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Home My WebLink AboutCDC/2001-58 2 RESOLUTION NO. CDC/2001-58 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AN AMENDMENT NO. 1 TO A PROPERTY OWNER REDEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND YELLOW FREIGHT SYSTEM, INC., AN INDIANA CORPORATION AND AUTHORIZING THE EXECUTION OF SAID AMENDMENT ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 3 4 5 6 7 8 WHEREAS, Yellow Freight System, Inc. (collectively, with any related entity, the "Property Owner") has requested that the Redevelopment Agency of the City of San Bernardino (the "Agency") approve the terms of an Amendment No. 1 to the Property Owner Redevelopment Agreement (the "Agreement") for the purpose of supporting the redevelopment and reuse of certain lands and providing reimbursement financing for the construction of off- site street improvements adjacent to a new freight terminal development project at 1500 West Rialto Avenue, San Bernardino, California (the "Project"); and WHEREAS, the Project is consistent with the goals of the Mt. Vernon Corridor Redevelopment Project Area, the General Plan; and WHEREAS, the Project has resulted in the construction of an 115,178 square foot interior area freight transfer and truck terminal facility by the Property Owner, and the completion of the Project shall assist the Agency in accomplishment of its goal to reduce blight in the project area, pursuant to Redevelopment Law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 10 11 12 13 14 15 16 17 18 19 20 The above recitals are true and correct. Section 1. Section 2. Pursuant to CEQA Regulations Section 15096, the Community 21 22 Development Commission, as the governing board of the Agency, finds that as a responsible agency under CEQA for the purpose of the redevelopment assistance provided to the Property Owner under the terms of the Agreement and Amendment No.1, no further environmental review of the Project or the Agreement by the Commission is necessary at this time in connection with its consideration of the approval of the Agreement. The City of San Bernardino has, by separate action, previously approved the Project, subject to a number of 23 24 25 -1- 12/17101 Yellow Freight System, Inc. CDC/2001-58 2 conditions and development impact mitigation measures, and the Property Owner shall be responsible for complying with those conditions and measures. A copy of the July 13, 2000 CEQA determination of the DRC of the City of San Bernardino is on file with the Agency Secretary. Section 3. The Community Development Commission hereby approves the Amendment No. 1 to the Agreement with the Property Owner. The Community Development Commission hereby authorizes and directs the Chairperson or her designee to execute Amendment No. 1 to the Agreement on behalf of the Agency. The Executive Director of the Agency is hereby authorized to make minor corrections, additions, and clarifications to the Amendment prior to its execution by the Chairperson, provided said changes are approved by Agency Counsel, are not substantive in nature, and do not increase the monetary impact to the Agency under the terms of the Agreement as previously approved. Section 4. Subject to the satisfaction by the Property Owner of the conditions set forth in the Agreement, the obligation of the Agency to make the reimbursements to the Property Owner under the terms of the Agency Promissory Note from the special source of funds described in the Agreement, shall be an "indebtedness of the Agency", as this term is defined in Health and Safety Code Section 33675. The Executive Director is hereby directed to cause the Statement of Indebtedness for the Mount Vernon Corridor Redevelopment Project to include the indebtedness of the Agency to the Property Owner, as evidenced by the Agreement and the Agency Promissory Note, to be filed with the Auditor-Controller of San Bernardino County in the manner authorized by law. Section 5. The authorization to execute the Amendment No.1 is rescinded if the Agreement is not fully executed by both parties within sixty (60) days of the passage of this Resolution. Section 6. This resolution shall take effect immediately upon its passage. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 IIII 22 IIII 23 IIII 24 IIII 25 -2- 12/J 7101 Yellow Freight System, Inc. CDC/2001-58 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AN AMENDMENT NO. 1 TO A PROPERTY OWNER REDEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND YELLOW FREIGHT SYSTEM, INC., AN INDIANA CORPORATION AND AUTHORIZING THE EXECUTION OF SAID AMENDMENT ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 3 4 5 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 8 Community Development Commission of the City of San Bernardino at a j t. reg .meeting 9 thereof, held on the 17th day of December ,2001, by the following vote to wit: 10 COMMISSION MEMBERS: AYES ESTRADA X - LIEN ~ MCGINNIS X SCHNETZ ~ SUAREZ ~ ANDERSON ---1L-- MC CAMMACK X NAYS ABSTAIN ABSENT 11 12 13 14 15 16 17 18 19 The foregoing resolution is hereby approved this 1''r1Hdayof December ,2001. 