HomeMy WebLinkAboutR34-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
SUBJECT: AMENDMENT NO.4 TO THE
DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY AND
MARVIN AND LELIA JABIN AND A
NEW JOB OPPORTUNITIES
REDEVELOPMENT GRANT
AGREEMENT WITH THE MAPEl
.______________.___.__________...____________..fORPO~!~Q~_._._._._.__..____.______________
FROM:
Gary Van Osdel
Deputy Director/Director
Housing & Community Development
DATE:
November 22, 2002
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SvnoDsis of Previous Commission/Council/Committee Action(s):
On November 21, 2002, the Redevelopment Committee voted unanimously to recommend that the Community
Development Commission consider approval of this item.
Recommended Motion(s):
(Communitv DeveloDment Commission)
MOTION A: A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION:OF THE CITY OF
SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY TO EXECUTE AMENDMENT NO.4 TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT (INDUSTRIAL PARKWAY PROPERTY) BY AND BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND MARVIN AND
LELIA JABIN AND CONSENTING TO AN ASSIGNMENT OF SAID DISPOSITION AND
DEVELOPMENT AGREEMENT
MOTION B: A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, AS THE GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO, APPROVING AND AUTHORIZING EXECUTION OF THAT
CERTAIN 2002 NEW JOB OPPORTUNITIES REDEVELOPMENT GRANT AGREEMENT
(MAPEl CORPORATION) AND THE GRANT OF CERTAIN PROJECT GENERATED TAX
INCREMENT REVENUES IN CONNECTION THEREWITH
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Contact Person(s):
Gary Van Osdel
Phone:
(909) 663-1044
Project Area(s)
Northwest
Ward(s):
6th
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letters
FUNDING REQUIREMENTS Amount: $ 600,000
/'
Source:
Future Tax Increment
SIGNATURE:
N/A
Commission/Council Notes:
1\- ~~~~~~-61)
P:\Clerical Services Dept\Margarct ParkeMgenda\CDC 2002\02-12-02 MAPEl Vcr GVO.doc
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COMMISSION MEETING AGENDA
Meeting Date: 1210212002
Agenda Item Number: &:3!1-
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
Amendment No.4 to the Disposition and Development Al!reement Between the Redevelopment
Al!encv and Marvin and Lelia Jabin and a New Job Opportnnities Redevelopment Grant
Al!reement with the MAPEl Corporation
BACKGROUND:
On November 7, 1996, the Community Development Commission adopted resolutions making
findings of fact and authorizing execution of a Disposition and Development Agreement (DDA) by
and between the Redevelopment Agency and Premis Partners regarding 18.57 acres of Agency
owned property located at 5415 Hallmark Parkway (the "Property") in the Northwest Redevelopment
Project Area; the agreed upon sales price of the Property being $807,000.
In October 1997, the Community Development Commission approved Amendment No.1 to the DDA
revising the sales price of the Property down to $473,500 based on an estimated cost of $333,500 in
flood control requirements necessary to render the Property developable.
In May 1999, the Community Development Commission approved Amendment No.2 to the DDA,
setting a date certain of May 15, 2001 by which the flood control measures on the Property must be in
place, calling for a deed of trust in the amount of $333,500 to be recorded against the Property and
expanding the type of uses to be allowed on the Property. . Subsequently, escrow closed on the
Property and the Agency received $473,500 from the sale.
On January 22,2001, the Community Development Commission approved Amendment No.3 to the
DDA to allow the Property to be sold to Marvin and Lelia Jabin and the DDA to be assigned to the
Jabins. Amendment No.3 calls for the development of 200,000 square feet of industrial/commercial
space, with an assessed valuation of at least $5.5 million and the generation of approximately 275
jobs.
Pursuant to the requirements of the DDA, the Jabins imported soils to the Property to correct the
flood and run off issues associated with the Property thereby rendering it developable.
CURRENT ISSUE:
The MAPEl Corporation desires to acquire the Property from the Jabins and to that end has entered
into escrow. MAPEl proposes to relocate their operations from Orange County to San Bernardino
and to build a new 316,000 square foot grout and adhesives manufacturing distribution facility on the
Property. MAPEl is proposing to develop the Property in three phases over seven years. The
development would create 180 job opportunities in our community and would have a projected value
of$31,125,000 upon full build out.
COMMISSION MEETING AGENDA
Meeting Date: 12/02/2002
Agenda Item Number: 1J!t--
P:\C1erica1 Services Dept\Margaret Parkcr\Agenda\CDC 2002\02.12-02 MAPEl VerGVO.doc
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Economic Development Agency Staff Report
MAPEl Corporation
Page 2
The proposed Amendment No. 4 to the DDA between Marvin and Lelia Jabin and the
Redevelopment Agency would allow the Property to be sold to MAPEl Corporation and allow them
to develop the Property consistent with their proposal.
In addition to requesting Agency approval of Amendment No. 4 and the related Assignment and
Consent to Assignment documents, MAPEl Corporation is requesting assistance from the Agency to
offset some of the costs associated with the creation of such a large number of jobs.
Inasmuch as the present owner previously received assistance from the Agency based upon a project
development that would have had a value of $6,200,000 (land and improvements) and, therefore,
would have generated property tax increment revenues to the Agency of approximately $62,000 a
year, Staff used that figure as a base amount in their negotiations with MAPEl in the same manner as
if the originally intended project had been actually built. Staff proposes to share with MAPEl a
percentage of the increased property taxes generated by the assessed valuation in excess of the base
assessed valuation figure as reimbursement for the new jobs created in the City of San Bernardino.
