HomeMy WebLinkAboutCDC/1999-15
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Exhibits Attached to Res 1999-93
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RESOLUTION NO.
CDC 1999-15
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RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO AUTHORIZING AMENDMENT
NO. 1 TO JOINT DEVELOPMENT AGREEMENT (SAN
BERNARDINO MUNICIPAL SPORTS COMPLEX) BY AND
AMONG THE CITY OF SAN BERNARDINO, THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND EMPIRE A/G RECREATION, LLC
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WHEREAS, the Redevelopment Agency of the City of
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San Bernardino (the "Agency") is a public body, corporate and
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politic organized under the laws of the State of California; and
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WHEREAS, the Agency, the Ci ty of San Bernardino, a
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municipal corporation ("City") and Empire A/G Recreation, LLC, a
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California limited liability corporation ("Empire") entered into
that certain Joint Development Agreement (San Bernardino Municipal
Sports Complex) dated August 19, 1996 ("Agreement") providing for
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the development by Empire of a fifty (50) acre parcel of real
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property ("Property") near the Highway 3 0 Highland Avenue Exit,
including
the
construction
thereon
of
improvements
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("Improvements") consisting of a public recreational facility
consisting of sixteen (16) soccer fields with ancillary buildings,
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parking and related landscaping ("Project"); and
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WHEREAS,
the Agreement further provides that a real
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estate commission shall be paid to Empire by City in an amount not
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to exceed One Hundred Thirty-Five Thousand Dollars ($135,000.00) as
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follows: (i) $45,000 of the commission shall be paid upon execution
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of the Agreement, execution of a lease of the Property and
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CDC 1999-15
1 Improvements by and between the City and the CYSA-South San
2 Bernardino Soccer Foundation, a nonprofit public benefit
3 corporation ("Foundation"), for the benefit of the California Youth
4 Soccer Association-South ("CYSA-S"), enabling CYSA-S to conduct
5 annual recreational and competitive league programs and tournaments
6 ("Lease") and execution of a "Certificate of Membership and Good
7 Standing and Guarantee of Continuity of Sanctioning Authority" to
8 allow Empire to prepare the Project for public works bidding; (ii)
9 $45,000 of the commission shall be paid upon City's execution of a
10 certificate of completion with respect to the Improvements
11 ("Certificate of Completion"), the approval of CYSA-S of the
12 construction and installation of the Improvements on the Property,
13 the commencement of the term of the Lease, and upon Empire
14 demonstrating to the reasonable satisfaction of the City that not
15 less than 34,145 hotel room nights were rented within the City
16 during the preceding twelve-month period for CYSA-S related
17 activities, and that at least 12 of the tournaments set forth on
18 Exhibit "B" to the Lease in fact occurred and at least 2,223 of the
19 number of participating teams set forth on said Exhibit "B" to the
20 Lease in fact attended a Soccer Tournament as defined in Section
21 3.3 of the Lease; and (iii) $45,000 of the commission shall be paid
22 not sooner than one (1) year after the occurrence of item (ii) and
23 thereafter upon Empire's demonstrating to the satisfaction of the
24 City that not less than 40,973 hotel room nights were rented within
25 the City during the preceding twelve-month period for CYSA-S
26 related activities and that at least 15 of the tournaments set
27 forth on Exhibit "B" to the Lease in fact occurred and at least
28 2,668 of the number of participating teams set forth in said
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1 Exhibit "B" to the Lease in fact attended a Soccer Tournament as
2 defined in Section 3.3 of the Leasei and
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4 WHEREAS, the City has executed the Certificate of
5 Completion; and
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7 WHEREAS, CYSA-S has approved the construction and
8 installation of the Improvements on the Property, and the Lease
9 term has commenced; and
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11 WHEREAS, the requirement that Empire demonstrate that a
12 certain number of hotel room nights have been rented within the
13 City during a given period for CYSA-S related activities is
14 impossible of fulfillment, given the lack of data on which to base
15 the calculation; and
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17 WHEREAS, Empire has demonstrated to the Agency and the
18 City that, during the preceding twelve-month period, at least 12 of
19 the tournaments set forth on Exhibit "B" to the Lease have occurred
20 and at least 2,223 of the number of participating teams set forth
21 on Exhibit "B" to the Lease have attended a Soccer
22 Tournament; and
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24 WHEREAS, the Agency and the City are desirous of amending
25 the Agreement to impose on Empire with respect to the two remaining
26 installments earn-out standards susceptible of demonstration.
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1 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION,
2 ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF
3 SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
4 FOLLOWS:
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Section 1. A9vroval of Form of Amendment. The Agency
hereby approves the form of amendment ("Amendment No.1") presently
on file with the Secretary together with any changes therein or
additions thereto as may be approved by the Executive Director. The
Executive Director of the Agency is hereby authorized and directed
to execute and deliver, and the Secretary or Assistant Secretary is
hereby authorized and directed to attest to, the final form of
Amendment No. 1 when the same has been prepared.
Section 2. Official Action. The Executive Director
and Secretary and any and all other officers of the Agency are
hereby authorized and directed, for and in the name and on behalf
of the Authority, to do any and all things and take any and all
actions which they, or any of them, may deem necessary or advisable
to consummate the transaction contemplated herein.
20 in order
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CDC 1999-15
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING
2 AMENDMENT NO. 1 TO JOINT DEVELOPMENT AGREEMENT (SAN BERNARDINO
MUNICIPAL SPORTS COMPLEX) BY AND AMONG THE CITY OF SAN BERNARDINO,
3 THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND EMPIRE
A/G RECREATION, LLC
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Section 3.
This Resolution shall take effect upon the
6 date of its adoption.
7 I HEREBY CERTIFY that the foregoing Resolution was duly
8 adopted by the Community Development Commission of the City of
9 San Bernardino at a
;oint regular
meeting
10 thereof, held on the 17th
day of
May
, 1999,
11 by the following vote, to wit:
12 Commission Members: AYES NAYS ABSTAIN ABSENT
13 ESTRADA x
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LIEN x
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14 McGINNIS x
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SCHNETZ x
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15 DEVLIN x
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ANDERSON x
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16 MILLER x
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19 The foregoing resolution
day of May , 1999.
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25 By:
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les, Chairperson
y Development Commission
ity of San Bernardino
s