HomeMy WebLinkAboutCDC/2000-17
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RESOLUTION NO. CDC/2000-17
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, AS
THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, APPROVING AND
AUTHORIZING EXECUTION BY THE CHAIRPERSON OF
THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO OF AN AMENDMENT TO THAT
CERTAIN 1999 PROPERTY OWNER REDEVELOPMENT
AGREEMENT (BOBBITT MEMORIAL CHAPEL) DATED JULY
1, 1999, TO EXTEND THE TIME FOR COMPLETION OF
THE DEVELOPMENT PROJECT TO A DATE NOT LATER
THAN JULY 31, 2001
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WHEREAS, on July 1, 1999, the Redevelopment Agency of the
10 City of San Bernardino (the "Agency") entered into that certain
11 1999 Property Owner Redevelopment Agreement (Bobbitt Memorial
12 Chapel) dated July 1, 1999 (the "Agreement"), with The Gary and
13 Patricia Bobbitt Revocable Trust (the "Developer") for development
14 of a mortuary on property owned by the Developer and located within
15 the City of San Bernardino, as specified in the Agreement; and
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WHEREAS, Section 1 (ii) of the Agreement requires the
18 Developer to complete development of the mortuary on the property
19 prior to July 31, 2000; and
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21 WHEREAS, the Developer informs the Agency that it will
22 not be able to complete development of the mortuary on the property
23 prior to July 31, 2000; and
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WHEREAS, extension of the time for the Developer to
26 complete development of the mortuary on the property to a date not
27 later than July 31, 2001, is appropriate under the circumstances,
28 is consistent with the Mount Vernon Corridor Redevelopment Plan and
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CDC/2000-17
1 will assist the Agency in eliminating conditions of blight within
2 the redevelopment project area.
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4 NOW, THEREFORE, BE IT RESOLVED, DETERMINED, DECLARED AND
5 ORDERED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
6 BERNARDINO, AS FOLLOWS:
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Section 1.
The Recitals set forth above are true and
9 correct, as of the date of this Resolution.
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Section 2.
The Community Development Commission
12 hereby determines that extension of the time for the Developer to
13 complete development of the mortuary on the property to a date not
14 later than July 31, 2001, is appropriate under the circumstances,
15 is consistent with the Mount Vernon Corridor Redevelopment Plan and
16 will assist the Agency in eliminating conditions of blight within
17 the redevelopment project area.
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Section 3.
The Community Development Commission
20 hereby approves and authorizes the Chairperson of the Community
21 Development Commission to execute an amendment to Section l(ii) of
22 the Agreement, in the form attached hereto as Exhibit 1 and
23 incorporated herein by this reference, with such technical and
24 conforming changes as approved by Agency Special Counsel, to extend
25 the date for completion of the work of improvement of the
26 Development Project, as specifically set forth in the Agreement, to
27 a date not later than July 31, 2001.
28 III
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1 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, AS THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY
2 OF THE CITY OF SAN BERNARDINO, APPROVING AND AUTHORIZING EXECUTION
BY THE CHAIRPERSON OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
3 CITY OF SAN BERNARDINO OF AN AMENDMENT TO THAT CERTAIN 1999
PROPERTY OWNER REDEVELOPMENT AGREEMENT (BOBBITT MEMORIAL CHAPEL)
4 DATED JULY 1, 1999, TO EXTEND THE TIME FOR COMPLETION OF THE
DEVELOPMENT PROJECT TO A DATE NOT LATER THAN JULY 31, 2001
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6 I HEREBY CERTIFY that the foregoing Resolution was duly
7 adopted by the Community Development Commission of the City of
8 San Bernardino at a Joint Regular
meeting thereof, held on
9 the 19th
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11 Commission
ESTRADA
12 LIEN
MCGINNIS
13 SCHNETZ
SUAREZ
14 ANDERSON
Me CAMMACK
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day of June, 2000, by the following vote, to wit:
AYES
X
X
X
X
X
X
X
NAYS
ABSTAIN
ABSENT
~y~k~
Resolution is hereby approved this ;<~
~4~
Esther Estrada, Vice-Chair ion
Community Development Comm.