Under the proposed Jobs Grant Agreement, the Agency would receive all tax increment revenues
generated by the first $6,200,000 assessed valuation for the project adjusted each year in accordance
with the Proposition 13 inflationary adjustment, with MAPEl receiving 30% of the tax increment
revenues generated above said annually adjusted base amount for a period of time through June 30,
2013, as set forth on the attached spreadsheet.
The President of MAPEl, Nicholas Di Tempora, has asked Staff and Agency Special Counsel to
explore the feasibility of the Agency providing some form of Industrial Development Bond financing
for the proj ect.
ENVIRONMENTAL IMPACT:
The proposed Amendment No.4 and Grant Agreement are exempt under CEQA. The enviromnental
assessment of the proposed development will occur during the City's planning process.
FISCAL IMPACT:
Approximately $600,000 in net tax increment over the period January 2003 thru June 30, 2013.
RECOMMENDATION:
ent Commission adopt the attached Resolutions.
P:\C1erica1 Services DepI\Margaret ParkeMgenda\CDC 2002\02-12-02 MAPEl Vet OVO.doc
COMMISSION MEETING AGENDA
Meeting Date: 12102/2002
Agenda Item Number: l.Jy
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RESOLUTION NO.
A RESOLUTIO"l OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERI\lARDINO
APPROVING AND AUTHORIZING THE EXECUTIVE
DIRECTOR OF THE REDEVELOPMENT AGENCY TO
EXECUTE AMENDMENT NO.4 TO THE DISPOSITION
AND DEVELOPMENT AGREEMENT (INDUSTRIAL
PARKWAY PROPERTY) BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND MARVIN AND LELIA JABIN AND
CONSENTING TO AN ASSIGNMENT OF SAID
DISPOSITION AND DEVELOPMENT AGREEMENT
WHEREAS, the Community Development Commission of the City of San
Bernardino (the "Commission") is the governing body of the Redevelopment Agency of the City of
San Bernardino (the "Agency"), a public body corporate and politic, organized and existing pursuant
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to the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.);
and
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WHEREAS, the Agency and Premis Partners, a California limited partnership
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CPremis Partners"), previously entered into that certain Disposition and Development Agreement
dated November 7, 1996, pertaining to the disposition and development of certain real property
located within the State College Redevelopment Project Area known as the Industrial Parkway
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Property and more specifically described in Exhibit "A" hereto (the "Property"); and
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WHEREAS, on April 6, 1998, the above-referenced Disposition and Development
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Agreement was amended by Amendment No. I to enable Premis Partners to incur the costs
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associated with flood control improvements necessary to develop the property as provided in the
Disposition and Development, by providing that the purchase price of the Property be reduced by
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an amount equal to the actual costs of such flood control improvements, but in no event by more
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than Three Hundred Thirty-Three Thousand Five Hundred Dollars ($333,500.00) and
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_ I \\'1iEREAS, on May 3, 1999, the above-referenced Disposition and Development
2 Agreement was amended by Amendment No.2 to provide that the Agency is entitled to receive from
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3 Premis Partners upon the completion of the flood control and water runoff improvements necessary
4 in connection with the development of the Property (the "flood control and water runoff
5 improvements"), but in no event later than May 15, 2001, that sum which is equal to the difference
6 between the actual costs of the flood control and water runoff improvements and Three Hundred
7 Thirty-Three Thousand Five Hundred Dollars ($333,500.00), the obligation to pay said sum being
8 secured by that certain Deed of Trust and Assignment of Rents dated June 28, 1999 and recorded
9 on August 31, 1999 in Official Records of the County of San Bernardino, California, as Document
10 No. 19990369635 (the "Deed ofTrust"); and
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WHEREAS, on January 22, 2001, the Disposition and Development Agreement was
amended by Amendment No.3 (said Disposition and Development Agreement as amended by
Amendment No. I, Amendment NO.2 and Amendment No.3 being hereinafter referred to as the
"DDN') to provide for construction of approximately 200,000 square feet of improvements which
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may include warehousing and distribution facilities, office facilities, research and development
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facilities and general commercial and retail facilities consistent with market demand; and
19 WHEREAS, on February 7,2001, Premis Partners assigned, with the consent of the
20 Agency, the DDA to Marvin and Lelia Jabin; and
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22 WHEREAS, on June 8, 2002, the Public Works Division of the City of San
23 Bernardino issued to Marvin and Lelia Jabin a grading permit with respect to the Property; and
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25 WHEREAS, Marvin and Lelia caused a dirt import operation to be conducted on the
26 Property and a building pad to be constructed in accordance with the approved grading plan; and
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WHEREAS, the City Engineer inspected the Property following completion of the
dirt import operation and construction of the building pad and made a finding that erosion control
measures had been taken to protect off-site properties from runoff generated on Property; and
WHEREAS, the costs incurred by Marvin and Lelia Jabin in connection with the dirt
import operation and the construction of the building pad exceeded Three Hundred Thirty-Three
Thousand Five Hundred Dollars ($333,500.00); and
WHEREAS, the obligation secured by the Deed of Trust has been satisfied; and
WHEREAS, Marvin and Lelia J abin at this time desire to sell the Property to MAPEl
CORPORATION, an Illinois corporation (the "Purchaser"); and
WHEREAS, Marvin and Lelia Jabin desire that the DDA be amended to provide for
construction of approximately 300,000 square feet of improvements which may include warehouse
facilities, manufacturing facilities, production facilities, industrial facilities, distribution facilities,
office facilities, research and development facilities and general commercial and retail facilities
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20 WHEREAS, the Agency desires to facilitate development of the Property by the
21 Purchaser; and
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WHEREAS, in order to facilitate development of the Property by the Purchaser, the
24 Agency and Marvin and Lelia Jabin desire to amend the DDA and enter into that certain Amendment
25 No. 4 to the DDA attached hereto as Exhibit "B" and by this reference incorporated herein
26 ("Amendment No.4"); and
S82002:34689.1
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tit WHEREAS, Marvin and Lelia Jabin intend to enter into an Assignment of
2 Disposition and Development Agreement in the form attached hereto as Exhibit "C" (the
3 "Assignment Agreement"); and
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5 WHEREAS, Section 1.04 of the DDA provides that the DDA may not be assigned
6 without the prior approval of the Agency; and
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8 WHEREAS, the Purchaser has presented to Agency Staff evidence of its
9 qualifications to perform the duties and responsibilities and discharge the obligations imposed upon
10 the Developer (as defined in the DDA) under the DDA and Agency Staff has approved the
II Purchaser's qualifications; and
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13 WHEREAS, Agency staff has prepared a Consent to Assignment of Disposition and
tit 14 Development Agreement, a copy of which is attached hereto as Exhibit "D" (the "Consent to
