HomeMy WebLinkAboutR47-Economic Development Agency
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ECONOMIC DEVELOPMENT AGENCY ORIGINAL
OF THE CITY OF SAN BERNARDINO
FROM:
Gary Van Osdel
Executive Director
SUBJECI': WATERMAN HOLDINGS, LLC 1004
DISPOSmON AND DEVEWPMENT
AGREEMENT - AMENDMENT NO. 1
(CENTRAL CITY EAST REDEVELOPMENT
PROJECT AREA)
DATE:
June 7, 2005
Svnoosls of Previous CommissionlCounclVCommlttee Action(s):
On November 2, 2004, Redevelopment Conumttee Members Estrada and Longville nnan;mously voted to recommend that the
Community Development Commission consider a disposition and development agreement with Waterman Holdings, LLC for
approval.
On December 6, 2004, Community Development Commission adopted Resolution No. CDC/2004-49 approving the sale of
certain real property by the Redevelopment Agency to Waterman Holdings, LLC and authorized the Executive Director to
execute the Disposition and Development Agreement between the Redevelopment Agency and Waterman Holdings, LLC (4th
and Waterman Avenue - APN: 0135-191-11).
On December 6, 2004, Mayor and Couunon Council adopted Resolution No. 2004-386 approving the sale of certain real
property by the Redevelopment Agency to Waterman Holdings, LLC (4lb and Waterman Avenue - APN: 0135-191-11).
On June 7, 2005, Redevelopment Conumttee Members Estrada and McGinnis unanimously voted to recommend that the
Community Development Commission consider this action for approval.
Recommended Motion(s):
MOTION:
(Community DeveloDment Comml-sion)
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO APPROVING AMENDMENT NO. I TO THE WATERMAN HOLDINGS, LLC 2004
DlSPOSmON AND DEVELOPMENT AGREEMENT AND AUTHORIZING THE AGENCY
EXECUTIVE DIRECI'OR TO EXECUTE AMENDMENT NO. I TO THE 2004 DISPOSmON AND
DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND
WATERMAN HOLDINGS, LLC(4lb & WATERMAN AVENUE-APN: 0135-191-11)
Contact Person(s):
Project Area(s)
Gary Van Osdel
Central City East
Phone:
(909) 663-1044
Ward(s):
First
Supporting Data Attached: ~ Staff Report ~ Resolution(s) ~ Agreement(s)/Contract(s) 0 Map(s) 0 Letters
Sourc
FUNDING REQUIREMENTS Amount: $ e: N/A
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Gary 7 Osdel, Executive Dir tor Maggie Pacheco, Deputy Director
~~!otes: .
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SIGNATURE:
P, ApodoIIComm Ilev CommiIIion\COC 2005IOS-ll6-20 Amood No. I W_1IoIdiop, u.c
COMMISSONMEETINGAGENDA
Meetina Date: 06JZ0/1oo5
Aaenda Item Number: R~ 7
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
WATERMAN HOLDINGS, LLC
2004 DISPOSITION AND DEVELOPMENT AGREEMENT - AMENDMENT NO.1
(CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA)
BACKGROUND:
On December 6, 2004, the Mayor and Common Council and Community Development
Commission (the "Commission") approved the sale of approximately 3.9 acres owned by the
Redevelopment Agency (the "Agency") located at the south west comer of 4th Street and Waterman
Avenue (the "Property") pursuant to a 2004 Disposition and Development Agreement (the "DDA")
between the Agency and Waterman Holdings, LLC (the "Buyer").
The DDA, as approved, called for the Buyer to construct a minimum of 16,864 square feet of office
space for the County Preschool Services Department (the "PSD") on the most westerly 2.0 acres of
the Property (phase n with an option to construct an additional building for another County Agency
on the remaining 1.6 acres on the easterly portion of the Property (phase ll). During the interim
period until the option on the Phase II site was exercised, the DDA called for the Agency to install
and maintain perimeter fencing, landscaping and an irrigation system for the Phase II site. Exhibit
"B" to the DDA, which is attached to this staff report, depicts the current location of the Phase I and
Phase II sites on the Property.
