HomeMy WebLinkAboutCDC/2004-34
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RESOLUTION NO. CDC/2004-34
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE
DIRECTOR OR ITS DESIGNEE TO EXECUTE THE CERTIFICATE OF
COMPLETION TO THE 2000 DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND HI-WAY AUTO
RECYCLERS, LLC
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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
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pursuant to the Community Redevelopment Law (California Health and Safety Code Section
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33000, et seq.); and
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WHEREAS, the Agency and Hi-Way Auto Recyclers, LLC, a California limited
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liability company (the "Developer") entered into that certain 2000 Disposition and
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Development Agreement dated as of August 14, 2000 (the "2000 Disposition and
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Development Agreement") for the purpose of implementing the Redevelopment Plan for the
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Northwest Redevelopment Project by providing for the purchase and redevelopment of
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certain unimproved lands by the Developer (the "Property"); and
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WHEREAS, the Developer encountered unexpected delays m completing its due
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diligence investigation regarding the Property and requested that certain provisions of the
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2000 Disposition and Development Agreement be amended to extend the period of time in
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which the Developer's due diligence investigation of the Property was to be completed; and
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CDC/2004-34
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WHEREAS, the Agency approved an amendment ("Amendment No.1") to the 2000
Disposition and Development Agreement, extending the period of time in which the
Developer's due diligence investigation of the Property was to be completed; and
WHEREAS, on July 26, 2001, the Developer delivered to the Agency its Due Diligence
Certificate (as that term is defined in the DDA) with respect to the Property; and
WHEREAS, the Developer requested an extension of the period of time between
delivery of the Due Diligence Certificate and the Closing Date so that it can meet its
obligation to deliver evidence of construction financing already funded for the Project; and;
WHEREAS, the Agency approved an amendment ("Amendment No.2") to the 2000
Disposition and Development Agreement (the 2000 Disposition and Development
Agreement as amended by Amendment No.2 being hereinafter referred to as the DDA"),
extending the period of time in which the Developer has to close escrow in order to deliver
evidence of construction financing; and
WHEREAS, the Developer closed escrow for the purchase of the Property from the
Agency in March 2003; and
WHEREAS, the Developer faithfully prosecuted construction of Project, completing all
construction activities in November 2003; and
WHEREAS, upon completion of the Project, the Developer is to request a Certificate of
Completion identified as Exhibit "E" of the DDA; and
WHEREAS, the Developer has made a written request, included with this resolution as
Exhibit "A", for the Certificate of Completion.
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CDC/2004-34
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, FIND AND
DETERMINE AS FOLLOWS:
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Section 1.
Section 2.
The facts set forth in the Recitals of this Resolution are true and correct.
The Executive Director or his designee is hereby authorized to execute
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the Certificate of Completion, included with this resolution as Exhibit "B", for the 2000
Disposition and Development Agreement by and between the Redevelopment Agency of the
City of San Bernardino and Hi-Way Auto Recyclers, LLC.
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CDC/2004-34
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE
DIRECTOR OR ITS DESIGNEE TO EXECUTE THE CERTIFICATE OF
COMPLETION TO THE 2000 DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND HI-WAY AUTO
RECYCLERS, LLC
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit
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Development Commission of the City of San Bernardino at a j t. regular
thereof, held on
20th
, 2004 by the following vote, to wit:
day of September
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COMMISSION MEMBERS: AYES
NAYS
ABSTAIN
ABSENT
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21 The foregoing Resolution is hereby approved this'2?r<l day of September
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,2004,
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J Cli Valles, Chairperson
o munity Development Commission
of e City of San Bernardino
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Approved s 0 form and Legal Content:
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By:
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CDC/2004-34
Exhibit "A"
Letter from Hi-Way Auto Recyclers, LLC
~ CDC/2004-34
, n" -> L!.!\
'Hr:.WifY AUTO RECYCLERS, LLC
5401 Industrial Parkway
.,' San Bernardino, CA 92407
909-887-9332
August 20,2004
Economic Development Agency
City of San Bernardino
201 North E Street, SUite 301
San Bernardino, CA 92401
ATTN: Mike Trout
Dear Sir:
This letter is to request our Certificate of Completion as defined in the Disposition
and Development Agreement of August 14,2000 for 5401 Industrial Parkway in
the City of San Bernardino.
If you have any questions, please call at 909-887-9332
Thank you for your prompt response to this request.
Res
obert Davidyan
Hi-Way Auto Recyclers, LLC
CDC/2004-34
Exhibit "B"
Certificate of Completion
2000 Disposition and Development Agreement
Hi-Way Auto Recyclers, LLC
CDC/2004-34
Recording Requested By
And When Recorded Mail To:
Redevelopment Agency of the
City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Attn: Executive Director
CERTIFICATE OF COMPLETION
We, Judith Valles, Chairperson and Gary Van Osde1, Secretary of the Redevelopment Agency
of the City of San Bernardino (the "Agency") hereby certify as follows:
By its Resolution NO.(!Jx::/zc<.+3<t, adopted and approved St:\fr~rne("J'- 20, 2004 the Agency
has resolved as follows:
Section 1. The improvements required to be constructed in accordance with that certain
Disposition and Development Agreement (the "Agreement") dated August 14,2000, by and between
the Agency and the Hi-Way Auto Recyclers, LLC, a California limited liability company, (the
"Developer") on certain real property, as more specifically described in the legal description attached
hereto as Exhibit "A" and incorporated herein by this reference (the "Property"), have been
completed in accordance with the provisions of said Agreement.