15 Assignment").
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17 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION
18 ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
19 BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
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Section 1. The Commission hereby finds that the recitals set forth above are tme
22 and correct.
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24 Section 2. The Executive Director of the Agency is hereby authorized and directed
25 to execute a deed of reconveyance or similar instmment in recordable form in order that the lien of
26 the Deed ofTmst may be removed from the Property.
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Section 3. The Commission hereby approves Amendment No.4.
Section 4. The Executive Director of the Agency is hereby authorized and directed
to execute Amendment No.4 on behalf of the Agency in substantially the form attached hereto,
together with such changes therein as may be approved by the Executive Director and Agency
Special Counsel. The Executive Director of such other designated representative of the Agency is
further authorized to do any and all things and take any and all actions as may be deemed necessary
of advisable to effectuate the purposes of Amendment No.4.
Section 5.
The Commission hereby approves the assignment by Marvin and Lelia
Jabin of all of its right, title and interest in and to the DDA to the Purchaser pursuant to the
12 AssiglID1ent Agreement.
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Section 6.
The Executive Director of the Agency is hereby authorized and
directed to execute the Consent to Assignment.
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR
2 OF THE REDEVELOPMENT AGENCY TO EXECUTE AMENDMENT NO.4 TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT (INDUSTRIAL PARKWAY
3 PROPERTY) BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AND MARVIN AND LELIA JABIN AND CONSENTING TO AN
4 ASSIGNMENT OF SAID DISPOSITION AND DEVELOPMENT AGREEMENT
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This Resolution shall become effective immediately upon its adoption.
Section 7.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a
meeting
8 thereof, held on the
, 2002, by the following vote to wit:
day of
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NAYS
ABSTAIN ABSENT
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COMMISSION MEMBERS:
ESTRADA
LIEN
McGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
AYES
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Secretary
day of
,2002.
The foregoing Resolution is hereby approved this
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JUDITH V ALLES, Chairperson
Community Development Commission
of the City of San Bernardino
25 Approved as to form and
legal conte
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By:
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
3 I, Secretary of the Community Development
Commission of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached
4 copy of Community Development Commission of the City of San Bernardino Resolution
No. is a full, true and correct copy of that now on file in this office.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
6 of the Community Development Commission of the City of San Bernardino this day of
,2002.
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Secretary of the
Community Development Commission
of the City of San Bernardino
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582002:34689.1
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
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PAACEL A:
THAT PORTION OF BLOCKS 45 AND 46, AND TllAT IlNNUMBERED LOT 1\DJO:J:l~ING SLOCK 46 ON THE
WEST OF THE I,ANDS OF IRVINGTON LAND AND WATER COMpANY, AS PER PI,AT RECORDED III SOOK I,
RECORDS OF SURVEY, PAGE 32, RECORDS OF SAID COUNTY; IN SOOK :3 OP MAPS, PAGE 9, RECORDS
OF SAID COUNTY; AND SECTIONS 12 AND 13, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN SERNARDINO
BASE lIND MERIDIAN; SECTION 18, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERN~INO BASE AND
MERIDIAN, ACCORDING TO THE exTENSION OF THE LINES OF THE OFFICIAl, GOVERNMENT SURVEY
EXTENDED INTO THE MUSCOPI1\BE RJlNCHO, Al,L IN THE CITY OF SAN BERNNlPII'!O COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, LYING SO~ESTERLY OF THE SOUTHWESTERLY LINE OF THAT
CERTAIN PARCEL OF LAND, AS CONVEYED TO THE STATE OF CALIFORNIA BY PEED RECORDED OCTOBER
25, 1955, IN BOOK 3772, PAGE 93, OFFICIAL RECORDS, AS INSTRUMENT NO. 55. AS PARCEL "B":
AND NORTHERLY, NORTHEASTERLY AND EASTERLY OF THAT CERTAIN PARCEL OF LAND, AS CONVEYED
TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED JULY 27, 1948, IN
BOOK 2268, PAGE 146, OFFICIAL RECORDS; AND NORTHERLY AND NORTHWESTERLY OF THAT CERTAIN
PNlCEL OF LAND, AS CONVEYED TO SAID SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT SY
DEED RECORDED JULY 27, 1948, IN BOOK 226B, PAGE 142, OFFICIAL RECORDS.
