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HomeMy WebLinkAbout1993-454 RESOLUTION 93-454 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN BLIGHT REDUCING ACTIVITIES FOR THE CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA OF THE AGENCY. WHEREAS, the City of San Bernardino, hereinafter called the "City", is a municipal corporation and a charter city duly created and existing pursuant to the Constitution of the laws of the State of California; and WHEREAS, the Community Development Commission of the City of San Bernardino, hereinafter called the "Commission", on behalf of the Redevelopment Agency of the City of San Bernardino, hereinafter called 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) and commencing within Sectiun 33000 of the Health and Safety Code of the State of California, hereinafter called the" Act"; tmd WHEREAS, the Agency may, in furtherance of its redevelopment purposes, 19 undertak.e redevelopment projects either within or without redevelopment project areas of 20 21 22 23 24 25 26 27 28 the Agency to the extent that it determines that such projects are of benefit to the project areas of the Agency; and WHEREAS, the Agency may undertake various blight reducing, planning and development activities, generally referenced herein as "Blight Reducing Activities", including but not limited to the demolition of the Plall Building located on the southeast corner of Seventh and "E" Streets for the development of a major state office facility; and I 93-451~ I. 2 improvements on the southeast corner of Seventh and "E" Streets located in the important 3 central business district within the Central City North Redevelopment Project Area will 4 benefit redevelopment project areas Central City North, State College, Southeast 5 6 Industrial Park, Northwest, South Valle, Tri City Uptown, Central City, Central City 7 West., and Mt Vernon Corridor in that: (I) that such Blight Reducing Activities are of 8 benefit to the redevelopment project areas of the Agency or the immediate neighborhoods 9 in which the projects are and (2) that no other reasonable means of financing such Blight 10 I] WHEREAS, it is in the interest of the City and the Agency that the Agency 12 13 causes the undertaking of Blight Reducing Activities in order to create jobs for the Citys ] 4 residents, remove blighting conditions from the downtown business area, thereby resulting ] 5 in positive impacts which have a direct effect on the viability, growth and development I (j of the aforementioned redevelopment project areas outside of the Central City 17 Redevelopment project area of the Agency; and 18 III ]9 20 III 2] III 22 III 23 III 24 III 25. 26 27 28 WHEREAS, the demolition of economically infeasible and functionally obsolete Reducing Activities is available of the community; and 2 93-45:&'1 WHEREAS, the undertaking of the Blight Reducing Activities will promote the 2 development of redevelopment project areas within the City which project areas include: 3 I the Central City North, State College, Southeast Industrial Park, Northwest, South Valle, 4 Tri City Uptown, Central City, Central City West, and Mt. Vernon Corridor 5 6 redevelopment project areas to the extent that it will make such project areas more 7 desirable for industrial, commercial or residential development which in turn will assist 8 in the elimination of blight within such areas; and 9 10 II WHEREAS, in order to promote the City's health, safety and welfare and ensure the orderly development of the Agency's various project areas, it is important that the Blight Reducing Activities be financed by the Agency; and 12 13 14 WHEREAS, it is appropriate at this time for the Mayor and Common Council of the City of San Bernardino to make certain findings and determinations and take certain 15 action with respect to the financing of the Blight Reducing Activities. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 18 SECTION I. The Recitals hereinabove are true and correct and are 19 20 incorporated herein by this reference. 21 /1/ 22 III 23 III 24 III 25 III 26 27 3 28 93-45.1'-1 II SECTION 2. The Council consents to the payment by the Agency of the 2 costs of the Blight Reducing Activities in order to implement the redevelopment plans of 3 4 the Agency for the reasons set forth in the Recitals hereinabove. The Council further finds and determines that no other reasonable means of financing the Blight Reducing 5 6 Activities is presently available to the City or the Agency and that the City and the 7 Agency require the use of revenues generated from the various project areas of the 8 Agency in order to fund the Blight Reducing Activities. 