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Home My WebLink About2006-036 RESOLUTION NO. 2006-36 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AMENDMENT TO THE 2005 MEADOWBROOK SINGLE-FAMILY RESIDENTIAL DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND MEADOWBROOK PARK HOMES, INC. (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA) 3 4 5 6 7 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a 8 public body, corporate and politic; and 9 WHEREAS, on January 10, 2005, the Mayor and Common Council and the Community 10 Development Commission approved and authorized the execution of the 2005 Meadowbrook 11 Single Family Residential Development Agreement (the "2005 Agreement") between the 12 Agency and Meadowbrook Park Homes, Inc. ("Developer"), to sell ten (10) Agency Lots to the 13 Developer for the development and sale of eight (8) new single family homes to Qualified 14 Homebuyers and two (2) new single family homes to market tate buyers as defined in the 2005 Agreement; and \5 16 WHEREAS, the Agency and the Developer seek to amend the 2005 Agreement 17 ("Amendment") to accommodate several modifications and objectives, including, but not limited to, the sale of the property located at 214 East 4th Street, San Bernardino, California 18 (APN: 0135-142-19) (the "Agency Lot") within the Central City East Redevelopment Project 19 Area ("Project Area") at not less than the fair market value determined at its highest and best use ("Market Value") in accordance with the Project Area Redevelopment Plan ("Plan"); and WHEREAS, the Developer shall develop and construct on the Agency Lot a singl 20 21 22 family home in accordance with the development standards and requirements pursuant to th 23 2005 Agreement; and 24 WHEREAS, in accordance with Section 33431 and 33433 (a) (I) of the Health an 25 Safety Code, the Agency has prepared and published a notice of public hearing in The Sa 4815-9755-5968.1 -\- P\Agendas\Resoluliolls\Resolulions\2006\02_06_06 Meadowbrook Park Homes MCC Resodoc 2006-36 2 Bernardino County Sun Newspaper on January 23 and 30, 2006, regarding the consideration an approval of the sale of the Agency Lot in accordance with the provisions of the Amendment t the 2005 Agreement; and WHEREAS, pursuant to Health and Safety Code Section 33431, the Agency may transfe the Agency Lot to the Developer subject to the Mayor and Common Council adopting Resolution authorizing the Agency to transfer the Agency Lot in light of the findings set fort herein, pursuant to Health and Safety Code Section 33433; and 3 4 5 6 7 8 WHEREAS, the Agency has prepared a Summary Report that describes the salient point 9 of the Amendment to the 2005 Agreement and identifies the cost of the Amendment to th 10 Agency in accordance with Health and Safety Code Section 33433; and WHEREAS, development of the Agency Lot pursuant to the Amendment and the 2005 11 12 Agreement is "categorically exempt" in accordance with Section 15332, Class 32 of th 13 California Environmental Quality Act ("CEQA"). 14 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERE BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 15 16 Section 1. The Recitals of this Resolution are true and correct. 17 Section 2. On February 6, 2006, the Mayor and Common Council and Communit 18 Development Commission conducted a full and fair joint public hearing and considered th written Agency staff report relating to the Amendment to the 2005 Agreement, the Summar Report and the testimony, if any, submitted relating to the disposition and development of th Agency Lot by the Developer in accordance with the Amendment. The minutes of the Cit 19 20 21 22 Clerk for the February 6, 2006, joint public hearing of the Mayor and Common Council an 23 Community Development Commission shall include a record of all communication an testimony submitted to the Mayor and Common Council and the Community Developmen Commission at the joint public hearing by interested persons relating to this transaction. 