HomeMy WebLinkAboutCDC/2002-38
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RESOLUTION NO. CDC/2002-38
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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 OF THAT CERTAIN 2002 NEW
JOB OPPORTUNITIES REDEVELOPMENT GRANT
AGREEMENT (MAPEl CORPORATION) AND THE GRANT OF
CERTAIN PROJECT GENERATED TAX INCREMENT
REVENUES IN CONNECTION THEREWITH
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WHEREAS, MAPEl CORPORATION, an Illinois corporation ("Grantee") is acquiring that
10 certain real property commonly known as 5415 Industrial Parkway in the City of San Bernardino,
11 California, and more specifically described in Exhibit "A" hereto and by this reference incorporated
12 herein (the "Property"); and
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WHEREAS, the Property is within the State College Redevelopment Project Area of the
Agency (the "Project Area"); and
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WHEREAS, the Property is subject to that certain Disposition and development Agreement
17 dated November 7, 1996, by and between the Agency and the Grantee, as amended by Amendment No.
18 1 on April 6, 1998, by Amendment No.2 on May 3, 1999, by Amendment No.3 on January 22, 2001
19 and by Amendment No.4 on December 2,2002 (said Disposition and Development Agreement as
20 amended by amendment No.1, Amendment No.2, Amendment No.3 and Amendment No.4 being
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hereinafter referred to as the "DDA"); and
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WHEREAS, the Grantee plans to construct on the Property, in three phases, approximately
315,000 square feet of building improvements (the "Facilities") which may, pursuant to the DDA,
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25 include warehouse facilities, manufacturing facilities, production facilities, industrial facilities,
26 distribution facilities, office facilities, research and development facilities and general commercial and
27 retail facilities; and
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WHEREAS, the Grantee intends to use the Facilities for the production and distribution of
grout, mortar, mastic and similar products; and
WHEREAS, the operation by the Grantee ofthe Facilities will generate new jobs for residents
of the community (the "Economic Development Project"); and
WHEREAS, the DDA provides that the first phase of construction of the Facilities shall be
7 completed no later than December 31,2003; and
8 WHEREAS, the Grantee has represented to the Redevelopment Agency of the City of San
9 Bernardino (the "Agency") that the Economic Development Project will commence promptly upon
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completion of the first phase of construction of the Facilities; and
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WHEREAS, the Grantee has further represented to the Agency that within six (6) months of
commencement of the Economic Development Project, at least sixty (60) new jobs or positions (the
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14 "New Job Opportunities") will be created on the Property; and
15 WHEREAS, the Grantee has further represented to the Agency that the New Job Opportunities
16 will continue in existence on the Property until June 30, 2013; and
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WHEREAS, the Grantee has represented to the Agency that it will incur substantial costs in
connection with the Economic Development Project; and
WHEREAS, the Grantee has requested assistance from the Agency in mitigation of certain of
the costs incurred by the Grantee in connection with the Economic Development Project; and
WHEREAS, the Agency is willing to provide assistance to the Grantee in mitigation of certain
of the costs incurred by the Grantee in connection with the Economic Development Project by
24 reimbursing to the Grantee thirty percent (30%) of the property taxes actually paid by the Grantee on
25 the assessed valuation of the Property after the Agency has subtracted a certain annual base assessed
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value amount for each property tax year commencing with the 2003-2004 property tax year through
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and including the 2012-2013 property tax year; and
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WHEREAS, the Grantee and the Agency propose to enter into a 2002 New Job
2 Opportunities Redevelopment Grant Agreement substantially in the form attached hereto as Exhibit "B"
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(the "New Job Opportunities Grant Agreement").
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, AS THE
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7 GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
8 BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
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Section 1. The above recitals are true and correct.
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Section 2. On December 2,2002, the Commission considered the New Job Opportunities Grant
Agreement at a regular, open, public meeting of the Commission. The minutes ofthe Agency Secretary
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14 for the December 2,2002 regular meeting of the Commission shall include a record of all documents
15 and communication submitted to the Commission by interested persons relating to the consideration
16 of the Agreement.
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Section 3. The Commission hereby finds and determines that the Economic Development
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Project is exempt from the provisions of the California Environmental Quality Act, as amended
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("CEQA"), pursuant to Section l506l(b)(3) of the CEQA Guidelines.
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Section 4. The Commission hereby approves the New Job Opportunities Grant Agreement
22 as submitted at the December 2, 2002, meeting. The Executive Director is hereby authorized and
23 directed to execute the New Job Opportunities Grant Agreement attached hereto as Exhibit "B" and by
24 this reference incorporated hereon on behalf of the Agency, together with such technical and
25 conforming changes as may be approved by the Executive Director and Agency Special Counsel. If
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the New Job Opportunities Grant Agreement is not fully executed by the parties for any reason within
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1 ninety (90) days following the date of adoption of this Resolution, the New Job Opportunities Grant
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Agreement shall become null and void.
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Section 5. Provided that the New Job Opportunities Grant Agreement is fully executed by
the parties within the period oftime set forth in Section 4 of this Resolution, the Executive Director of
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6 the Agency is hereby authorized and directed to take all actions set forth in the New Job Opportunities
CDC/2002-38
1 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO, AS THE GOVERNING BODY OF THE REDEVELOPMENT
2 AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING THAT CERTAIN 2002
NEW JOB OPPORTUNITY REDEVELOPMENT GRANT AGREEMENT (MAPEl
3 CORPORATION) AND THE GRANT OF CERTAIN PROJECT GENERATED TAX
INCREMENT REVENUES IN CONNECTION THEREWITH
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Section 6.
This Resolution shall become effective immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a joint regular
meeting
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thereof, held on the 2nd day of
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9 COMMISSION MEMBERS:
10 ESTRADA
11 LONGVILLE
12 McGINNIS
13 DERRY
14 SUAREZ
15 ANDERSON
16 MCCAMMACK
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December
, 2002, by the following vote to wit:
AYES
NAYS
ABSTAIN ABSENT
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The foregoing Resolution is hereby approved this
December
,2002.
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Approved as to form and
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1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
2 CITY OF SAN BERNARDINO )
3 I, Secretary ofthe Community Development Commission
of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of
4 Community Development Commission of the City of San Bernardino Resolution No. is a
full, true and correct copy of that now on file in this office.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
6 the Community Development Commission ofthe City of San Bernardino this day of
2002.
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Secretary of the
Community Development Commission
of the City of San Bernardino
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
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PARCJl:X, A;
TH1\T POR'l'ION OF aLOCKS 45 Ali\D 46, AND THAT UNNOMBEREP LOT AOJOr~ING BLOCI< 46 ON 'l'HE
WEST OF 'l'rlE ~ANDS OF IRVINGTON IJ\ND 100) WATER COMl?ANY, AS PER P~T RECOfl,DEiD I~ BOOK 1,
RECOfl,DS OF SURVEY, PAGE 32, ImCOlWS OF' SAIP COUNT'!; IN BOOK 3 OF W\!,S, PAGE 9, RECORDS
OF SAID COUNTY; ~ SEcr~ONS ~2 AND 13, TOWNSHIP 1 ~OR~. ~GE 5 WEST, SAN BE~ARDINO
SASE MID M13RIDIAN; SECTION ~8, TOWNSHXP 1 NORTH, RANGE 4 ~RS'r, SM! BE~~DINO BASE AND
MERtDIAN, ACCORDING TO ~ exTENSION OF THE LINEiS OF THE OPFIC~ Gova~ENT SURVEY
BXTENDEiP IN"t'O THE MOSCUp~E RANCHO. AI.L IN THE CITY OF SAN BER.N~prNO COUNTY OF SAN
BS~~NO, STA~E OF CALIFORNIA, LYING SO~STERLY OF THE SOOTHWEsTERHY ~I~ OF THAT
CERTAIN I?AACEL OF !.AND. AS CONVEYED 'l'O THE STATE QF CALlIl'ORNIA EY PEED RECORDEP OCTOBER
25, 1955, IN BOOK 3772, PAGE 93, OFFICI~ RECORDS. AS INSTRUMENT NO. 55. AS PARCEp "BP:
AND NORTJiERLY, NOR'l:'HEASTERLY AND EASTERLY OF THAT CER'I'A!N PARCEL OF LAND, AS CQNVEYSO
TO ~HE ~ BE~INO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED JULy 27, 194B. IN
BOOK 2268, PAGE l.46, OFFIClAL RECORDS: AND NORTHERL';{ .1UID NORTflWESTERLY OF 'fH1+T CERTAIN
PARCEL OF LAND, AS CONVEYED TO SAID SAN BERNARDINO COUNT! F~OOD CONTROL DISTRICT BY
DEED RECORDEP JULY 27, 194&. I~ BOOK 2268, PAGE ~42, OF~IC1AL RECORDS.
