HomeMy WebLinkAboutR43-Economic Development Agency
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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM: Maggie Pacheco
Deputy Directo~ ~ \ GIN A L
DATE: August 5, 2004
SUBJECT: REYES ET AL. 2004 PROPERTY
OWNER PARTICIPATION
AGREEMENT ("OPA")-
MEADOWBROOK PARK AREA
REVIT ALIZA TlON
_________________.__________________d_.__________________________________________________________________________________________n_______________________________________------
SvnoDsis of Previous CommissioD/Council/Commitlee Action(s):
On July 6, 2004, Redevelopment Committee Members Estrada, and McGinnis voted to recommend that the Community
Development Commission consider this action for approval.
Recommended Motion(s):
(Communitv DeveloDment Commission)
MOTION:
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY TO EXECUTE THE 2004 PROPERTY OWNER PARTICIPATION
AGREEMENT WITH MR, REYES ET, AL (OWNERS) FOR THE DEVELOPMENT OF A
SINGLE-FAMILY HOME ON THE PROPERTY (APN: 0135-292-09) LOCATED ON EAST KING
STREET (MEADOWBROOK PARK NEIGHBORHOOD-IVDA PROJECT AREA),
Contact Person(s):
Maggie Pacheco/Musibau Arogundade
IVDA Project Area
Phone:
(909) 663-1044
Ward(s):
Project Area(s)
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
FUNDING REQUIREMENTS Amount: $
Source:
N/A
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Budget Authority:
SIGNATURE: ~ ~
_____________________________________________~:~___~_~__~_~d:I:__~::~_"lt~~:_~ir_e:t:~__ 1:___)____ _
Commission/Council Notes:
__~~~__<;;f:&/.zS1I1::__3-~_____________________________________________________
P,\Agendas\Comm Dev COlDml.<~ion\C[)C 1004\U4.08-]b Reye. OPA SR.do~
COMMISSION MEETING AGENDA
Meeting Date: 08/16/2004
Agenda Item Number: ~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
_____________________..___________________d.________________._.___________________~~_______________.________________________________________u_______________________
Reves et aI. 2004 Property Owner Participation Al!reement ("OPA")-
Meadowbrook Park Area Revitalization
BACKGROUND:
On January 3, 2003 the Community Development Commission approved the Meadowbrook Single
Family Residential Development Grant Agreement with ANR Industries, Inc. (ANR), for the
development of twenty-three new single-family homes (Phase I). ANR has since ac~uired more
properties for development in the area bounded by Sierra Way, Waterman Avenue, 2" and Rialto
Streets ("Target Area"). There -are some properties (vacant parcels and residential investment
property) that ANR has been unable to acquire on their own, and as such, requested the Agency's
assistance in acquiring these particular properties.
On February 2, 2004, the Community Development Commission and the Housing Authority directed
staff to proceed with the acquisition of various properties located within the Target Area. Offers to
acquire were sent out to property owners after the appraised value of each property was determined.
Mr. Reyes representing the owners of the vacant property (APN: 0135-292-09) located on East King
Street ("Parcel") (See attached Map) has expressed their desire not to sell their Parcel but rather
develop their Parcel in compliance with the approved development design standards proposed for the
Target Area, and in lieu of the Agency/Housing Authority exercising its powers of condemnation.
CURRENT ISSUE:
In order to insure that Mr. Reyes et a!. will comply with the development design standards approved
for the Target Area by the Plarming Commission in an expedient fashion, it will become necessary to
execute a Property Owner Participation Agreement (OPA). At a minimum, their single family unit
has to be at least 1,500 sq. ft. in size with three bedrooms and two baths with attached garage similar
to ANR's Plan C Spanish and Craftsman's development style (see attached). The OPA will require
that Mr. Reyes et aI., at their expense, procure appropriate plans for construction of a single family
dwelling unit ("New Home") within 3 months of the execution of an OPA; obtain all necessary
permits and authorizations to proceed with construction from the City within 6 months; commence
construction, at their costs, of the New Home within 9 months; and complete the construction of the
New Home per City zoning and building regulations; last but not least, Mr. Reyes, et ai, must sell the
New Home to a Homebuyer that promises in writing to live in the New Home as their primary
residence no later than 18 months from the effective date of the OP A. Should Mr. Reyes et aI. fail to
comply with the provisions of the OPA, the Agency will retain its legal right to exercise its' power of
condemnation pursuant to the terms of the Cooperation Agreement between the Agency and Housing
Authority.
