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RESOLUTION NO. CDC/2002-26
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO.1 TO THE
REDEVELOPMENT PLANNING AND PARTICIPATION AGREEMENT
FOR THE SANTA FE DEPOT REDEVELOPMENT IMPLEMENTATION
AREA (ARTHUR PEARLMAN CORPORATION)
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WHEREAS, the Community Development Commission of the City of San Bernardino
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(the "Commission") is the governing body of the Redevelopment Agency of the City of San
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Bernardino (the "Agency"), a public body corporate and politic, organized and existing pursuant
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to the Community Redevelopment Law (California Health and Safety Code Section 33000, et.
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~); and
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WHEREAS, the Agency and Arthur Pearlman Corporation, a California corporation,
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the ("Participant") entered into that certain 2001 Redevelopment Planning and Participation
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Agreement dated August 6, 2001 (the "Agreement") for the purpose of exploring the
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possibilities for the redevelopment of the Santa Fe Depot Redevelopment Implementation Area
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(the "Area") within the Uptown and Mt. Vernon Redevelopment Project Areas; and
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WHEREAS, The Participant has been progressing diligently, but due to the complexity
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of the project will not be able to negotiate a Disposition and Development Agreement (DDA)
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within the allotted tine; and
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WHEREAS, The Agency is willing to extend the termination date of the Agreement to
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allow the Participant further time in order to negotiate a DDA; and
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WHEREAS, Amendment No. 1 to the Agreement ("Amendment No.1") has been
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presented to this Commission for approval.
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CDC/2002-26
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
2 THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND
3 ORDER AS FOLLOWS:
4 Section 1. The Commission hereby approves Amendment No. 1 attached hereto as
5 Exhibit "A".
6 Section 2. The Executive Director of the Agency is hereby authorized to execute
7 Amendment No.1 on behalf of the Agency in substantially the form attached hereto, together
8 with such changes therein as may be approved by the Executive Director and Agency Special
9 Counsel. The Executive Director or such other designated representative of the Agency is
10 further authorized to do any and all things and take any and all actions a may be deemed
11 necessary or advisable to effectuate the purposes of Amendment No.1.
12 Section 3. The Resolution shall become effective immediately upon its adoption.
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CDC/2002-26
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO.1 TO THE
REDEVELOPMENT PLANNING AND P ARTICIP A TION AGREEMENT
FOR THE SANTA FE DEPOT REDEVELOPMENT IMPLEMENTATION
AREA (ARTHUR PEARLMAN CORPORATION)
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Section 4. This Resolution shall become effective immediately upon its adoption.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by Community
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Development Commission of the City of San Bernardino at a
j oint regular meeting
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thereof, held on
15th
day of
July
, 2002 by the following vote,
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10 COMMISSION MEMBERS: AYES NAYS ABSTAIN
ABSENT
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ESTRADA x
12 x
LIEN
13 x
MCGINNIS
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DERRY x
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SUAREZ X
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ANDERSON X
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MC CAMMACK
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The foregoing resolution is hereby approved this
July , 2002.
day of
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Ju' Vailes, Chairperson
o munity Development
ommlSSlOn
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CDC/2002-26
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AMENDMENT NO.1
TO THE
2001 REDEVELOPMENT PLANNING
AND PARTICIPATION AGREEMENT
(Santa Fe Depot Redevelopment Implementation Area)
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Amendment No.
to the 2001 REDEVELOPMENT PLANNING AND
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P ARTICIP A TION AGREEMENT ("Agreement) is entered into as of July 15, 2002 by and
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between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a
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body corporate and politic ("Agency") and Arthur Pearlman Corporation, a California
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corporation, jointly and severally (collectively referred to herein as the "Participant" with
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respect to the following facts:
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RECITALS
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WHEREAS, the Agency and the Participant entered into that certain 2001
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Redevelopment Planning and Participation Agreement, dated August 6, 2001 (the
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"Agreement"), concernmg the Santa Fe Depot Redevelopment Implementation Area (the
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"Area"); and
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WHEREAS, the Agreement states that it shall be terminated and be of no further force
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or effect August 6, 2002, unless prior to that time the parties agree to extend the term of this
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Agreement in the sole discretion of each of them; and
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WHEREAS, the Participant desires that the termination date be extended in order to
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negotiate a Disposition and Development Agreement (DDA) for the Area; and
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WHEREAS, the Agency is willing to extend the termination date of the Agreement to
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allow the Participant further time in order to negotiate a DDA.
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CDC/2002-26
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
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Section 1.
The Recitals set forth above are hereby incorporated into this
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Amendment No. I 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.
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Section l.(a) and (b) of the Agreement is hereby amended to read in its
Section 3.
entirety, as follows:
(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 appears on page 13, below, and
thereafter this Agreement shall terminate and be of no further force or effect February
6, 2003 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
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installments of Project Study Costs and terminating this Agreement; or
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
(ii)
discretion of each of them.
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CDC/2002-26
(b) The rights and duties of the parties established by this Agreement shall be subject to
mutual release and discharge prior to February 6, 2003 by the governing board of the
Agency, at such time as the parties execute a separate participation agreement (herein
the "Project OPNDDA") for a specific plan of reuse and redevelopment
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CDC/2002-26
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IN WITNESS WHEREOF, the undersigned have executed this Agreement on the dates
indicated next to each of their signatures as appear below
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PARTICIPANT
Arthur Pearlman Corporation,
A California corporation
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Date:
By:
For Arthur Pearlman Corporation
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Date: #
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