TOGETHER WITH THOSE PORTIONS OIY ORBGO~ AvENPE, PINE AV~E, 1?IN~ AVEN(Jij:: J\NIl ORMlGB
AVENUE ~JOIN~NG PORTIO~S OF Tgs PROPERTY HERBIN DESCRIaED, THAT WERB VACATED ~
~O~ED ~';{ RESOLUTION OF THE BOARD O~ SUPERVISORS OF THE COUNTY OF SAN BERNARDINO,
PA~D MAY 27, 1929, ON FILE IN THE SAN B~ARDI~O COUNTY ROAD DEPARTMENT WH!CH WOULD
PASS BY OPERATION OF tAW WITH THE LEGAL CONVEYANCE OF SAID PROPERTY.
EXCgPTING 'I'flEREFROM .ALL THAT pORTION l'HEREOF SHOWN AS PARCELS 1, 2, 3 ~D 4. AS PER
PLAT ATTACNED TO CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTME~ NO. 94-06, RgCORDED
DECEMBER 1~, ~99~, AS INSTRuME~ NO. 9~-493165, OFFICIAL RECORDS; REFERENCE BEING MAD~
~EREIN FOR ~HE COMPLE~E PESCRIPTION AS DESCRIBED IN SAID DOCUMENT.
pARCEL III
PAROEL 1, AS PER PL1'.T ATTACHED TO CERTlli'ICATE OF COMpLI~CE FOR LOT LINE ~JUSTMEN'I' NO.
94-06, RECORDED DECEMBER ~4, 1994, AS INSTRUMENT NO. 94-493165. OFFICI.AL RECORDS. BEING
FORTHER DESCRIBED THEREIN AS FOLLOWS:
A PORTION OF SSCTJON ~2. TOWNSHIP 1 NORTH, RANGE 5 W~ST, SAN BERNARDINO BASE AND
~RIDIAN; AND SEC~ION 7, TOWNSHIP lNORTH, RANGE 4 WEST. SAN BERNARDINO BAS~ ~
MERIDIAN, ML I~ 'I'liE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,. STATE OF
~IFO~IA, ACCORD~G TO THE OFFICI~ GOVERNMENT PLAT THEREOF BEING DESCRIB~D AS
FOLLOWSl
BEGI~NING A~ T~E I~TERSECTION OF TH~ SO~HWESTERLY LINE OF TUAT CERTAIN PARCEL OF ~D
AS CONVEYED TO ~HE S~ATE OF CALl~ORNIA BY DEED RECORDED IN BOOK 3772, PA~~ 93, OWFIC~
RECORDS (I~TERSTATB 2~5), AND THE NOR~ERLY LINE OF 'l'HAT P1lRCE~ OF LAND CONVEYEp TO THE
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY n~ED RECORDED IN aOOK 2268. PAGE 142.
OFFICIAL RECORDS (DEVIL CREE~ CHANNE~l ;
THEWCJ;1 rilORTH 35~ 03' 361\ WES'l', Ba2.~7 FEE':!:' ALONG SAID SOUTHWESTERLY LINE OF INTERSTATE
215 TO A POINT T~GENT TO A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 5909.00 FEET,
THROUGH A CSt'j'rRAL ANGLE OF OlD 15' 41", !IN ARC DISTJlNCE OF 129.30 FE'ST TO 'fIlE TRUE
POINT OFBEQI~ING FOR THIS DESCRIPTION;
RFll'IsTPO .-0II/'2/e~ot<
Loan No:
Escrow-No: 22048229 ~ 1<41
TRaNCE PROM SAIP TRUE pOINT OF aEGINNING ALONG A CURVE CONCAV~ TO THE WEST, HAvING A
RAD:ms OF 5909.00 FEET. THROUGH A CE~ ANG;r..E OF 120 54' 33", .AN ARC PI STANCE OJ;'
1331.35 PEET, MORE OR LESS. TO THE IN~ERSECTION OF SAID SOUTHWESTERLY LINE OF
INTERSTATE 2:1.5 lUilD THE CENTER LrNE OF PINE AVENUE (VAC1\,!I'ED);
THENCE ALONG SAtP CTJ:NTER J.,INB SOUT}{ 270 50' WEST, 369.87 FEET, MOil,E OR LESS, TO A POINT
Il.'l -no;: EASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO THE SAN BERNAAPINO CO'QN'l:'Y FLOOD
CONTROL DISTRICT BY DEED RECORDED IN BOOK 226B, PAGE 146, OFPICI~ RECQRDS (~LE
CANYON FLOOP CON';l'ROLl CHANNEL) ;
THENCE ALONG SAID EASTERLY LINE. SOUTH 320 20' 25" EAST, 389.61 FEET, MORE OR LESS, TO
A POINT TANGEN'!' TO A CURVE CONCAVE TO THE WEST, HAVING A RAP;I:US OF 2065.00 FEET,
THROUGH A C~~ ANGLE OF 210 30' 33", AN ARC DISTANCE OF 770.67 FEET; ,
THENCE ALONG A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 640.00 Fji:E'l', ,+,Hfl,OUGfI A
CENTRAL, ANGLE OP 150 41' 17". AN ARC DISTANCE OF 175.24 FEBT;
THENCf!1 NORTH 230 22' 55" EAS~, 240,00 FEET;
THENCE NORTH 540 56' 24" BAST, 390.11 F~ET TO CLOSE ON THE Til,U~ POINT OF B~GI~tNG,
ARN~PO ..pa/'~/g~R~
1 EXHIBIT "B"
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2 2002 NEW JOB OPPORTUNITIES REDEVELOPMENT GRANT AGREEMENT
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
2002
NEW JOB OPPORTUNITIES REDEVELOPMENT
GRANT AGREEMENT
(MAPEl CORPORATION)
J THIS 2002 NEW JOB OPPORTUNITIES REDEVELOPMENT GRANT
AGREEMENT dated as of December 22002 (the "Grant Agreement") is entered into by and
between the Redevelopment Agency of the City of San Bernardino, a public body corporate and
politic (the "Agency") and MAPEl CORPORATION., an lllinois corporation (the "Grantee").
