HomeMy WebLinkAbout1988-129
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RESOLUTION NO. 88-129
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO THE DISPOSITION AND JOINT
3 DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO, AND THE
4 SAN BERNARDINO COMMUNITY HOSPITAL.
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WHEREAS, the Redevelopment Agency of the City of San
Bernardino, California (the "Agency"), the City of San Bernardino
(the "City"), and the San Bernardino Community Hospital (the
"Redeveloper"), have heretofore entered into a certain
Disposition and Joint Development Agreement (the "Agreement") by
and among the Redeveloper, the Agency and the City pertaining to
the acquisition by the Redeveloper of certain real property
within the Northwest Project Area, and the construction thereon
of the San Bernardino Community Hospital; and
WHEREAS, the Agency, the City and the Redeveloper propose
to enter into a certain First Amendment to the Agreement (the
"Amendment"), a copy of which is attached hereto as Exhibit "A"
and is incorporated herein by reference, pursuant to which, among
other matters, the Agency and the City would agree to extend the
date for the close of escrow to on or before December 1, 1988;
and
WHEREAS, the Commission and the Mayor and Common Council of
the City duly considered and certified an Environmental Impact
Report (the "EIR") applicable to the Redevelopment Plan for the
Northwest Redevelopment Project Area (the "Redevelopment Plan")
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on June 21, 1982, by Resolution No. 4333, and the redevelopment
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of the Property as described in the Amendment is within the scope
of the Redevelopment Plan and the EIR, both of which adequately
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1 describe the proposed redevelopment of the Property as set forth
2 in the Amendment: and
3 WHEREAS, the Commission by Resolution 5054 previously
4 approved a proposed First Amendment to the Agreement which was
5 not executed by all the parties and the parties now desire to
6 enter into a new First Amendment: and
7 WHEREAS, the Mayor and Common Council have determined that
8 it is reasonable and appropriate for the City to enter into the
9 First Amendment to the Agreement.
10 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
11 SAN BERNARDINO HEREBY RESOLVE AS FOLLOWS:
12 Section 1. The City hereby finds and determines that the
13 EIR pertaining to the Redevelopment Plan was properly and
14 lawfully certified and adopted by the Commission and the Mayor
15 and Common Council of the City on June 21, 1982. The City
16 further finds and determines that the development of the Property
17 as described in the Amendment is within the scope, terms and
18 provisions of the Redevelopment Plan and the EIR, and the EIR
19 adequately describes the proposed development of the Property for
20 purposes of compliance with CEQA. The City further finds that no
21 new effects could occur and no new mitigation measures would be
22 required for the proposed redevelopment of the Property as
23 described in the Amendment separate from those effects and
24 mitigation measures set forth in the EIR, and that there are no
25 substantial changes which have occurred since the certification
26 of the EIR with respect to the circumstances under which the
27 proposed redevelopment of the Property is to be undertaken. The
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1 City further finds and determines that no new information of
2 substantial importance with respect to the proposed redevelopment
3 of the Property has become available since the certification of
4 the EIR. The City has duly considered the EIR for purposes of
5 its consideration of the Amendment, in accordance with the
6 requirements of CEQA.
7 Section 2. The City hereby approves the First Amendment to
8 the Agreement. The Mayor is hereby authorized and directed to
9 execute for and on behalf of the City the First Amendment to the
10 Agreement, with such nonsubstantive changes thereto as may be
11 approved by the Mayor and City Attorney.
12 Section 3. This Resolution shall take effect upon
13 adopt ion.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a
meeting thereof, held on
re<J111ar
17 the
, 1988, by the following
day of
May
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18 vote, to wit:
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Council Members Estrada. Reillv. Flores.
AYES:
Maunslev. Minor. Pone Ludlam. Miller
NAYS:
Nnnp.
ABSENT:
None
~#A;I',.?/~~
~ City Clerk
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'Re'so, First Amdt to DDA
1 The foregoing resolution is hereby approved this ~/~day
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/ rLeX--<:. Ie A"j /' 'iLtC <>0
Myn Wilcox, Mayor /
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Approved as to form
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Ci Y. Attorney
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RECORDING REQUESTED BY:
THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
WHEN RECORDED MAIL TO:
THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
300 NORTH "D" STREET, 4TH FLOOR
SAN BERNARDINO, CA 92418
(Above Space for Recorder's Use Only)
FIRST AMENDMENT TO DISPOSITION AND JOINT DEVELOPMENT AGREEMENT
BY AND AMONG
THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, CALIFORNIA; THE CITY OF SAN BERNARDINO;
AND THE SAN BERNARDINO COMMUNITY HOSPITAL
(NORTHWEST PROJECT AREA)
THIS FIRST AMENDMENT (the "First Amendment") to the
Disposition and Joint Development Agreement by and among the
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body,
corporate and politic (the "Agency"), the CITY OF SAN BERNARDINO, a
municipal body corporate (the "City") and the SAN BERNARDINO
COMMUNITY
"Redeveloper") is entered into this
HOSPITAL, a California non-profit corporation
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r_ day of
(the
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1988, with respect to the following facts:
RECITALS
1. The parties hereto entered that certain Disposition and
Joint Development Agreement dated November 20, 1986, and recorded
in the official records of San Bernardino County, California, on
January 22,1987, as Document Number 87-021231 (the "DDA").
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2. The DDA pertains to that certain parcel of real property
described in Exhibit "A" attached hereto and incorporated herein by
reference (the "Property").
