HomeMy WebLinkAbout1991-301
1
2
3
4
5
6
7
8
9
10
11
12
RESOLUTION NO.
91-301
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FIRST AMENDMENT TO THE JOINT
DEVELOPMENT AGREEMENT WITH DUKES-DUKES AND ASSOCIATES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute that certain First Amendment to the Joint Development
Agreement with the Redevelopment Agency of the City of San
Bernardino and Dukes-Dukes and Associates relating to Orangewood
Estates to substitute Phase III for Phase II and Phase II for
Phase III, in a form as attached hereto as Exhibit "A".
SECTION 2.
The authorization to execute the above-
13 referenced agreement is rescinded if the parties to the agreement
14 fail to execute it within sixty (60) days of the passage of this
15 resolution.
16 I HEREBY CERTIFY that the foregoing Resolution was duly
17
18
19
adopted by the Mayor and Common Council of the City of
San Bernardino at a r"9u1ar meeting thereof, held on the
1st day of
July
, 1991, by the following vote, to wit:
20 I I I
21 III
22 III
23 III
24 III
25 III
26 I I I
27 I I I
28 I I I
DABlbg [Dukes.Res]
1
June 27, 1991
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE FIRST AMENDMENT TO THE JOINT
DEVELOPMENT AGREEMENT WITH DUKES-DUKES AND ASSOCIATES.
Council Members: AYES NAYS ABSTAIN
ESTRADA x
REILLY x
HERNANDEZ x
MAUDSLEY x
MINOR x
POPE-LUDLAM x
MILLER x
i) .. ..
LA'l-<A.,LC-
, City
n
. t/L"(.--{----:V'l...:._'" .j.---
Clerk ,I
of
The foregoing Resolution is hereby approved this
July , 1991.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
~)
DAB/bg [Dukes. Res]
2
June 27, 1991
.
.
Res. 91-301
1 FIRST AMENDMENT TO
2 JOINT DEVELOPMENT AGREEMENT
3
4 THIS AMENDMENT TO AGREEMENT, made this 1st day of
5 July , 1991, by and between the REDEVELOPMENT AGENCY OF
6 THE CITY OF SAN BERNARDINO, (hereinafter referred to as "Agency"),
7 the CITY OF SAN BERNARDINO, a Charter City duly organized and
8 existing pursuant to the Constitution of the State of California,
9 (hereinafter referred to as "City"), and DUKES-DUKES & ASSOCIATES,
10 INC., a California Corporation, (hereinafter referred to as
11 "Dukes" ).
12 RECITALS
13 A. WHEREAS, the parties entered into that certain Joint
14 Development Agreement, dated April 20, 1990, and recorded on May
15 22, 1990, as Document Number 90-199231, official records of San
16 Bernardino County; and,
17 B. WHEREAS, the parties desire now to amend said Joint
18 Development Agreement to revise the time schedules for the phases
19 to be constructed; and
20 NOW THEREFORE, the parties hereto agree as follows:
21 1. Section 2.1 of the Agreement is amended to read as
22 follows:
23 "2.1 Ci ty hereby agrees to convey the City
24 property to Dukes for the purchase price of One
25 Million Nine Hundred Thousand Dollars ($1,900,000.00)
26 payable in Twenty-Five Thousand Dollar increments upon
27 the sale of each of the completed homes on the City
28 property on Phases I and II. Such purchase price will
DAB/bg [Dukes. lAm] 1 June 26, 1991
.
.
1 be evidenced by a Promissory Note substantially in the
2 form of Exhibit "C", and secured by a Deed of Trust
3 substantially in the form of Exhibit "D" covering the
4 units in the City property, which will be released as
5 to each lot upon close of escrow for the sale of the
6 completed home constructed on that lot."
7 2. Section 2.3 of the Agreement is amended to read as
8 follows:
9 "2.3 In Phase II, the 49 units will be built in
10 two groups. Group A will be composed of 24 units,
11 (shown on Exhibit "G"). and Group B will be composed
12 of 25 units, (shown on Exhibit "H"). Construction of
13 Group A will commence on or before July 15, 1991.
14 Construction of Group B will commence on or before
15 November 15, 1991."
16 3. Section 2.4 of the Agreement is amended to read as
17 follows:
18 "2.4 In Phase III, the 38 units on the Dukes
19 property will be built in two groups. Group A will be
20 composed of 19 units, (shown on Exhi bi t " I" ) , and
21 Group B will be composed of 19 units, (shown on
22 Exhibi t "J"). Construction of Group A will commence
23 on or before March 15, 1992. Construction of Group B
24 will commence on or before August 15, 1992."