RECITALS
The Grantee is acquiring that certain real property conimonly known as 5415
Industrial Parkway in the City of San Bernardino, California (the "City")and more specifically
described in Exhibit "A" attached hereto and by this reference incorporated herein (the
"Property"). The Property is subject to that certain Disposition and Development Agreement .
dated November 7, 1996, by and between the Agency and Premis Partners, a California limited
partnership ("Premis Partners"), as amended by Amendment No. 1 on April 6, 1998, by
Amendment No.2 on May 3, 1999, by Amendment No.3 on January 22, 2001 and by
Amendment No.4 on December 2, 2002 (said Disposition and Development Agreement as
amended by Amendment No.1, Amendment No.2, Amendment No.3 and Amendment No.4
being hereinafter referred to as the "DDA"). On February 7, 2002 Premis Partners assigned,
with the consent of the Agency, the DDA to Marvin and Lelia Jabin. On December 2-, 2002,
Marvin and Lelia Jabiil assigned, with the consent of the Agency, the DDA to the Grantee. The
Grantee will construct on the Property, in three phases, approxim~tely 315,000 square feet of
building improvements (the "Facilities") which may, pursuant to the DDA, include warehouse
facilities, manufacturing facilities, production facilities, industrial facilities, distribution
facilities, office facilities, research and development facilities and general commercial and retail
facilities. The Grantee is constructing the Facilities for use in the production and distribution of
grout, mortar, mastic and similar products. The Property is within the State College
Redevelopment Project Area ofthe Agency (the "Project Area").
The DDA provides that the first phase of construction shall be completed no later
than December 31,2003. The Grantee has represented to the Agency that upon completion of
construction of the Facilities, it will commence hiring and retaining persons to fill the new jobs.
or positions that have been created on the Property (the "New Job Opportunities") and that,
within six (6) months of the completion of construction of the Facilities, at least sixty (60) New
Job Opportunities will have been created on the Property (the "Economic Development
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Project''). The Grantee further represents that the New Job Opportunities will continue in
existence on the Property until June 30, 2013.
The Grantee for itself and its successors and assigns, and the Agency for itself
,and its successors and assigns, have entered into this Grant Agreemerit in order to implement
redevelopment of the Property for commercial, industrial and other uses as set forth above, for
the economic revitalization of the area ofthe City in which the Property is located.
NOW THEREFORE IN CONSIDERATION OF THE PREMISES AND THE
MUTUAL COVENANTS OF THE PARTIES SET FORTH HEREIN, THE GRANTEE FOR
ITSELF AND ITS SUCCESSORS AND ASSIGNS, AND THE AGENCY FOR ITSELF AND
ITS SUCCESSORS AND ASSIGNS, AGREE:
Section 1. Defined Terms. The matters set forth in the Recitals of this Grant
Agreement are true and correct and are material elements to' the formation of this Grant
Agreement. In addition to the,definitions of certain terms set forth in the Recitals of this Grant
Agreement other words and phrases represented below are used in this Grant Agreement as
defined terms:
(a) The term "Economic Development Project" as used in this Grant Agreement,
shall mean and refer to the creation and maintenance on the Property of at least
sixty (60) New Job Opportunities.
(b) The term "Agency Grant" shall mean and refer to the New Job Opportunities
creation grant in the amount of Six Hundred Thousand Dollars ($600,000.00)
. which shall be payable from the future Project Generated Tax Increment
Revenues generated by the construction of the Facilities on the Property in the
manner as provided hereinafter and subject to increases in said amount as
provided in Section 4( c) hereof.
(c) The term "New Job Opportunities" shall refer to an aggregate number ofnotless
than sixty (60) new employment positions to be created on the Property upon the
completion of the first phase of construction of the Facilities and thereafter
maintained for a period of time set forth in Section 5 of this Grant Agreement.
(d) The term ''New Employment Position" shall refer to the hourly wage employment
position work description of each of the employees whose work position at the
Property is eligible to be included among the New Job Opportunities for the
purpose of satisfying the New Job Opportunities covenant of the Grantee set forth
. in Section 5 of this Grant Agreement. An employee is eligible to be included as
holding a New Employment Position provided that each of the following
conditions are satisfied:
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(i) the employee is paid an hourly wage of at least Ten Dollars ($1 0.00) pe~
hour;
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(ii) the employee is assigned to work (or is eligible to work) at least One
Thousand Seven Hundred (1,700) hours per year; and
(iii) the employee is based at the Property.
(e) The term "Project Generated Tax Increinent Revenues" shall mean with respect to
those real estate property taxes paid by the Grantee to the County of San
Bernardino (the "County") for each property tax year commencing with the 2003-
04 property tax year through and including the 2012-13 property tax year, an
amount equal to thirty percent (30%) of the property taxes actually paid by the
Grantee on the assessed valuation of the Property after the Agency has subtracted
an annual base assessed value amount equal to $6,200,000 ("Base Valuation");
the property taxes that would have been paid on such Base Valuation shall be
deemed to be in effect for the 2002-03 tax year as the current year assessed
valuation for the Property pursuant to the DDA, and such Base Valuation amount
shall be increased each year by the annual inflationary factor applied by the
County in each tax year, not to exceed two percent (2%) per year or such other
amount as may be as authorized by the State Constitution, commencing as of the
2003-04 tax year.
Section 2. Term of Grant Agreement. This Grant Agreement shan take effect
following its approval by the Agency and execution by the parties and shall continue in effect
through and including September 30,2013.
Section 3. Consistency With The Redevelopment Plan. The Agency fmds
. and determines that both the use of the Facilities intended by the Grantee and the Economic
Development Project, as set forth in this Grant Agreement, are consistent with the
Redevelopment Plan for the Project Area.
Section 4.
Covenant ofthe Agency to Pay the Agency Grant to the Grantee.
(a) So long as the Granteeis not in default under this Grant Agreement, as set forth in
Section 8(a) hereof, the Agency shall remit to the Grantee on or before August 15 of each year
commencing on August 15, 2004, that portion of the Project Generated Tax Increment Revenues
attributable to the real property taxes actually paid by the Grantee for the immediately preceding
tax year to the County as payment of the property taxes assessed by the County on the Property
of the Grantee. The Agency shall have no responsibility for the payment of any amounts
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hereunder for any tax year during which the Grantee has not paid the property taxes to the
County and has not complied with the certification requirements as hereinafter set forth.
(b) On or before July 15 of each year commencing on July 15, 2004, the Grantee
shall submit to the Agency a "Written Request For Payment" together with a "Certification of
Corporate Officer" as to the amount and date of payment of all property taxes as paid by the .
Grantee with respect to the Property for the immediately preceding tax year. The Grantee shall
include as attachments to the Written Request For Payment and Certification of Corporate
Officer copies of the following items: (i) all tax bills received from the County, including
supplemental tax bills, for which payment was made by the Grantee, (ii) cancelled checks of the
Grantee payable to the County showing that payments were made by the Grantee to the County
of the appropriate tax bills, (iii) a statement from a corporate officer of the Grantee adequately
demonstrating compliance with the requirement for the New Employment Position covenant
under this Agreement as applicable for the tax year for which payment of the Project Generated
Tax. Increment Revenues is then being sought. The obligations under item (iii)of the
immediately preceding sentence shall be in addition to the obligations of the Grantee to submit
the Compliance Verification as otherwise required pursuant to this Agreement.
(c) In the event that the full amount of the Agency Grant has been paid to the Grantee
on or prior to August 15,2013, and provided that the Grantee continues to satisfy the covenants
for the creation and maintenance of the New Job Opportunities, the Project Generated Tax
Increment Revenues may continue to be paid to the Grantee in excess of the Agency Grant
amount but for a term not to exceed the property taxes paid by the Grantee through and including
the 2012-13 tax year. Such additional payments to the Grantee shall be in consideration of the
Grantee having produced additional tax increment revenues to the Agency and for the Grantee
having continued to maintain the New Job Opportunities for the benefit of the Agency.
