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HomeMy WebLinkAboutCDC/1999-09 1 2 RESOLUTION NO. CDc/1999-9 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING THAT CERTAIN EXCHANGE AGREEMENT WITH THE DEPARTMENT OF 4 GENERAL SERVICES AND THAT CERTAIN PURCHASE AND SALE AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION 5 6 WHEREAS, the Redevelopment Agency of the City of San 7 Bernardino (the "Agency") is organized and existing under the 8 Community Development Law (Health and Safety Code Section 33000, et 9 ~.) and is authorized thereunder to purchase and sale property in 10 order to carry out its redevelopment purposes; and 11 12 WHEREAS, on or about June 11, 1992, the Department of 13 General Services of the State of California (the "Department") 14 transferred that certain real property located at 9th and Del Rosa 15 (the "9th and Del Rosa Site") to the City; and 16 17 WHEREAS, at the time of the transfer it was intended that 18 said 9th and Del Rosa Site be transferred to the Agency, as the Agency 19 Executive Director executed the acceptance for the 9th and Del Rosa 20 Site, however, the grant deed was made to the City; and 21 22 WHEREAS, the City now desires to transfer the 9th and Del 23 Rosa Site to the Agency and the Agency now desires to accept said 24 property; and 25 26 WHEREAS, the 9th and Del Rosa Site was transferred subject 27 to a Deed of Trust in the amount of Two Million Seven Hundred Thirty 28 Eight Thousand Dollars ($2,738,000) (the "Deed of Trust"); and 1 CDC/1999-9 1 WHEREAS, the Agency has paid the Note secured by the Deed of 2 Trust since its execution and the remaining balance on the Note is One 3 Million Nine Hundred Forty Thousand Six Hundred Five Dollars 4 ($1,940,605) through June, 1997, plus interest from June, 1997 to 5 April, 1999; and 6 7 WHEREAS, the Agency, the Department and the Department of 8 Transportation ("DOTH) entered into that certain Construction Project 9 Management, Operating and Development Agreement (Caltrans Office 10 Building and Parking Facility) (the "Construction Project Management 11 Agreement") which governs the use of and disposition of the certain 12 property described as the Phase II Site and another parcel of property 13 described on Exhibit "A-1" of the Construction proj ect Management 14 Agreement (the "Phase I Site" and collectively with the Phase II Site, 15 the "Site"); and 16 17 WHEREAS, Section 7 of the Construction Project Management 18 Agreement provides the Department an option to purchase the Phase II 19 Site for an option purchase price of Two Million Six Hundred Eighty- 20 One Thousand Five Hundred Dollars ($2,681,500); and 21 22 WHEREAS, the Agency desires to provide a certain credit to 23 the Department towards the purchase price of the Phase II Site in 24 order to transfer ownership of the Phase II Site to the Department in 25 consideration for the Department reconveying the Deed of Trust to the 26 9th and Del Rosa Site to the Agency; and 27 28 2 CDC/1999-9 1 WHEREAS, the Agency now desires to enter into an Exchange 2 Agreement (in the form on file with the Secretary of the Agency) (the 3 "Exchange Agreement") to evidence such transfer; and 4 5 WHEREAS, the Agency desires to enter into a Purchase and 6 Sale Agreement (in the form as on file with the Secretary of the 7 Agency) (the" Purchase and Sale Agreement") to provide the DOT a 8 credit towards the purchase price of the Phase I Site in consideration 9 for the DOT transferring certain property to the Agency located at 247 10 West 3rd Street, San Bernardino, California; and 11 12 WHEREAS, Dr. Irving Feldkamp owns certain property zoned for 13 housing purposes; and 14 15 WHEREAS, the Agency desires to ensure that a portion of said 16 property remains available for low- and moderate-income residents and 17 therefore desires to pay Dr. Feldkamp not more than Four Hundred 18 Thousand Dollars ($400,000) in consideration for Dr. Feldkamp 19 recording certain affordability covenants against his property. 