9 10 11 SECTION 3. The undertaking of the Blight Reducing Activities will allow the Agency to promote redevelopment within the project areas of the Agency by eliminating blighting conditions in the important downtown business area which in turn 12 13 will help stimulate development of such project areas and their immediate neighborhoods. 14 SECTION 4. The City Clerk is hereby authorized and directed to cause 15 this Resolution to be transmitted to the Community Development Commission for 16 appropriate action by that body. 17 Resolution shall take effect upon the date of its SECTION 5. This 18 19 adoption. 20 III 21 III 22 III 23 III 24 III 25 III 26 27 28 4 93-4siQ RESOLUTION UNDERTAKING CERTAIN BLIGHT REDUCING 2 ACTIVITIES FOR THE CENTRAL CITY NORTH, STATE COLLEGE, SOUTHEAST INDUSTRIAL PARK, NORTHWEST, SOUTH VALLE, TRI CITY, 3 CENTRAL CITY, CENTRAL CITY WEST AND MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREAS 01<' THE AGENCY. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 6 Mayor and Common Council of the City of San Bernardino at a reqular 7 8 meeting thereof, held on the 6th day of December 9 1993, by the following vote, to wit: 10 Council Members AYES NAYS ABSTAIN ABSENT x II NEGRETTE 12 CURLIN --X- HERNANDEZ x 13 OBERHELMAN x 14 - DEVLIN ---X..- 15 POPE-LUDLAM x - 16 MILLER ---X..- 17 18 X~~ 19 Y:t fJ~~ ~Cu; & The foregoing resolution is hereby approved this~ day of np<"pm~ ,~0i/~~ t . Tom Mmor, Mayor 20 1993. 21 22 Approved as to form 23 and legal content: 24 JAMES F. PENMAN 25 C~.ity Attorney By"~-"-==Ii..~) 26 27 28 5 Res 93-451~ I'OUllTH AMENDMENT TO PANtING LICENSE AND EASEMENT WITH OPTION RIGHTS THIS FOURTH AMENDMENT entered into and effective this day of , 1993, between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, hereinafter "Agency", and CENTRAL CITY COMMERCE CENTER, a California general partnership, as licensee, hereinafter "Center", and consented to by the CITY OF SAN BERNARDINO, hereinafter "City", amends that certain Parking License and Easement with Option Rights entered into between the parties on the 21st day of April, 1983, as previously amended pursuant to Resolution No. 4737 of the Community Development Commission and Resolution No. 85-84 of the City of San Bernardino, as further amended effective June 2, 1986, pursuant to Resolution No. 4884 of the Community Development Commission and Resolution No. 86-192 of the City of San Bernardino, and as further amended effective May 4, 1989 pursuant to Resolution No. 5187 of the Community Development Commission and Resolution No. 89-121 of the City of San Bernardino. RECITALS The parties hereto desire to amend that certain Parking License and Easement with Option Rights, hereinafter referred to as the "Agreement", heretofore entered into as specified above to further delay the start of a portion of the $20.00 per space, per month, lease payment. JBH:nml November 17, 1993 1 93-45)'<-\ IMPLEMENTATION The parties heretofore agree that: A. Paragraph 2.5 as added to the Agreement by the First Amendment dated April 4, 1985, and as amended by the Third Amendment dated May 4, 1989, is hereby amended to read as follows: "2.5 Notwithstanding the provisions of Section 2.3 above, payments by Center, as licensee, for the monthly parking space charges shall be postponed until August 31, 2003, at which time the monthly charges shall begin to be due and to be paid by Center to Agency. Except that Center shall pay the operation and maintenance costs for said parking spaces to Agency as periodically established. On August 31, 2003, the licensee shall forthwith commence monthly payments at the rate of $20.00 per month, per space, for each of the parking spaces included in the 'J' building and for each of the parking spaces covered by this agreement in the parking structure. This amendment shall have no effect whatsoever upon payment of the $13,000 annually involving reimbursement for the cost of establishing parking spaces in the 'J' JBH:nml November 17, 1993 2 93-45~" building, and the monthly per space charge shall be subject to adjustment periodically as provided for in Section 2.3" 3. In all other respects the Parking License and Easement with Option Rights as entered into on the 21st day of April, 1983, and as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date and year first set forth above. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO CENTRAL CITY COMMERCE CENTER A Calif. General Partnership By By NICHOLAS J. COUSSOULIS, A General Partner Chairman By By DR. JEROME T. TAUREK, A General Partner Secretary Approved as to form and legal content: ~_t1*/ Agency unsei JBH:nml November 17, 1993 3 93-451'" The City of San Bernardino hereby consents to this Agreement. ATTEST: CITY OF SAN BERNARDINO By: Tom Minor, Mayor City Clerk Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~~ 4