not Applicable
Pursuant to Government Code Section 6103
{Space Above For Recorder's Use Only}
THIRD AMENDMENT TO MUTUAL RELEASE
AND SETTLEMENT AGREEMENT
1999-156,
,f '. .
RECORmNG REQUESTED BY:
., ,
tIA' I C J /""..:X.
vi
CITY OF SAN BERNARDINO
WHEN RECORDED RETURN TO:
SABO & GREEN,
A PROFESSIONAL CORPORATION
23801 CALABASAS ROAD, SUITE 1015
CALABASAS, CALIFORNIA 91302
5
10M ST ut SYT err-co TRANS TAX
Recordation Fee Not Applicable
Pursuant to Government Code Section 6103
6
OA CHAG
EXAM
(Space Above For Recorder's Use Only)
THIRD AMENDMENT TO MUTUAL RELEASE
AND SETTLEMENT AGREEMENT
1999-156'
SBEO\0121F\DOC\lB.4
5\lB\99 910 law
THIRD AMENDMENT TO MUTUAL RELEASE AND SETTLEMENT AGREEMENT
This Third Amendment to Mutual Release and Settlement
Agreement (this "Third Amendment") is entered into this 2!fzt-day of
June, 1999, by and between the CITY OF SAN BERNARDINO, a California
municipal corporation ("City") and Irving M. Feldkamp III
("Developer") . The City and the Developer are collectively
referred to as the "Parties". Unless otherwise defined herein,
capitalized terms shall have the meanings given in the Original
Settlement Agreement (as defined in Section 1.3 hereof).
SECTION 1.
RECITALS
1.1. On June 18, 1990, the City created Community
Facilities District No. 995 ("District") pursuant to the Mello-Roos
Community Facilities Act of 1982, codified at Government Code
Section 53311 et. ~. (the "Act"). Pursuant to the Act, in
December, 1990, the City issued $7,440,000 Special Tax Bonds
("Bonds"), which were secured by the special taxes authorized to be
levied against all parcels within the District. The Bonds were
then refunded with the $3,315,000 Community Facilities District No.
995 of the City of San Bernardino (Verdemont Area) Special Tax
Refunding Bonds (the "Refunding Bonds") .
1.2. The Developer owns or has an interest in unimproved
property located within the District as more fully described in
Exhibit "A" attached hereto (the "Property"). On or about
January 14, 1994, the City commenced an action for judicial
foreclosure of special tax liens in the Superior Court of the State
of California for the County of San Bernardino, against certain
named defendants therein, including Developer, bearing Case No.
SCV09593 ("Action").
1.3. The Parties desired to resolve their differences and
to avoid the expense and inconvenience of any future litigation,
including without limitation, litigation of the Action, and thus
entered into a Mutual Release and Settlement Agreement dated as of
August 29, 1994 (the "Original Settlement Agreement") under which
the Developer agreed to make payments to the City for delinquent
special taxes, San Bernardino Unified School District ("School
District") fees, interest, penalties and costs provided in said
Original Settlement Agreement.
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1999-156.
1.4. The Original Settlement Agreement was amended by
that certain First Amendment to Mutual Release and Settlement
Agreement dated October 21, 1997 (the "First Amendment") which
modified the terms of payment and amounts due to the City under the
Original Settlement Agreement and provided for the concurrent
execution of the Purchase and Sale Agreement attached thereto as
Exhibit "E" for the purchase by the Developer from the City of
certain real property located within the District which real
property is included in the definition of Property contained in
Section 1.2 hereof; and
1.5. On or about October 7, 1998, the Original
Settlement Agreement was again amended by that certain Second
Amendment to Mutual Release and Settlement Agreement (the "Second
Amendment") which further modified certain terms and conditions of
the Original Settlement Agreement. (Whenever used herein and
unless otherwise specified, the "Original Settlement Agreement"
shall refer to the Original Settlement Agreement as amended by the
First Amendment and Second Amendment.)
1.6. The parties hereto now mutually desire to further
amend the Original Settlement Agreement to revise certain terms
concerning the performance obligations of Developer as hereinafter
set forth.
1.7. In consideration of the covenants, conditions and
promises herein contained, the Parties agree as set forth.
SECTION 2.