25 4. Section 3.3 of the Agreement is amended to read as
26 follows:
27 "3.3 Upon commencement of construction of the
28 units in Group A of Phase II, the Agency will loan to
DAB/bg [Dukes. lAm] 2 June 26, 1991
I -
.
.
1 Dukes a third temporary construction loan in the
2 approximate amount of Two Million One Hundred Fifty-
3 Three Thousand Eight Hundred Seventy-One Dollars and
4 Fifty Cents) ($2,153,871. 50) to build 24 homes in
5 Group A. Dukes will pay CDD 1.5% of such loan prior
6 to receipt of the loan for a loan fee and for
7 disbursement administration. Said loan shall be
8 subject to a floating interest rate of 1.5 points over
9 prime as determined by Bank of America. Said loan
10 will be evidenced by a Promissory Note substantially
11 in the form of Exhibit "c" and secured by a Deed of
12 Trust substantially in the form of Exhibit "D", which
13 shall be partially released as each home is sold upon
14 the payment of the proportional amount due of the
15 remaining principal and interest for that unit,
16 including the unit's share of the cost of the models.
17 Said Deed of Trust will be junior to that Deed of
18 Trust described in Paragraph 2.2."
19 5. Section 3.4 of the Agreement is amended to read as
20 follows:
21 "3.4 Upon commencement of construction of the
22 units in Group B of Phase II, the Agency will loan to
23 Dukes a fourth temporary construction loan in the
24 approximate amount of Two Million One Hundred Fifty-
25 Three Thousand Eight Hundred Seventy-One Dollars and
26 Fifty Cents ($2,153,871.50) to build the 25 homes in
27 Group B. Dukes will pay CDD 1.5% of such loan prior
28 to receipt of the loan for a loan fee and for
DAB/bg [Dukes. lAm] 3 June 26, 1991
.
.
1 disbursement administration. Said loan shall be
2 subject to a floating interest rate of 1.5 points over
3 prime as determined by Bank of America. Said loan
4 will be evidenced by a Promissory Note substantially
5 in the form of Exhibit "c" and secured by a Deed of
6 Trust substantially in the form of Exhibit "D", which
7 shall be partially released as each home is sold upon
8 the payment of the proportional amount due of the
9 remaining principal and interest for that unit,
10 including the unit's share of the cost of models.
11 Said Deed of Trust will be junior to that Deed of
12 Trust described in Paragraph 2.2."
13 6. Sections 3.5 and 3.5.1 of the Agreement are deleted.
14 7. Section 3.6 of the Agreement is amended to read as
15 follows:
16 "3. 6 Upon commencement of construction of the
17 units in Group A of Phase III, the Agency will loan to
18 Dukes a sixth temporary construction loan in the
19 approximate amount of One Million Six Hundred Sixty-
20 Nine Thousand Six Hundred Sixty-Eight Dollars
21 ($1,669,668.00) to build the 19 homes in Group A.
22 Dukes will pay CDD 1.5% of such loan prior to the
23 receipt of the loan for a loan fee and for
24 disbursement administration. Said loan shall be
25 subject to a floating interest rate of 1.5 points over
26 prime as determined by Bank of America. Said loan
27 will be evidenced by a Promissory Note substantially
28 in the form of Exhibit "c" and secured by a Deed of
DAB/bg [Dukes. lAm] 4 June 26, 1991
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.
.
Trust substantially in the form of Exhibit "0", which
shall be partially released as each home is sold upon
the payment of the proportional amount of the
remaining principal and interest due for that unit,
including the unit's share of the cost of the models."
