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RESOLUTION NO. 98-94
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING A CERTAIN AMENDMENT NO, 1
TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND PREMIS PARTNERS
WHEREAS, the Community Development Commission of the
City of San Bernardino (the "Commission") on behalf of the
Redevelopment Agency of the City of San Bernardino (the
"Agency"), is a redevelopment agency, a public body of the State
of California, organized and existing pursuant to the Community
Redevelopment Law (Part 1 of Division 24) commencing with Section
33000 of the Health and Safety Code of the St&te of California
(the "Act)"; and
WHEREAS, the Redevelopment Plan for the State College
Redevelopment Project (the "Redevelopment Plan") was previously
approved and adopted by the Mayor and Common Council of the City
of San Bernardino (the "Council") by duly authorized Ordinance of
the Council; and
WHEREAS, the Redevelopment Plan provides for the
redevelopment of real property pursuant to the Redevelopment Plan
both within and outside of the redevelopment project area which
is subject to the Redevelopment Plan (the "Project Area") by
owners thereof or by parties seeking to acquire real property
7 from the Agency; and
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WHEREAS, Section 33391 of the Act provides that a
redevelopment agency may acquire any interest in real or personal
property within a redevelopment project area or for the purposes
of redevelopment and Section 33430 of the Act provides that a
redevelopment agency may dispose of any interest in real or
personal property within a redevelopment project area or for the
purposes of redevelopment; and
WHEREAS, the Agency and Premis Partners (the
"Developer") previously entered into a certain Disposition and
Development Agreement (the "Agreement"), pursuant to which, among
other matters, the Developer agreed to acquire from the Agency
certain real property (the "Property") which is located in the
Project Area, The transaction was for purposes of causing the
redevelopment of the Property including construction thereon by
the Developer of an approximately Two Hundred Thousand square
foot warehousing and distribution facility (the "Project"); and
WHEREAS, the Agency Staff had previously prepared and
made available for public inspection a certain Summary Report
(the "Summary") concerning the Agreement, as required by Health
and Safety Code Section 33433, a copy of which is on file with
the Agency and is incorporated herein by reference; and
WHEREAS, the Agency and the City had previously duly
noticed and conducted a public hearing in accordance with the
requirements of Health and Safety Code Sections 33433 and 33431
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concerning the proposed disposition of the Property by the Agency
to the Developer pursuant to the Agreement; and
WHEREAS, the Agency and the Developer now deem it
necessary to amend the Agreement in order to consider the impacts
and costs of certain flood control improvements which are
required for the Project and which were previously unanticipated
and which now require a reduction in the Purchase Price to be
paid for the Property; and
WHEREAS, the Agency has deemed it desirable to enter
into Amendment No, 1 to the Agreement, a copy of which is
attached hereto as Exhibit A and incorporated herein by this
reference which Amendment No, 1 addresses the reduction in the
purchase price in order to provide for the flood control
improvements; and
WHEREAS, the City and the Agency have duly noticed and
conducted a public hearing in accordance with the requirements of
Health and Safety Code Section 33431 and Section 33433 concerning
the proposed amendment to the terms and conditions of the
disposition of the Property by the Agency to the Developer
pursuant to the proposed Amendment No.1; and
WHEREAS, based upon evidence and testimony submitted to
the City Council, it is reasonable and appropriate for the City
Council to approve the proposed Amendment No, 1,
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
Section 1, The Council finds and determines that
the disposition and development of the Property as described in
the proposed Agreement and as now modified by Amendment No, 1 is
within the scope, terms and provisions of the Redevelopment Plan,
is consistent with the Agency's previously approved
Implementation Plan and will help eliminate blighting conditions
in the Project Area by increasing the assessed valuation in the
Project Area and creating a significant number of employment
opportunities.