24 25 4815-9755-5968.1 -2- P\AgendasIResolutionslResolutions\2006\02-06-06 Meadowbrook Park Homes MCC Reso.doc 2006-36 Section 3. This Resolution is adopted in order to satisfy the provisions of Health an 2 Safety Code Section 33433 (a) (I) and (2) (8) (I) related to the disposition of the Agency Lot t 3 the Developer in accordance with the Amendment to the 2005 Agreement. Common Council hereby find and determine as follows: 4 5 (i) The Summary Report contains the information described in Health and Safety Cod Section 33433(a)(2) (b) wherein the Agency Lot is being sold to the Developer at th purchase price of NINETY THOUSAND DOLLARS ($90,000) for the developmen 6 7 8 of a single family market rate home ("New Market Rate Home") which sai consideration is not less than the fair market value determined at its highest and bes 9 10 use in accordance with the Redevelopment Plan and the consideration is not les 11 than the fair reuse value at the use and with the covenants, conditions an Amendment. 12 development costs authorized by the sale pursuant to the terms and conditions of th 13 Section 4. The Mayor and Common Council hereby find and determine that th 14 15 development of the Agency Lot is consistent with the environmental review completed for th approved 2005 Agreement and the Amendment and that said development is "categoricall 16 exempt" and no potentially adverse environmental effects are anticipated to be associated wit 17 the development of the Agency Lot and a Notice of Exemption under CEQA relating to th development of the Agency will be filed with the County Clerk. 18 19 Section 5. The Mayor and Common Council hereby receives and approves th 20 Summary Report and the Amendment to the 2005 Agreement in the form as submitted at thi joint public hearing. 21 22 Section 6. The Mayor and Common Council hereby approves the disposition of th 23 Agency Lot to the Developer on the terms set forth in the Amendment to the 2005 Agreement. 24 Section 7. The City is not a party to the 2005 Agreement and the Amendment, an 25 nothing in this Resolution shall be deemed to constitute an approval by the City of an application for a development permit or approval which the Developer may hereafter be require 4815-9755-5968.1 -3- P:\AgendasIResolutions\Resolulions\2006\02_06_06 Meadowbrook Park Homes MCC Resodoc 2006-36 to obtain from the City as a condition precedent to the performance of the Developer's obligatio 2 under the Amendment with respect to the development of the Agency Lot and/or the constructio 3 of any New Market Rate Home on the Agency Lot. The City hereby reserves its discretion unde 4 all applicable laws to approve or reject, and to impose any appropriate condition of its approva 5 on such development permit application as the Developer may hereafter submit to the City i Section 8. This Resolution shall take effect upon its adoption and execution in th 6 connection with the Agency Lot. 7 8 manner as required by the City Charter. 9 /1/ 10 /1/ II /1/ 12 /1/ 13 //1 14 //1 /1/ 15 /1/ 16 /1/ 17 /1/ 18 /1/ 19 /1/ 20 /1/ 21 /1/ 22 /1/ ?' _0 /1/ 24 //1 25 /1/ 4815-9755-5968.1 -4- P\Agendas\Resolulions\Resolulions\2006\02_06_06 Meadowbrook Park Homes MCC Reso.doc 2006-36 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AMENDMENT TO THE 2005 MEADOWBROOK SINGLE-FAMILY RESIDENTIAL DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND MEADOWBROOK PARK HOMES, INC. (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA) 2 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 7 Common Council of the City of San Bernardino at a ioint regular meeting thereof held on the 6th day of February 8 Council Members: Ayes 9 ESTRADA x - 10 LONGVILLE -L 11 X MCGINNIS 12 DERRY x 13 KELLEY x - 14 JOHNSON X 15 MC CAMMACK 16 17 , 2006, by the following vote to wit: Nays Abstain Absent x ~~h.u~k. Rac el G. Clark, City Clerk 18 19 The foregoing resolution is hereby approved this ,~Ii. day of February ,2006. Approved as to form and Legal Content: 20 21 22 ?' _0 24 By: ~,4/~~ City Attorney (J 25 4815-9755-5968.2 -5- ?\Agendas\Resolutions\Resolutions\2006\02-06-06 Meadowbrook Park Homes MCC Reso.doc