8. Section 3.7 of the Agreement is hereby amended to read
as follows:
"3.7 Upon commencement of construction of the
units in Group B of Phase III, the Agency will loan to
Dukes a seventh temporary construction loan in the
amount of One Million Six Hundred Sixty-Nine Thousand
Six Hundred Sixty Eight Dollars ($1,669,668.00) to
build the 19 homes in Group B. Dukes will pay COD
1.5% of such loan prior to the receipt of the loan for
a loan fee and for disbursement administration. Said
loan shall be subject to a floating interest rate of
1.5 points over prime as determined by Bank of
America. Said loan will be evidenced by a Promissory
Note substantially in the form of Exhibit "c" and
secured by a Deed of Trust substantially in the form
of Exhibit "0", which shall be partially released as
each home is sold upon the payment of the proportional
amount of the remaining principal and interest due for
that unit, including the unit's share of the cost of
the models."
9. Sections 3.8 to and including 3.9.1 are deleted.
III
III
DAB/bg [Dukes. lAm]
5
June 26, 1991
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
"
10. Exhibits "G", "H", "I" and "J" to the Agreement are
and incorporated herein.
amended as shown in Exhibits "G", "H", "I" and "J" attached hereto
11. Exhibits "K", "L" and "M" to the Agreement are deleted.
in full force and effect.
12. Except as amended herein, said Agreement shall remain
IN WITNESS WHEREOF, the parties hereto have executed this
ATTEST:
Amendment to Agreement on the day and date
~~~
ATTEST:
~~,
Secret ry
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
B7'~h)
./
Approved as to form
and legal content:
By:~~J
~gency Co el -
DAB/bg [Dukes. lAm]
REDEVELOPMENT AGENCY
DEVELOPMENT COMMIS ON
ITY
DUKES-DUKES & ASSOCIATES, INC.
Ol{/J~
By: Q .-14 .J
P'-
By:
6
June 26, 1991
;
.I
~
J
I
I
)
STAlE OF CALIFORNIA /. }$s.
COUNTY OF.5'_ /?P'''''_'H "" )
On ..:r~ ~y /~ /9'1/ before me, AJ e>5l-(Jr AJ... Z'l""V
personallyappeared JfJllI1 0... K...5 P BJI/ /)itA:.....- DHJ,.~..J
1 IJ s ~ · C I 4:1 (!' oS z;, c.. . personally known to me (or prOVed
-
10 me on the basis at salisfactory evidence) to be the person(s) whose name(s) Islare subscrtbed to the within
instrument and acknowledged 10 me that helshelthey executed the same in hislherltheir authorized capacity(ies),
and that by hislherltheir signatura(s) on the instrument the perso
person(s) acted, executed the instrument.
u on beha~ of which the
CJFICW. .1lL
IUTllAlIo\lMII
IIOT..... ....!C- CAlFlIIM
-1BI1'1II":a.wrv
II\' 0111 Ill.. Uf. I, 1112
~
WITNESS my hand and offjcla/ _I.
Signature ;f/~, )/~
!
(This area for offiCial notarial seal)
19 th Street
_rrow Vista Proposed P~e 2, Revised 6/26/91
37 3
38 1 N
39 2
IRH~:
40 1
41 3 p
e
42 1 L n
::::::~:::::::;:::::::::~;-1~::::='?::=:::"~;'" .(.,"....:...."..;,..,.,...,.,:.:.:.:.;.,:::::::;f,w:;;:;:::::::rm:r:--<<-: f-r,:=.:,;%:C:;:;;%;
43 1 S
2 y
44 I
V
45 1 a
3 n
46 .
I
1 L a
47
48 2
49 1
( EXHIBIT "G" )
r """
3 1 2 1 3 2 3
L
36 35 34 33 32 31 30
"-
t
~gIgg~t1gm~~1
Lincoln
r 1 "
9
2 8
3 7
1 6
h'.-:-:->>"""'>>:"X~ x";,x,;,:_,x"'x<<.-..-<<<w.<<,,;<</,<<'.x :.w..-.-.
%1%%iil<...w."'"'""'."'.'.'.'^".'.'3'"m<<'X.'A;.'.'''"
1
4
30
1
10
3
3
1
29
3
3
11
""
~
28 2
2L 13
I.......................... ...... .......1
eftg~~?~g~...ffgmg~;
r
"
1
2
&;"::stf:<<::;':::-~'
--t:I:::rif1f1f~1~!:t$%::~:.
r
.,.,
1 L :~~ 3
:;s 14
27 'x,
H
.:.:.,.
~:.>:
3 ~:!\;mm'ii"j@@WiJi1tWr~%i"".
