HomeMy WebLinkAboutCDC/2002-04
ESee Companion Resolution 2002-17)
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RESOLUTION NO. CDC/2002-4
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE AGENCY CHAIRPERSON, OR ITS DESIGNEE,
TO EXECUTE AN AMENDMENT ("AMENDMENT NO.2") TO THE
THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT
DATED JULY 19, 1999, (THE "DDA") AND SUBSEQUENTLY
AMENDED ON DECEMBER 4, 2000, BY AND BETWEEN THE
REDEVELOPMENT AGENCY AND CENTURY CROWELL
COMMUNITIES, L.P., ("DEVELOPER") - DEVELOPMENT OF 38
PARCELS LOCATED WITHIN THE NORTHWEST REDEVELOPMENT
PROJECT AREA
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WHEREAS, the Redevelopment Agency of the City of San Bernardino ( the "Agency")
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owns or has a beneficial interest in certain subdivided lands referred to in this Resolution
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collectively as the "Sites" which are situated within the redevelopment project area of the
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Northwest Redevelopment Project Area described as: Lots No.s 1 through 38 Subdivision
Tract Map No. 13822 ( the "Phase II Site"); and
WHEREAS, the City of San Bernardino (the "City") acquired the Phase II Sites from
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Dukes-Dukes and Associates, which said agreement was cancelled following the approval of an
"Agreement for Relinquishment of Rights and Forgiveness of Obligations" (the "Relinquishment
Agreement") dated as of February 21, 1994 by and between Dukes-Dukes and Associates and
the Agency; and
WHEREAS, subsequent to the Relinquishment Agreement, the Agency entered into a an
Exclusive Right to Negotiate for Property Acquisition and Redevelopment Assistance on
February 1, 1999, and thereafter, the Disposition and Development Agreement (the "DDA") wit
Century Crowell Communities, 1. P., a California limited partnership (the "Developer") on July
19, 1999, and as subsequently amended on December 4,2000, (the "Amendment No.1") for
development of Phase I consisting of twenty four (24) single family homes under certain terms
and conditions, the said Amendment No.1 contemplated that the Developer would have an
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CDC/2002-4
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option, but under no obligation to purchase the Phase II Sites from the Agency, under certain
negotiated terms and conditions between the Agency and Developer; and
WHEREAS, the Agency and Developer desire to amend the Agreement, (the
Amendment No.2") to the Agreement; and
WHEREAS, it is appropriate for the Commission to take the actions as it pertains to the
Amendment No.2 and approve the Amendment No.2 as set forth in this Resolution.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING
ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO DO HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. On January 7, 2002, Commission conducted a full and fair joint public
hearing with the Mayor and Common Council of the City of San Bernardino relating to the
disposition and redevelopment of the Phase II Sites by the Developer pursuant to the terms and
conditions of the Amendment No.2. The minutes of the Agency Secretary for the January 7,
2002 meeting of the Commission shall include a record of all communication and testimony
submitted to the Commission by interested persons relating to the joint public hearing, the 33433
Summary Report and the approval of the Amendment No.2.
Section 2. A copy of the Amendment No.2 in the form submitted at the joint public
hearing is on file with the Agency Secretary. The Commission hereby finds and determines as
follows:
(1)
the disposition and redevelopment of the Phase II Sites by the Developer in
accordance with the Amendment No.2 is consistent with the Redevelopment Plan
for the Northwest Redevelopment Project Area and the Agency Implementation
Plan;
the terms and conditions of the Agreement contain assurances that the Phase II
Sites will be redeveloped for affordable single family residential dwelling
purposes as permitted under the Redevelopment Plan;
(2)
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(3) the purchase price for the Sites payable by the Developer to the Agency, subject
to the satisfaction of the terms and conditions of the Agreement, is an amount
which the Commission declares to be fair market value, and the disposition of the
Phase II Sites on the terms set forth in the Amendment No.2 shall materially
benefit and sustain the implementation of the Redevelopment Plan and assist the
community to increase the supply of affordable single family residential dwelling
units available to persons and households of a low and moderate income.