ENVIRONMENTAL IMPACT:
None.
P:\Agendlls\Cornm Dev Cornmission\CDC 2004\04-08-16 Reyes OPA SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 08/1612004
Agenda Item Number: 1..43
Economic Development Agency Staff Report
Reyes et al. OP A
Page 2
FISCAL IMPACT:
None.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
f
Maggie Pa h 0, Deputy Director
COMMISSION MEETING AGENDA
Meeting Date: 08/16/2004
Agenda Item Number: f( q]
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RESOLUTlOCo(Q) lP Y
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING
AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY TO EXECUTE THE 2004 PROPERTY
OWNER PARTICIPATION AGREEMENT WITH MR. REYES ET AL
("OWNERS") FOR THE DEVELOPMENT OF A SINGLE-FAMILY
HOME ON THE PROPERTY (APN: 0135-292-09) LOCATED ON EAST
KING STREET (MEADOWBROOK PARK NEIGHBORHOOD-IVDA
PROJECT AREA).
WHEREAS, on January 3, 2003, the Community Development Commission approved
Meadowbrook Single Family Residential Grant Agreement with ANR Industries Inc.
10 CANR") for the development of twenty-three new single family homes for sale and occupancy
II by homebuyers; and
12 WHEREAS, the Redevelopment Agency ("Agency") has embarked on a program to
13 acquire properties in Ihe Meadowbrook Park Neighborhood in order to prevent and eliminate
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the spread of blight and provide for the expansion of the community's supply of affordable
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housing for persons and families of low and moderate income and to provide for the relocation
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of persons and households occupying substandard dwelling units into safe, sanitary and decent
housing; and
WHEREAS, the Agency has identified certain properties for acquisition and assembly
for the future development of affordable infill housing within the Meadowbrook Park
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Neighborhood. which would include acquisition by exercise of the power of condemnation
pursuant to the Eminent Domain Law. Code ofCiv. Proc. Section 1230.010 et seq.; and
WHEREAS, Mr. Reyes et al. (Owners) of the property (APN: 0135-292-09) located on
East King Street, (the "Property") is among the properties identified for possible acquisition and
Owners have represented to the Agency that in lieu of the Agency exercising the powers of
condemnation pursuant to Eminent Domain Law, Owner shall construct or caused to be
constructed, a single family home which shall be owned and occupied by a purchaser who
agrees in writing to occupy the Property as a primary residence; and
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WHEREAS, the Agency and the Owners are amenable to entering into the OPA to set
o 2 forth the respective duties of the parties regarding the development of the Property by the
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Owner in compliance with the approved design Standards and Schedule of Performance
specified in the OP A;
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER,
AS FOLLOWS:
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The Community Development Commission hereby approves the 2004
Section I.
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Property Owner Participation Agreement ("Agreement") with Mr. Reyes et al. for the
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Meadowbrook Park Neighborhood in the form as presented at the meeting of the Commission at
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which this Resolution is adopted and hereby authorizes the Executive Director to execute the
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Agreement on behalf of the Agency.
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The Executive Director of the Agency is hereby authorized to make
Section 2.
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minor corrections, additions, clarifications. interpretations to the Agreement, provided said
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changes are not substantive in nature, do not increase the monetary impact to the Agency, and
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are consented to by Agency Counsel.
The Resolution shall become effective immediately upon its adoption.
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING
AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY TO EXECUTE THE 2004 PROPERTY
OWNER PARTICIPATION AGREEMENT WITH MR. REYES ET AL
("OWNERS") FOR THE DEVELOPMENT OF A SINGLE-FAMILY
HOME ON THE PROPERTY (APN: 0135-292-09) LOCATED ON EAST
KING STREET (MEADOWBROOK PARK NEIGHBORHOOD-IVDA
PROJECT AREA).