REVISION TO SETTLEMENT TERMS
Section 2 of the Original Settlement Agreement, as
amended by the First Amendment and Second Amendment shall be
deleted in its entirety and replaced with the following:
"2. SETTLEMENT TERMS AND CONDITIONS
2.1. (a) Pursuant to the First Amendment it has been
established between the parties hereto that, as of the date of the
First Amendment, the total amount of delinquent special tax,
interest, penalties, School District Fees and costs due to the City
with respect to the Property for the period from Fiscal Year 1991-
92 to Fiscal Year 97-98 was Eight Hundred Twenty Two Thousand, Four
Hundred Ninety Three Dollars and Eighty Eight Cents ($822,493.88)
(the "Debt"). This amount represented $10,822.29 per lot for the
76 lots existing on the Property (the "Home Release Payment"). Of
this amount Five Thousand Four Hundred Forty Six and 29/100 Dollars
($5,446.29) was attributable to special taxes, interest and
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1999-156
penalties and the remainder to other costs of the City associated
with San Bernardino Unified School District fees.
(b) Since the date of the First Amendment, the
Developer has paid Eighty Six Thousand Dollars ($86,000) of the
Debt which has been credited, as follows:
Amount Paid
Since First Amendment
Date Paid
$43,000
43,000
October, 1997
June, 1998
(c) As of the date of this Third Amendment the
amount of the Debt equals Seven Hundred Thirty Six Thousand Four
Hundred Ninety Three and 88/100 Dollars ($736,493.88) of which
Three Hundred Seventy Thousand Six Hundred Thirty Seven and 88/100
($370,637.88) is attributable to special taxes, interest, penalties
and costs (the "Special Tax Debt") and the remaining balance is
attributable to outstanding amounts paid to reimburse the City for
amounts owed to the San Bernardino Unified School District.
(d) On or before July 15, 1999, the Developer shall
pay the full amount of the outstanding balance of Special Tax Debt
from and only from amounts he shall receive from the Redevelopment
Agency of the City of San Bernardino in consideration for
restricting the sale of an aggregate of~ ]jts of the Property for
residents of low- and moderate-income. 2~v~
(e) The City shall use the money it receives from
the Developer, pursuant to this subsection, along with other
amounts, to pay the outstanding balance of Special Taxes, defease
the District's outstanding Refunding Bonds and extinguish the
District. Thereafter, the amount due and owing from the Developer
to the City hereunder (the "Remaining Debt") shall equal Three
Hundred Sixty Five Thousand Eight Hundred Fifty Six Dollars
($365,856), and shall be paid in the following manner:
Developer shall be required to pay a fee equal to
$4,813.89 per home (the "Modified Home Release Price"). The
Modified Home Release Price shall include reimbursement to the City
for School District fees totaling Ninety Thousand Seven Hundred
Eighty Four Dollars ($90,784) ("School Fees Reimbursement") and a
Two Thousand Dollar ($2,000) City General Fund payment (the
"General Fund Payment") in order to repay the amount of School
District fees paid by the City totaling $275,072. The Modified
Home Release Price shall be due and payable upon final inspection
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1999-156
and clearance of utilities prior to authorizing occupancy for each
lot whether or not the home is sold, or upon the close of escrow of
the home, but in no event later than two (2) months after final
inspection and clearance of utilities.
Notwithstanding the foregoing, Developer shall not be
required to pay the $4,813.89 fee for four (4) model homes until
the earlier of (i) the sale of such home or (ii) two (2) years from
the date of construction.
(b) Late charges shall accrue in the event the payment
required hereunder is not paid within thirty (30) days of its due
date and shall bear interest at the rate of ten percent (10%) per
annum until paid.
(c) Developer may not sell all or any portion of the
Property unless and until it has remitted the Modified Home Release
price payment. Upon payment of the Modified Home Release Price,
the City shall execute a notice of satisfaction of lien which shall
be recorded to release the lot from this Third Amendment and the
Original Settlement Agreement.
2.2. Notwithstanding the above, with the consent of the
City, which consent shall not be unreasonably withheld, the
Developer may enter into a construction or sales contract for
construction on the Property or sale of the Property with a
licensed contractor or a developer who, (1) between the period of
January 1995 through June 30, 1999: (i) has constructed or is
scheduled to construct at least one hundred (100) single family
housing units, (ii) has developed at least 100 parcels of real
property or (iii) has achieved any combination of (i) and (ii)
totaling 100 and (2)assumes all of the duties and obligations under
this Agreement.
2.3. The City shall not require the Developer to pay
additional school fees to the extent that the school fees included
in the calculation of the Remaining Debt are sufficient to
compensate the School District for all school fees. The Developer
shall have the sole responsibility to obtain any and all consents
or other waivers as may be required by the School District
acknowledging that the amounts set forth herein are the only School
District fees applicable to the Property.
2.4. In addition to being wi thin the District, the
Property was also subj ect to Verdemont Infrastructure Fees ("VI
Fees"). However, the Developer shall not be required to pay any VI
Fees on the Property.