20 21 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, ACTING 22 ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, 23 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 24 25 Section 1. Approval of Exchange Agreement. The Agency 26 hereby approves the form of Exchange Agreement presently on file with 27 the Secretary together with any changes therein or additions thereto 28 as may be approved by the Chairman or Executive Director and as 3 CDc/1999-9 1 necessary to incorporate certain terms and conditions when such terms 2 and conditions have been ascertained. The Agency hereby further 3 authorizes and directs that the form of Exchange Agreement presently 4 on file with the Secretary be converted into the final form thereof, 5 together with such changes or modifications as deemed necessary or 6 desirable by the Chairman or Executive Director of the Agency upon the 7 recommendation of Counsel. The Chairman, Vice-Chairman, or Executive 8 Director or such other authorized officer of the Agency is hereby 9 authorized and directed to execute and deliver the final form of the 10 Exchange Agreement when the same has been prepared. 11 12 Section 2. Approval of Purchase and Sale Agreement. The 13 Agency hereby approves the form of Purchase and Sale Agreement 14 presently on file with the Secretary together with any changes therein 15 or additions thereto as may be approved by the Chairman or Executive 16 Director and as necessary to incorporate certain terms and conditions 17 when such terms and conditions have been ascertained. The Agency 18 hereby further authorizes and directs that the form of Purchase and 19 Sale Agreement presently on file with the Secretary be converted into 20 the final form thereof, together with such changes or modifications as 21 deemed necessary or desirable by the Chairman or Executive Director of 22 the Agency upon the recommendation of Counsel. The Chairman, Vice- 23 Chairman, or Executive Director or such other authorized officer of 24 the Agency is hereby authorized and directed to execute and deliver 25 the final form of the Purchase and Sale Agreement when the same has 26 been prepared. 27 28 4 CDC/19"99-9 1 Section 3. Approval of Provision of Funds to Increase 2 Low- and Moderate-Income Housing. The Agency hereby approves the 3 provision of funds to Dr. Irving Feldkamp in an amount not to exceed 4 Four Hundred Thousand Dollars ($400,000) in consideration for Dr. 5 Feldkamp agreeing to record affordability covenants against a portion 6 of his parcels to restrict said parcels to residents of low- and 7 moderate-income housing. The City Attorney is directed to cause the 8 preparation of an agreement with Dr. Feldkamp for this purpose subject 9 to review by Counsel. 10 11 Section 4. Official Action. The Chairman, Executive 12 Director, Secretary, Counsel and any and all other officers of the 13 Agency are hereby authorized and directed, for and in the name and on 14 behalf of the Agency, to do any and all things and take any and all 15 actions, including execution and delivery of any and all assignments, 16 certificates, requisitions, agreements, notices, consents, instruments 17 of conveyance, warrants and other documents, which they, or any of 18 them, may deem necessary or advisable in order to consummate the 19 transactions contemplated herein. Whenever in this Resolution any 20 officer of the Agency is authorized to execute or countersign any 21 document or take any action, such execution, countersigning or action 22 may be taken on behalf of such officer by any person designated by 23 such officer to act on his or her behalf in the case such officer 24 shall be absent or unavailable. The Agency hereby appoints its 25 Chairman and Executive Director as agents of the Agency for purposes 26 of executing any and all documents and instruments which any officer 27 of the Agency is authorized to execute hereunder. 28 5 CDc/1999-9 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING THAT 2 CERTAIN EXCHANGE AGREEMENT WITH THE DEPARTMENT OF GENERAL SERVICES AND THAT CERTAIN PURCHASE AND SALE AGREEMENT WITH THE DEPARTMENT OF 3 TRANSPORTATION 4 5 Section 5. This Resolution shall take effect upon the 6 date of its adoption. 7 8 I HEREBY CERTIFY that the foregoing Resolution was duly 9 adopted by the Community Development Commission of the City of 10 San Bernardino at an adjourned regular meeting thereof, held on the 11 5th day of April, 1999, by the following vote, to wit: - 12 Commission Members: AYES NAYS ABSTAIN ABSENT ESTRADA ~ 13 LIEN ~ MCGINNIS ------X..- 14 SCHNETZ ~ DEVLIN x 15 ANDERSON x MILLER - x 16 to form and legal content: s hereby approved this 'J+h day 17 18 The foregoing resolution 19 of April, 1999. 20 21 22 23 24 25 26 /Cu-~ lIes, Chalrperson nit Development Commission C'ty of San Bernardino By: SBEO/0179/DOC/1735-1 27 3/31/99 140 ct 28 6