On May 17, 2005, the County Board of Supervisors approved a to-year lease with the Buyer to
construct 17,000 square feet of office space for the PSD.
CURRENT ISSUE:
In discussions between Agency Staff and the Buyer, it has been determined that the PSD office
building will have better access and visibility once developed on the easterly portion of the
Property. Therefore, it is proposed that the Phase I site, and the development of 17,000 square feet
of office space thereon, be moved to the easterly 2.0 acres (approx.) portion of the Property and
that the Phase II site be moved to the westerly 1.6 acre (approx.) portion of the Property. Switching
the site locations of Phase I and Phase II on the Property will require an amendment to the DDA.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
None.
p, Apodoo\CoIrm Dev CommiaionICDC :IOOSIO$-06-:lO Amolld No. I W_1Io1dinp. u.c
COMMISSION MEETING AGENDA
Meedo& Date: 06/2012005
Aeeoda Item Number: .R!/.!l-
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Economic Development Agency Staff Report
Watennan Holdings, LLC 2004 Disposition and
Development Agreement - Amendment No. 1
Page 2
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
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P: ApodoIIComm !lev CommiIIioolCllC 2OOS\05-06-20 Amood No> 1 W_IIoIdiDp, u.c
COMMISSION MEETING AGENDA
Meetinl Date: 0611011005
Aaenda Item Number: -M1
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RESOLUTION NO.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO.
1 TO THE WATERMAN HOLDINGS, LLC 2004 DISPOSITION AND
DEVELOPMENT AGREEMENT AND AUTHORIZING THE AGENCY
EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO. 1 TO THE
2004 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY AND WATERMAN HOLDINGS, LLC
(4TH & WATERMAN AVENUE-APN 0135-191-11)
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WHEREAS, the Community Development Commission of the City of San Bernardino
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(the "Community Development Commission") is the governing board of the Redevelopment
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Agency of the City of San Bernardino (the "Agency"); and
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WHEREAS, the Agency Property is located at the south west comer of 4th Street and
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Waterman Avenue within the Central City East Redevelopment Project Area and is
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unimproved; and
WHEREAS, on December 6, 2004, the Community Development Commission adopted
Resolution No. CDC/2004-49 approving the sale of certain real property by the Agency to
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Waterman Holdings, LLC (the "Buyer") and authorizing the Agency Executive Director to
16 execute the 2004 Disposition and Development Agreement (the "DDA") between the Agency
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and the Buyer; and
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WHEREAS, it is appropriate for the Community Development Commission to approve
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Amendment No.1 (the "Amendment") to the DDA between the Agency and the Buyer in this
20 Resolution.
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NOW, THEREFORE, TIlE COMMUNITY DEVELOPMENT COMMISSION OF TIlE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
FOLLOWS:
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Section 1.
The Community Development Commission hereby approves the attached
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Amendment in the form as presented at the meeting at which this Resolution is adopted. The
P \A,endas\Rnobdions\Rcsoluuons;2005\OS.06.20 Amend No I Walmnan Hakim,s. LtC COC Rcso doc
Executive Director of the Agency is hereby authorized and directed to execute the Amendment
on behalf of the Agency, together with such technical and non-material conforming changes as
may be recommended by Agency Counsel. The Amendment as hereby approved shall have no
force or effect until it has been executed by the Executive Director of the Agency.
The Resolution shall become effective immediately upon its adoption.
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Section 2.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO.
t TO THE WATERMAN HOLDINGS, LLC 2004 DISPOSITION AND
DEVELOPMENT AGREEMENT AND AUTHORIZING THE AGENCY
EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO. t TO THE
2004 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY AND WATERMAN HOLDINGS, LLC
(4TH & WATERMAN AVENUE - APN 0135-191-11) .
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit
Development Commission of the City of San Bernardino at a
meeting thereof, held on the
, 2005, by the following vote to wit:
day of
Commission Members:
Abstain
Absent
Aves
Navs
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
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Secretary
19 The foregoing resolution is hereby approved this
day of
,2005.