Section 3. The Commission hereby finds and determines that no further
environmental review by the Agency of the disposition and redevelopment of the Phase II Sites
of the Developer pursuant to the terms and conditions of the Amendment No.2 is necessary at
this time under the California Environmental Quality Act (CEQA), as amended, in light of
following facts: (1) the final subdivision Tract Map 13822 for the Phase II Sites have previously
been recorded and the redevelopment of the Phase II Sites by the Developer pursuant to the
Amendment No.2 will not require any revisions or changes in the approved subdivision tract
maps for the Phase II Sites; and (2) the redevelopment of the Phase II Sites by the Developer
pursuant to the Amendment No.2 does not involve any new significant increase in the severity
of previously identified environment effects which were not previously considered as part of the
approval of the subdivision tract maps for the Phase II Sites; and (3) the Phase II Sites are
situated in the redevelopment project area of the Northwest Redevelopment Project and by virtue
of the facts set forth in subparagraph (1) and (2)above, pursuant to the provisions of Title 14,
California Code of Regulation Section 15180, no further review of the potential effect of the
redevelopment of the Phase II Sites in accordance with the Amendment No.2 is required at this
time under CEQA and the final ErR for the Northwest Redevelopment Project Area.
Section 4. The Commission hereby approves, receives and files the 33433 Report
and the Amendment No.2 in the form as submitted at this joint public hearing.
Section 5. The Commission hereby approves the disposition of the Phase II Sites to
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CDc/2002-4
the Developer on the terms set forth in the Amendment No.2. The Chair of Commission and the
2 Executive Director are hereby authorized and directed to execute the Amendment No.2 on
3 behalf of the Agency together with such technical and conforming changes as may be
4 recommended by the Executive Director and approved by the Agency Counsel. The signatures
5 of the Chair of the Commission and the Executive Director on the Amendment No.2 shall
6 provide conclusive evidence that the Amendment No.2 has taken effect. In the event that the
7 Amendment No.2 may not be fully executed by the parties for any reason within sixty (60) days
8 following the date of adoption, of this Resolution, the authorization granted to the Chair of the
9 Commission and the Executive Director to execute the Amendment No.2 on behalf of the
10 Agency shall be of no further force or effect.
11 Section 6. Provided that the Amendment No.2 has been fully executed by the parties
12 within the period of tine set forth in Section 5 of this Resolution, the Executive Director of the
13 Agency is hereby authorized and directed to take all actions set forth in the Amendment No.2 on
14 behalf of the Agency to close the escrow transaction described therein. The Chair of the
15 Commission and the Executive Director are further authorized and directed to execute an
16 acknowledgement of acceptance of transfer of title of the Phase II Sites from the City pursuant to
17 the Resolution of the Mayor and Common Council of even date herewith, and to execute the
18 final form of the Agency Grant Deed transferring title in the Phase II Sites from the Agency to
19 the Developer upon satisfaction of the applicable conditions for the close of the escrow set forth
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CDC/2002-4
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
2 THE AGENCY CHAIRPERSON, OR ITS DESIGNEE, TO EXECUTE AN
AMENDMENT ("AMENDMENT NO.2") TO THE THAT CERTAIN
3 DISPOSITION AND DEVELOPMENT AGREEMENT DATED JULY 19,
1999, (THE "DDA") AND SUBSEQUENTLY AMENDED ON DECEMBER 4,
4 2000, BY AND BETWEEN THE REDEVELOPMENT AGENCY AND
CENTURY CROWELL COMMUNITIES L.P., ("DEVELOPER") -
5 DEVELOPMENT OF 38 PARCELS LOCATED WITHIN THE NORTHWEST
REDEVELOPMENT PROJECT AREA
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a ioint regular meeting thereof, held
on the 7th day of January ,2002, by the following vote, to wit:
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Commission Members: AYES
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ESTRADA X
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LIEN X
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MCGINNIS X
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SCHNETZ X
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SUAREZ X
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ANDERSON X
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MCCMMACK X
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NAYS
ABSTAIN
ABSENT
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Secr~ I
The foregoing resolution is hereby approved this /Off! dayof January ,2002.
By: .
Approved as t orm and legal content:
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