of the City of San Bernardino
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CDC/2000-17
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
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AMENDMENT NO.1
TO
1999 PROPERTY OWNER REDEVELOPMENT AGREEMENT
(BOBBITT MEMORIAL CHAPEL)
THIS AMENDMENT NO. 1 TO 1999 PROPERTY OWNER
REDEVELOPMENT AGREEMENT (BOBBITT MEMORIAL CHAPEL) (hereinafter referred
to as "Amendment No. I ") is entered into as of June _, 2000, by and between the
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter referred to
as the "Agency") and THE GARY AND PATRICIA BOBBITT REVOCABLE TRUST (hereinafter
referred to as the "Developer"), with respect to the following facts:
Recitals
WHEREAS, on July 1, 1999, the Agency entered into that certain 1999 Property
Owner Redevelopment Agreement (Bobbitt Memorial Chapel) dated July 1, 1999 (the
"Agreement"), with The Gary and Patricia Bobbitt Revocable Trust (the "Developer") for
development of a mortuary on property owned by the Developer and located within the City of San
Bernardino, as specified in the Agreement; and
WHEREAS, Section l(ii) of the Agreement requires the Developer to complete
development of the mortuary on the property prior to July 31,2000; and
WHEREAS, the Developer informs the Agency that it will not be able to complete
development of the mortuary on the property prior to July 31,2000; and
WHEREAS, extension of the time for the Developer to complete development of the
mortuary on the property to a date not later than July 31, 2001, is appropriate under the
circumstances, is consistent with the Mount Vernon Corridor Redevelopment Plan and will assist
the Agency in eliminating conditions of blight within the redevelopment project area.
NOW, THEREFORE, THE AGENCY AND THE DEVELOPER HEREBY AGREE
AS FOLLOWS:
Terms
1. The Recitals set forth above are hereby incorporated into this Amendment No.
1 by this reference, as though fully set forth herein.
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2. Section I (ii) of the Agreement shall be amended to read in its entirety as
follows:
"(ii) the Property Owner has completed the work of improvement
of the Development Project on the property by a date not later
than July 31, 200 I. For the purposes of this Agreement, the
words "work of improvement of the Development Project"
shall be deemed completed on the date when the City issues
a certificate of occupancy to the Property Owner for the
completion of the Development Project in accordance with
the practices and procedures of the City Building
Department. "
3. All words and phrases indicated by initial capitalization in this Amendment
No. I, which are not expressly defined herein, shall have the same meanings and definitions attached
to them as may be set forth in the Agreement.
4. This Amendment No. I shall be subject to the terms and provisions of the
Agreement, except as to those terms and provisions expressly modified by this Amendment No. I.
5. If any term or provision of this Amendment No. I or the application thereof
to certain circumstances shall be declared invalid or unenforceable, the remainder of this
Amendment No. I, or the application of such term or provision to circumstances other than those
to which it is declared invalid or unenforceable, shall not be affected thereby, and each term and
provision of this Amendment No. I shall be valid and enforceable to the fullest extent permitted by
law.
6. The persons executing this Amendment No. I warrant that they are duly
authorized to execute this Amendment No. I on behalf of and bind the parties each purports to
represent.
7. This Amendment No. I may be executed by the parties hereto in duplicate
originals, each of which shall be considered an original, but all of which together shall constitute one
and the same instrument.
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.1 to
be executed, as of the dates set forth below next to the signatures of their authorized representatives,
as follow:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
DATED:
((i /?x/O cJ
I
By:
u t Valles
C airperson
mmunity Development Commission
of the City of San Bernardino
ATTEST:
1 /) t:
. / /"~--
tit., (po, /~-'I,?("';;' J // /l
Agency Secretary r..u
0c~,. V~'! 05jc(
J
APPK7L
Agency Special Counsel
THE GARY AND PATRICIA BOBBITT
REVOCABLE TRUST
DATED:
f;;h:!h~~
DATED:
b~~~
I
By: J~ In c1i-th:r
Nam, C-/l/C'l "" ~O.t5(JJ; 17
rJ..'~. ~ '
By: J;t~eW /./ '-' LIed
Name: ;#772/e/A A. &~4;/I.
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