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Community Development Commission of the City of San Bernardino at a
meeting
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thereof, held on the
day of
, 2004, by the following vote to wit:
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Commission Members:
Navs
Abstain
Absent
Ayes
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ESTRADA
LONGVILLE
MCGINNIS
DERRY
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14 KELLEY
JOHNSON
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MC CAMMACK
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Secretary
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The foregoing resolution is hereby approved this
day of
,2004.
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Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
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Approved
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By:
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
2004
PROPERTY OWNER P ARTlCIP A TlON AGREEMENT
(Reyes et al.)
THIS 2004 PROPERTY OWNER P ARTlCIP A TlON AGREEMENT (the "Agreement")
is dated as of ,2004, by and among Jesse J. Reyes, Mike Mendoza, Richard Villa, Ben
Castillas and Mateo Mike Gurra (collectively, the "Owners") and the Redevelopment Agency of the
City of San Bernardino, a public body corporate and politic (the "Agency"), and this Agreement is
entered into with respect to the following facts:
RECITALS
WHEREAS, the Owners own the land (APN: 0135-292-09) situated East King Street, San
Bernardino, California 92408 (the "Property"). The general location of the Property is shown on a
vicinity map and legal description attached as Exhibit "A" and is incorporated by this reference; and
WHEREAS, the Agency is in the process of identifying certain properties for acquisition and
assembly for the future development of affordable intill housing within the Inland Valley
Development Agency ("IVDA") Redevelopment Project Area in order to help eradicate blight and
provide needed affordable housing, which could include acquisition by exercise of the power of
condemnation pursuant to the Eminent Domain Law, Code of Civ. Proc. Section 1230.010 et ~.;
and
WHEREAS, the Agency is interested in including the Property as part of the aforementioned
infill housing project development; and
WHEREAS, the Owners have represented to the Agency that, in lieu of the Agency
exercising the powers of condemnation pursuant to the Eminent Domain Law, the Owners shall
construct, or cause to be constructed, a single family home to be owned and occupied by the
purchaser; and
WHEREAS, the Agency and the Owners (the Agency and the Owners are sometimes referred
to herein as the "Parties") are amenable to entering into this Agreement to set forth the respective
duties of the Parties regarding the development of the Property by the Owner in lieu of condemnation
of the Property by the Agency.
NOW THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS OF THE PARTIES, THE OWNERS FOR THEMSELVES AND THEIR
SUCCESSORS AND ASSIGNS, AND THE AGENCY FOR ITSELF AND ITS SUCCESSORS
AND ASSIGNS, AGREE:
4822-2026-77761
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Section I. Recitals. The matters set forth in the Recitals of this Agreement are true and
o correct and are material elements to the formation of this Agreement.
Section 2. Effective Date of AJ.(reement. This Agreement shall take effect following its
approval by the Agency and execution by the parties.
Section 3. Covenant of the Owners to Construct Single Family Residence ("SFR") on the
Property. Subject to the terms of this Agreement, the Owners covenant and agree as follows:
(a) Within three (3) months of the Effective Date of this Agreement, the Owners shall
have, at the Owners' sole cost and expense, procured appropriate plans for the
constmction and installation ofthe SFR on the Property to be sold for occupancy by
the purchaser (the "Plans"). The Plans shall be subject to the review and written
approval of the Agency, which approval shall not be unreasonably withheld;
(b) Within six (6) months of the Effective Date of this Agreement, the Owners shall, at
the Owners' sole cost and expense, obtain all necessary permits and authorizations to
proceed with the construction and installation of the SFR on the Property from the
City and/or any other agency having jurisdiction over the construction and
development of the Property;
(c)
Within nine (9) months of the Effective Date of this Agreement, the Owners shall
commenced, construction of the SFR on the Property;
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(d) Within eighteen (18) months of the Effective Date of this Agreement, and in
consideration of the Agency's agreement not to exercise its power of condemnation
of the Property, the Owners shall construct at the Owners' sole cost and expense, one
(I) single family residence on the Property, in accordance with all applicable zoning
and building regulations of the City;
(e) The Owners agree to allow the Agency or its agents upon prior notice at reasonable
times to inspect I) the building plans for the construction of the SFR on the Property
and 2) the progress of construction of the SFR on the Property to ensure that the
constmction and installation of the SFR on the Property is occurring on a timely
schedule and to the reasonable satisfaction of the Agency.