TOGETHER WITH THOSE PORTIONS OF OREGOI'! AvENUE, PINE AVENUE. PINE AVEN~ AND ORANGE
AVENUE ADJOIN~NG PORTIOI'!S OF THE PROPERTY HEREIN DESCRISED, THAT WEllE VACATED AI'ID
AB.NIDONED l:!Y RESOLtlTIOI'! OF THE BOARD OF SOl/ERVISORS OF THE COllNTY OF SAN BERl!iIARDINO,
PATED MAY 27, 1929, ON FILE IN THE SAN BERI'IARDII'!O COOl'lTY ROAD DEPARTMENT WHICH WOULD
pASS BY OPERATION OF tAW WITH THE LEGAL CONVEYANCE OF SAID PROPERTY.
~CEPTING THEREFROM ALL THAT pORTION THEREOF SHOWN AS PARCELS 1, 2. 3 AND 4, AS l/ER
PLAT ATTACHED TO CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 94-06, RECORDED
DECEMBER 14, ~994, AS II'!STRUMENT NO. 94-493~65, OFFICIAL RECORDS; REFERENCE BEING MADE
HEREIN FOR THE COMPLETE DESCRIPTION AS DESCRIEED IN SAID DOCUMENT.
PARCEL Ell
PARCEL ~, AS pER PLAT ATTACHED TO CERTIPlCATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO.
94-06, RECORDED DECEMBER 14, 1994, AS INSTRUMENT NO. 94-493~65, OFl/ICLAx. RECORDS, BEING
FURTHER DESCRIBED THERE II'! AS FOLLOWS,
A pORTION OF SECTION 12, TOWNSHIP 1 NORTH, ~~GE 5 WEST, SAN BERI'IARDINO BASE A.~D
MERIDIAN; AND SECTION 7, TOWNSHIP 1NORTH, RANGE 4 WEST, SAN BERNARDINO SASE AND
MERIDIAN, ALL IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN SERNARDINO, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF BEING DESCRIBED AS
FOLLOWS:
EEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND
AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 3772, PAGE 93, OFFIC~
RECORDS (INTERSTATE 215l, AND 'IRE NORTHERLY LINE OF THAT pARCEL OF LAND CONVEYEp TO THE
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED IN BOOK 2258. PAGE ~42,
OFFICIAL RECORDS (DEVIL CREEK CHANNELl;
THENCE 'lORTH 350 03' 36" WEST. 882.47 FEET ALONG SAID SOUTHWESTERLY LINE uF INTERSTATE
_215 TO A POIIIT TANGENT TO A CURVE CONCAVE TO THE WEST, HAVING A RADIOS 01' 5909.00 FEET,
_THROUGH A CE'lTRAL ANGLE OF 01' 15' 41", AN ARC DISTANC!l OF 129.30 FEET TO THE TRUE
POINT OF BEGINNING FOR THIS DESCRIFTION;
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22048229 - K41
Loan No:
THENCE FROM SAIP TRUE pOINT OF BEGINNING ALONG A CURvE CONCAvE TO THE WEST, HAVING A
RADIUS OF 5909.00 FEET, THROUGH A CENTRAL ANG~E OF 12' 54' 33", AN ARC PISTANCE OF
1331,35 FEET, MORE OR ~ESS. TO THE INTERSECTION OF SAID SOUTHWESTERLY LINE OF
INTERSTATE 215 AND THE CENTER LINE OF PINE AVENUE (VA~TED);
THENCE ALONG SAID CENTER LINE SOUTH 27' 50' WEST, 369.87 FEET, MORE OR LESS, TO A POINT
IN THI3 EASTERLY LINE OF THAT PARCEL OF LAND CONVOlYED TO THE SAN BERNARPINO COUNTY FLOOD
CONTROL DISTRICT BY DEED RECORDED IN BOOK 226B, PAGE 146, OFFIC~ RECORDS (CAB~E
CANYON FLOOD CONTROL CHANNEL) ;
THENCE ALONG SAID EASTERLY LINE. SOUTH 32' 20' 25" EAST, 389.61 FEET. MORE OR LESS. TO
A POINT TANGENT TO A CURVE CONCAVE TO TH/3 WEST, HAVING A RAPIUS OF 2065.00 FEET,
THROUGH A CENTRAL ANGLE OF 210 30' 33", AN ARC DISTANCE OF 770.67 FEET;
THENCE ALONG A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 640.00 FEET, THROUGH A
CENTRAL ANGLE OF 150 41' 17", AN ARC DISTANCE OF 175.24 FEET;
THENCE NORTH 230 22' 55" EAST, 240,00 FEET;
THENCE NORTH 540 56' 24" EAST, 390.11 FEET TO CLOSE ON THE TRUE POINT OF BEGINNING,
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') AMENDMENT NO.4
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582002:34689.\ 9
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AMENDMENT NO.4 TO
DISPOSITION AND DEVELOPMENT AGREEMENT
[Marvin and Lelia Jabin, assignee ofPremis Partners]
THIS AMENDMENT NO.4 is entered into this _ day of December, 2002 by and
between the Redevelopment Agency of the City of San Bernardino (the "Agency") and Marvin and
Lelia Jabin, Husband and Wife, as joint tenants (the "Developer").
