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HomeMy WebLinkAboutCDC/2005-19 RESOLUTION NO. CDC/2005-19 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO THE WATERMAN HOLDINGS, LLC 2004 DISPOSITION AND DEVELOPMENT AGREEMENT AND AUTHORIZING THE AGENCY EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO.1 TO THE 2004 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND WATERMAN HOLDINGS, LLC (4TH & WATERMAN AVENUE -APN 0135-191-11) 3 4 5 6 7 WHEREAS, the Community Development Commission of the City of San Bernardino 8 (the "Community Development Commission") is the governing board of the Redevelopment 9 Agency of the City of San Bernardino (the "Agency"); and WHEREAS, the Agency Property is located at the south west comer of 4th Street and 10 11 Waterman Avenue within the Central City East Redevelopment Project Area and is 12 unimproved; and 13 WHEREAS, on December 6, 2004, the Community Development Commission adopted 14 Resolution No. CDC/2004-49 approving the sale of certain real property by the Agency to 15 Waterman Holdings, LLC (the "Buyer") and authorizing the Agency Executive Director to 16 execute the 2004 Disposition and Development Agreement (the "DDA") between the Agency 17 and the Buyer; and 18 WHEREAS, it is appropriate for the Community Development Commission to approve 19 Amendment No. 1 (the "Amendment") to the DDA between the Agency and the Buyer in this 20 Resolution. 21 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 22 23 24 Section 1. The Community Development Commission hereby approves the attached 25 Amendment in the form as presented at the meeting at which this Resolution is adopted. The P:\Agendas\Rcsolutions\RcsoJutions\200S\05-06-20 Amend No.1 Watennan Holdings, LLC CDC Reso_doc '. Executive Director of the Agency is hereby authorized and directed to execute the Amendment on behalf of the Agency, together with such technical and non-material conforming changes as may be recommended by Agency Counsel. The Amendment as hereby approved shall have no force or effect until it has been executed by the Executive Director of the Agency. The Resolution shall become effective immediately upon its adoption. 2 3 4 5 Section 2. 6 III 7 III 8 III 9 III 10 III 11 III 12 III 13 III 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III III 22 III 23 III 24 III 25 P:\Agcndas\Resolutions\Resolutions\200S\05~06.20 Amend No. I Waterman Holdings, LLC COC Rcso,doc 2 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO THE WATERMAN HOLDINGS, LLC 2004 DISPOSITION AND DEVELOPMENT AGREEMENT AND AUTHORIZING THE AGENCY EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO.1 TO THE 2004 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND WATERMAN HOLDINGS, LLC (4TH & WATERMAN AVENUE - APN 0135-191-11) 3 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit 7 Development Commission of the City of San Bernardino at a joint regular 8 9 meeting thereof, held on the 20th day of June Commission Members: Ayes Nays ESTRADA -L LONGVILLE ----L MCGINNIS X DERRY x KELLEY X JOHNSON -L Absent , 2005, by the following vote to wit: Abstain 10 11 12 13 14 15 MC CAMMACK ----L 16 17 18 19 The foregoing resolution is hereby approved this on/vii- day of June ,2005. 20 21 t.i:.A 0~ a , Chairperson nity Development Commission ity of San Bernardino 22 23 24 Approved as to form and Legal Content: By ~~dM~ Agency ounsel 25 3 P:\Ageodas\Resolutions\Rcsolutions\200S\OS-06-20 Amend No. I Waterman Holdings, LLC CDC Reso.doc AMENDMENT NO.1 2004 DISPOSITION AND DEVELOPMENT AGREEMENT WATERMAN HOLDINGS, LLC. (4th and Waterman Property) This Amendment No. 1 is dated as of June 20, 2005, and is an amendment to that certain 2004 Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino (the "Agency") and Waterman Holdings, LLC (the "Buyer"), dated as of December 6, 2004 (the "DDA), for the sale and purchase of certain Agency owned property located at the southwest comer of 4th Street and Waterman Avenue (the "Agency Property") within the City of San Bernardino (the "City") and within the Central City East Redevelopment Project Area of the Agency. RECITALS A. The Agency and the Buyer were relying upon the County of San Bernardino (the "County") to timely approve and execute a certain lease agreement with the Buyer to enable the Buyer to acquire the western portion of the Agency Property (identified in the DDA as the Phase I Property) for the construction of a County required public building which will be owned by the Buyer and leased to the County pursuant to a County approved lease agreement with the Buyer. B. The Buyer determined that the switching of the Phase I and Phase II sites would make the entire site more marketable and more aesthetically pleasing. Additionally, the new County office will have greater visibility and access. C. It is desirable for the Agency and the Buyer to approve and execute this Amendment No. 1 to the DDA upon the terms and conditions as set forth herein. THE AGENCY AND THE BUYER HEREBY AGREE AS FOLLOWS: Section 1. The DDA shall only be amended to the extent as set forth herein. All other terms and provisions of the DDA unless specifically amended or modified by the terms of this Amendment No. 1 shall remain in full force and effect. Section 2. On Page 1, under Recital "A" the second sentence is hereby deleted and replaced with the following: "The Agency Property is located in the Central City East Redevelopment Project Area and consists of an approximately 2.0 acre parcel, to be established by the Agency prior to the close of escrow, located at the intersection of 4th Street and Waterman Avenue (the "Phase I Property"), and an approximately 1.6 acre parcel, to be established by the Agency prior to the close of escrow for the Phase I Property, located approximately 300 feet west of the intersection of 4th Street and Waterman Avenue (the "Phase II Property") and an approximately 0.9 acre parcel that consists of the flood control channel presently aligned to the south of the Phase I Property and the Phase II Property (the "Expansion Property")". I P:\Agendas\Agenda Attac:hments\Agrmts-Amend 200S\()S-06-20 Amend No. I Watennan Holdings. LLC Section 3. On Page 16, under Section 3.09 (a), "Agency Phase II Property Interim Site Improvements" item (i) is hereby deleted and replaced with the following: "(i) wrought iron fencing to be located along the perimeter on 4th Street and the parcel line between the Phase I Property and the Phase II Property and chain link fencing or such other suitable fencing materials as may be approved by the City through the site design approval process for the southern parcel line adjacent to the flood control channel;". Section 4. Exhibit "B", "Site Map of the Phase I and Phase II Property" is hereby changed to reflect that the Phase I development on the Agency Property is to be located on the easterly 2.0 acre portion of the Agency Property and the Phase II development is to be located on the westerly 1.6 acre portion of the Agency Property. Section 5. The parties recognize that the Agency will continue to own the flood control channel that abuts the Agency Property on the south and flowing southwesterly along the southern property line of the Agency Property and as defined in the DDA as the Expansion Property. Neither party has committed to construct improvements or to provide funds for the construction and installation of a covered pipeline or box culvert, which would allow limited use of surface land above this flood control channel on the Expansion Property. The parties may make such offers to acquire and to improve this Expansion Property but no commitments to either sell, acquire or improve such Expansion Property are made by reason of this Amendment No.1. Section 6. This Amendment No. I shall take effect from and after the date of final approval hereof by the governing body of the Agency at a duly held public meeting and after the execution of this Amendment No. I by the Agency and the Buyer. III III III III III III III III III III 2 P:\Agendas\Agenda Attachmcnts\Agnro-Amcnd 2005\05-06-20 Amend No. I Watennan Hoklings. LLC IN WITNESS WHEREOF, the parties have singed this Amendment No.1 as of the date fist set forth above. REDEVELOPMENT AGENCY OF THE CITY SAN BERNARDINO Date: y~~ ~r By: Date: r; / :38( 0'\ 3 P:\Agcndas\Agenda Attachments\Agnnts-Amend 2005\05-06-20 Amend No. I Watennan Holdings. LLC