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HomeMy WebLinkAbout2005-012 ,'.. (See Companion Reso Nos. CDC/2005-2; CDC/2005-3; 2005-13) I RESOLUTION NO. 2005-12 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERARNDINO APPROVING THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") AND LEASE AGREEMENT ("LEASE") BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") AND EL PASEO PETROLEUM, LLC. ("DEVELOPER")- 5TH & MT. VERNON IN THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA 3 4 5 6 7 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") 8 is a public body corporate and politic; and WHEREAS, the Agency and EI Paseo Petroleum, LLC, a California limited liability company (the "Developer") wish to enter into a Disposition and Development Agreement (the "Agreement") and Lease Agreement (the "Lease Agreement") wherein the Agency will acquire and assemble certain property located in the Mt. Vernon Corridor Redevelopment Project Area (the "Phase I Properties") and allows for future acquisition and assemblage of certain additional property located in the Mt. Vernon Corridor Redevelopment Project Area (the "Phase II Properties"); and WHEREAS, the Agency currently owns the following parcel of Phase I Property: APN: 9 10 11 12 13 14 15 16 17 0138-115-03; and 18 WHEREAS, the Agency intends to acquire through negotiation or the exercise of the power of eminent domain the following additional Phase I Properties: APN: 0138-115-02; 19 20 APN: 0138-115-04; APN: 0138-115-05; APN: 0138-115-06; and APN: 0138-115-07; and 21 WHREAS, the Agreement provides that once the Agency has acquired and assembled all 22 of the Phase I Properties, it intends to lease the Phase I Properties (alternatively, the "Site") to 23 the Developer pursuant to the Agreement and Lease Agreement dated as of January 10, 2005, 24 wherein the Developer will construct certain private, commercial improvements on the Site, 25 which improvements include an ARCO-Branded Service Station consisting of nine multiple P:\AJCndu;\Raoiutioat\Raoiutions\200SI05-0I-IO EI hIco MCC ILc:Io D.doc 1 ,~ 2005-12 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 point dispensers which will provide 18 fueling stations and associated underground storage tanks, an AMlPM Mini-Mart, and a self-service car wash, and the proposed AMlPM Mini-Mart will include a license to sell beer and wine beverages intended for off-site consumption (the "Project"); and WHEREAS, the Developer shall develop and improve the Site as may hereafter b transferred by the Agency to the Developer pursuant to the Agreement and Lease Agreement using the design and improvement standards which will be consistent with all City conditiona use development permit and entitlement requirements which will be formally applied for by th Developer upon execution of the Lease Agreement and subject to approval by the Plannin Commission; and WHEREAS, if the Phase II Properties are acquired and are available for disposition b the Agency in the future to the Developer, in the sole and absolute discretion of the Agency, separate public hearing will be conducted authorizing the disposition of such Phase II Propertie for commercial development purposes pursuant to terms and conditions of a developmen agreement; and WHEREAS, the Agency has prepared and published a notice of joint public hearing i The San Bernardino County Sun Newspaper on December 6, 2004 and December 13, 2004 regarding the consideration and approval of the Agreement; and WHEREAS, pursuant to Health and Safety Code Section 33433(c), the Agency ma transfer the Phase I Properties to he Developer subject to the Mayor and Common Counci adopting a Resolution authorizing the Agency to transfer such property in light of the finding set forth herein, pursuant to Health and Safety Code Section 33433; and WHEREAS, the Agency has prepared a Sununary Report that describes the salient point of the Agreement and identifies the cost to the Agency of the disposition of the Phase Properties and the development of the Project. P:\Aacndu\1lc:lolutiDnl\RclolulioN\200"-OSoOI-IO E1 hIeD MCC RaGD.doc 2 .' 2005-12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. Recitals. The Recitals of this Resolution are true and correct. Section 2. Joint Public Hearinl!. On January 10, 2005, the Mayor and Commo Council conducted a full and fair joint public hearing with the Community Developmen Commission, and considered the written Agency Staff Report relating to the Agreement, th Lease Agreement, the Summary Report and the testimony submitted relating to the dispositio and redevelopment of the Project by the Developer pursuant to the terms and conditions of th Agreement and Lease Agreement. The minutes of the City Clerk for the January 10, 2005, join public hearing of the Common Council and the Commission shall include a record of al communication and testimony submitted to the City Council and the Commission at the join public hearing by interested persons relating to the Summary Report, approval of the Agreement. Section 3. Section 33433 Findinl!s. This Resolution is adopted in order to satis the provisions of Health and Safety Code Section 33433 as those provisions relate to th disposition of the Phase I Properties to the Developer on the terms and conditions set forth in th Agreement. The City Council hereby finds and determines as follows: (i) The Summary Report contains the information described in Health and Safe Code Section 33433(a)(2)(B); and (ii) The disposition and redevelopment of the Phase I Properties by the Agency to th Developer in accordance with the Agreement is consistent with the healthy, safet and welfare of the community and the goals and objectives in the Agenc Implementation Plan; and (iii) The terms and conditions of the Agreement contain assurances that the Phase Properties will be redeveloped by the Developer in a manner that will, amon P:\Aaendu\kelolutionl\R.elolutionl\2005\OS-OI-10 EI PIIeo Nee ReIo D.doc 3 . ," 2005-12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 other things, alleviate blighted conditions and provide necessary commercia facilities in the immediate area. Section 4. City not a Party to Al!reement. The City is not a party to the Agreemen and Lease Agreement, and nothing in this Resolution shall be deemed to constitute an approv by the City of any application for a development project permit or approval which the Develop may hereafter be required to obtain from the City as a condition precedent to the performance 0 the Developer's obligation under the Agreement and Lease Agreement with respect to th redevelopment of the Project and/or the construction of the commercial facilities on the Site The City hereby reserves its discretion under all applicable law to approve or reject, and t impose any appropriate condition of its approval on any such development project permi application as the Developer may hereafter submit to the City in connection with the Project. Section 5. Approval of Disposition. The Mayor and Common Council hereb approve the disposition of the Phase I Properties by the Agency to the Developer on the terms se forth in the Agreement and Lease Agreement. Section 6. Effectiveness of Resolution. This Resolution shall take effect upon it adoption and execution in the manner as required by the City Charter. 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III III P:\Aaendu\Relolucionl\Relokdionl\200S\Os.ol-IO EI Paleo MCC Rao O.doc 4 , ~ 2005-12 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERARNDINO APPROVING THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") AND LEASE AGREEMENT ("LEASE") BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") AND EL PASEO PETROLEUM, LLC. ("DEVELOPER")- 5TH & MT. VERNON IN THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint adjourned Common Council of the City of San Bernardino at a regular meeting thereof, held on the loth day of January 2005, by the following vote to wit: 7 8 9 Council Members: Abstain Absent 10 ESTRADA Aves x Nays 11 LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK -*- x x 12 -.JL 13 --X- 14 --X-- 15 16 17 ~b.~ Rac 1 G. Clark, City Clerk 18 19 The foregoing resolution is hereby approved this It'4Iay of January .~005. 20 21 22 23 Approved as to form and Legal Content: 24 25 By J- t. PVvv-~ ity Attorney P:v.,cndas\Rc:solutionl\Rc:soludooll\2005\O.5-0).JO El PIIClO NCC Ilao D.dIx: 5