20 21 22 23 Approved a 0 form and Legal Content: 24 25 By: -3- 12/17/01 Y cBow Freight System, Inc. CDC/2001-58 1 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AMENDMENT NO.1 2001 PROPERTY OWNER REDEVELOPMENT AGREEMENT (YELLOW FREIGHT SYSTEM, IN C.) 2 3 4 5 THIS AMENDMENT NO.1 (the "Amendment No.1") to that certain 2001 Property Owner Redevelopment Agreement ("Yellow Freight System, Inc.") by and between the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic (the "Agency"), and Yellow Freight System, Inc., an Indiana corporation ("Property Owner"), dated as of January 8, 2001 (the "Agreement"), is entered into within reference to the following facts: RECIT ALS WHEREAS, the Agency and the Property Owner established a date for completion of the proposed development of the Property Owner contemplated in the Agreement by December 31, 2001; and WHEREAS, the Property Owner encountered unanticipated delays in completing off- site improvements required under the Agreement due to lead times and other delays encountered with public utility companies and State agencies necessary to complete such off- site improvements; and WHEREAS, the Agency and the Property Owner desire to extend the time for the Property Owner to complete the required off-site improvements under the Agreement; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Section 1. The Recitals set forth above are hereby incorporated into this Amendment No.1 by this reference, as though fully set forth herein. Section 2. Except as hereby amended, the Agreement is in all respects ratified and confirmed and all the terms and provisions and conditions thereof shall be and remain in full force and effect. Section 3. Section l.(ii) of the Agreement is hereby amended to read in its entirety, as follows: 22 23 24 25 26 27 28 1 CDC/2001-58 1 "(ii) the Property Owner has completed the work of improvement of the Development Project on the Property, including the installation of the off-site work to be conducted by the Property Owner in various public street rights-of- way, as described in Exhibit "D" as the "Public Improvement Items," by a date not later than June 31, 2002. For the purposes of this Agreement, the words "work of improvement of the Development Project" shall be deemed "completed" on the date when the Property Owner files its notice of completion as defined in Civil Code Section 3093 for the Development Project;" Section 4. This Amendment No. 1 shall take effect from and after the date of adoption and approval by the Agency and both of the parties, pursuant to due authorization, have executed this Amendment No.1. Section 5. This Amendment No.1 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. Section 6. The agreements contained herein shall not be construed in favor of or against any party, but shall be construed as if all parties prepared this Amendment No. Section 7. The Agreement, as amended by this Amendment NO.1 constitutes the entire agreement between the parties hereto. The Agreement, as amended by this Amendment No.1, supersedes all prior negotiations, discussions and previous agreements between the parties concerning the subject matters covered therein. The parties intend the Agreement, as amended by this Amendment No.1, to be the final expression of their agreement with respect to the subjects covered therein and herein and a complete and exclusive statement of such terms. Section 8. No modification, waiver, amendment, discharge, change or alteration of the Agreement, as amended by this Amendment No.1, is valid, unless in writing and signed by both of the parties hereto. IIII IIII IIII IIII 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 CDC/2001-58 1 IN WITNESS WHEREOF, the Redevelopment Agency of the City of San Bernardino and Yellow Freight System, Inc., by and through the signatures of their duly authorized representatives below, hereby execute this Amendment No.1, as follows: 2 3 4 5 6 7 Dated: 8 9 Dated: 10 11 12 13 14 15 Dated: 16 17 18 19 Dated: 20 21 22 23 By: 24 25 26 27 28 PROPERTY OWNER Yellow Freight System, Inc., An Indiana corporation By: President By: AGENCY Redevelopment Agency of the City of San Bernar . 0 By: /: G~ Van Osdel S'ecretary 3 CDC/2001-58 IN WITNESS WHEREOF, the Redevelopment Agency of the City of San Bernardino and Yellow Freight System, Inc., by and through the signatures of their duly authorized representatives below, hereby execute this Amendment No.1, as follows: Dated: Dated: ,/2(;2-#) Dated: Doled; LZ ,,:>0/ I r ... Approved As To Form: By: SB2001 :36532.1 PROPERTY OWNER Yellow Freight System, Inc., An Indiana corporation By: Vice President ~~., BY>~~,d1 ~~\Ol l I'" AGENCY Redevelopment Agency of the City of Sa ernardino / By: By: I I Page 3