(d) At the time the Agency is scheduled to make the final payment to the Granteeon
. or before August 15,2013 with respect to the property taxes paid by the Grantee for the 2012-13
tax year, the Grantee shall submit a certified statement to the effect that (i) there are no currently
pending assessment appeals on file with the County that would have the effect of reducing the
property taxes as paid by the Grantee for any prior tax year, and (ii) in the event the Grantee
subsequent to August 15, 2013, receives any reduction in property taxes for any property tax
year under this Agreement, the Grantee shall reimburse to the Agency all amounts that are then
calculated to have been an overpayment by the Agency of the Project Generated Tax Increment
Revenues that results from any such subsequently granted assessment appeal.
(e) In the event that the entire amount of the Agency Grant haS not been paid to the
Grantee on or before the termination date of this Agreement as a result of the assessed valuation
of the Property, and the property taxes paid thereon, being insufficient to allow the Agency to
remit the entire principal amount of the Agency Grant during the term of this Agreement, the
Agency shall have no further liability or other financial obligation to remit to the Grantee the .
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shortfall amounts after the termination date of this Agreement. Under such circumstances, the
remaining unpaid portion of the Agency Grant shall be deemed to have been forgiven by the
Grantee for the benefit of the Agency and no further payments shall be remitted by the Agency
pursuant to this Agreement or otherwise.
Section 5. Covenant of the Grantee to Create and Maintain New Job
Opportunities on the Property.
(a) Subject to the terms of this Grant Agreement, the Grantee hereby covenants and
agrees to create and thereafter maintain the New Job Opportunities on the Property as follows:
(i) by June 30, 2004, at least an aggregate of sixty (60) New Employment
Positions shall be created on the Property;
(ii) on each of June 30, 2005, June 30, 2006, June 30, 2007, June 30, 2008,
June 30, 2009, June 30, 2010, June 30,2011, June 30, 2012 and June 30,
2013, there shall be a total of at least sixty (60) New Employment
Positions on the Property.
(b) On June 30, 2004, and thereafter on June 30 of each of the next four following
years, the Grantee shall file a written verification (the "Compliance Verification") with the
Executive Director in which the Grantee reports its compliance with the New Job Opportunities
creation and/or maintenance covenant set forth in Section 5(a). The annual Compliance Report
shall certifY the number of persons in New Job Opportunities and include appropriately detailed
payroll accounting information relating to the total hourly wage compensation amounts paid to
such persons, the total number of hours worked by such persons and the total number of persons
who were recruited, hired or released from employment for a New Employment Position. The
annual Compliance Report need not identifY any employee by name or by specific job
description nor by new hire date, and the payroll accounting information may aggregate the
hours worked and wages paid to all persons claimed by the Grantee to hold New Job
Opportunities on the Property. . .
(c) In the event that on June 30, 2013, the Compliance Verification indicates that.
there have been fewer than sixty (60) New Job Opportunities o~ the Property during the
preceding year, then in such event the Grantee shall reimburse the Agency the following sum:
$10,000.00 for each New Employment Position less than a total of sixty (60) New
Job Opportunities on the Property as of such reporting date.
The Grantee shall reimburse the Agency any such sum as may be payable pursuant to this
Section 5(c) within thirty (30) days of written demand by the Agency.
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(d) The Grantee agrees to allow the Agency or its agents upon prior written notice at
reasonable times to inspect the payroll accounting records on which the Grantee relies for the
verification of the New Job Opportunities provided to the Agency in each annual report. The
Agency shall reimburse the Grantee the reasonable;: hourly cost of making a payroll clerk or
accountant under the direction or control of the Grantee available to assist the Agency in
inspecting such payroll accounting records.
Section 6. Covenant Against Unlawful Discrimination. The terms and
provisions of Health and Safety Code Section 33436 which prohibit various types of unlawful
discrimination are hereby incorporated into this Grant Agreement by this reference.
Section 7. Maintenance of Condition of the Property. Subject to the
satisfaction of the conditions of Section 2, the Grantee for itself, its successors and assigrts
hereby covenants and agrees that:
"(a) The areas of the Property which are subject to public view (including all exlsting
"improvements, paving, walkWays, landscaping, exterior signageand ornamentation) shall be
maintained in good repair and a neat, clean and orderly condition, ordinary wear and tear
excepted. In the event that at any time within ten (10) years following the date of approval of
this Grant Agreement by motion or resolution of the Agency, as applicable, there is" an
occurrence of an adverse condition on any area of the Property which is subject to public view in
contravention of the general maintenance standard described above (a "Maintenance
Deficiency"), then the Agency shall notify the Grantee in writing of the Maintenance Deficiency
and give the Grantee thirty (30) days from receipt of such notice to cure the Maintenance
Deficiency as identified in the notice. In the event the Grantee fails to cure or commence to cure
the Maintenance Deficiency within the time allowed, the Agency may conduct a public hearing
following transmittal of written notice thereof to the Grantee ten (10) days prior to the scheduled
date of such public hearing in order to verify whether a Maintenance Deficiency exists and
whether the Grantee has failed to comply with the provision of this Section 7(a). If upon the
conclusion of a public hearing, the Agency makes a finding that a Maintenance Deficiency exists
and. that there appears to be non-compliance with the general maintenance standard," described
above, thereafter the Agency shall have the right to enter the Property and perform all acts
necessary to Cure the Maintenance Deficiency, or to take other action at law or equity the
Agency may then. have to accomplish the abatement of the Maintenance Deficiency." Any sum
expended by the Agency for the abatement of a Maintenance Deficiency on "the Property
authorized by-this Section 7(a) shall become a lien on the Property. If the amoUnt of the lien is
not paid within thirty (30) days after written demand for payment by the Agency to the Grantee,
the Agency shall have the right to enforce the lien in the manner as provided in Section 7(c).
(b) Graffiti as this term is defined in Government Code Section 38772, which has
been applied to any exterior surface of a structure or improvement on the Property which is
visible from any public right-of-way adjacent or contiguous to the Property, shall be removed by
SB2002:39225.1
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CDC/2002-38
the Grantee by either painting over the evidence of such vandalism with a paint which has been
color-matched to the surface on which the paint is applied, or graffiti may be removed with
solvents, detergents or water as appropriate. In the event that such graffiti may become visible
from an adjacent or contiguous public right-of-way but is not removed within 72 hours following
the time of such application, the Agency shall have the right to enter the Property and remove
. the graffiti without notice to the Grantee. Any sum expended by the Agency for the removal of
such graffiti from the Property authorized by this SeCtion 7(b) in an amount not to exceed
$250.00 per entry by the Agency, shall become a lien on the Property. If the amount of the lien
is not paid within thirty (30) days after written demand for payment by the Agency to the
Grantee, the Agency shall have the right to eriforce its lien in the manner as provided in Section
7(c).
(c) The parties hereto further mutually understand and agree that the rights conferred
upon the Agency under this Section 7 expressly include the power to establish and enforce a lien. .
or other encumbrance against the Property, or any portion thereof, in the manner provided under
Civil Code Sections 2924, 2924b and 2924c in an amount reasonably necessary to restore the
Property to the maintenance standard required under Section 7(a) or Section 7(b), including.
attorneys' fees and costs of the Agency associated with the abatement of the Maintenance
Deficiency or removal of graffiti and the collection of the costs of the Agency in connection with
such action. The provisions of this Section 7, shall be a covenant running with the land for the
term as provided in Section 9 and shall be enforceable by the Agency. Nothing in the foregoing
. provisions of this Section 7 shall be deemed to preclude the Grantee from making any alteration, .
addition, demolition or other change. to any structure or improvement or landscaping on the
Property, provided that such changes comply with applicable zoning and building regulations of
the City. The Notice of Agreement Relating to Real Property shall contain a reference to the
provisions of Section 7 of this Grant Agreement.
