HomeMy WebLinkAbout1995-418
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RESOLUTION NO. 95-418
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING (i) A CERTAIN PURCHASE AND
SALE AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO
JOINT POWERS FINANCING AUTHORITY AND (ii) A
CONSTRUCTION SUPERVISION AND OPERATING AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND THE DEPARTMENT OF GENERAL SERVICES OF
THE STATE OF CALIFORNIA
WHEREAS, the City of San Bernardino, California (the
"City") is a municipal corporation and charter city duly created
and existing pursuant to the California Constitution and the laws
of the State of California; and
WHEREAS, the Community Development Commission of the
Ci ty of San Bernardino (the "Commission" ) on behal f 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 (California Health
and Safety Code Section 33000, et sea,) (the "Act"); and
WHEREAS, the Redevelopment Plan for the Central City
North 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
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1 WHEREAS, the Redevelopment Plan provides for the
2 redevelopment of real property pursuant to the Redevelopment Plan
3 both within and outside of the redevelopment project area which
4 is subject to the Redevelopment Plan (the "Project Area") by the
5 owners thereof or by parties seeking to acquire real property
6 from the Agency; and
7
8 WHEREAS, Section 33391 of the Act provides that a
9 redevelopment agency may acquire any interest in real or personal
10 property within a redevelopment project area for the purposes of
11 redevelopment and Section 33430 of the Act provides that a
12 redevelopment agency may dispose of any interest in real or
13 personal property wi thin a redevelopment proj ect area for the
14 purposes of redevelopment; and
15
16 WHEREAS, the Agency and the San Bernardino Joint Powers
17 Financing Authority, a California joint powers authority (the
18 "JPA"), desire to enter into a certain Purchase and Sale
19 Agreement (the "Sale Agreement") a copy of which is on file with
20 the City Clerk and incorporated herein by this reference,
21 pursuant to which, among other matters, the JPA would acquire
22 from the Agency an interest in certain real property located
23 between Fourth and Fifth Streets and "D" and "E" Streets in the
24 City (referred to herein as the "Sale Property" or "Parcel 3") as
25 more fully described in the Sale Agreement ; and
26
27 WHEREAS, the Agency and the Department of General
28 Services of the State of California (the "Department") desire to
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1 enter into a certain Construction Supervision and Operating
2 Agreement (the "Operating Agreement"), a copy of which is on file
3 with the City Clerk and is incorporated herein by this reference,
4 pursuant to which the Agency will grant to the Department the
5 option to purchase certain real property which is also located
6 between Fourth and Fifth Streets and "D" and "E" Streets
7 (referred to herein as the "Option Property" or "Parcel 4") in
8 the City as more fully described in the Operating Agreement; and
9
10 WHEREAS, the Sale Property and the Option Property are
11 located in the Project Area and the transactions contemplated
12 herein would be for purposes of causing the redevelopment of the
13 Sale Property and the Option Property, as described in the
14 respective Agreements, including construction thereon of an
15 office building and parking facility (the "Project"); and
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17 WHEREAS, Agency Staff has prepared and made available
18 for public inspection a certain Summary Report (the "Summary")
19 concerning the proposed disposition of the Sale Property and
20 granting of the option on the Option Property, as required by
21 Section 33433 of the Act, a copy of which is on file with the
22 Agency Secretary and is incorporated herein by this reference;
23 and
24
25 WHEREAS, pursuant to Health and Safety Code Section
26 33433, the Council is required to approve the disposition of the
27 Sale Property by the Agency to the JPA after public hearing since
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1 tax increment moneys were used by the Agency to finance
2 acquisition of the Sale Property; and
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4 WHEREAS, the Council has duly noticed and conducted a
5 public hearing in accordance with the requirements of Health and
6 Safety Code Sections 33431 and 33433 concerning the proposed
7 disposition of the Sale Property and granting of the option on
8 the Option Property by the Agency; and
9
10 WHEREAS, based upon the evidence and testimony
11 submitted to the Council at the public hearing relating to
12 disposition of the Sale Property and the granting of an option on
13 the Option Property, it is reasonable and appropriate for the
14 Council to approve the proposed Sale Agreement and Operating
15 Agreement,
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
18 COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
19
20 Section 1, The Council finds and determines that
21 the development of the Sale Property and the Option Property is
22 within the scope, terms and provisions of the Redevelopment Plan,
23
24 Section 2, The Council held a public hearing on the
25 disposition of the Sale Property and granting of an option on the
26 Option Property in accordance with California Health and Safety
27 Code Sections 33431 and 33433 and hereby accepts and approves the
28 Summary as prepared by Agency Staff,
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1 Section 3. The Council hereby finds and determines
2 that conveyance of the Agency's interests in the Sale Property
3 and the Option Property pursuant to the terms of the Agreements
4 and the provision of redevelopment assistance as more fully
5 described in the Agreements is reasonable and necessary to
6 effectuate the purposes of the Redevelopment Plan.