WHEREAS, the Agency and Premis Partners, a California limited partnership
("Premis Partners") previously entered into that certain Disposition and Development Agreement
dated November 7, 1996 pertaining to the disposition and development of certain real property
located within the State College Redevelopment Project Area (the "Property"); and
WHEREAS, in connection with the execution ofthe above-referenced Disposition
and Development Agreement, the Agency agreed to sell the Property in order to cause the
construction thereon of an approximately 200,000 square foot warehousing and distribution facility,
as more fully described in said Disposition and Development Agreement; and
WHEREAS, the Disposition and Development Agreement was subsequently
amended by Amendment No. I on April 6, 1998, Amendment No.2 on May 3, 1999, and
Amendment No.3 on January 22, 2001 (said Disposition and Development Agreement as so
amended being hereinafter referred to as the "DDA"); and
WHEREAS, Amendment No.3 provided that the 200,000 square feet of building
improvements to be constructed on the Property could constitute either warehouse and distribution
facilities, as originally contemplated, or office facilities, research and development facilities and
general commercial and retail facilities consistent with market demand; and
WHEREAS, pursuant to that certain Assignment of Disposition and Development
Agreement dated February 7, 2001 (the "Assignment ofDDA"), Premis Partners assigned the DDA,
with the consent of the Agency, to the Developer in connection with the Developer's purchase of
the Property from Premis Partners; and
WHEREAS, the Developer now intends to sell the Property to MAPEl
CORPORATION, an Illinois corporation (the "Purchaser") and to assign to the Purchaser all of the
Developer's right, title and interest in the DDA; and
WHEREAS, the Purchaser intends to develop the Property with manufacturing,
production, industrial, warehouse and office facilities in three phases and to cause to be opened on
the Property, upon completion of construction, a project with approximately 315,000 square feet of
improvements; and
WHEREAS, the Agency desires that the Property be developed as the Purchaser
intends; and
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WHEREAS, the Agency and the Developer desire to amend the DDA to reflect the
Purchaser's intended use of the Property; and
WHEREAS, the Agency desires to consent to the assignment by the Developer to the
Purchaser of all the Developer's right, title and interest in the DDA.
NOW, THEREFORE, in consideration of the premises and such other good and
valuable consideration, receipt and sufficiency of which are acknowledged by the parties, the parties
hereto agree as follows:
Section 1. Except as hereby amended, the DDA is in all respects ratified and
confirmed and all of the terms, provisions and conditions thereof shall be and remain in full force
and effect.
Section 2. Except as otherwise provided herein, all terms not otherwise defined
in this Amendment No.4 shall have the same meanings in this Amendment No.4 as those terms are
given in the DDA.
Section 3.
Section 3.01.a. of the DDA shall be amended to read as follows:
"a. Scooe of Develooment. The Developer agrees to
develop the Property with at least three hundred thousand
(300,000) square feet of improvements in accordance with
and within the limitations established in the Scope of
Development set forth in Exhibit "B" attached hereto and
incorporated herein by reference."
Section 4.
Section 3.04 of the DDA shall be amended to read as follows:
"Section 3.04. In Lieu Tax Payments/Tax Appeals.
In addition to the provisions set forth in Section 2.16,
to the extent the Developer fails to develop the
Property in accordance with the terms and provisions
of this Agreement once it has acquired the Property
from the Agency, the Developer shall pay to the
Agency an in lieu tax payment in the amount equal to
the amount otherwise payable had the Property (land
and improvements) had an appraised valuation of
Thirty One Million Dollars ($31,000,000), at the end
of each year in which no development has occurred on
the Property. The Developer agrees that for the
duration of the Redevelopment Plan, it shall not
institute, file or participate in any property tax
assessed valuation appeals or challenges related to the
Property or any portion thereof."
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Section 5.
read as follows:
The first paragraph of Section 4.01 of the DDA shall be amended to
"Uses. The Developer covenants and agrees for itself,
its successors, its assigns and every successor in
interest to the Property, or any part thereof, that upon
completion of construction, Developer shall cause to
be opened on the Property a project with
approximately 300,000 square feet of improvements
which may include warehouse facilities,
manufacturing facilities, production facilities,
industrial facilities, distribution facilities, office
facilities, research and development facilities and
general commercial and retail facilities consistent
with market demand. Developer agrees that
development of the Property shall occur in three
phases and that, upon completion of construction of
the first phase of development, Developer shall cause
to be opened on the Property a project with
approximately 123,000 square feet. Developer further
agrees that upon completion of development of the
Property, the Project will result in the creation of at
least one hundred eighty (180) jobs."
Section 6. The second sentence of the first paragraph of Section 4.05 shall be
amended to read as follows:
"The covenants respecting uses of the Property shall
remain in effect through December 31, 2017, shall run
with the land and shall constitute equitable servitudes
thereon, and shall, without regard to technical
classification and designation, be binding for the
benefit and in favor ofthe Agency, its successors and
assigns, and the City."
Section 7. Section 5.07 shall be deleted in its entirety and Section 5.08 shall be
renumbered Section 5.07.
Section 8. Section 6.01.b shall be amended in its entirety to read as follows:
"B. In addition to the submission of notices,
demands or communications to the parties as set forth
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above, copies of all notices to any party shall also be
sent to:
(if the Developer)
MAPEl CORPORATION
1144 East Newport Center Drive
Deerfield Beach, Florida 33442
Attention: Nicholas Di Tempora, President
(with copy to)
Broad and Cassel
One North Clematis Street, Suite 500
West Palm Beach, Florida 33401
Attention: Michael R. Flam, Esq.
(if the Agency)
Redevelopment Agency of the
City of San Bernardino
201 North "E" Street, Third Floor
San Bernardino, California 92401,1507
Attention: Executive Director
(with copy to)
Lewis Brisbois Bisgaard & Smith LLP
650 East Hospitality Lane, Suite 600
San Bernardino, California 92408
Attention: Diane R. Holman, Esq."