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2.5. [Intentionally Omitted.]
2.6. The Developer has requested down payment assistance
be made available to their buyers from the Mortgage Assistance
Program ( "MAP" ) of the Redevelopment Agency of the City of San
Bernardino ("Agency"). The City hereby confirms that it has
entered into a letter agreement in the form attached hereto as
Exhibit "B" with the Agency directing the Agency to use its best
efforts to provide MAP assistance on a first come first serve basis
to all of the Developer's buyers who qualify for MAP assistance.
Under the MAP, the buyers shall receive no more than the following
amounts in the following years: 1999/2000 $50,000; 2000/01
$100,000; 2001/02 - $50,000.
In the event the foregoing amounts are not used by
Developer's buyers in the years granted, said amounts shall not be
carried forward and thus shall not be available to the Developer's
buyers in any subsequent year. The foregoing grants shall be
subject to all of the terms, conditions and qualifying criteria as
may be specified in the MAP as such terms, conditions and criteria
exist at such time and consistent with the requirements imposed by
the funding source and other discretionary criteria as may be
established by the Agency. Developer shall not receive any waivers
of terms in connection with this Amendment.
2.7. [Intentionally Omitted.]
2.8 [Intentionally Omitted.]
SECTION 3. REVISIONS TO DEFAULT TERMS
Section 3 of the First Amendment as amended by the Second
Amendment shall be deleted in its entirety and replaced with the
following:
3.1. The following shall constitute events of default by
the Developer hereunder:
(i) Failure to remit any payment to the City pursuant to
Section 2.1 hereof within forty five (45) days of its due date;
(ii) Failure to pay the State as provided in Section 2.5
hereof;
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1999-156
(iii) Failure to apply to the City for a grading permit
for the development of Phase I on the Property on or before
October 1, 1999;
(iv) Failure to record the Final Map for Tract No. 14193
on or before January 7, 2000;
(v) Failure to commence construction of on-site building
lots for Phase I by the initiation of on-site grading activities
and installation of other lot improvements on or before January 7,
2000; or
(vi) Failure to commence construction of housing units
for Phase I on or before sixty (60) days after the final approval
and written certification of each finished lot by the City, but in
no event later than June 1, 2000."
Upon the happening of an event of default, Developer
shall immediately, upon written request of the City, execute a
quitclaim deed to the Property, and deliver said quitclaim deed and
the Property to the City. Upon delivery to the City and
recordation of a quitclaim deed to the Property, the City shall
release Developer from any and all obligations arising from the
Debt against the Property.
3.2. In the event the Developer fails to execute a
quitclaim deed and deliver the Property to the City as provided in
3.1 above, the City may enter the Stipulation for Entry of
Judgment ("Stipulation") (a copy of which is attached hereto as
Exhibit "C" and is incorporated herein by this reference), and the
City may cause entry of the Judgment (in the form attached hereto
as Exhibit "D" and incorporated herein by this reference) against
Developer.
The Parties expressly agree to waive Code of Civil
Procedure Section 583.310 and any applicable statute of limitations
to the extent necessary to allow the City to cause entry of
Judgment in the Action in the event the settlement contemplated
within this Amendment is not consummated.
3.3. Developer shall not be in default under subsections
(iii), (iv), (v) or (vi) of Section 3.1 in the event that such
default is the result of unlawful or unreasonable actions by the
City. "Unreasonable actions" shall not include any discretionary
action, taken by the City in its standard process of approving the
final Tract Map No. 14193 for the Property or other discretionary
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1999-156
approval of the City in connection with completion of the homes on
the Property.
SECTION 4.
REVISIONS TO TERMS OF PURCHASE OF PARCEL 2
4.
PURCHASE OF PARCEL 2
4.1. The Developer purchased Parcel 2 of the Property (as
described on Exhibit A hereto) from the City for a total
consideration of Four Hundred Thirty Thousand Dollars ($430,000) of
which One Hundred Ninety Seven Thousand, Four Hundred Twenty Seven
Dollars and Fifteen Cents ($197,427.15) of the purchase price was
to be paid upon the sale of each lot to an individual purchaser
and the remainder of Two Hundred Thirty Two Thousand, Five Hundred
Seventy Two Dollars and Eighty Five Cents ($232,572.85) shall be
deemed to be paid by the Developer upon development of street
improvements (including but not limited to curbs, gutters,
sidewalks, fill-in street paving and lighting) by the Developer on
Ohio, Olive and walnut Avenues. The amount due per lot equaled
Four Thousand Seven Hundred Dollars and Sixty Five Cents
($4,700.65) for each of the 42 lots for a total of ($197,427.15/42
lots) and was included in the Eight Hundred Twenty Two Thousand
Four Hundred Ninety Three Dollars and Eighty Eight Cents
($822,493.88) set forth in Section 2.1 of the First Amendment.