(I) The Owners agree that the completed SFR will be sold only to a purchaser that
promises in writing to occupy the SFR as the primary residence of the purchaser.
The Owners agree that the Property shall not be rented, and that no person shall
occupy the SFR, prior to sale to a purchaser that intends to occupy the SFR as a
primary residence.
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Section 4. Agency Not to Request or Assist Housing Authority to Acquire Property. As
the sole, exclusive and complete consideration for the Owners' covenants and performance
obligations as described in Section 3, the Agency agrees that for the period described in Section 3( d),
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above, the Agency shall not request, authorize or assist the Housing Authority to commence
proceedings to acquire the Property by way of the exercise of condemnation powers of the Housing
Authority for affordable housing development and operation purposes pursuant to the Eminent
Domain Law, Code ofCiv. Proc. Section 1230.010 et~. The Agency is hereby acknowledged by
the Owners that in the event of a default on the part of the Owners with respect to any of the
provisions described in Section 3, the Agency may exercise any lawful remedies on its part,
including, but not limited to, the acquisition of the Property by eminent domain.
Section 5. Defaults and Breach - General. Failure or delay by either party to perform any
material term or provision of Section 3 and Section 4 of this Agreement shall constitute a default
under this Agreement; provided however. that if the party who is otherwise claimed to be in default
by the other party under Section 3 or Section 4 of this Agreement commences to cure, correct or
remedy the alleged default within thirty (30) calendar days after receipt of written notice specifying
such default and shall diligently complete such cure, correction or remedy, such party shall not be
deemed to be in default.
The party that claims a default has occurred shall give written notice of default to the party in
default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of
any default nor shall it change the time of default; provided, however, the injured party shall have no
right to exercise any remedy for a default without delivering the written default notice.
Any failure to delay by a paliy in asserting any of its rights and remedies as to any default
shall not operate as a waiver of any default or of any rights or remedies associated with a default.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the
rights and remedies of the Pilliies are cumulative and the exercise by either party of one or more of
such rights or remedies shall not preclude the exercise by it, at the same or different times. of any
other rights or remedies for the same default or any other default by the other party.
In the event that a default of either party may remain uncured for more than thirty (30)
calendar days following written notice, as provided above. a "breach" shall be deemed to have
occurred. In the event of a breach. the party who is not in default shall be entitled to seek any
appropriate remedy or damages by initiating legal proceedings.
Section 6. Covenants Running With the Land. The provisions of this Agreement shall be
covenants that run with the land and the Property for a term of twenty four (24) months from the date
of approval ofthis Agreement by motion orresolution of the Agency, as applicable. This Agreement
is expressly declared by the parties to be for the benefit of the Property and the IVDA
Redevelopment Project Area.
Section 7.
Termination of Agreement.
(a) Provided that the Owners are not in default under the Agreement, the Owners may
jointly terminate this Agreement at their discretion for any reason within the first nine (9) months
following the effective date and before the commencement of construction of the improvements of
the SFR on the Property, as provided in Section 3, by serving written notice of termination of the
4822.2026.17761
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Agreement to the Agency which specifically refers to this Section 7 (a) of the Agreement. Upon
receipt by the Agency of such written notice of termination. and provided the Owners are not then in
default. the Parties shall be mutually released from any further obligation that arises under this
Agreement and the Agency shall have the discretion to cause the Property to be redeveloped for
affordable housing purposes by other applicable law.
(b) The Agency may terminate this Agreement at its discretion upon serving written
notice of termination of the Agreement to the Owners that specifically refers to this Section 7(b) of
the Agreement. in the event that the construction of the SFR on the Property has not been timely
commenced for any reason within nine (9) months following the approval of this Agreement by the
Agency. Upon receipt by the Owners of such written notice of termination, the Parties shall be
mutually released from any further obligation that arises under this Agreement and provided the
Owners are not then in default, the Parties shall be mutually released from any further obligation that
arises under this Agreement and the Agency shall have the discretion to cause the Property to be
redeveloped for affordable housing purposes by other applicable law.