26 1 15,
25 1 L 3 L 16
24 2 1 17
23 3 3 18
22 3 1 L 19
21 1 L 2 20
3
1
"-
~
Map Not to Scale Legend 1-1573, 2 -1672. 3 -1859, 49 Total Revised 6/26/91
19 th Street
flrrow Vista Proposed P ., e 2, Revised 6/26/91
( EXHIBIT "H" )
Nt 3 1 2 1 3 2 3
L
36 34 33 32 31
35 30
37 3
38 1
39 2
40 1
41 3
42 1 L
:M%~'=t~~t!@:Bt3~t%ffJ.1fu...~:t#tt1:tH%m%::~
43 1
44 2
45 1
46 3
47 1 L
48 2
49 1
Lincoln
I P/iase2B24t1omes I
....:::>:::u::...:.:_:.:.:.:.,:,:...:...:.,:,:.:,:,:u"'c.,:,.:.:.,:,....:.:...,:..........-..................:
30 1
1
10
p
e
29
3
3 11
n 28 2
.~:f:m;.=:tJ*:m:t::.:::Q/.~:J.~:~,.
2L 13
s
y
I
v
a
n
i
a
:....>>:0. ,",,<,
-@ht:;';;~w;;$%r~~.ffi%~f.J>>.::::.
;.;:.;
1 L ~::::; 3
27 t~ 14
.;-;.:.
~:::~
%
H
x:,:;
3 .:~:@m:ra;:~;:;:;:r:~g%~r:~H:;:.:;:;:;:r;:;Mr
26 1 15
25 1 L 3 L 16
24 2 1 17
23 3 3 18
22 3 1 L 19
21 1 L 2 20
r 1 ""
9
2 8
3 7
1 6
.. ....:-:<*">,.,...:.,Wh:-:.;.:.:.:..'....,.~..v....:-:.:..~..............'..
~%m%;",,>k,,0"'"=m^""'3">"9,"'.""''';''''''''
1
4
3
3
\..
J
I I
Phase2A'25 homes)
r
"\
1
2
3
1
Map Not to Scale Legend 1-1573. 2 -1672.3 -1859. 49 Total Revised 6/26/91
\..
~
~
2 EXIJB~ "I"~ .
m
o 15
1
3
[!]
[!]
o
1
1
2
14
13
12
II
9
17
17TH STRE
SEE SHEET ~.
18
2
31
19
20
21
.22
23
24
... . A-" . TI"'IT.'^ ,Y UNITS "....
PHASE 3",',19\1 \.:I. /;\L::' . ,U::1};
, o'1573t5':1.6A7':"2'5'6~18"5~'9'~ ~~'::~l'2 14TH STREET
>~ ...",.. _ _ ____,t_,'c-______ ____'@%_l",::,,"" . _
ARROW VISTA
PHASE 3 PLOT PLAN
MAP NOT TO SCALE
LEGEND: 1-1573, 2-1672, 3-1859
38 TOTAL UNITS.
15-1573,10-1672,11-1859
L= left or reversed floor plan
Revision Date 6/25/91
ASEL~~;ITQJAg~JNITS
'1573, 2-1672{;7~1 9
SEE SHEET 3.
fiF"
E
s
1 17TH STRE 8e!]
17 SEE SHEET 4. ~.
"
3 18 31 2 32 IT] 70]
2 19 30 [!] 33 [!] 6[!]
[!] 20 29 rn 34 OJ 5[!]
[!] 21 28 [!] 35 [!] 4[!]
C . G
. L
. L I-
Y ::: E .
1 .22 o ili 0 36 [!] N on 3[!]
l-
E w '27 V ...
...
... I J:
.. ..
S E ...
T W::: 2 [ill
1 23 R [!] 37 rn
E 26 S
E T
T R
2 E
24 0 38 IT] E 10]
25 T
m
[!] 15
~
14
ARROW VISTA
PHASE 3 PLOT PLAN
MAP NOT TO SCALE
LEGEND: 1-1573,2-1672,3-1859
38 TOTAL UNITS.
15-1573,10-1672,11-1859
L= left or reversed floor plan
Revision Date 6/25/91
2
EXHIBIT "J" l_
m [!]
o
10 [!].
13
12 II
9
14TH STREET
SEE SHtET 3.
Ilh-
E
s