Section 2, The Council and the Agency have held a
public hearing on the modification to the disposition of the
Property as described in Amendment No.1 in accordance with Health
and Safety Code Sections 33431 and 33433 and hereby accepts and
approves the new Summary as prepared by Agency Staff,
Section 3. The Council hereby finds and determines
that the conveyance of the Property to the Developer pursuant to
the terms of Amendment NO.1 is reasonable and necessary to
effectuate the purposes of the Redevelopment Plan and the
Implementation Plan, in that it will permit the Developer to
develop the Property in order to eliminate blight, to create
employment opportunities and to increase the value of real
property in the Project Area,
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Section 4, The Council hereby further finds and
determines that the consideration to be received by the Agency
through the sale of the Property under Amendment No.1, taking
into account the costs of the required flood control
improvements, is equal to the fair market value of the Property.
Section 5, The Council hereby approves the proposed
Amendment No. 1 as attached hereto as Exhibit ~,
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A CERTAIN AMENDMENT NO, 1 TO THE DISPOSITION
AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND PREMIS PARTNERS
Section 6.
This Resolution shall take effect upon
the date of its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
City of
adopted by the Mayor and Common Council of the
San Bernardino at a joint regular
thereof, held on the 6th day of April
1998, by the following vote, to wit:
meeting
Council: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LIEN x
ARIAS x
SCHNETZ x
DEVLIN x
ANDERSON X
MILLER X
,~h,C~
The foregoing resolution is hereby approved this ~
day of April , 1998,
of
Approved as to form and legal content:
f\
~M T ,f?v<~~
,CJty Attorney
By:
SBEO/0001/DOC/3318
03/02/98 1126 MMC
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EXHIBIT "A"
AMENDMENT NO, 1 TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT
98-94
THIS AMENDMENT NO. 1 is entered into this ~ day of April, 1998, by
and between the Redevelopment Agency of the City of San Bernardino (the "Agency"), and Premis
Partners, a California limited partnership (the "Developer"),
THE PARTIES HEREBY AGREE AS FOLLOWS:
RECITALS
WHEREAS, the Agency and the Developer previously entered into that certain
Disposition and Development Agreement dated November 7, 1996 (the "DDA") pertaining to the
disposition and development of a certain real property located within the State College
Redevelopment Project Area; and
WHEREAS, in connection with the execution of the DDA, the Agency agreed to sell
certain property in order to cause the construction thereon of an approximately 200,000 square foot
warehousing and distribution facility all as more fully described in the DDA; and
WHEREAS, Developer has determined that certain flood control and water runoff
improvements are necessary in order to allow for the development of the property which flood
control improvements will require the importation of significant amounts of soil and fill; and
WHEREAS, the parties deem it desirable to amend the DDA to enable the Developer
to incur the costs associated with causing the necessary flood control improvements to the property.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1 Except as hereby amended, the DDA is in all respects ratified and
confirmed and all of the terms, provisions and conditions thereof shall be and remain in full force and
effect.
Section 2 Except as otherwise provided herein, all terms not otherwise defined
in this Amendment No, 1 shall have the same meanings in this Amendment No. 1 as those terms are
given in the DDA,
Section 3,
A new paragraph is added to Section 2,02 of the DDA to provide as
follows:
"The Purchase Price may be reduced by an amount equal to the actual costs of
causing the importation of soils and fill to the Property in order to facilitate the
improvement of the Property in such a manner as to prevent water run-off and
flooding problems provided, however, that such actual costs shall not exceed Three
Hundred Thirty-Three Thousand Five Hundred Dollars ($333,500). The actual
amount of the reduction of the Purchase Price shall be equal to the actual costs of the
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98-94
importation of such soil as established by the submission of satisfactory
documentation, approved through the Agency in its sole discretion, indicating
costs incurred by the Developer in causing the importation of soil and the
improvement of the Property to address the flood control issues,"
Section 4. This Amendment No. 1 may be simultaneously executed in
several counterparts, each of which shall be an original, and all of which shall constitute but one in
the same instrument.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as ofthe dates set forth below,
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
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By: , / ec;:t~;C< 0 I- '.
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Date: Wu,.L 13 111'J
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PREMIS PARTNERS
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