Section 8.
Defaults and Breach - General.
(a) Failure or delay by either party to perform any material term or provision ofthis
Grant Agreement shall constitute a default under this Grant Agreement; provided however, that
if the party who is otherwise claimed to be in default by the other party commences to cure,
correct or remedy the alleged default within thirty (30) calendar days after receipt of written .
notice specifying such default and thereafter diligently completes such cure, correction or
remedy, such party shall not be deemed to be in default hereunder.
(b) In the event that a default of either party remains uncured for more thim forty five
(45) calendar days following written notice, as set forth in the next succeeding paragraph, a
breach shall be deemed to have occurred. In the event of a breach, the party who is not in default
shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
SB2002:39225.!
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CDCj2002-38
(c) The party claiming that a default has occurred shall give written notice of default
to the party in default, speCifying the alleged default. Delay in giving such notice shall not
constitute a waiver of any default nor shall it change the time of default; provided, however, the
injured party shall have no right to exercise any remedy for a default hereunder without
delivering the written default notice as specified herein.
(d) Any failure to delay by a party in asserting any of its rights and remedies as to
any default shall not operate as a waiver of any default or of any rights or remedies associated
with a default. Except with respect to rights aud remedies expressly declared to be exclusive in
this Grant Agreement, the rights and remedies of the parties are cumulative and the exercise by
either party of one or more of such rights or remedies shall not preclude the exercise by it, at the
same or different times, of any other rights or remedies for the same default or any other default
by the other party.
Section 9. Covenants Runnirig With the Land. :The provisions of Section 3,
Section 4, Section 5, Section 6 and Section 7 of this Grant Agreement shall be covenants which
run with the land and the Property for throughout the term of this Grant Agreement and shall
bind the. successors and assigns of the Agency and the successors and assigns of the interests of
the Grantee in the Property. This Grant Agreement is expressly declared by the parties to be for
the benefit of the Property and the area ofthe City surrounding the Property.
Section 10. Representations and Warranties of the Grantee. The Grantee.
hereby makes the following representations and warranties to the Agency and the Grantee
acknowledges that the execution of this Grant Agreement by the Agency has been made in
material reliance by the Agency on such representations and warranties:
(a) to the actual and current knowledge of the Grantee, the Grantee is a duly
organized and existing Illinois corporation, The Grantee has the legal right, power and authority
to enter into this Grant Agreement, and the Grantee has taken all requisite action and obtained all
requisite consents in connection with entering into this Grant Agreement;
(b) to the actual current knowledge of the Grantee, neither the execution of this Grant
Agreement nor the consummation of the transactions contemplated hereby shall result in a..
breach of or constitute a default under any other agreement, document, instrument or other
obligation to which the Grantee is a party, or under law, statute, ordinance, rule, governmental
regulation or any writ, injunction, order or decree of any court or governmental body applicable
to the Grantee or to the Property;
(c) to the actual and current knowledge of the Grantee, the Grantee has the funds
available to it, when combined with the Agency Grant, to undertake and complete the Economic
Development Project;
S82oo2:39225.\
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CDC/2002-38
(d) the Grantee shall use commercially good faith efforts to hire residents of the City
for the creation of New Job Opportunities on the Property. Such good faith efforts shall continue
in effect during the term of the New Job Opportunities covenant under Section 5 of this Grant
Agreement. The Grantee shall consult with the Agency from time~to-time upon the reasonable
request of the Agency to formulate a reasonably acceptable program for implementing the
forgoing representation of the Grantee to use commercially good faith efforts to hire residents of
the City; provided however, that nothing in this Grant Agreement is intended to require the
Grantee to implement any New Employment Position recruitment program or engage in any
pattern or practice of New Employment Position recruitment or hiring which would violate
. applicable law;
( e) the Grantee shall at its own expense secure or shall cause to be secured, any and
all permits that may be required by the City or any other governmental entity having jurisdiction
over the operation in the Facilities of the business ofthe Grantee.
Section 11. Grantee Indemnity~ The Grantee agrees to indemnifY and holdthe
Agency, the City and the officials, officers, attorneys, employees and agents of each of them,
harmless from and against all damages, judgments, costs, expenses and attorney's fees arising
from or related to any act or omission of the Grantee in performing its obligations hereunder.
. The Agency shall give the Grantee written notice of the occurrence of a claim, litigation or other
matters for which the Agency or the City may seek indemnity Under this Section as promptly as
practicable following the Agency's knowledge of the occurrence of such matter, and the City
and the Agency shall reasonably cooperate with the Grantee in the defense of any such claim or
matter and shall not take any action that would adversely affect the Grantee's defense of such .
matter.
Section 12. Grantee Insurance. The Grantee shall furnish, or shall cause to be
furnished, to the Agency duplicate originals or appropriate certificates of comprehensive general
liability insurance in the amount of One Million Dollars ($1,000,000.00) combined single limit,
naming the Agency and the City of San Bernardino as an additional insured. Such insurance
shall cover comprehensive general liability including, but not limited to, contractual liability;
acts of subcontractors; premises-operations; explosion, collapse and underground hazards, if
applicable; broad form property damage, and personal injury. including libel, slander and false.
arrest. In addition, the Grantee shall provide to the Agency adequate proof of worker's
compensation insurance coverage for its employees. Any and' all insurance policies required
hereunder shall be obtained from insurance companies admitted in the State of California and
. rated at least B+: (viii) in Best's Insurance Guide, current edition. All such insurance policies
shall provide that they may not be canceled unless the Agency receives written notice of
cancellation at least thirty (30) calendar days prior to the effective date of cancellation. Any and
all insurance obtained by the Grantee hereunder shall be primary to any and all insurance which
the Agency may otherwise carry, including self insurance, which for all purposes of this Grant
Agreement shall be separate and apart from the requirements of this Grant Agreement. Any and
S82oo2:39225.1
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CDC/2002-38
all insurance required hereunder shall be maintained and kept in force throughout the term of this Grant
Agreement.
Section 13. Notice of Agreement Relating to Real Property. The parties hereby
agree and declare that the successors and assigns of each shall be bound by the terms of this Grant
Agreement. The parties shall execute and the Agency shall cause to be recorded a Notice of Agreement
Relating to Real Property substantially in the form as attached hereto as Exhibit "C" and incorporated
herein by this reference.
Section 14. Attornevs' Fees. If either party hereto files any action or brings any
action or proceeding against the other arising out of this Grant Agreement, then the prevailing party as
determined by a court of competent jurisdiction (the "Court") shall be entitled to recover as an element
of its costs of suit and not as damages, its reasonable attorneys' fees as fixed by the Court in such action
or proceeding or in a separate action or proceeding brought to recover such attorney's fees. As used
herein, the words "attorneys' fees" in the case of the Agency, means and includes the salary and/or
hourly rates, fees, costs and expenses, allocated on an hourly basis, of the attorneys employed by the
Office of City Attorney of the City of San Bernardino in connection with any matter arising under this
Grant Agreement.
Section 15. Legal Actions.
(a) In addition to any other rights or remedies, either party may institute legal action
to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other
remedy consistent with the purposes of this Agreement. Such legal actions must be instituted in the
Superior Court of the County of San Bernardino, State of California, in any other appropriate court in
that County, or in the Federal District Court in the Central District of California.
(b) The laws of the State of California shall govern the interpretation and
enforcement of this Agreement.
(c) In the event that any legal action is commenced by the Grantee against the
Agency, service of process on the Agency shall be made by personal service upon the Executive
Director or Chairman of the Agency, or in such other manner as may be provided by law.