Pursuant to Section 2.1(d) hereof, the amount described herein of
One Hundred Ninety Seven Thousand, Four Hundred Twenty Seven
Dollars and Fifteen Cents ($197,427.15) shall be reduced by the
payment made under Section 2.1(d).
SECTION 5.
MISCELLANEOUS PROVISIONS
5.1. Except as otherwise provided herein and with respect
to Section 2 of the Original Settlement Agreement and Section 3 and
4 of the First Amendment, as amended by the Second Amendment which
provisions are hereby superseded, this Third Amendment hereby
restates and affirms the Original Settlement Agreement and said
Original Settlement Agreement, as amended remains in full force and
effect. This Amendment, read in conj unction with the Original
Settlement Agreement, as amended, contains the entire understanding
of the Parties with respect to the subject matter hereof, and no
modification or waiver of any of the provisions hereof shall be
valid unless in writing and executed by the Parties to be bound.
5.2. This Third Amendment shall be governed in accordance
with the laws of the State of California. Any action brought to
enforce or interpret this Third Amendment, or any part thereof,
shall be brought in the State of California, in the County of San
Bernardino.
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1999-156'
5.3. Each Party hereto certifies that he, she or it has
read all of this Third Amendment and fully understands all of the
same.
5.4. This Third Amendment shall be recorded in the
appropriate real property records of San Bernardino County,
California and shall constitute a lien on the Property described in
Exhibit "An for the amounts set forth in this Third Amendment.
5.5. The effective date of the Third Amendment shall be
deemed to be the date of recording hereof.
5.6. This Third Amendment has been duly authorized the
City, through the action of its Mayor and Common Council taken on
April 5, 1999. The representatives signing this Third Amendment on
behalf of the City expressly represent that he, she or they do so
with the full authority and consent of the City.
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1999-156
[PLEASE NOTE THAT SIGNATURES OF ALL PARTIES
TO THIS AMENDMENT MUST BE NOTARIZED]
DATED: June ;?r, 1999
CITY OF SAN BERNARDINO,
a California m icipal corporation
By:
APPROVED AS TO FORM AND CONTENT:
DATED: June ~/ , 1999
SABO & GREEN,
A Professional Corporation
BY:~
Attorneys for
the City of San Bernardino
DEVELOPER
SBEO\0121F\DOC\18.3
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1999-156
STATE OF CALIFORNIA
COUNTY OF DAN l3erlWi'A/lV
On -s,v4/e n. ,W9 before me, LQRi VAnvel1
(here insert n~. e ana title of the officer), personally appeared
..r:nllllljf. t1 Fe It. Kalv/ t9 .T7T , personally known to me (or proved to
me on t e basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their
authorized capacity (ies) , and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature c1~-YOA~'
J~---- ~-~-
i. ~,~~. lWMG I
~ Noay NIle -CaIIarI1lI
. j _ _ My~~~3J.mJ I
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1999-156'
EXHIBIT "Au
[DESCRIPTION OF PROPERTY]
~
.. 1999-156'
AGREEMENT RE BAILEY CREEK
This Agreement Re Bailey Creek (this "Agreement") is
entered into this .2/st-day of June, 1999, by and between the City
of San Bernardino, a California municipal corporation ("City") and
Irving M. Feldkamp III ("Developer").
RECITALS
WHEREAS, the City and the Developer have had discussions
regarding the payment of certain costs associated with improvements
to Bailey Creek between Walnut Avenue and the debris basin, in the
event that the State of California requests payment for said
improvements; and
WHEREAS, the City and the Developer desire to memorialize
their discussions regarding said payment and have caused the
preparation of this Agreement.
IN WITNESS WHEREOF the parties agree, as follows:
The Developer shall not be required to pay any storm
drain construction fees or sewer plant capacity fees to the City in
connection with development of the Developer's property which is
the subject of the Mutual Release and Settlement Agreement dated as
of August 29, 1994 (the "Original Settlement Agreement") as amended
by the Third Agreement to Settlement Agreement dated the same date
hereof (the "Third Amendment"), each by and between the City and
the Developer.
In the event that the State of California Department of
Water Resources ("State") requests payment for the construction of
the improvements of Bailey Creek between Walnut Avenue and the
debris basin, on behalf of the Developer, the City shall pay Three
Hundred Thousand Dollars ($300,000) and the Developer shall pay
Seventy Five Thousand Dollars ($75,000) to the State.