Section 8. Representations and Warranties of the Owners. The Owners make the
following representations and warranties to the Agency and the Owners acknowledge that execution
of this Agreement by the Agency is made in material reliance by the Agency on such representations
and warranties:
(I)
Owners have the legal right. power and Agency to enter into this Agreement, and the
instruments and documents referenced herein and the Owners have taken all requisite
action and obtained all requisite consents in connection with entering into this
Agreement;
(2) This Agreement has been duly executed by the Owners and shall be enforceable in
accordance with its terms;
(3) Execution of this Agreement shall not result in a breach of, nor constitute a default
under any other agreement. document, instrument or other obligation to which the
Owners are a party, or under law, statute, ordinance. rule, governmental regulation or
any writ, injunction. order or decree of any court or governmental body applicable to
the Owners. or any of them, or to the Property;
(4) Owners jointly own the fee title interest in the Property. subject only to the matters of
record disclosed to the Agency;
(5) Owners have the funds available to them to undertake the construction and
installation of the SFR on the Property;
(6) Owners shall carry out the construction of all improvements on the Property in
conformity with all applicable laws, zoning ordinances and building codes; and
4822-2026-7776.1
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(7)
Owners shall, at their own cost and expense, secure or shall cause to be secured, any
and all permits that may be required by the City or any other governmental entity
having jurisdiction over the construction of the SFR on the Property.
Section 9. Owners Indemnity. The Owners agree to indemnify and hold the Agency, its
officials, officers, attorneys, employees and agents, harmless from and against all damages,
judgments, costs, expenses and attorney's fees arising from or related to any act or omission of the
Owners, or any of them, in performing their obligations hereunder. The Agency shall give the
Owners written notice of the occurrence of a claim, litigation or other matters for which the Agency
may seek indemnity under this Section 9 as promptly as practicable following the Agency's
knowledge of the occurrence of such matter, and the Agency shall reasonably cooperate with the
Owners in the defense of any such claim or matter and shall not take any action that would adversely
affect the Owners' defense of such matter.
Section 10. Owners Insurance. The Owners shall furnish, or shall cause to be furnished, to
the Agency duplicate originals or appropriate certificates of comprehensive general liability
insurance in the minimum amount of One Million Dollars ($ I ,000,000.00) combined single limit,
naming the Agency and the City as additional insureds. Such insurance shall cover comprehensive
general liability including, but not limited to, contractual liability; acts of subcontractors; premises-
operations; explosion, collapse and underground hazards, if applicable; broad form property damage,
and personal injury including libel, slander and false arrest. In addition, the Owners shall provide to
the Agency adequate proof of worker's compensation insurance coverage for its employees. Any
and all insurance policies required hereunder shall be obtained from insurance companies admitted in
the State of California and rated at least B+/ (viii) in the most current edition of the Best's Key
Rating Guide: Property-Casualty. All such insurance policies shall provide that they may not be
canceled unless the Agency receives written notice of cancellation at least thirty (30) calendar days
prior to the effective date of cancellation. Any and all insurance obtained by the Owners hereunder
shall be primary to any and all insurance which the Agency may otherwise carry, including self
insurance, which for all purposes of this Agreement shall be separate and apart from the
requirements of this Agreement. Any and all insurance required hereunder shall be maintained and
kept in force until end of the term of the construction covenants as set forth in Section 3 of this
Agreement.
Section II. Notice of Memorandum of Agreement. The parties agree and declare that the
successors and assigns of each shall be bound by the terms of this Agreement. The parties shall
execute and the Agency shall cause to be recorded a Notice of Memorandum of this Agreement
substantially in the form as attached hereto as Exhibit "B" and incorporated by this reference.
Section 12. Subordination. If requested by the Owners' construction lender the Agency
may waive, relinquish and subordinate any restrictions or covenants in favor of the Agency arising
from this Agreement, to a Construction Loan obtained by Owners, which Construction Loan shall
provide for the development of the Property in the manner set forth in this Agreement.
Section 13. Attorneys' Fees. If either party files any action or brings any action or
proceeding against the other arising out of this Agreement, then the prevailing party shall be entitled
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to recover as an element of its costs of suit and not as damages, its reasonable attorneys' fees as fixed
by the Court in such action or proceeding or in a separate action or proceeding brought to recover
such attorney's fees. As used herein, the words "attorneys' fee" in the case of the Agency, means and
includes the salary and/or hourly rates, fees, costs and expenses, allocated on an hourly basis, of the
attorneys employed by the Office of City Attorney of the City of San Bernardino or the rates charged
by special counsel, in connection with any matter arising under this Agreement.