7
8 Section 4. The Council hereby finds and determines
9 that disposition of the Sale Property and granting of an option
10 on the Option Property will promote the redevelopment goals of
11 the Agency by facilitating the assembly of developable sites in
12 the Project Area, thereby permitting development of the Sale
13 Property and Option Property and promoting its most economically
14 viable use in order to eliminate blight, create employment
15 opportunities, and increase the value of real property in the
16 proj ect Area.
17
18 Section 5. The Council hereby approves the proposed
19 Sale Agreement providing for conveyance of the Agency's interest
20 in the Sale Property to the JPA, The Council further approves
21 the granting of an option to the Department pursuant to the terms
22 of the Operating Agreement.
23
24 Section 6. The Council hereby authorizes the Mayor,
25 City Clerk, and City Administrator or such other appropriate City
26 official or employee, to execute Parcel Map No, 14718 as has been
27 prepared on behalf of the Agency and such other documents as may
28 be necessary to evidence the approval by the City as an owner of
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1 a parcel within the boundaries of said Parcel Map No. 14718. The
2 council hereby acknowledges the ownership by the City of Parcel
3 No, 134-141-08 as the same will be included primarily within
4 Parcel No. 4 and a portion of said Parcel No, 134-141-08 will be
5 included within Parcel No.3 of Parcel Map No. 14718. The City
6 shall have an undivided ownership interest in Parcel No. 3 and
7 Parcel No, 4 in proportion to the contribution of said Parcel No,
8 134-141-08 to the applicable parcels being contributed by the
9 Agency within Parcel Map No, 14718.
10
11 Section 7. As soon as practicable after the date of
12 this Resolution, the Council hereby authorizes the City to
13 initiate and diligently proceed to implement to conclusion, all
14 applicable procedures necessary to convey the ownership interests
15 of the City in Parcel No. 3 and Parcel No. 4 of Parcel Map No,
16 14718 to the Agency in exchange for such consideration as may be
17 determined to be equal to the value of the interests to be so
18 conveyed by the City, The Mayor, City Clerk, and City
19 Administrator or such other appropriate City official or employee
20 are further authorized to execute such agreements and documents
21 with the Agency as may be approved by the City Attorney to
22 implement the transfer of title of the City's interests in Parcel
23 No, 3 and Parcel No.4.
24
25 Section 8, The Council hereby finds and determines,
26 based upon the information contained in the Staff Report
27 presented to the Council at the meeting as of this date, that the
28 understanding by the Agency of the transfer of Parcel No. 3 of
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1 Parcel Map No. 14718 to the JPA for the purposes of financing
2 construction of the Project shall not have any immediate adverse
3 impact upon the number or availability of public parking spaces
4 within the downtown San Bernardino area or within the boundaries
5 of the Parking District as authorized to be established pursuant
6 to Ordinance No, 3589 of the City of San Bernardino, as amended.
7 At such time as Parcel No. 4 of Parcel Map No, 14718 is improved
8 either as an urban landscaped area or developed for any use such
9 as an office complex, the Agency shall have the obligation at
10 such time to obtain satisfactory replacement parking to the
11 extent then required,
12
13 Section 9, This Council further finds and
14 determines that the actions herein authorized, including
15 recordation of Parcel Map No, 14718 and the financing and
16 construction of the Project on Parcel No. 3 of Parcel Map No.
17 14718 shall not have any adverse effect upon the provision of
18 public parking within the areas contemplated by the $1,950,000
19 Redevelopment Agency of the City of San Bernardino, Parking
20 Facilities Lease Revenue Bonds, Issue of 1977 (the "Parking
21 Facilities Bonds"), nor shall any such actions of either the City
22 or the Agency diminish the obligations of the City to remit the
23 necessary payments of Base Rental and Additional Rental in the
24 amounts and at the times as required pursuant to the Parking
25 Facilities Lease dated as of February 1, 1977, by and between the
26 City and the Agency.
27 III
28 III
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING (i) A CERTAIN PURCHASE AND SALE AGREEMENT BY
2 AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND THE SAN BERNARDINO JOINT POWERS FINANCING
3 AUTHORITY AND (ii) A CONSTRUCTION SUPERVISION AND OPERATING
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
4 SAN BERNARDINO AND THE DEPARTMENT OF GENERAL SERVICES OF THE
STATE OF CALIFORNIA
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Section 10,
The findings and determinations herein
shall be final and conclusive. 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
regular
meeting thereof,
San Bernardino at a
held on the
day of
December
, 1995, by the
4th
following vote, to wit:
14 Council:
ABSTAIN
ABSENT
AYES
NAYS
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NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
x
x
x
x
x
x
x
Wi
21 day of
The foregoing
December
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Approved as to
form and legal content:
By:
City Attorney
SBEO\01l9\DOC\13
11 \29\95 430 ct
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