Section 16. Headings and Attachments. The headings of each section of this Grant
Agreement are provided for purposes of reference and convenience only and do not have any meaning
which is independent of the text of the section of the Agreement to which they may generally
correspond. The following list of attached documents are part of this Grant Agreement.
Exhibit "A" - Legal Description of the Property
Exhibit "B" - Notice of Agreement Relating to Real Property
10
CDC/2002-38
THIS 2002 PROPERTY OWNER NEW JOB OPPORTUNITIES
REDEVELOPMENT GRANT AGREEMENT is dated as of December ~ 2002, and this Grant
Agreement shall have no force nor effect unless it has been approved by the governing body of
the Agency and fully executed by the parties. This Grant Agreement may be executed in
counterparts on behalf of the parties by their authorized offices whose signatures appear below.
GRANTEE
Date: .
AGENCY
Date: I / :> () /P ;;
/ I
By:
Approved As To Form
By:
I'
882002:39225.\
'11
CDC/2002-38
EXIllBIT "A"
Legal Description of the Property
'.
SB2002:392.25.!
12
CDC/2002-38
('~
PAACJ::t. A:
TW\.'l' POR'l!ION OF )3LOCKS 45 AtqP 46, AN)) THAT IThlNOMBEREP WT .AOJOpiJI!fG BWCK 4.6 ON ~
WES'1' OJ/' 'l'1iB l4ANDS OF IRVIblG'l'O!f LAND AND WATER COf"Il?MIY, AS PER PlJ1.T RECORDj;jD I~ BOOK lc,
lU3CORDS 0);' SURVEY, fAGS 32, RaCORlJS OF SlUP COUNTl'i IN BOOK :3 OP MAf"S. P1t.G~ 9, RaCORDS
OF SAJ:P CCJllN'n; J\ND SEC'l:':j:ONp 3.2 .AND 13, 'l'OWNl'lHIP 1 !l'OR1'H. RANGE 5 ~ST, ~ BEml'AROIblO
BASS ~ MaR;J:Dl:AA i SBCTrON 18, TOWNSHrp 1 NORTH, RAbTGE 4WBS'f, SAN BB~!NO BASa .AND
MBR.:rDI~, ACCORD;rN'G rro ~ ~TENS:r:OllT OF 'l'JtB r,IW;;S. OF 'I'RE OPPICIM oowRNMEblT SURVEY
~NDY;;P nrro 'l!HE MUSCUl'P\Bg RJ\NCHO, AI.L IN 'l'HB CITt OF S~ BlilR!l'AftOPl'O COUN'fY OF SJ\N
13BRW\RDnTO, STA'+'E OP CALIFORblIA, LUNG SotlTllWES'l'IffiLY OF' rmg SOOTHWES'l!ERIl'l Il+NE Of' THAT
CERTAIbl l'AAClSLOF r.AND, AS CONVEYED TO TIm STATE OF CALIE'ORNIA BY PEEP RECORlJEp OCTOBER
25~ 1955, IN BOOK 37'12, PAGR 93, OFPICIAr! RECORDS, AS INS'l'JUlMENT NO. 55, ASPARCE;L "BP;
100) NOR'l'aERLY, NORTHEASTBRLY AND EASTERLY OF 'rHA'l' CERTAIN l'ARCBL OF r.AND, AS CONVEUD
To ~ SAlIT BERW\RDlNO COtlN'l'Y FX.OQD CONTROIl DIS'l'RIC'I' BY Dj;jED RECORDHD JULy 27, 1948, !N
BOOK 2268, PAGE 146, OFJ?IClAL rmCORDS; AND NOR'l'HBRLY ~ NOR'l'HWBSTBRLY OF ~T CBRTAIN
PAACBI. OF LAND, .AS CON\'2YED TO SAID SAN BERNARD:r:NO COtmT'l ~D CONTROL DISTR.!C'l' BY
DEED RHCORDED JULY 27, 194~, nf. BOOK 2268, PAGE 142, OFFICIAL RECORDS.
TOGFlTHBR WITH THOSE POR'l'IcmS OE' OREGOr; AvENUE, l?INJ!: A~, 1?INIil AVRNOI3 >>lP ~GE
AVENUE .AOJOI1!:U:NG PORTIO~S Ol? TIm PROl'~RTr m;:REIN DEpCRIElEO, 'J'HAT WERS VACATED 1Il\fD
~ED 13Y RESOLQ'l1+0~ OF THE BOARD or SUPEfl.V!pORS OF TltE COONTY OF SM BElUIl'AADINO,
PA'l'BD NAY 27, 1929, ON J;'ILE. I!l' THE SAN B~ARDI~O cotThlT'i ROW DEl'AA'lMa!l'T WHlCH WOULD
J'ASS BY OPERATION OF I,AW WITH THE LEGA1.CONVEYANCE OP SAID PROPBR'ry.
EXCSP'l'lNG TiffiREFROM ALto THAT pORTION THEREOF SHOW!l' AS f:lARCELS 1, 2, 3 ~ 4, 1\S PER
J?LA'l' A'r'l'Aca:aD 'l'O CaR'l'IlilCA'l'& OP CCNPLJ:ANCE FOR LOT LINE ADJUSTMaNT NO. 9~-06, RECORDED
PBOEMBEiR. H, +994, AS lliaTRt1M]3N'r NO. 94-493165, OFFICIAl. RECORDS; REFERENCE BEING MAllE
IfERl'l;m FOR 'mE CQMPLB'1'B PESCRIPTION AS DESCRIBED rN SAW DOCUMENT.
PhRCEL' 131
PAROIiL 1, M> rE:R PLAT ATTACHBD TO CERTIWlCA'l'B OF COMI:'LIJ\NC'E FOR LOT LI!l'E 1WJUSTMEN'l' NO ~
94-06, RECORDED D~CEMBER 14, 199~, AS INSTRUMENT NO. 94-493165; OFFICrAL RECORDS, BEI!l'G
FURTHER DESCRIBED ~HEREIN AS FOLLOWSl -
A ~ORTIOllT OF SgCT~ON12, TOWNSHIP 1 NORTH, RANGE 5 waST, SANBBRNARD!NO BAS~ AND
~R:m:tANi MlD. s&cnON 7, 'l'OWNSHIP 1NORTH, RANGE 4 waS'l:', SAN BJ::RNARPINO MS~ AND
MERIDIAN, ,/UJlt IN THE CITY OF SAN B~RN.ARDINO, COUNTY OF S}\N BER>>ARDINO, STATB Oli'
cm.IPORNIA, ACCOROIl'l'G TO THE Ob'FICIAL GOVERNMENT PMT THBREOF BE:rNG DEseRIBl'lP AS
POL:r..oWSl
BEGINNI!l'G A~ TaB I>>TERSECTION OF ~ SO~awESTERLYL~~E OF T~T ~RT~N p~cY;;lt OF LAND
AS CONVEYED TO 'mE S'l!ATE Oli CALTFomtIA BY DEEP RI'lCOROEO IlIT BOOl< 3772, PAQ}l 93, O!i'FICU4J
RECORDS (INTERSTATE: 215), AND THE NORrnp;:~y LINE OF '.!'HA'J." p,ARCE;r.. OF LAND COrNEYEp TO 'l'ffE .