Section 14. Headings and Attachments. The headings of each section of this Agreement
are provided for purposes of reference and convenience only and do not have any meaning which is
independent of the text of the section of the Agreement to which they may generally correspond.
The following list of attached documents are pmi of this Agreement:
Exhibit "A"
Vicinity Map and Legal Description of the Property
Exhibit "B"
Notice of Memorandum of Agreement
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THIS 2004 PROPERTY OWNER PARTlClPTlON AGREEMENT is dated as of
_' 2004, and this Agreement shall have no force or effect unless it has been approved
by the governing body of the Agency and fully executed by the parties. This Agreement may be
executed in counterparts on behalf of the parties by their authorized offices whose signatures appear
below.
Date:
Mateo Mike Gurra
AGENCY
Redevelopment Agency of the City of San
Bernardino, a public body corporate and politic
Date:
By:
By:
4822.2026.77761
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EXHIBIT "A"
Vicinity Map and Legal Description of the Property
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EXHIBIT "A"
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Not to Scale
EXHIBIT '"A"'
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Legal Description
Lot 14, Block "A", Daley Tract, as per plat recorded in Book 6 of Maps, page 34, record
of said County.
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EXHIBIT "8"
Notice of Memorandum of Agreement
4822-2026-7776.\
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RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
Space Above Line lor Use by Recorder
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT ("Memorandum") is dated as of June ,
2004, by the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public
body corporate and politic (the "Agency"), and JESSE J. REYES, MIKE MENDOZA,
RICHARD VILLA, BEN CASTILLAS and MATEO MIKE GURRA (collectively, the
"0 ")
wners .
I. Covenant to Construct Single Family Residence ("SFR") on the Property. Upon
the terms and subject to the conditions set forth in that certain "Redevelopment Agency or the
City of San Bernardino 2004 Property Owner Participation Agreement" ("Agreement") the
Owners agree to construct at the Owners' sole cost and expense, within eighteen (18) months of
the Effective Date of the Agreement, one (I) single family residence ("SFR") on the Property
currently consisting of the land located in the City of San Bernardino, County of San Bernardino,
California and more particularly described in Exhibit "A" of the Agreement, in accordance with
all applicable zoning and building regulations of the City of San Bernardino, for sale exclusively
to and occupancy by the purchaser. The Owners agree that the completed SFR shall be promptly
sold only to a purchaser that promises to occupy the premises as the purchaser's primary
i residence. The Owners agree not to rent the property to anyone, or allow anyone to occupy the
SFR, prior to sale to a purchaser that intends to occupy the premises as a primary residence.
2. Agency Not to Exercise Eminent Domain ACQuis~ion of Property. Provided that
Owners perform all covenants and performance obligations described generally in the
Agreement and specifically, but not inclusively, those set forth in Section 3 of the Agreement,
the Agency agrees that for a period of eighteen (18) months from the Effective Date of the
Agreement the Agency will not commence proceedings to acquire the Property by way of the
exercise of condemnation powers pursuant to the Eminent Domain Law, Code of Civil Procedure
S 1230.010 et~. The Owners expressly acknowledge that in the event of a default on the part
of the Owners the Agency may exercise any lawful remedies on its part, including, but not
limited to, the acquisition of the Property by eminent domain
3. Incorporation of Agreement. This Memorandum is for informational purposes
only and nothing contained in it shall be deemed to in any way modify or otherwise affect any of
the provisions of the Agreement. This Memorandum is subject to all of the provisions of the
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Agreement and in the event of any inconsistency between the provisions of the Agreement and
this tvlemorandum, the provisions of the Agreement sha1l prevail.
4. Countemarts. This Memorandum may be executed in any number of
counterparts, each of which sha1l constitute an original and a1l of which sha1l constitute one and
the same document.
5. Covenants Running With the land. Pursuant to the express terms of Sections 3
and 6 of the Agreement, the covenants described in section 1 of this Memorandum sha1l run with
the land and be binding on the Owners and a1l successors in interest to the Owners for a term of
twenty-four (24) months from the date this Memorandum is recorded in the Official Records of
the County of San Bernardino.