Section 9. The first sentence of the first paragraph of Exhibit "B" (Scope of
Development) shall be replaced by the following sentences:
"The Property shall be developed with approximately
300,000 square feet of improvements, which may
include warehouse facilities, manufacturing facilities,
production facilities, industrial facilities, distribution
facilities, office facilities, research and development
facilities and general commercial and retail facilities
consistent with market demand. Said Project may
consist of one or more structures, all as described
herein and with a minimum assessed valuation upon
completion of Thirty One Million Dollars
($31,000,000)."
Section 10. (11) of Exhibit D (Schedule of Performance) shall be amended to read:
"(11) Completion of construction of
Phase I December 31,2003"
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Section 11. Section 1 of Exhibit E (Certificate of Completion) shall be amended to
read as follows:
"Section 1. The improvements required to be
constructed in accordance with that certain
Disposition and Development Agreement (the
"Agreement") by and between the Agency and MAPEl
CORPORATION, an Illinois corporation (the
"Developer") on that certain real property (the
"Property") more fully described in Exhibit "A"
attached hereto and incorporated herein by this
reference, have been completed in accordance with
the provisions of said Agreement."
Section 12. This Amendment No.4 may be executed in counterparts, each of which
shall be an original, and all of which shall constitute but one and the same instrument.
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IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment
No.4 as of the date first above written.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Executive Director
ATTEST:
Agency Secretary
APPROVED AS TO FORM AND
LEGAL CONTENT:
Agency Counsel
DEVELOPER
Marvin Jabin
Lelia Jabin
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5B200234689.1
EXHIBIT "C"
ASSIGNMENT AGREEMENT
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ASSIGNMENT OF DISPOSITION AND DEVELOPMENT AGREEMENT
THIS ASSIGNv.'3NT OF DISPOSITION AND DEVELOPMENT AGREEMENT
("Agreement") is entered into this _ day of , 2002, by and between Marvin and Lelia
Jabin, Husband and Wife, as joint tenants ("Assignor") and MAPEl CORPORATION, an Illinois
corporation ("Assignee").
WHEREAS, the Assignor acquired its right, title and interest in and to that certain
Disposition and Development Agreement dated November 7, 1996, as amended by Amendment No.
I on April 6, 1998, by Amendment No.2 on May 3, 1999, by Amendment No.3 on January 22,
2001 and by Amendment No.4 on December _' 2002 (as so amended, the "Disposition and
Development Agreement") by and between the Developer (as that term is defined in the Disposition
and Development Agreement) and the Redevelopment Agency of the City of San Bernardino (the
"Agency") and pertaining to the disposition and development of certain real property located within
the State College Redevelopment Project Area oftbe City of San Bernardino, California, which real
property is legally described in Exhibit "A" attached hereto and by this reference incorporated herein
(the "Property") pursuant to that certain Assignment of Disposition and Development Agreement
dated February 7, 2001 by and between Assignor and Premis Partners, a California limited
partnership, the initial Developer and with the consent of the Agency; and
WHEREAS, pursuant to the Disposition and Development Agreement, the Agency
agreed to sell the Property to the initial Developer for a purchase price of Eight Hundred Seven
Thousand Dollars ($807,000.00); and
WHEREAS, in order to enable the initial Developer to incur the costs associated with
flood control improvements that needed to be made to develop the Property, the Disposition and
Development Agreement provided that the purchase price be reduced by an amount equal to the
actual costs of such flood control improvements, but in no event by more than Three Hundred
Thirty-Three Thousand Five Hundred Dollars ($333,500.00); and
WHEREAS, in connection with the provisional reduction in purchase price, the initial
Developer executed and delivered to the Agency that certain Deed of Trust and Assignment of Rents
dated June 28,1999 and recorded on August 31,1999 in Official Records of the County of San
Bernardino, California, as Document No. 19990369635 (the "Deed of Trust"); and
WHEREAS, following the acquisition of the Property from the initial Developer, the
Assignor obtained a grading permit with respect to the Property and thereafter caused a dirt import
operation to be conducted on the Property and a building pad to be constructed in accordance with
the approved grading plan; and
WHEREAS, the City Engineer for the City of San Bernardino inspected the Property
following completion of the dirt import operation and construction of the building pad and made a
finding that erosion control measures had been taken to protect off-site properties from runoff
generated on the Property; and
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WHEREAS, the costs incurred by Assignor in connection with the dirt import
operation and the construction ofthe building pad exceeded Three Hundred Thirty-Three Thousand
Five Hundred Dollars (5333,500.00); and
WHEREAS, there is at this time no outstanding balance to be paid on the purchase
price of the Property; and
WHEREAS, the Agency is executing and delivering a reconveyance with respect to
the Deed of Trust; and
WHEREAS, Assignor at this time intends to sell, and Assignee intends to purchase,
the Property; and
WHEREAS, Assignor desires to assign all of its right, title and interest in and to the
Disposition and Development Agreement to Assignee; and
WHEREAS, Assignee is willing to assume the remaining duties, responsibilities and
obligations of Assignor in connection with development of the Property, as set forth in Article III
of the Disposition and Development Agreement; and
WHEREAS, Article III ofthe Disposition and Development Agreement provides that
the Developer shall construct at least three hundred thousand (300,000) square feet of improvements
on the Property; and
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. Assignor hereby assigns to Assignee all of Assignor's right, title and interest
in and to the Disposition and Development Agreement.
Section 2. Assignee hereby accepts the assignment of Assignor's right, title and interest
in and to the Disposition and Development Agreement. Assignee hereby assumes, and accepts and
agrees to perform and discharge the remaining duties, responsibilities and obligations imposed upon
the Developer under the Disposition and Development Agreement to construct at least three hundred
thousand (300,000) square feet of improvements on the Property in accordance with and within the
limitations established in the Scope of Development set forth in Exhibit "B" to the Disposition and
Development Agreement.