3. The parties desire and intend to extend the date of the
close of escrow from September 1, 1987, to no later than December
1, 1988.
4. The parties desire and intend to amend the DDA to include
requirements for minority hiring and use of minority owned
businesses.
5. The parties desire and intend to amend the DDA to clarify
and specify the requirements relating to maintenance
responsibilities.
TERMS AND CONDITIONS
WHEREFORE, the parties hereto agree as follows:
Section 1. Section 8 of the DDA is hereby amended to add the
following:
"The Redeveloper further covenants to use its best efforts to
afford the opportunity to qualified minority business enterprises
('MBEs') to submit bids and proposals on the development of the
Property and the construction of improvements thereon. Bidders for
the development of the Property and the construction of
improvements thereon shall be expected to solicit and use
minorities in their bidding, subcontracting and material purchases.
The Redeveloper shall make positive good faith efforts to inform
qualified MBEs of available business opportunities.
A bona fide MBE is a business which is owned and controlled
by at least fifty-one percent (51%) minority group members.
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Minority group members are Blacks, Hispanics, American Indians,
Orientals, females and other socially or economically disadvantaged
groups.
Based on the availability of qualified MBEs, the Redeveloper
has established a goal for participation of qualified MBEs in the
development of the Property and the construction of improvements
thereon of ten percent (10%) of the total contract price.
The Redeveloper shall have bidders document their compliance
with this Section in one of three ways:
(1) If bidder is a qualified MBE, by a written
statement to that effect:
(2) If bidder will joint venture with a
qualified MBE or subcontract a substantial portion
of the contract to a qualified MBE, by a written
statement to that effect which shows the percentage
of MBE participation: or
(3) If bidder supplies a contract without
qualified MBE participation, the bidder shall
produce additional documentation showing a 'good
faith effort' to procure MBE participation. Such
good faith efforts shall include using the services
of available minority community organizations,
contractors' groups, local, state and federal
organizations which provide assistance in soliciting
and placement of qualified MBEs.w
Section 2. Section Sea) of Exhibit wOw of the OOA is hereby
deleted and replaced with the following:
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"(a) Close escrow not later than December 1, 1988."
Section 3. Exhibit "D" of the DDA is amended by adding
Section 6, which reads as follows:
"The Redeveloper further agrees to maintain the
Property in a neat and attractive manner until construction of the
improvements described in this agreement is complete so as not to,
in the reasonable determination of an officer of the City, be a
public nuisance, or be detrimental to the health, safety and
welfare, or impair value of property within one thousand (1,000)
feet of the Property, and agrees that in the event the Redeveloper
fails to so do, the Agency may enter upon the Property for the
purposes of performing necessary and desirable maintenance, that
the Redeveloper will be responsible for the cost of any such
maintenance undertaken by the Agency, and the Agency may record a
lien upon the Property for any such expenses incurred by the Agency
which remain unpaid by the Redeveloper for thirty (30) days after
receipt by Redeveloper of written demand therefor. Such a lien may
be accomplished by the recordation of a Notice of Lien by the
Agency setting forth the maintenance performed and the amount
thereof. Redeveloper agrees to prepare and record Covenants,
Conditions and Restrictions approved by Agency, including the
maintenance responsibilities outlined in this Agreement which may
not be amended nor revoked without the approval of Agency."
Section 4. The parties reaffirm all terms and provisions set
forth in the DDA, except insofar as such terms and provisions are
amended by this First Amendment.
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STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
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On A)Al/ ~ , 19~ , before me, Katharine Peake, a Notary Public,
personally appeared EVLYN WILCOX and GLENDA SAUL, personally known to me to be
the persons who executed this instrument as Chairman and Secretary,
respectively, of the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, and
acknowledged to me that the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
executed it. \Vdl. ~ (/J~
"....'':''''>~.~"''';;"'~$:"~~r:n~L ~~NE PEAKE, Notary Pub 1 i c
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~ , ' ,; ;~::':. ,~:; . C...\Ur"O:lN:A
i :"~E:~~:':i,::iDiNO COUNTY
~.";;y '_''J:r,~,l_ h;:::r;Js ~ept. 27, 1991
~".~,.._~._-~'::<o:.:, _,_ .
'illrnFcATIFORNIA,
COUNTY OF,')AtJ
?if: 'I!-N ~ 1)1 NO
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'. OFFICIAL SIAL ..
::.., MAlltANNE M, IIRAMSOH :
: NOTARY PUBtIC-CAlWORNIA :
. SAN BERNARDINO COUNTY .
:.........:~;:~..bp. Sept. 11, 1989 :
.............
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ACKNOWlEOGMENT-General-Wolcotts Form 23J-Rev. ].64
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ON----JU I'lL I
before me, the undersigned, a Notary Public in and for said State,
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personally appeared
==~AY 1-1:. 7)f}1<-TDN - /lL
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to be the persOIl=: whose nameiSc subscribed to the within Instrument,
and acknowledged to me that=-he-= executed the same_
WITNESS my hand and official seal.
~Yn~
Notary Public in and for said State.
IN WITNESS WHEREOF, the Agency and the Redeveloper have
executed this First Amendment as of the date first written above.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
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By By
7fih~MMi
Se retary
By
Title
Approved as to form
and legal content:
AGENCY COUNSEL:
BY~)
:/ Denn' A. Barlow
ATTEST:
By
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n Wilcox, Mayor
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Approved as to~orm
and legal content:
hYj~~ )
, Ci ty orney
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