IN WITNESS WHEREOF, the undersigned have executed this Memorandum of
Agreement as of the day and year first above wrinen.
AGENCY
Redevelopment Agency of the City of San
Bernardino
Date:
By:
ATTEST:
By:
"
~~
~~. Reyes "
'm~"", yne/~~
Mike Mendoza
l{~
ichard Villa
. r:-3 / r/ -'-
~', ~C~.....
Ben CastiIlas
~~&MAt-
Mateo Mike Gurra
.)
Date: 6 OJ 1-
Date: 0 - /L/- 0-1
Date:
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Date:
0-/(-04
Date: t, -~/ -01
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4832.0068-6336.1
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 20, 2004
TO:
Wasana Chantha, Acting Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution CDC/2004-32
At the Mayor and Common Council meeting of August 16, 2004, the City of San Bernardino
adopted Resolution CDC/2004-32 - Resolution approving and authorizing the Executive
Director of the Redevelopment Agency to execute the 2004 Property Owner Participation
Agreement with Mr. Reyes et al. (owners) for the development of a single-family home on the
property (APN: 0135-292-09) located on East King Street (Meadowbrook Park Neighborhood-
IVDA Project Area).
Attached is one (I) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
ow edge receipt of the above mentioned documents.
Signed:
Date:
Please sign and return
'iECEIVE[J 8'1
.\';_.':--
City of San Bernardino
!~t!bNOMIC DEVELOPMENT AGENCY
Redevelopment. CommuQ(~ , .
>i.-Y-';
rlt. ousing. Business: Recruitment. Retention, Revitalization. Main Street. Inc.
'"irYNO
ON
VIA PICK-UP
September 9,2004
Reyes et al
1608 Perris Street
San Bernardino, CA 92411
RE: 2004 PROPERTY OWNER PARTICIPATION AGREEMENT
Dear Mr. Reyes:
Enclosed for your records is the fully executed Agreement as referenced above pertaining to the following
resolution:
T
A RESOLUTiON OF THE COMMUNITY DEVELOPMENT COMMiSSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
EXECUTiVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECI iTE
THE 2004 PROPERTY OWNER PARTiCIPATiON AGREEMENT WiTH MR.
REYES ET AL ("OWNERS") FOR THE DEVELOPMENT OF A SINGLE-F AMIL Y
HOME ON THE PROPERTY (APN: 0135-292-09) LOCATED ON EAST KIN()
STREET (MEADOWBROOK PARK NEIGHBORHOOD-IVDA PROJECT ARL\)
CDC/2004-32
u for your assistance in this matter. If you have any questions, you may contact me at (909) 663-1044.
Enclosure: 2004 Property Owner Participation Agreement
cc: Barbara Lindseth (with Original Executed Agreement)
..,...Michelle Taylor (with Original Executed Agreement)
Musibau Arogundade (with Copy of Agreement)
q-/o--oct
Dated
20t North E Street. Suite 301 . San Bernardino, California 92401-1507. (909) 663-1044 . Fax (909) 888-9413
www:sanbemardino-eda.org.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): )---I",oLJ Item #
Vote: Ayes 1-') Nays .e
Change to motion to amend original documents 0
~~ Resolution #
Abstain J2r
Companion Resolutions
C OC/Zcd1-3;L
,
Absent ...e--
Null/V oid After: ~ days I
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: <;, - , 'is- -0 Lj
Date of Mayor's Signature:
Date of ClerklCDC Signature:
Reso. Log Updated:
Seal Impressed:
Ed-'
o
Date MemolLetter Sent for Signature:
1" Reminder Letter Sent:
Date Returned: ~ \ O-{l q Not Returned: 0
2"d Reminder Letter Sent:
Request for Council Action & Staff Report Attached: Yes / No By
Updated Prior Resolutions (Other Than Below): Yes No~ By_
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634): Yes No~ B
Updated CDC Personnel Folders (5557): Yes No V- B
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No / y-
Copies Distributed to:
Animal Control 0 EDA 0" Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney 0 Finance 0 Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others: (
Notes:
Ready to File: _
Date:
Revised 12/18/03