Section 3. This Agreement contains the entire understanding and agreement ofthe parties
with respect to its subject matter and supersedes all prior and contemporaneous agreements and
understandings.
Section 4.
This Agreement shall be governed by the laws of the State of California.
SB2002:34712.1
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Section 5. In the event that anyone or more of the sentences, clauses, paragraphs or
sections contained herein is declared invalid, void or illegal, the same shall be deemed severable
from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining
phrases, sentences, clauses, paragraphs or sections contained herein.
Section 6. This Agreement may be executed by the parties in counterparts, and when
executed by each ofthe parties, each counterpart shall be deemed to be a part of the same instrument.
SB2oo2:34712.1
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The parties hereto have caused this Agreement to be executed by their authorized
representatives as set forth below.
[SIGNATURES MUST BE NOTARIZED]
S82oo2:34712.\
ASSIGNOR
Marvin Jabin
Lelia Jabin
ASSIGNEE
MAPEl CORPORATION, an Illinois corporation
By:
Nicholas Di Tempora, President
By:
John Zimmerman, Secretary
.
PARCEL A:
THAT PORTION OF 13I.OCKS 45 AWl 46, AND THAT UNNUMBERED LOT J\DJO~NING BLOCK 46 ON TilE
WEST OF THE LANDS OF IRVINGTON LAND AND WATER CO)IlpANY, AS PER PLAT REC01<DJ;;D IN aOOK 1,
RECORDS OF SURVEY, PAGE 32, RECORDS OF SAIP COUNTY; IN BOOK 3 01' MAPS, PAG!> 9, RECORDS
OF SAID COUNTY; AND SECTIONS 12 AND 13, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO
SASE AND MERIDIAN; SECTION 18, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN aERNiAADINO BASE AND
MERIDIAN, ACCORDING TO T~ EXTENSION OF TilE LINES OF THE OFFICIAL GOVERNMENT SURVEY
EXTJ;;NDEP INTO THE MOSCUPI1Il3E RANCHO, ALL IN THE CITY OF SAA ElERNAADINO COUNTY OF SAA
BERNAADINO, STATE OF CALIFORNIA, LYING SOQTUWESTERLY OF THE SOUTHWESTERLY LINE OF THAT
CERTAIN PARCEL OF LAND, AS CONVEYED TO TilE STATE OF CALIFORNIA BY PEED RECORDED OCTOBER
25, 1955, IN aOOK 3772, PAGE 93, OFFICIAL RECORDS, AS INS'1'R.UMENT NO. 55, AS PARCEL "B",
AND NORTHERLY, NORTHEASTERLY AND EASTERLY OF TIlAT CERTAIN PARCEL OF LAND, AS CONVEYED
TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED JULY 27, 1948, IN
BOOK 2268, PAGE l46, OFFICIAL RECORDS, AND NORTHERLY AND NORTHWESTERLY OF THAT CERTAIN
pAACEL OF LAND, AS CONVEYED TO SAID SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT ay
DEED RECORDED JULY 27, 1948, I~ BOOK 226B, PAGE 142, OFFICIAL RECORDS.
TOGETHER WITJ-l THOSE PORTIONS OF OREGO.!! AVENUE, PINE AVji:NUE, i'INll AVENOE AND ORANGE
AVENUE ADJOIN~NG PORTIO~S OF THE PROPERTY HEREIN DESCRIBED, THAT WERE VACATED AND
ABANDONED BY RESOLUTION OF THE BOARD OF SOpERVISORS OF THE COUNTY OF SAN aERNARDINO,
DATED MAY 27, 1929, ON FILE IN THE SAN BERNARDINO COUNTY ROAD DEPARTMENT WHICH WOULD
PASS BY OPERATION OF LAW WITH THE LEGAL CONVEYANCE OF SAID PROFERTY'
_XCEpTING THE:REFROM ALL TIlAT pORTION THEREOF SHOWN AS PARCELS 1, 2, 3 AND 4, AS PER
PLAT ATTACHED TO CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJOSTMENT NO. 94-06, RECORDED
DECEMBER 14, 1994, AS INSTRUMENT NO. 94-493165, OFFICIAL RECORDS; REFERENCE BEING MADE
HEREIN FOR THE COMPLETE DESCRIPTION AS DESCRIBED IN SAID DOCUMENT.
PARCEL 13,
PARCEL 1, AS pER PLAT ATTACHED TO CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO.