SAN BERNARPINO COUNTY FLOOD CONTROL DISTRIC'I' BY PI3ED R.EOORDBD J:N BOOK 2268,. .PAGE 142,
OPFICIAL RECORDS (OEVIL CREE}C Cl{1l.)'iNE!.) i
THElITCI3 lITORTH 35" 03' 36" WEST, 882.407 FE:E'f Al:.!ONG SAID SO~STERL'l Ll~ OF INTERSTATE
215 TO A POIt'l'J.' T~GENT TO A CURVE COlITCAVE TO THE WEST, RAVING A MOroS OF 5909.00 FEaT,
TllROOGH A Cg~'J'RAL ANGLE OJ;' 01" 15' 41", AN lIRC DISTAACE OF 129.30 FE'I3T TO 'l'lm TRug
POINT OF BEGI~ING FOR THIS DESCRIPTION;
RFlf'lSTPO ~/12/BIli>t<
CDC/2002-38
EscrmvNo: 22049229 ~ Jl:41.
Loanl'{o:
TImNCa 1i'~ SAIP TlUm POINT OF aEGINNING ALOlIIG A CURVE OON'CAVj3 TO TllEl ~ST, HAVING A
RADIUS aIi' 5909.00 FEET, 'I'$OUGH A C~ WG;1:.E OF 12" 54' 33n, oM' ARC PlSTAN'Cl'< O.li'
13~1.35 9BBr, MORE OR ~BSS, TO'~ INTERSECTION OF SAID SO~STBRLY LIllIE OF
IN'l'ERS'l'A':l'S 215 MIl THE CENTBR LINE OF PINE AVENUE (VAC.M~BD);
l..
THBNOB MONG SAXP CRNTER ~nffl SOUl'F! 27" 50' WEST, 369.87 FEBT, MORE OR LESS, TOAPOINl'
~ 'l'Wl EASTEllLY LmE OF TAAT PARCEL OF LAND CONVElYED TO THE SAfI' BBRNAAOrNO COONTY PLOOD
COtl'l'ROL D:J:STRICT BY DEED ~CORDED m BOOK n68,' PAGE 146, OPPICIM RECOMS (CMffiE
CANY~ PLOOP- CONTROl! CHANNEL);
THENCB ALO~ SAID EASTERI.Y LmB, SOtJ'I'H J2" 20' 25n BAST, 389.61 PEET, NORE OR LESS, 'l'O
. A.POlNT TANGBN'l'TO A CURVE CONCAVE TO THE WEST, HAVING A RJl.p;J:tJS Oli' 2065.00 FEET,
~ A C~ ANGLE OF 210 30' 33", AN ARC DISTAlIICS'OF 770.67 FEBT; .
THSNOI':ALONG A ClJRV'E CONCAVE TO THS SOU'IH, HAVING A R..l\Dms OF 640.00 FJ;:ET, 'P!RoUGl:l: A
OEN'tRAL ANGLE OF 150 41' 17ft, AlII ARC DISTANCE OF 175.24 FEBT;
THBNO~ NORTH 23" 22' 55u 13AS'l', 240.00 PEET;
THENCE NORTH 54" 56' 24n EAST, 390.11 Ff:ET TO CLOSE ON TIm '$UB; POIWI' OF BlliGINN!NG.
AFlN~ ..{IIl/'2/Q~K '
CDC/2002-38
EXHIBIT "B"
Notice of Agreement Relating to Real Property
I.
882002:39225.1
13
CDC/2002-38
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
Redevelopment Agency ofthe
City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, California 92401
(SPACE ABOVE LINE FOR USE BY RECORDER)
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO
NOTICE OF AGREEMENT RELATING TO REAL PROPERTY
TO ALL INTERESTED PERSONS:
PLEASE TAKE NOTICE that as of the date of recordation of this Notice of Agreement
Relating to Real Property, MAPEl CORPORATION, an Illinois corporation (the "Owner") and the
Redevelopment Agency ofthe City of San Bernardino, a body corporate and politic (the "Agency")
have entered into an agreement entitled:
"2002 New Job Opportunities Redevelopment Grant Agreement".
. This Notice of Agreement Relating to Real Property affects the property commonly known
as 5415 Industrial Parkway in the City of San Bernardino, California, and more specifically
described in the legal description attached hereto as Exhibit "A". The 2002 New Job Opportunities
Redevelopment Grant Agreement contains provisions relating to maintenance of the propeI1y, the
right ofthe Agencyiocorrect maintenance deficiencies uponthe failure of Owner to comply with
its maintenance obligations under the 2002 New Job Opportunities Redevelopment Grant Agreement
andthe right ofthe Agency to establish and enforce a lien or other encumbrance against the Property,
. or any portion thereof, in the manner provided under California Civil Code Sections 2924, 2924b
and 2924c in an amount reasonably necessary to restore the Property to the maintenance standards
required.
Interested persons may contact the Agency (Attention Executive Director) by telephone at
(909) 663-1044, during regular business hours for additional information relating to the 2002 New
Job Opportunities Redevelopment Grant Agreement.
SB2oo2:38\57.\
I
CDC/2002-38
,
This Notice of Agreeinent Relating to Real Property has been executed by the parties as set
forth below.
OWNER
. - . /.~--\
Olrrporation.
: /
/
By:
By:
AGENCY
Date:
//11//}
/ /
Redevelopment Agency of the
City of San Bernardino
? .
By: t;
EXie Director
APPROVED AS TO FORM:
,,~!~
Agency Speci - unsel
[NOTARY JURATS ATTACHED]
/R4 ttl1U- 0~
.-
SANDRA ARSESFELD-PEREZ ,
MY COMMISSION #CC 915520 I:~.'
EXPIRES: March 5, 2004 - t
Bonded Thru Notary Public Underwriters fl.
:;.l.ttA-_
882002:38157.1
2
CDC/2002-38
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO)
On January 30, 2003 before me, Wasana Chantha, Notary Public,
personally appeared Gary Van Osdel , personally known to me (or proved to me on
tHe b:Jsis of s:Jtisf:Jctory evidence) to be the personfsj whose namefsj iSfafe subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacitytfesj, and that by his/her/their signaturefsj on the
instrument the personfsj, or the entity upon behalf of which the personfsj acted,
executed the instrument.
WITNESS my hand and official seal.
Signature
WASANA CHANTHA
Commission # 1380487
Notary PUblic - California ~
San Bernardino C ~
M C ounty
y omm. Expires Oct 1 8.2006
(Seal)
CDC/2002-38
r _.
t. .
('
. p,lt.RC]I:~ A;
. ,
'l'm\.T pOR'l'IO~ OF aLOCKS 4.5 >>TO 46, AND THAT uNNoMBEREP W'l' AOJO~I~G BWCIC ~6 ON '!'HE
,WES'!'. OF '1'flB ~S OF IRVI~GT~ LAND AND WATER CC>>Il?ANY, AS PER P~T RECORDE;D I~ aOOK1,
1U3COlWS OJ;' SURVEY, PAGE 32, MeoRDS 01" SJU:P eoDNTl';IN BOOK 3 OP MArS,PAGJ;: 9, R2CORDS
OF SAIO COUNTY; 1\ND aBC'l.'+ON~ '],2 AND 13, TOWN:;lHIP 1 ~OR'fH. ~GE 5 'lmST, SAN BE1Uil'AROIl~O
SASS ~ MaRIDlm; SflCTtON 1.8, TOWNSHIP 3. NORTH, lU\NGE 4 WEST, SAN Bl3~~nrO BAS2 AND
MBR;CDI~, ACCORDJKG 'l'O ~ j':XTE~S:m~ OF 'mE r..D1EiS, OF 'I'flE OFFICIAIl oovaRiNMEtftl SlJRVBY
~NDEP INTO THE MOSCUPP\BS 1U\NCHO, ~ IN THE CITY 01'1' SAN aAAN1\fU)mO cQtlm"i 0'1;' SJ\N
13ERm\RD;I:NO, STA~ OF CALIFORNIA, LUNG SO~RLY OF THB SOOTHWESTElUlY Ilnffl Oli' TaAT
CERTAIN PAA~L OF LAm), AS CONVEYED TO '1'lm STATE OF CALlB'QRNl;A BY pEED RECORDEP OCTOBER
25, 1955, IN BOOK 37'72, J?AGE 93, OIi'FICIM RECORDS, AS INS't'RUMEN'l' NO. 55, AS ,PARCE:L "BP;
J\ND NORTJlERLY, NORTHEASTBlU.Y AND EASTERLY OF THA'l' CERTAIN PARCEL OF LAND, AS CQNVEYBD
TO ~ SAN BERN,ARDJ:NO COtJN'l'Y J'l'U)QD CONTROL DIS'l,'RIC'I'BYDJ;;BD RECORDBD ilULY 27 r 1948, :rN
BOOK 2268,' PAGE 1~6, OFFIClAL RECORDS; AND NOR'l'aBRLY ~ NORTHWBSTBRLY OF 'l'HltT CBRTAIN
PARCBIt OP LAND, .AS COW/SYED TO SAID SAN BERNARDXNO CQt]JfrY P~OD CONTROL DIS'l'R.IC'r BY
DBRO RECORDBD JULY 27, 1948, I~ BOOK 2268, PAGE 1.42. OFFICIAL RECORDS.