The payments to the State, if required, shall be made by
the City and the Developer on a pro rata basis up to the amounts
specified herein. The City Staff shall use its best efforts to
negotiate with the State to cap the amount due for said
construction at Three Hundred Seventy Five Thousand Dollars
($375,000). However, in no event shall the City be required to pay
more than Three Hundred Thousand Dollars ($300,000) hereunder.
Except as expressly provided, nothing contained herein
shall waive any other City fees applicable to the Developer,
including but not limited to, City Water Department fees, City
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1999-156
Public Works fees, Parks and Recreation fees, building permits,
inspection fees or other exactions, and fees of any other
government agency. Developer shall be responsible for any and all
other street improvements not specifically mentioned herein or in
the Original Settlement Agreement, as amended.
This Agreement shall be governed in accordance with the
laws of the State of California. Any action brought to enforce or
interpret this Agreement or any part thereof, shall be brought in
the State of California, in the County of San Bernardino.
Each party hereto certifies that he, she or it has read
all of this Agreement and fully understands all of the same.
Any amendments hereto shall be in writing and signed by
both parties.
DATED: June ;<1, 1999
CITY OF SAN BERNARDINO,
a Califor ia municipal corporation
APPROVED AS TO FORM AND
DATED: June~, 1999
By:
SABO & GREEN,
A Professional Corporation
BY:l..~t...
Attorneys for
the City of San Bernardino
DEVELOPER
By:~~.a~~
Irvin M. Feldkamp ~
sbeo0121 tldoc\022.wpd
1999-156
CITY OF
San Bernardino
OFFICE OF THE MAYOR
.. U D I T H
II A Y 0 R
V ALL . .
~June30, 1999
Redevelopment Agency of the
City of San Bernardino
20 I North "E" Street, 3rd Floor
San Bernardino, CA 9240 I
Re; MORTGAGE ASSISTANCE FOR FELDKAMP PROPERTIES
Dear Mr, Van Osdel:
By this letter the City of San Bernardino ("City") and the Redevelopment Agency of the City
of San Bernardino ("Agency") hereby agree that pursuant to the First Amendment to Mutual Release and
Settlement Agreement between the City and Irving M. Feldkamp III ("Developer") dated October 21, 1997, as
further amended by the Second Amendment to Mutual Release and Settlement Agreement dated
Dc/cbet{ 1.1995', and Third Amendment to Mutual Release and Settlement Agreement dated June 2.L..> 1999,
the Agency shall use its best efforts to provide mortgage assistance to all buyers of the subject lots who qualify
for the Agency's Mortgage Assistance Program ("MAP"), However, MAP funds will be available on a first
come fIrst serve basis, Under the MAP, the Developer's buyers will receive assistance, if available, of no more
than the following amounts in the following years: 1999/2000 - $50,000; 2000101 - $100,000; 2001/02 - $50,000,
In the event the foregoing amounts are not used by Developer's buyers in the years granted, said amounts shall
not be carried forward, and thus shall not be available to the Developer's buyers in any subsequent year, The
foregoing grants shall be subject to all of the terms, conditions and qualifying criteria as may be specifIed in the
MAP as such terms, conditions and criteria exist at such time and consistent with the requirements imposed by
the funding source and other discretionary criteria as may be established by the Agency, Developer shall not
receive any waivers of terms in connection herewith.
Very truly yours,
CITY OF SA
ARDINO
By:
AGREED AND ACCEPTED;
By;
300 NORTH '0 STREET, SAN BERNARDINO.
CALIFORNIA 92418.0001
(I 0 I) , . " - 5 1 3; S . F" 1.11 . '} s . " . 5 0 . 7
CITY OF
San Bernardino
RACHEL
C L ARK
CITY CLERK
July 7, 1999
Errol Mackzum
San Bernardino County Recorder
222 West Hospitality Lane
San Bernardino, CA 92415-0022
Dear Mr. Mackzum:
Enclosed is Resolution 1999-156 adopted at the June 21, 1999 Mayor and Common
Council meeting.
Please record this document as soon as possible, and return it to my attention.
Sincerely,
Rachel Clark
City Clerk
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By: Melanie Miller
Senior Secretary
P. O. BOX 1318, SAN BERNARDINO, CA '2402
JOO NORrH 0 STREET SAN BERNARDINO.
CAllFOllNIA 924180001 ('0'1384-5002
(lJOlJ)384-S102 FAX-('OlJ)3.4-5158
TOO/TTY.(lJOlJ)J84.SS40