HomeMy WebLinkAbout1996-351
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RESOLUTION NO. 96-351
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND PREMIS
PARTNERS PERTAINING TO THE DEVELOPMENT OF A WAREHOUSING
AND DISTRIBUTION FACILITY
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, corporate
and politic 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 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
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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
from the Agency; 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
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, a California
general partnership (the "Developer") desire to enter into a
certain Disposition and Development Agreement (the "Agreement"),
a copy of which is attached hereto as Exhibit "A" and
incorporated herein by reference, pursuant to which, among other
matters, the Developer would acquire from the Agency certain real
property (the "Property") which is more fully described in the
Agreement.
The Property is located in the Project Area.
The
transaction would be for purposes of causing the redevelopment of
the Property, as described in the Agreement, including
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construction thereon by the Developer of an approximately Two
Hundred Thousand square foot warehousing and distribution
facility (the "Project"); and
WHEREAS, the Agency Staff has prepared and made
available for public inspection a certain Summary Report (the
"Summary") concerning the proposed 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 have duly noticed and
conducted a public hearing in accordance with the requirements of
Health and Safety Code Section 33433 concerning the proposed
disposition of the Property by the Agency to the Developer
pursuant to the proposed Agreement; and
WHEREAS, the Agency has duly noticed and conducted a
public hearing in accordance with the requirements of Health and
Safety Code Section 33431 concerning the proposed disposition of
the Property by the Agency to the Developer pursuant to the
proposed Agreement; and
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WHEREAS, based upon evidence and testimony submitted to
the City Council, it is reasonable and appropriate for the City
Council to approve the proposed Agreement.
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 development of the Property as described in the proposed
Agreement 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 has held a public hearing on
the disposition of the Property in accordance with Health and
Safety Code Sections 33433 and hereby accepts and approves the
Summary as prepared by Agency Staff.
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Section 3. The Council hereby finds and determines
that the conveyance of the Property to the Developer pursuant to
the terms of the Agreement is reasonable and necessary to
effectuate the purposes of the Redevelopment 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.
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 Property.
Section 5.
The Council hereby approves the proposed
Agreement and the conveyance of the Property to the Developer.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AND PREMIS PARTNERS PERTAINING TO THE DEVELOPMENT
OF A WAREHOUSING AND DISTRIBUTION FACILITY
Section 6.
This Resolution shall take effect upon
the date of its 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
joint regular
meeting
thereof, held on the 4th
day of
November
1996, by the following vote, to wit:
NAYS
Council:
NEGRETE
CURLIN
ARIAS
OBERHELMAN
DEVLIN
ANDERSON
MILLER
AYES
x
x
x
x
x
x
ABSTAIN
ABSENT
x
~; Cf,~
cie Clerk
, 1996.
'--j I
The foregoing resolution is hereby approved this 'I ,-
November
day of
)ifu-a:-p . I /;1 ~I {/ C""< -
.
Norine Miller, Mayor Pro Tem
San Bernardino
Approved as to form and legal content:
By:
City Attorney
SBEO\OOOl\DOC\3176
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