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Home My WebLink About1998-260 See Companion Reso1ution 15553 98-260 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF PROPERTY ON THE NORTHWEST CORNER 3 OF WATERMAN AVENUE AND BARTON ROAD FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO JMS WATERMAN, LLC. 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 WHEREAS, the City of San Bernardino, California (the "City'), is a municipal corporation and a charter city duly created and existing pursuant to the Constitution and the laws of the State of California; and 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 State of California (the "Act"); and WHEREAS, the City and the Commission have previously approved and adopted Redevelopment Plans (collectively hereinafter referred to as the "Redevelopment Plans") for various redevelopment project areas within the City which project areas include: the Meadowbrook-Central City Project Area, Central City North Project Area, Central City East Project Area, Central City South Project Area, Central City West Project Area, Tri-City Project Area, Southeast Industrial Park Redevelopment Project Area, South Valle Project Area, State College Project Area, Northwest Project Area, Uptown Project Area and the Mt. Vernon Project Area; and 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 22 23 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 24 25 26 27 28 of redevelopment; and WHEREAS, the Agency desires to sell to JMS Waterman, LLC., (the "Buyer") certain real property (the "Property") which is more fully described in Exhibit "A" attached hereto and incorporated herein by reference; and HTC/js [JMS.RES] 98-260 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF PROPERTY ON THE NORTHWEST CORNER 2 OF WATERMAN AVENUE AND BARTON ROAD FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO JMS WATERMAN, LLC. 3 4 5 6 7 8 9 10 11 WHEREAS, the Agency Staff has prepared and made available for public inspection a certain Summary Report (the "Summary") concerning the proposed sale, 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 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 disposition of the Property by the Agency to the Buyer; and WHEREAS, based upon evidence and testimony submitted to the Mayor and Common Council (the "Council"), it is reasonable and appropriate to approve the proposed sale. 12 13 14 15 16 17 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 sale of the Property as described is within the scope, terms and provisions of the Redevelopment Plans, is consistent with the Agency's previously approved Implementation Plans and will provide housing for low- or 18 19 20 21 22 23 24 25 26 27 28 moderate-income persons. SECTION 2. The Council and the Agency have held a public hearing on the disposition of the Property in accordance with Health and Safety Code Sections 33431 and 33433 and hereby accept and approve the Summary as prepared by Agency Staff. SECTION 3. The Council hereby finds and determines that the conveyance of the Property to the Buyer is reasonable and necessary to effectuate the purpose of the Redevelopment Plans, in that it will return funds to the low and moderate income housing fund to provide additional resources to create housing opportunities for low- or moderate-income persons. SECTION 4. The Council hereby further finds and determines that the consideration to be received by the Agency through the sale of the Property is equal to the fair market value of the IITC/is [JMS.RES] 2 98-260 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF PROPERTY ON THE NORTHWEST CORNER 2 OF WATERMAN AVENUE AND BARTON ROAD FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO JMS WATERMAN, LLC. 3 4 5 Property. SECTION 5. The Council hereby approves the proposed sale and conveyance of the Property to the Buyer subject to the deal points contained in the Agency Staff Report. 6 /II 7 /II 8 /II 9 /II 10 /II 11 /II 12 /II 13 /II 14 /II 15 /II 16 /II 17 /II 18 /II 19 /II 20 /II 21 /II 22 /II 23 1/1 24 /II 25 /II 26 /II 27 28 HTC/js [JMS.RES] 3 98-260 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF PROPERTY ON THE NORTHWEST CORNER 2 OF WATERMAN AVENUE AND BARTON ROAD FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO JMS WATERMAN, LLC. 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a requ1ar meetin thereof, held on the 8th day of September 6 COUNCIL MEMBERS: AYES NAYS 7 ESTRADA X 8 LIEN X 9 ARIAS X 10 SCHNETZ X II DEVLIN x 12 ANDERSON y 13 MILLER y 14 15 , 1998, by the following vote, to wit ABSTAIN ABSENT a.l.lh.~ 4o~ERK 16 17 18 19 20 21 The foregoing Resolution is hereby approved this ~) Lday of September , 1998. Approved as to form and 22 legal content: 23 JAMES F. PENMAN, City Attorney 24 25 26 27 / 28 " J . . /!' 'I'!.--..--< IITC(js IJMS.RES] 4 98-260 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF PROPERTY ON THE NORTHWEST CORNER 2 OF WATERMAN AVENUE AND BARTON ROAD FROM THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO JMS WATERMAN, LLC. 3 4 5 THE PROPERTY Lot 8, Tract No. 11414, in the City of San Bernardino, County of San Bernardino, State of 6 California, as per plat recorded in Book 157 of Maps, Pages 41 through 44, inclusive, records of said County. 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" HTC/js IJMS.RES]