Section 2. This Certificate of Completion shall constitute a conclusive determination of
satisfaction of the agreements and covenants contained in the Agreement with respect to the
obligations of the Developer, and its successors and assigns, to construct and develop the
improvements on the Property, excluding any normal and customary tenant improvements and minor
building "punch-list" items, and including any and all buildings and any and all parking, landscaping
and related improvements necessary to support or which meet the requirements applicable to the
building and its use and occupancy on the Property, whether or not said improvements are on the
Property or on other property subject to the Agreement, all as described in the Agreement, and to
otherwise comply with the Developer's obligations under the Agreement with respect to the Property
and the dates for the beginning and completion of construction of improvements thereon under the
Agreement; provided, however, that the Agency may enforce any covenant surviving this Certificate
of Completion in accordance with the terms and conditions of the Agreement and the grant deed
pursuant to which the property containing the Property was conveyed under the Agreement.
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CDC/2004-34
Said Agreement is a n official record of the Agency and a copy of said Agreement my be inspected in
the office of the Secretary ofthe Redevelopment Agency of the City of San Bernardino located at 201
North "E" Street, Suite 301, San Bernardino, California, during regular business hours.
Section 3. The property to which this Certificate of Completion pertains is more fully
described in Exhibit "A" attached hereto.
Date and Issued this
hn.
day of StPr2rJeril
2004.
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CDCj2004-34
EXHIBIT "A"
Legal Description of Property
PARCEL NO. I:
BEING A PORTION OF SECTION 18, TOWNSHIP I NORTH, RANGE 4 WEST, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND AS
CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 3772, PAGE 93, OFFICIAL RECORDS
(INTERSTATE 215) AND THE NORTHERLY LINE OF THAT PARCEL OF LAND CONVEYED TO THE SAN
BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED IN BOOK 2268, PAGE 142, OFFICIAL
RECORDS (DEVIL CREEK CHANNEL), SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING
FOR THIS DESCRIPTION; THENCE FROM SAID POINT NORTH 35 DEG. 03' 36" WEST, 368.13 FEET ALONG SAID
SOUTHWESTERLY LINE OF INTERSTATE 215; THENCE SOUTH 54 DEG. 56' 24" WEST 493.49 FEET; THENCE
SOUTH 37 DEG. 21' 55" EAST, 333.18 FEET TO A POINT IN THE NORTHERLY LINE OF SAID DEVIL CREEK
CHANNEL; THENCE ALONG SAID NORTHERLY LINE NORTH 59 DEG. 08' 09" EAST, 481.38 FEET TO CLOSE ON
THE TRUE POINT OF BEGINNING.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE, CERTIFICATE NO. 9A-06,
RECORDED DECEMBER 14, 1994, INSTRUMENT NO. 94-493165, OFFICIAL RECORDS.
PARCEL NO.2
AN EASEMENT, 80 FEET WIDE, FOR ROAD PURPOSES OVER A PORTION OF SECTIONS 12 AND 13, TOWNSHIP 1
NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, ACCORDING TO THE EXTENSION OF THE LINES OF THE OFFICIAL GOVERNMENT
SURVEY EXTENDED INTO RANCHO MUSCUPIABE, DESCRIBED AS FOLLOWS:
BEING 40 FEET ON EITHER SIDE OF THE CENTER LINE WHICH IS DESCRIBED AS FOLLOWS:
(THE 40 FEET LINES BEING LENGTHENED OR SHORTENED TO INTERSECT THE SOUTHEASTERLY LINE OF
PALM AVENUE AND THE WESTERLY LINES OF THE PROPERTY CONVEYED TO SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT BY DEED RECORDED JULY 27, 1948, IN BOOK 2268, PAGE 146, OFFICIAL RECORDS,
AS DOCUMENT NO. 13I.)
BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND, AS CONVEYED TO THE
STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 25,1955, IN BOOK 3772, PAGE 93, OFFICIAL RECORDS,
AND DESCRIBED AS PARCEL "c" IN THE ABOVE MENTIONED DEED, SAID SOUTHWEST CORNER BEING ON
THE EASTERLY LINE OF PALM AVENUE, 40 FEET WIDE, AS IT NOW EXISTS; THENCE SOUTH 27 DEG. 15' 41"
WEST, 642.71 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTER LINE; THENCE SOUTH 38 DEG. 55' 29"
EAST, 1,285.30 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 600.00 FEET
AND A CENTRAL ANGLE OF 61 DEG. 22' 04"; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE CENTER
LINE OF SAID CURVE, A DISTANCE OF 642.64 FEET TO A TANGENT LINE; THENCE NORTH 79 DEG. 42' 27" EAST,
273.56 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 286.00 FEET AND A
CENTRAL ANGLE OF 61 DEG. 34'; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE CENTER LINE OF
SAID CURVE, A DISTANCE OF 307.32 FEET TO A TANGENT LINE; THENCE SOUTH 38 DEG. 43' 33" EAST, 780.25
FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1,986.00 FEET AND A
CENTRAL ANGLE OF I I DEG. 29' 20"; THENCE SOUTHEASTERLY 398.23 FEET ALONG THE CENTER LINE OF
SAID CURVE TO A TANGENT LINE; THENCE SOUTH 27 DEG. 14' 13" EAST, 920.65 FEET ALONG SAID LINE TO A
POINT IN A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 600.00 FEET;
THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81 DEG. 39'
12", AN ARC DISTANCE OF 855.07 FEET TO A POINT OF REVERSE CURVE CONCAVE TO THE SOUTHEAST AND
HAVING A RADIUS OF 640.00 FEET; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE, A
DISTANCE OF 152.33 FEET TO A POINT OF TERMINATION IN SAID RIGHT-OF-WAY OF THE SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT. (SHOWN AS INDUSTRIAL PARKWAY (pRIVATE) ON SAID PARCEL
MAPS.)