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. See Companion
Resolution 98-260
RESOLUTION NO. 5553
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO APPROVING THE SALE OF PROPERTY ON THE
3 NORTHWEST CORNER OF WATERMAN A VENUE AND BARTON ROAD FROM THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO JMS
4 WATERMAN, LLC.
5 WHEREAS, the City of San Bernardino, California (the "City'), is a municipal corporation
6 and a charter city duly created and existing pursuant to the Constitution and the laws of the State
7 of California; and
8 WHEREAS, the Community Development Commission of the City of San Bernardino (the
9 "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the
10 "Agency"), is a redevelopment agency, a public body of the State of California, organized and
11 existing pursuant to the Community Redevelopment Law (Part 1 of Division 24) commencing with
12 Section 33000 ofthe Health and Safety Code of the State of California (the "Act"); and
13 WHEREAS, the City and the Commission have previously approved and adopted
14 Redevelopment Plans (collectively hereinafter referred to as the "Redevelopment Plans") for
15 various redevelopment project areas within the City which project areas include: the
16 Meadowbrook-Central City Project Area, Central City North Project Area, Central City East
17 Project Area, Central City South Project Area, Central City West Project Area, Tri-City Project
18 Area, Southeast Industrial Park Redevelopment Project Area, South Valle Project Area, State
19 College Project Area, Northwest Project Area, Uptown Project Area and the Mt. Vernon Project
20 Area; and
21 WHEREAS, Section 33391 of the Act provides that a redevelopment agency may acquire
22 any interest in real or personal property within a redevelopment project area or for the purposes
23 of redevelopment and Section 33430 of the Act provides that a redevelopment agency may dispose
24 of any interest in real or personal property within a redevelopment project area or for the purposes
25 of redevelopment; and
26 WHEREAS, the Agency desires to sell to JMS Waterman, LLC., (the "Buyer") certain real
27 property (the "Property") which is more fully described in Exhibit "A" attached hereto and
28 incorporated herein by reference; and
HTC/js [JMS2.RES]
5553
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO APPROVING THE SALE OF PROPERTY ON THE
2 NORTHWEST CORNER OF WATERMAN AVENUE AND BARTON ROAD FROM THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO JMS
3 WATERMAN, LLC.
4 WHEREAS, the Agency Staff has prepared and made available for public inspection a
5 certain Summary Report (the "Summary") concerning the proposed sale, as required by Health
6 and Safety Code Section 33433, a copy of which is on file with the Agency and is incorporated
7 herein by reference; and
8 WHEREAS, the Agency and the City have duly noticed and conducted a public hearing
9 in accordance with the requirements of Health and Safety Code Section 33431 and Section 33433
10 concerning the proposed disposition of the Property by the Agency to the Buyer; and
II WHEREAS, based upon evidence and testimony submitted to the Agency, it is reasonable
12 and appropriate for the Agency to approve the proposed sale.
13 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, ACTING
14 ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
15 BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
16 SECTION 1. The Agency finds and determines that the sale of the Property as described
17 is within the scope, terms and provisions of the Redevelopment Plans, is consistent with the
18 Agency's previously approved Implementation Plans and will provide housing for low- or
19 moderate-income persons.
20 SECTION 2. The Agency and the City have held a public hearing on the disposition of
21 the Property in accordance with Health and Safety Code Sections 33431 and 33433 and hereby
22 accept and approve the Summary as prepared by Agency Staff.
23 SECTION 3. The Agency hereby finds and determines that the conveyance of the Property
24 to the Buyer is reasonable and necessary to effectuate the purpose of the Redevelopment Plans,
25 in that it will return funds to the low and moderate income housing fund to provide additional
26 resources to create housing opportunities for low- or moderate-income persons.
27 SECTION 4. The Agency hereby further finds and determines that the consideration to
28 be received by the Agency through the sale of the Property is equal to the fair market value of the
HTC/js [JMS2.RES]
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5553
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO APPROVING THE SALE OF PROPERTY ON THE
2 NORTHWEST CORNER OF WATERMAN A VENUE AND BARTON ROAD FROM THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO JMS
3 WATERMAN, LLC.
4 Property.
5 SECTION 5. The Agency hereby approves the proposed sale and conveyance of the
6 Property to the Buyer. The Agency authorizes the Executive Director to execute escrow
7 instructions and such other documents as may be necessary to consumate said transactions in
8 accordance with and consistent with the deal points contained in the Agency Staff Report.
9 III
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HTC/js [JMS2.RES] 3
5553
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO APPROVING THE SALE OF PROPERTY ON THE
2 NORTHWEST CORNER OF WATERMAN AVENUE AND BARTON ROAD FROM THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO JMS
3 WATERMAN, LLC.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
5 Development Commission of the City of San Bernardino at a
6 meeting thereof, held on the 8th day of September
regular
, 1998, by the follow in
7 vote, to wit:
8 COMMISSION MEMBERS:
AYES
NAYS
ABST AIN ABSENT
9 ESTRADA
10 LIEN
11 ARIAS
12 SCHNETZ
13 DEVLIN
14 ANDERSON
15 MILLER
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x
x
x
x
x
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x
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CITY CLERK
The foregoing Resolution is hereby approved this j, .
, 1998.
23 Approved as 0 form and
legal conten :
24 i--""
/
25
By'
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HTC/js [JMS2.RES] 4
5553
1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO APPROVING THE SALE OF PROPERTY ON THE
2 NORTHWEST CORNER OF WATERMAN AVENUE AND BARTON ROAD FROM THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO JMS
3 WATERMAN, LLC.
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THE PROPERTY
Lot 8, Tract No. 11414, in the City of San Bernardino, County of San Bernardino, State of
8 California, as per plat recorded in Book 157 of Maps, Pages 41 through 44, inclusive, records
of said County.
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EXHIBIT "A"
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