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HomeMy WebLinkAbout1990-501 . SBEO/0001/388/es 12/12/90 3:45 RESOLUTION NO. 90-501 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE SALE OF CERTAIN PROPERTY AND MAKING CERTAIN FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF THE REDEVELOPMENT AGENCY'S ACQUISITION OF SUCH PROPERTY 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 ci ty 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, pursuant to section 33445 of the Act, the Agency may, with the consent of the Mayor and Common Council of the city (the "Council"), pay all or part of the costs of installation and construction of any building, facility, structure or other - 1 - improvement which is publicly owned either within or without the boundaries of a redevelopment project area if the Council determines: (1) that such buildings, facilities, structures or other improvements are of benefit to the redevelopment project area or the immediate neighborhood in which the project is located, regardless of whether such improvements are within another project area, or in the case of a project area in which substantially all of the land is publicly owned, that the improvements are of benefit to the adjacent project area of the Agency, and (2) that no other reasonable means of financing such buildings, facilities, structures or other improvements is available to the community, and such determination by the Agency and the Council shall be final and conclusive; and WHEREAS, the City and the Commission have previously approved and adopted a Redevelopment Plan for the Southeast Industrial Park Redevelopment Project Area (the "Redevelopment Plan"); and WHEREAS, the Agency has deemed it desirable to acquire from the city certain property (the "Property") generally located at the intersection of Arrowhead Avenue and Orange Show Road within the Central City South Redevelopment Project Area, which Property is more fully described in Exhibit "A" attached hereto and incorporated herein by this reference and which Property was - 2 - originally intended for use by the city as the site for city's Water Department facilities; and WHEREAS, the City deems it desirable at this time to authorize the sale of the Property to the Agency for an amount equal to the city's actual costs of the Property, plus interest, which amount is presently estimated to be Five Million One Hundred Sixty Seven Thousand Dollars and sixty Nine Cents ($5,167,000.69) (the "Purchase Price") and which Purchase Price has been determined to be equal to or greater than the fair market value of the Property; and WHEREAS, the City proposes to deposit the Purchase Price paid by the Agency for the Property into the City's Water Fund and the City deems it appropriate at this time to approve such deposit of the Purchase Price as payment in full for the Property; and WHEREAS, the city deems it desirable to cause the execution and transfer of a grant deed to the Property upon the deposit by the Agency of the Purchase Price for the Property into the City's Water Fund; and WHEREAS, the city deems it desirable to consent to the acquisition by the Agency of the Property through the use of certain proceeds of the $5,700,000 Joint Powers Financing - 3 - Authority, Tax Allocation Bonds, 1990 Series F (Southeast Industrial Park Redevelopment Project Area) (the "1990 Bonds"); and WHEREAS, the City also deems it desirable to consent to the Agency's use of certain tax increment revenues attributable to the Southeast Industrial Park Redevelopment Project Area in an amount equal to $407,047.57 to reimburse the City's Board of Water Commissioners for administrative, architectural and engineering costs and expenses incurred by the City's Board of Water Commissioners in connection with the proposed relocation to the Property and abandonment of operations on the current City maintenance yard; and WHEREAS, the city's Board of Water Commissioners has on December 10, 1990 taken official action to approve the transactions as hereinabove described as they relate to the Board of Water Commissioners; and WHEREAS, the City deems it desirable to approve the Agency's acquisition of the Property since such acquisition will make available to the Agency certain tax increment revenues attributable to the Southeast Industrial Park Redevelopment Project Area through the repayment of a certain loan transaction by and between the Agency and the San Bernardino Joint Powers Financing Authority (the "Authority") which tax increment revenues may then be used by the Agency to undertake redevelopment projects in - 4 - accordance with the provisions of the Redevelopment Plan for the Southeast Industrial Park Redevelopment project Area; and WHEREAS, because of the proximity of the Property and the Central City South Redevelopment Project Area to the Southeast Industrial Park Redevelopment Project Area, the Agency's acquisition of the Property and its ability to control the use of the Property in a manner which is consistent with the Agency's redevelopment goals and objectives, will provide a benefit to the Southeast Industrial Park Redevelopment Project Area. WHEREAS, because of the interaction between the