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See Companion Resolutions CDC 2000-12 & 2000-115
RESOLUTION NO. CDe 2000-11
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIR OF THE
3 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO TO EXECUTE AMENDMENT NO. 1 TO THE
4 REDEVELOPMENT PLANNING AND PARTICIPATION AGREEMENT
(DATED AS OF NOVEMBER 17, 1999) FOR THE TIPPECANOE
5 REDEVELOPMENT IMPLEMENTATION AREA (PEARLMAN/HOPKINS)
6 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
7 THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Chair of the Community Development Commission of the City of San
Bernardino is hereby authorized and directed to execute an Amendment No. 1 to the Participation
Agreement (dated as of November 17, 1999) for the Tippecanoe Redevelopment Implementation
Area with Arthur Pearlman Corporation and Hopkins Real Estate Group, a copy of which is attached
hereto and marked as Exhibit" A" and incorporated herein by reference as fully as though set forth
at length.
SECTION 2. The authorization to execute the above referenced Agreement is rescinded if
the parties to the Agreement fail to execute it and return it to the Office of the City Clerk within sixty
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CDC 2000-11
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AUTHORIZING THE CHAIR OF THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO TO EXECUTE AMENDMENT NO. 1 TO THE
REDEVELOPMENT PLANNING AND PARTICIPATION AGREEMENT
(DATED AS OF NOVEMBER 17, 1999) FOR THE TIPPECANOE
REDEVELOPMENT IMPLEMENTATION AREA (PEARLMAN/HOPKINS)
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
joint
7 Development Commission of the City of San Bernardino at a regular meeting thereof, held
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on the 15th day of May
Commission Members: Ayes
ESTRADA X
LIEN X
-
MCGINNIS X
SCHNETZ --X-
SUAREZ -X-
ANDERSON X
-
MC CAMMACK ~
Abstain
Absent
Nays
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~h.~~
~bhel G. Clark, City Clerk
The foregoing resolution is hereby approved this / 1/ ~ay of May , 2000.
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&4~A24- C1.e~
, Betty Dean Anderson
Vice Chairman
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Approved as t form and Legal Content:
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By:
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CDC 2000-11
2000
AMENDMENT NO. 1 TO
REDEVELOPMENT~PLANNING
AND PARTICIPATION AGREEMENT
(Tippecanoe Redevelopment Implementation Area)
THIS AMENDMENT NO. 1 REDEVELOPMENT PLANNING AND PARTICIPATION
AGREEMENT (herein "Amendment No. I") is entered into as of May _,
2000 by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, a body corporate and politic ("Agency") and HOPKINS
REAL ESTATE GROUP, a California corporation and ARTHUR PEARLMAN
CORPORATION, a California corporation, jointly and severally
(collectively referred to herein as the "Participant"), with
respect to the following facts:
-- RECITALS
WHEREAS, the Participant and the Agency have previously
entered into that certain agreement entitled "1999 Redevelopment
Planning and Implementation Agreement" dated as of November 1999
(the "Agreement") which affects an area of the City of San
Bernardino (the "City") generally situated along the west side of
Tippecanoe Avenue to the north of the right-of-way of the
Interstate 10 Freeway as depicted in the vicinity map attached to
this Amendment No. 1 as Exhibit "A"; and
WHEREAS, the Participant has submitted certain refinements to
the Agency of the conceptual proposal as originally proposed in
, 1999 for the redevelopment of a substantial portion
of the Agency Implementation Area which includes certain
development assumptions and forecasts, including an assumption that
the Participant shall acquire certain lands in the Agency
Implementation Area which are presently owned by third parties on
terms which are economically. feasible for the Participant, and
which are also acceptable to all interested persons. The
refinement of the conceptual redevelopment proposal of the
Participant is attached to this Amendment No.1 as Exhibit "B" (the
"Project") .
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND SUCH
OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS
HEREBY ACKNOWLEDGED BY THE PARTIES, THE AGENCY AND THE PARTICIPANT
AGREE IN THIS AMENDMENT NO. 1 AS FOLLOWS:
Section 1.
1, the meaning of
Agreement shall be
Unless otherwise provided in this Amendment
defined terms and phrases as set forth in
the same when used in this Amendment No.1.
No.
the
The
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text of the Agreement is hereby incorporated into this Amendment
No. 1 by this reference.
Section 2.
acknowledges
The Community Development Commission hereby
receipt of the Agency staff report, dated
, 2000, which sets forth basis for this Amendment No.
1. The Community Development Commission hereby accepts the'
refinement of the description of the proj ect as set forth in
Exhibit "B" to this Amendment No. 1. Exhibit "B" of the Agreement
is hereby replaced with the document entitled Exhibit "B" as
attached to this Amendment No.1.
Section 3. Section 1 of the Agreement is hereby amended by
this Amendment No.1 to read as follows:
"Section 1:
Term of Agreement.
(a) The rights and duties of the parties established by
this Agreement shall commence on the date of acceptance of
this Agreement by the governing board of the Agency as
evidenced by the signatures of its authorized officers as
appear on page 13, below, and thereafter this Agreement shall
terminate and be of no further force or effect on May 15, 2001
unless prior to that time:
(i) the Participant delivers notice to Agency as
set forth in Section 10(a) suspending the obligation of
the Participant to pay the Agency further installments of
Project Study Costs and terminating this Agreement; or
(ii) the Agency delivers notice to the Participant
suspending the Project Study and terminating the
Agreement as set forth in Section 10(b); or
(iii) the parties agree to extend the term of this
Agreement in the sole discretion of each of them.