. ,
'I'OGBTlillR WITH THOSE POR'l'I~S Oli' OREGOl{ AvENPE, nml A~, t:'INI1l AWNtJ113 1lNP ORAlfGE
Avp:NOa wJOnU:NG PORTI~S Ot? 'J'fIB PROP~R'l'Y" HEREIN DE~CRrnED, 'mAT WBRS VACATED ~
~ED 131' RESOLt1TXO~ OF THE BOARD OJ? SUPERV!pORS OF THE COONTV OF SAN BE~ARDINO,
PA~D MAY 27, 1929, ON ~ILE IN THE SAN BJffi1llllRDINO COCNTY ROAD DEl'AR'lMBNT Wli:(CH WOULD
PASS BY OPJj;RATIOli{ OF I.AW WITtt THE LEGAL CONVEYANCE OF SAID PROPER'rY.
EXCBPTING ~REFROM ALl. THAT FORTION ~REOF SHOtom AS PARCELS 1 ( 2, 3 JUifD -l, AS PER
PLA'l' AT'I'ACNBl1 TO CBRTIH:j:CAT& OP COMPLJ:..l\NCE FOR WT LINE APJUS'rMEN'l' l{O. 94-06, RECORDSO
DBCEMB~~ 14, ~994, AS Il{:;lTRUMEN'l' NO. 94-493165, OFFIC~ R~CORDSi REFERENCE B8INGMADB
,~ERE~ FOR ~E CQMPLRTE DESCRIPTION AS DESCRIBED IN SAIn DOCUMgNT.
PARCIllL 131
PARORL 1, J\$ rER PLAT ATTACHED TO CBRTlli'ICATE OF COMPLIANCJ;; FOR LOT LrNE 1WJOSTMBm' NO.
94-06, RECORDED D~CEMBER 14, 1994, AS INSTRUMENT NO. 94-493165; OFFICrAL RECQRDS, BEING
FURTHER DESCRIBED THEltEIN AS B'OLLOWS:
A PORTIOl{ OF SECTtON 1.2, TOWNSHIP 1 NORTH, RANGE 5 waST, SAN BERNARDINO J3ll.SEJ AND
~RIO:tAN; MD S&C'J'!ON 7, 'l.'OWNSHIP lNOR'l'H( RANGE 4 ~ST, $AN BE:llNAroJINO BM!!: AND
MBRIl1IAbl', Mr.. Il{ THE CITY OF SAN BERNARDINO, COUNTY OF SAN B~RNlIRDINOr STATE! OF
C,M.IFOfiNIA, J\.CCORDING TO T}{E O~FICIAL GOvERNMENT PlAT THEREOF BEHlG DESCRIBED AS
OOl.r.OWS:
"BEGINNING A~ THE INTERSECTION OF THE SO~~ESTERr..Y LINE OF ~T~RTAIN PAROE~"OF ~
AS CONVEYED TO ~E STATE OU CALIFORNIA BY bEED RECORDED I~ BOO~ 3772, PAQE 93, O~FIC~
lU3CORDS (IN'l'J::RSTAT/i: 21.5), AND THE NORTHIi:RLY L):NE OF 'l'HA'l' PARCEI> OF LAND CONVEYEp TO TaE
SAN BERNARDINO COON'I'Y FLOOD CONTROL DISTRIOI' BY D13ED RECORDED rN BOOK 2268, I?ME 142,
OFPICIAL RECORDS (DEVIX, CREEJC CHANNE:f.,) ;
THE~C~ ~ORTH 35~ 03' 36'1 WEST, 882.47 F~Er ALONG SAID SOOT~STBRLY LI~E OF INTERSTATE
215 TO A POlm:' ,!,~GENT TO A CURVE COli{CAVE TO THE WEST, HAVING A RWIUS OF 5909 .00 PE~',I.',
THROUGIi A CEl'I1RA!J .ANGLE OF ell Q 15' 41", AN ARC DISTAACB OF 129.30 FE'6T TO '+'HEi TRUg
POINT OF BEGINNING FOR ~HIS DESCRIPTION;
RFII'lSTPO ~/12/90l>~
CDC/2002-38
B~crowNo: 22048229 ~ K41
Loan No:
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THJlNCB FRQof SAIP. TRW POINT OF BEGINNING I\LOWG A ctJRW OON'CAVl3 TO THE WEIST, HAVING A
RADIOS OF 5909.00 FEET, THROUGH A CE~ ANG~E OF 120 54' 33", ~ ARC PISTANCE OP
1331.35 l1'BB"I', MORR Oll ~13SS, TO. TID; IN'l'ERSBCTI~ 01" SAID SOtJ'l'HWESTEllLY LINE OF
:tNTERSTAT~ 215 AND THE CBll1'l'BR LlNE OP I'INB AVENUE (VAC,1l.TBD); .
THENCE ,ALONG SA;rp CJmTER LINE SOO'l'H 27tl 50' WBST, 3G~.e7 FEET, MORE OR LESS, TO APOIN'I'
~ ~ EASTE~Y L.INE: OP THAT PARCEL OF LAND CO~YED TO THR SAN BBRNJ\RI)INO COQN'J:'Y PLOOD
CONTROL DISrm1C'1' BY OEj;lDRj1:CORDED ni BOOK 2268, . PJ\GB 146, OPPICIM RECOROS (CAlllaB
CANYON FLOOP CONTROIl CHANNEL);
,
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.,
THENCE ~G SAIn EASTERLY LniB, SOOTH 320 20'. 25ft EAST, 389.61 PBElT, NORE OR LESS, 'l'O
A POINT TANG13m' TO A CUllVB CONCAVE TO THE WEST, HAVING A RAP;I:US Oli' 2065.00 FEST,
THROOGH A C~ ANGLE'OF 210 30' 33-, AN ARC DIS~CB'O~ 770.61 FEET; .
TImNOE ALONG ,. CURVE CONCAVE TO THB SOOTH, HAVING A RADIUS Oli' 640.00 Fj;:ET, 'fHROUGli A
OEN'l'RAL ANGLE OF 150 41' 17", AN ARC DISTANCE OF 175.24 FEET;
THENoe NORTH 230 22' 55" EAST, 240.00 PEET;
~CE NO({,TH 540 56" 24" EAST,3~0.1l Ff:ET TO CLOSE ON Tl-IB TRmt POI!iT OF BliiGINNtNG.
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