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Judith Valles, Chairperson
Community Development Commission
of the City of San Bernardino
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Approved as to form and Legal Content:
24 By: A~~d~
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P \Alcndas\Rcsolutions\Rcsolutions\200S\OS-06-20 Amend No I Waterman HoldiRJs. llC CDC Rao .ice
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AMENDMENT NO.1
2004
DISPOSITION AND DEVELOPMENT AGREEMENT
WATERMAN HOLDINGS, LLC.
(4th and Waterman Property)
This Amendment No. I is dated as of June , 2005, and is an amendment to that
certain 2004 Disposition and Development Agreement by and between the Redevelopment
Agency of the City of San Bernardino (the "Agency") and Watennan Holdings, LLC (the
"Buyer"), dated as of December 6, 2004 (the "DDA), for the sale and purchase of certain Agency
owned property located at the southwest comer of 4th Street and Watennan Avenue (the "Agency
Property") within the City of San Bernardino (the "City") and within the Central City East
Redevelopment Project Area of the Agency.
RECITALS
A.
The Agency and the Buyer were relying upon the County of San Bernardino (the
"County") to timely approve and execute a certain lease agreement with the Buyer to
enable the Buyer to acquire the western portion of the Agency Property (identified in the
DDA as the Phase I Property) for the construction of a County required public building
which will be owned by the Buyer and leased to the County pursuant to a County
approved lease agreement with the Buyer.
B. The Buyer detennined that the switching of the Phase I and Phase II sites would make the
entire site more marketable and more aesthetically pleasing. Additionally, the new
County office will have greater visibility and access.
C. It is desirable for the Agency and the Buyer to approve and execute this Amendment No.
1 to the DDA upon the tenns and conditions as set forth herein.
THE AGENCY AND THE BUYER HEREBY AGREE AS FOLLOWS:
Section 1. The DDA shall only be amended to the extent as set forth herein. All other
tenns and provisions of the DDA unless specifically amended or modified by the tenns of this
Amendment No. I shall remain in full force and effect.
Section 2. On Page 1, under Recital "A" the second sentence is hereby deleted and
replaced with the following: "The Agency Property is located in the Central City East
Redevelopment Project Area and consists of an approximately 2.0 acre parcel, to be established
by the Agency prior to the close of escrow, located at the intersection of 4th Street and Watennan
A venue (the "Phase I Property"), and an approximately 1.6 acre parcel, to be established by the
Agency prior to the close of escrow for the Phase I Property, located approximately 300 feet
west of the intersection of 4th Street and Waterman Avenue (the "Phase II Property") and an
approximately 0.9 acre parcel that consists of the flood control channel presently aligned to the
south of the Phase I Property and the Phase II Property (the "Expansion Property")".
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Section 3. On Page 16, under Section 3.09 (a), "Agency Phase II Property Interim Site
Improvements" item (i) is hereby deleted and replaced with the following: "(i) wrought iron
fencing to be located along the perimeter on 4th Street and the parcel line between the Phase I
Property and the Phase II Property and chain link fencing or such other suitable fencing materials
as may be approved by the City through the site design approval process for the southern parcel
line adjacent to the flood control channel;".
Section 4. Exhibit "B", "Site Map of the Phase I and Phase II Property" is hereby changed
to reflect that the Phase I development on the Agency Property is to be located on the easterly 2,0
acre portion of the Agency Property and the Phase II development is to be located on the westerly
1.6 acre portion of the Agency Property.
Section 5. The parties recognize that the Agency will continue to own the flood control
channel that abuts the Agency Property on the south and flowing southwesterly along the
southern property line of the Agency Property and as defined in the DDA as the Expansion
Property. Neither party has committed to construct improvements or to provide funds for the
construction and installation of a covered pipeline or box culvert, which would allow limited use
of surface land above this flood control channel on the Expansion Property. The parties may
make such offers to acquire and to improve this Expansion Property but no commitments to
either sell, acquire or improve such Expansion Property are made by reason of this Amendment
No. I.
Section 6. This Amendment No. I shall take effect from and after the date of final
approval hereof by the governing body of the Agency at a duly held public meeting and after the
execution of this Amendment No. I by the Agency and the Buyer.