various redevelopment project areas of the Agency, the ability of the Agency to utilize a source of funds in one project area by undertaking redevelopment activities in another project area will benefit all project areas of the Agency; and WHEREAS, it is appropriate at this time for the Council to make certain findings and determinations and take certain actions with respect to the acquisition by the Agency of the Property which is located in the Central city South Redevelopment Project Area, through the use of proceeds of the 1990 Bonds and the reimbursement of an amount equal to $407,047.57 to the city's Board of Water Commissioners. - 5 - BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals hereinabove are true and correct and are incorporated herein by this reference. SECTION 2. The Council hereby consents to the payment by the Agency of the Purchase Price of the Property and the expendi ture of the tax increment revenues from the Southeast Industrial Park Redevelopment Project Area in an amount equal to $407,047.57 for the reasons set forth in the recitals hereinabove. SECTION 3. The Council further finds and determines that no other reasonable means of financing the acquisition of the Property other then through the use of revenues available through the 1990 Bonds is presently available to the City or the Agency and that the City and the Agency require the use of revenues from the proceeds of the 1990 Bonds in order to fund the acquisition of the Property. The acquisition of the Property will be of benefit to the Southeast Industrial Park Redevelopment project Area to the extent that it shall cause to be made available certain otherwise encumbered tax increment revenues which now may be used to undertake the redevelopment projects in the Southeast Industrial Park Redevelopment Project Area which in turn will help improve the economic viability and growth potential of the Southeast Industrial - 6 - '. . Park Redevelopment Project Area and help eliminate blight in the Southeast Industrial Park Redevelopment Project Area. SECTION 4. The Council hereby authorizes the sale of the Property to the Agency for the agreed upon Purchase Price as hereinabove described which Purchase Price is at least equal to the fair market value of the Property. SECTION 5. The city hereby agrees that any deposits of the Purchase Price by the Agency shall be made to the City's Water Fund and shall be deemed to be payment in full for the Property by the Agency. SECTION 6. Upon deposit of the Purchase Price into the city's Water Fund, the City hereby authorizes the execution of a grant deed conveying fee title of the Property to the Agency and further authorizes the execution and delivery of any additional documents which may be necessary to cause the conveyance of the Property. SECTION 7. The findings and determinations of the Council as set forth hereinabove shall be final and conclusive. - 7 - '. ' RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE SALE OF CERTAIN PROPERTY AND MAKING CERTAIN FINDINGS AND DETERMINATIONS AS TO THE BENEFIT TO THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF THE REDEVELOPMENT AGENCY'S ACQUISITION OF SUCH PROPERTY SECTION 8. This Resolution shall take effect upon 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 reqular meeting thereof, held on the 17th day of December , 1990, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER ~ ---X...- ---X...- ---X...- ---X...- ---X...- ---X...- day of The foregoing resolution is hereby December , 1990. ~ 20th w. of Approved as to form and legal content: B~_J CJ. Y At ey 10... SBEOOOOl \DOC\388 - 8 - .' ~ . . . ' ' . . . . EXHIBIT "A" 'l'HAT PORTION OF LOTS 44 AND 45, BLOCK 54, RANCHO SAN BERNARDINO, IN THE CI'l'Y OF SAN BERNARDINO, COUN'l'Y or SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BQOJt 1 OF MAPS, PAGE 2, RECORDS OF SAID COUN'l'Y, HORE PARTICULARLY DESCRIBED AS FOLLOWS, COHMENCING AT THE SOUTHEAST CORNER OF SAID LOT 45, THENCE SOUTH 89 DEG. 54' 30" WEST ALONG THE SOUTH LiNE OF SAID LOT 45, 400,00 FEET TO A POIN'!' HEUIN REFERRED TO AS POINT. "A", THENCE NORTH 0 DBG. 06' 51. WEST (UCORD 0 DEG. OS' 45"), 791.06 FBET TO THE '!'RUB POINT OF BEGINNING, THENCE NORTH 0 DEG. 06' 51. WEST (RECORD o DEG. OS' 45"), 743.17 FEET TO THE SOUTHEAST CORNER OF TRACT NO. 5907, RECORDBD IN BOOJt 79 OF HAPS, PAGES 51 AND 52, RECORDS OF SAID COUNTY, THENCE SOUTH 89 DIG. 53' 39" WEST (RECORD 89 DEG. 53' 50.), 200 FEET ALONG THE SOUTH LINE OF SAID TRACT NO. 5907; THENCI SOUTH 0 DEG. 06' 51" EAS~ (RECORD 0 DIG. OS' 45.), 100 FElT; THENCE SOUTH 89 DEG. 53' 39" WEST (RECORD 89 DEG. 53' SO"), 100 FEET; THENCE NORTH 0 DEG. 06' 51. WEST (RECORD 0 DEG. OS' 4s.), 100 FEET TO A POIN'!' ON THE SOUTH LINE OF SAID TRACT NO. 5907, 'l'HBNCE SOUTH 89 DEG. 53' 39" WEST, (RECORD 89 DEG. 53' 50"), 593.11 (RECORD 593.45) FEET ALONG THE SOUTH LINE or SAID TRACT NO, 5907 AND ITS PROLONGATION TO THE EAST LINB OF ARROWHEAD AVENUE, 82.5 FEET IN WIDTH, THENCE SOUTH 0 DEG. 09' 00. WEST (RECORD 0 DEG. 09' 30"), 752,88 FEET, PARALLEL WITH AND 41.25 FEET EASTERLY OF THE CEN'!'ER LINE OF SAID ARROWHEAD AVENUE, THENCE NORTH 89 DEG. 16 ' 20. EAST, 896 . 86 FEET TO THE TRUE P(,IN'!' OF BEGINNING.