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HomeMy WebLinkAbout5554 Note: Disposition & Development Agreement Attached to Resolution 98-261 IMPORTANT NOTE - Resolutions 98-261 and 5554 are null and void because they were not executed within time specified. 10 20 21 RESOLUTION NO. 5554 4 ~~~uLul~ON OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND CHARLES DE COSTA AND LOUISE BASHFORD 5 6 7 WHEREAS, the Community Development Commission of the 8 City of San Bernardino (the "Commission") on behalf of the 9 Redevelopment Agency of the City of San Bernardino (the 11 "Agency"), is a redevelopment agency, a public body of the State 12 of California, organized and existing pursuant to the Community 13 Redevelopment Law (Part 1 of Division 24) commencing with Section 14 33000 of the Health and Safety Code of the State of California 15 (the "Act)"; and 16 17 WHEREAS, the Redevelopment Plan for the Northwest 18 Redevelopment Project (the "Redevelopment Plan") was previously 19 approved and adopted by the Mayor and Common Council of the City of San Bernardino (the "Council") by duly authorized Ordinance of the Council; and 22 23 WHEREAS, the Redevelopment Plan provides for the 24 25 redevelopment of real property pursuant to the Redevelopment Plan 26 both within and outside of the redevelopment project area which 27 is subject to the Redevelopment Plan (the "Project Area") by 28 - 1 - 20 5554 1 owners thereof or by parties seeking to acquire real property 2 3 from the Agency; and 4 5 WHEREAS, Section 33391 of the Act provides that a 6 redevelopment agency may acquire any interest in real or personal 7 property within a redevelopment project area or for the purposes 8 of redevelopment and Section 33430 of the Act provides that a 9 redevelopment agency may dispose of any interest in real or 10 personal property within a redevelopment project area or for the 11 purposes of redevelopment; and 12 13 WHEREAS, the Agency and Charles De Costa and Louise 14 Bashford (collectively the "Developer") deem it desirable to 15 enter into a certain Disposition and Development Agreement (the 16 17 "Agreement"), a copy of which is attached hereto as Exhibit "An 181 19 and incorporated herein by this reference, pursuant to which, among other matters, the Developer will acquire from the Agency certain real property (the "Property") which is located in the 21 Project Area. The transaction is for the purposes of causing the 22 redevelopment of the Property, including construction thereon by 23 the Developer of an approximately Sixty Thousand square foot 25 24 industrial facility (the "Project"); and 26 27 28 WHEREAS, the Agency and the City have noticed and conducted a public hearing in accordance with the requirements of Health and Safety Code Sections 33431 and 33433 concerning the - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5554 proposed disposition of the Property by the Agency to the Developer pursuant to the Agreement; and WHEREAS, based upon evidence submitted to the Agency, it is reasonable and appropriate for the Agency to approve the proposed Agreement. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Agency finds and determines that the disposition and development of the Property as described in the proposed Agreement is within the scope, terms and provisions of the Redevelopment Plan, is consistent with the Agency's previously approved Implementation Plan and will help eliminate blighting conditions in the proj ect Area by increasing the assessed valuation in the Project Area and creating a significant number of employment opportunities. Section 2. The Agency authorizes the Director of 27 the Agency to execute the Agreement and to execute such other documents as may be necessary to implement the Agreement and to make any necessary non-substantive changes in the Agreement as may be approved by Agency Special Counsel. 28 - 3 - 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 23 5554 Section 3. A Program Environmental Impact Report was certified in connection with the adoption of the Redevelopment Plan. The Agency finds that no new effects could occur in connection with the proj ect and no new mi tiga tion measures are required and therefore no new environmental document is required pursuant to Section 15168 of the CEQA guidelines. III III III III III III III III III III III III III III III III - 4 - 5554 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF 2 SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF 3 SAN BERNARDINO AND CHARLES DE COSTA 4 Section 4. This Resolution shall take effect upon 5 the date of its adoption. 6 I HEREBY CERTIFY that the foregoing Resolution was duly 7 adopted by the Community Development Commission of the City of 8 San Bernardino at a regular meeting 9 thereof, held on the 8th day of September 10 11 1998, by the following vote, to wit: 12 Council: AYES NAYS ESTRADA x LIEN x ARIAS x SCHNETZ x DEVLIN ANDERSON x MILLER x ABSTAIN ABSENT 13 14 x 15 16 17 18 The foregoing resolution is hereby approved thiS~~ day of ~~~~~. 1998. / 19 20 21 alles, Chairperson nity Development ssion of the of San Bernardino 22 23 24 26 content: 25 By: 27 SBEO/0001/DOC/3361 9/1/98 1131 MMC 28 - 5 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5554 1 EXHIBIT "A" 2 DISPOSITION AND DEVELOPMENT AGREEMENT 3 4 5 6 7 Note: Disposition & Development Agreement (DDA) Attached to Resolution 98-261. 8 9