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p 'Aarndas~aenda AnKhmenls\Aamts.Amend 2005\05.06.20 Amend 1'0 I Waterman Holdinp. LLC
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IN WITNESS WHEREOF, the parties have singed this Amendment No.1 as of the date
fist set forth above.
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
Date:
By:
Gary Van Osdel, Executive Director
WATERMAN HOLDINGS, LLC
Date:
By:
Jian Torkan
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P\Agendas\Aaenda AuachmentS\AgnTfs-Amend 20\>.5\05-06-20 Amend No I WlUennan Hok1in~. LLC
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IN WITNESS WHEREOF, the parties have singed this Amendment No. 1 as of the date
fist set forth above.
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
Date:
By:
Gary Van asdel, Executive Director
WATERMAN HOLDINGS, LLC
Date:
By:
Jian Torkan
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P'^lendas\Aaenda Atlachm:nlsIAgrmls-Amend 200$"05.06.20 Amend No I Wal.ennan Holdinas. LtC
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IN WITNESS WHEREOF, the parties have singed this Amendment No. 1 as of the date
fist set forth above.
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
Date:
By:
Gary Van Osdel, Executive Director
WATERMAN HOLDINGS, LLC
Date:
By:
Jian Torkan
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P ,^&cndas\Aaenda ARachmcnls\Almls-Amcnd 2005\05-06-:20 Amend No I Watcnnan HoldihlS. LLC
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM /h /
0Dq
Moeting Date (Date A~)' 17-)0,05 Item # ~ &e..lution # dO l:fS Ii ~
Vote: Ayes J Nays Abstain Absent I
Change to motion to amend original documents D Companion Resolutions
Null/Void After: lf1 days /
Resolution # On Attachments: D
PUBLISH D
POST D
Note on Resolution of attachment stored separately: D
RECORD W/COUNTY D By:
~
Date Sout to M.yo" ~ 'J '>< () b ~
Date of Mayor's Signature: ~, )';3 II}?"...
Date of Clerk/CDC Signature: 4,>>. ~J
Reso. Log Updated:
Seal Impressed:
~
Date MemolLetter Sent for Signature:
IS\ Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: D
I
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders,(64~~, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
"
Updated Traffic Folders (3985, 8234, 655,92-389):
Ye~/
NOr By_
No .' By
NO~~BY=
NOpy_
No By_
Yes
Yes
Yes
Yes
Copies Distributed to: ~) ~
i
,- Animal Control D EDA Information Services D
tl
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~ City Administrator D Facilities D Parks & Recreation D
City Attorney D Finance D Police Department D
Code Compliance D Fire Department D Public Services D
Development Services D Human Resources D Water Department D
Others:
Notes:
/
/
Ready to File: -Y
/
Date: 1d~r ()~
Revised 12/18/03
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ECONO....iYEs:r ~~';;~~
RedeveIopment'CommunllyDev8lopment'Hou8Ing'~'MsinStnlet, Inc.
July 6, 2005
Jian Torkan
4221 Wilshire Boulevard
Los Angeles, California 90010
RE: Amendment No.1 to the 2004 Disposition and Development Agreement
Waterman Holdings, LLC (4th and Waterman Property)
Dear Mr. Torkan:
Enclosed for your records is the fully executed Agreement as referenced above that was
approved by the Community Development Commission of the City of San Bernardino on June
20,2005 (Resolution CDC/2oo5-l9).
can be of further assistance to you, please do not hesitate to call me at (909) 663-1044.
W A. Chantha
Secretary
Enclosure: Amendment No. 1 to the 2004 Disposition and Development Agreement
Waterman Holdings, LLC (4th and Waterman Property)
cc: Barbara Lindseth (with Original Executed Agreement)
Eileen Gomez (with Original Executed Agreement)
Gary Van Osdel (with Copy of Executed Agreement)
Mike Trout (with Copy of Executed Agreement)
201 North E Stt8et, Suite 301 · San Bernardino. CaI/fomIa 92401-1507' (909) 663-1044 . Fax (909) 888-9413
www.sanbematdino-eda.org.