HomeMy WebLinkAboutR04-RDA Item
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. Redevelopment Aaeney. city or $an Bernardino
~HonIa"D"SlNir, FalnaPlaor. ..--..., Nw-lo 92411
(714) Jl4.MI FAX (714) 111-9413
OCTOBER 11 ,1990
CHUCK KING AND ASSOCIATES
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SynoDSls of PrevIous CommIssIon/CouncIl/CommIttee ActIon:
6/29/78 ResolutIon No. 3674 adopted to condemn ~roperty.
5/7/79 MotIon to negotIate a dIrect sale between San BernardIno IndustrIal
Park, Inc., and Chuck KIng & AssocIates, and.to dIsmIss a prevIously
fIled condemnatIon actIon.
8/18/80 ResolutIon No. 4097 authorl~ed an amendment to the DIsposItIon &.Jolnt
Development Agreement between the Agency and KIng IndustrIal Park.
contInued on page 2
'Recommended Mot~on:
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<COMMUNITY DEVELOPMENT COMMISSION)
That the CommIssIon approve executIon of the attached CertIfIcate of ComplIance.
for Chuck KIng & AssocIates DBA KIng IndustrIal Park, a CalIfornIa. LImIted
PartnershIp, and San BernardIno IndustrIal Park, Inc., a CalIfornIa CorporatIon:
Respectfully SubmItted,
SupportIng data attached: YES
Hard: 1
Project: SEIP
FUNDING. REQUIREMENTS:
NONE
CommIssIon Notes:
Agenda of: 10/18/90
Item No. f
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SynODsls of Previous Commission/council/Committee Action:
7/16/86 Motion to authorize City Attorney to take legal steps to. enforce
provisions of the Disposition and Joint Development Agreement
referred back to Committee.
7/5/88 Motion to authorize City Attorney to send a demand letter to Chuck
King and Associates per the provisions of the Disposition and Joint
. Development Agreement dated September II, 1979. .
11/21/88 Motion to authorfze the City Attorney to proceed with a lawsuit
against Chuck King & Associates.
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S T A F F R E P 0 R T
SUMMARY
In 1979, the Agency entered Into an agreement with King Industrial Park/San
Bernardino Industrial Park, Inc., which went Into default In 1981. Through
litigation, the Agency has been successful In collecting $20,000. Upon .
receipt of the remaining $8,000 owed to. the Agency, Certificates of
Completion may be Issued for those affected parcels (see attached map).
BACKGROUND
Per the terms of the Agreement, the developer was to construct an Industrial
park containing four buildings equallng.145,OOO s.f. In the event the four
parcels were not built out on schedule, the developer agreed to pay the
Agency $2,000 per lot per year. Said fees were never paid.
In 1988, the Commission authorized the City Attorney to proceed with
litigation In order to recover all past due In lieu fees. In determining the
amount owed the Agency, several factors were taken Into consideration: two
of the four lots were built out In 1986 and 1990, reipectlvely, and due to
the statute of limitations, the Agency could only go back five years to
collect In lieu payments. It was determined the following monies were owed
by Chuck King and Associates:
Parcels
281-041-44,45,47
Owner . Amount
P.E. O'Halr $20,000
(1986 - 1990 x .4,000)
King Industrial Park 8,000
(1986 - 1989 x $2,000)
281-041-48
P.E. O'Halr has remitted payment, thereby bringing their In-lieu fees
current. King Industrial Park Is In the process of remitting payment, and
upon receipt of same, a Partial Certificate of Completion will be'lssued
. verifying that two of the four parcels have been built out.
RECOMMENDATION
Staff recommends adoption of the form motion which would authorize the
Executive Director to execute the attached Partial Certificate of Completion.
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PARTIAL CERTIFICATE OF COMPLETION
FOR THE
DISPOSITION AND JOINT DEVELOPMENT AGREEMENT
BY AND BETWEEN
SAN BERNARDINO INDUSTRIAL PARK, INC, A CALIFORNIA CQRPORATION
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KING INDUSTRIAL PARK, A CALIFORNIA LIMITED PARTNERSHIP
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AND
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THE REDEVELOPMENT AGENCY OF THE, CITY OF SAN BERNARDINO
Dated
day of
, 1990.
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PARTIAL
CERTIFICATE OF COMPLETION
FOR DISPOSITION AND DEVE~OPMENT AGREEMENT
WHEREAS, SAN BERNARDINO INDUSTRIAL PARK, INC. a CalIfornIa
corporatIon and-KING INDUSTRIAL PARK, a CalIfornIa lImIted partnershIp
heretnafter _referred to as -Redeveloperu, ~ave entered Into a DIsposItIon and
JoInt Development Agreement -wtth the REDEVELOPMENT A~ENCY OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, hereInafter called the "AgencyU; and
WHEREAS, saId DIsposItIon and Development Agreement, dated the 11th
day of September, 1979, was recorded on September 26, 1979 at Book 9779, page
- 73 In the OffIcIal Records of the County Recorder of the County of San
BernardIno, State of CalIfornIa; and
WHEREAS, In SectIon 3 (b) of saId DIsposItIon and Development
Agreement the Redeveloper and the Ag,ncy agreed that upon the completIon of
the Improvements, namely, certaIn Improvements -requIred In ExhIbIt .Cu of the
-Agreement In a manner satISfactory to the Agency, the Agency would cause to
be prepared and recorded a CertIfIcate of CompletIon .
NOW THEREFORE, BE IT RESOLVED _by t~e Redevelopment Agency of the CIty
of San BernardIno, Caltfornla, that the Agency does hereby determIne,
conclusIvely certIfIes, and gIves notIce that wIth respect to that certaIn
portIon of the real property hereInafter descrIbed subject to the Dlspnsltlon
and Development Agreement, the Redeveloper has fully satIsfIed.. termInated
and completed, for Itself, tts successors and asstgns, all covenants and
agreements wIth respect to the oblIgatIons of Redeveloper for the buIldIng
upon and Improvements to saId land; carrIed out In conformIty wIth the fIre,
health and buIldIng code requIrements of the CIty of San BernardIno, and the
provlstons of the Redevelopment Plan for the Southeast IndustrIal Park
_Project Area, and the DeclaratIon of RestrIctIon, and the dates for begInnIng _
and completIon thereof, provtded for In saId Agreement, upon the hereInafter
descrIbed real property;
Parcell of Parcel Map 5481, In the City of San Bernardino,
County of San Bernardino, State of CalifornIa, as per map
recorded In Book 58, of Parcel Maps, pages 93 and 94 of
Official Records, In the offIce of the COunty Recorder of
saId COunty. CAPN No. 281-041-43) and
Parcel 4 of Parcel Map 5481, In the City of San Bernardino,
-County of San Bernardino, State of California, as per plat
recorded In Book 58 of Parcel Maps, pages 93 and 94, of
-Official Records, In the office of the County Recorder of
said ~unty. CAPN No. 281-041-39) -
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ThIs certIficate relates solely to. the property described her.in.
IN WITNESS WHEREOF, the Agency ha~ caused this certifIcate to be duly
executed on its behalf thIs day of . , 1990.
REOEVELaPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
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Approved as to Legal Form and
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Agency Cou
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