(b) The rights and duties of the parties established by
this Agreement shall be subject to mutual release and
discharge prior to May 15, 2001 by the governing board of the
Agency, at such time as the parties execute a separate
participation agreement (herein the "Project OPA/DDA") for a
specific plan of reuse and redevelopment of the Project, as
contemplated by Amendment No. 1 to the Agreement, on terms,
conditions and community redevelopment covenants as mutually
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acceptable to the Participant and the Agency in the sole and
absolute discretion of each of them."
Section 4. Section 4(a) and Section 4(b) of the Agreement
are hereby amended by this Amendment No.1 to read as follows:
"Section 4.
Pro;ect Study.
(a) Within thirty (30) days following the date of
approval of Amendment No. 1 this Agreement by the governing
board of the Agency, the Agency shall initiate the preparation
of a feasibility study for the redevelopment of the Project
proposed by the Participant, as refined by Amendment No. 1 to
this Agreement (the "Project Study"). The Agency may retain
the services of a firm of community redevelopment planning and
environmental consultants to assist the Agency staff in the
preparation of the various investigations, surveys and reports
appropriate in connection with the evaluation of the Project.
(b) On a best efforts basis, the Agency shall cause the
initial phase of the Project Study as evidenced by. the
completion of an "Initial Study" for the Project as this term
is defined under CEQA, to be completed within sixty (60) days
following the date of approval of Amendment No. 1 to this
Agreement by the governing board of the Agency. Thereafter,
the Agency shall on a best efforts basis, and subject to the
cooperation of the Participant, cause a draft environmental
impact report for the Project to be circulated for public
comment and review by October 1, 2000. Subject to the
privilege of either party to suspend the Project Study prior
to its completion as set forth in Section 10(a) and (b), as
applicable, each of the parties presently believes that the
Project Study can be completed, including without limitation,
the conduct of a public hearing on a final environmental
improvement report for the Project, within one (1) year
following the date of approval of Amendment No. 1 to this
Agreement by the governing board of the Agency."
Section 5. Except to the extent that Exhibit "8" to the
Agreement has been superseded by the refinements approved by the
parties as set forth in Seci ton 2 of this Amendment No. 1 and
further excepting the amendments to the Agreement as set forth in
Section 3 and by Section 4 of this Amendment No.1, all other
provisions of the Agreement remain in full force and effect.
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Signed in counterpart.
(Retain all 3 original
signature pages)
Section 6. This Amendment No. 1 may be executed in
counterparts and when fully executed by the parties each such
counterpart shall be deemed to be one original document. Each
signatory"to this Amendment No.1 represents and warrants that he
or she has the authority to execute this Amendment No. 1 on behalf
of the party which he or she represents.
IN WITNESS WHEREOF, the
Amendment No. 1 on the dates
signatures as appear below.
undersigned have
indica ted next to
executed this
each of their
PARTICIPANT
Hopkins Real Estate Group, a
California corporation and
Date:
~ Il.-,-d 01)
Arthur Pearlman Corporation,
a California corporation,
jOintl: ~ severally
By; ~
r Hopkins
~
(Steve Hopkins)
By;
Estate Group
AGENCY
Redevelopment Agency of the City
of San Bernardino
Date:
By:
Chair of the Community
Development Commission of
the City of San Bernardino
ATTEST;
By;
Agency Secretary
APPROVED AS TO FORM:
By:
Agency Counsel
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Signed in counterpart.
(Retain all 3 original
signature pages)
Section 6. This Amendment No. 1 may be executed in
counterparts and when fully executed by the parties each such
counterpart shall be deemed to be one original document. Each
signatory to this Amendment No. 1 represents and warrants that he
or she has the authority to execute this Amendment No. 1 on behalf
of the party which he or she represents.
IN WITNESS WHEREOF, the
Amendment No. 1 on the dates
signatures as appear below.
undersigned have executed
indicated next to each of
this
their
PARTICIPANT
Hopkins Real Estate Group, a
California corporation and
Arthur Pearlman Corporation,
a California corporation,
jointly and severally
Date:
~ I}..., ( dO
By:
r Hopkins Real Estate Group
By:
AGENCY
Redevelopment Agency of the City
of San Bernardino
Date:
By:
Chair of the Community
Development Commission of
the City of San Bernardino
ATTEST:
By:
Agency Secretary
APPROVED AS TO FORM:
By:
Agency Counsel
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CD'e 2000-11
Signed in counterpart.
(Retain all 3 original
signature pages)
Section 6. This Amendment No. 1 may be executed in
counterparts and when fully executed by the parties each such
counterpart shall be deemed to be one original document. Each
signatory to this Amendment No. 1 represents and warrants that he
or she has the authority to execute this Amendment No. 1 on behalf
of the party which he or she represents.
IN WITNESS WHEREOF, the
Amendment No. 1 on the dates
signatures as appear below.
undersigned have executed
indicated next to each of
this
their
PARTICIPANT
Hopkins Real Estate Group, a
California corporation and
Arthur Pearlman Corporation,
a California corporation,
jointly and severally
By:
Date:
for Hopkins Real Estate Group
By:
for Arthur Pearlman Corporation
AGENCY
Redevelopment Agency of the City
of San Bernardino
Date:
t/!? /;& 10"
/ ~
BY:~~~ Ql~
. Bet y Dean Anderson
Vice Chairman
By:
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