94-06, RECORDED DECEMBER 14, 1994, AS INSTRUMENT NO. 94-493165, OFFICIAL RECORDS, BE~NG
FURTHER DESCRIBED THEREIN AS FOLLOWS:
A PORTIO.!! OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE ANP
MERIDIAN; AND SECTION 7, TOWNSHIP INORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, ALL IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNAADINO, STA'I'El OF
CALIFORNIA, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND
AS CONVEYED TO THE STATE OF CALIFORNIA BY PEED RECORPED IN BOO~ 3772, PAGE 93, OFFICIAL
RECORDS (INTERSTATE 215), AND THE NORTHERLY LINE OF THAT PARCEL OF LAND CONVEYED TO THE
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED IN BOOK 2268, PAGE 142,
OFFICIAL RECORDS (DEVIL CREE~ CHANNELl;
THEliTCE 1l0RTH 35" 03' 36" WEST, 882.47 FEET ALONG SAID SOUTHWESTERLY LIml OF INTERSTATE
~15 TO A POINT TANGENT TO A CURVE CONCAVE TO THE WEST, HAVXNG A RADIOS OF 5909.00 FEET,
~HROUGH A CENTRAL ANGLE OF 01" 15' 41", AN ARC DISTANCE OF 129.~0 FEET TO THE TRU~
POINT OF BEGINNING FOR THIS DESCRIPTION;
RFI~3TOC '-"1'2/".~
"'-'" "'~''-~'-''-
!'V.~t'..!<-+ r...=I
. Escrow No:
22048229 - KH
Loan No:
THENCE FRQM SAIP TRUE pOINT OF BEGINNING ALONG A CURvE CONCA~ TO THE WEST. HAVING A
RAPIUS OF 5909.00 FEET. THROUGH A CENTRAL ANG~E OF 120 54' 33", AN ARC PISTANCE OF
1331.35 FEET, MORE OR ~ESS. TO THE INTERSECTION OF SAlD SOUTHWESTERLY LINE OF
INTERSTATE 215 AND THE CENTER LINE OP PINE AVENUE (VACATED);
THENCE ALONG SAIP CENTER ~INE SOOTH 270 50' WEST, 369.87 FEET, MORE OR LESS, TO A POINT
IN THE EASTERLY ~INE OF THAT PARCEL OF LAND CONvEYED TO THE SAN BERNARDINO COUNTY FLOOD
CONTRO~ DISTRICT BY DEED RECORDED IN BOOK 2268. PAGE 146. OFFIC~ RECORDS (CAB~E
CANYON FLOOD CONTROL CHANNEL);
THENCE ALONG SAID EASTERLY LINE. SOUTH 320 20' 25" EAST, 389.61 PEET. MORE OR LESS. TO
A POINT TANGENT TO A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 2065.00 PEET,
THROUGH A CENTRl'J.. ANGLE OF 210 30' 33", AN ARC DISTANCE OF 770.67 FEET;
THENCE ALONG A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 640.00 FEET, THROUGH A
CENTRAL ANGLE OF 150 41' 17". AN ARC DISTANCE OF 175.24 FEET;
THENCE NORTH 230 22' 55" EAST. 240,00 FEET;
THENCE NORTH 540 56' 24" EAST, 390.11 FEET TO CLOSE ON THE TRUE POINT OF BEGINNING,
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2 CONSENT TO ASSIGNMENT
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CONSENT TO ASSIGNMENT OF
DISPOSITION AND DEVELOPMENT AGREEMENT
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the
"Agency") and Premis Partners, a California limited partnership ("Premis Partners") entered into
that certain Disposition and Development Agreement dated November 7, 1996 (the "Disposition and
Development Agreement") pertaining to the disposition and development of certain real property
located within the State College Redevelopment Project Area of the City of San Bernardino,
California (the "Property"); and
WHEREAS, the Disposition and Development Agreement was subsequently
amended by Amendment No. I on April 6, 1998, Amendment NO.2 on May 3. 1999, and
Amendment No.3 on January 22, 2001 (said Disposition and Development Agreement as so
amended being hereinafter referred to as the "DDA"); and
WHEREAS, in 2001, Premis Partners sold the Property to, and pursuant to that
cel1ain Assignment of Disposition and Development Agreement dated February 7, 200 I, assigned
all of its right, title and interest in and to the DDA to, Marvin and Lelia Jabin (herein, the
"Assignors"); and
WHEREAS, the Assignors now desire to sell the Property to MAPEL CORPORATION,
an Illinois corporation (herein, the "Assignee"); and
WHEREAS, in connection with the sale of the Property, Assignors desire to assign
all of their right, title and interest in and to the DDA to Assignee; and
'vVHEREAS, Assignee is willing to assume the duties, responsibilities and obligations
of the Assignors under the DDA, including but not limited to developing the Property as set forth
in Article III of the DDA; and
'vVHEREAS, Section 1.04 of the DDA provides that the DDA may not be assigned
without the prior written approval of the Agency; and
WHEREAS, Assignee has presented to the Agency evidence of its qualifications to
perform the duties and responsibilities and discharge the obligations imposed upon the developer
under the DDA and the Agency has approved Assignee's qualifications; and
WHEREAS, the Agency desires that the Property be developed by the Assignee.
SB~OO~:3..953.1
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NOW, THEREFORE, in consideration of the premises, the Agency hereby consents
to the assignment by the Assignor of all their right, title and interest in and to the DDA to the
Assignee.
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO
Date:
,2002
By:
Executive Director
APPROVED AS TO FORM AND
LEGAL CONTENT:
Agency Special Counsel
5B2002:34953.1
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~~(Q)~W
RESOLUTION NO.
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, AS THE
GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO, APPROVING AND
AUTHORIZING EXECUTION OF THAT CERTAIN 2002 NEW
JOB OPPORTUNITIES REDEVELOPMENT GRANT
AGREEMENT (MAPEl CORPORATION) AND THE GRANT OF
CERTAIN PROJECT GENERATED TAX INCREMENT
REVENUES IN CONNECTION THEREWITH
WHEREAS, MAPEl CORPORATION, an Illinois corporation ("Grantee") is acquiring that
10 certain real property commonly known as 5415 Industrial Parkway in the City of San Bernardino,
II California, and more specifically described in Exhibit "A" hereto and by this reference incorporated
12 herein (the "Property"); and
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WHEREAS, the Property is within the State College Redevelopment Project Area of the
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Agency (the "Project Area"); and
WHEREAS, the Property is subject to that certain Disposition and development Agreement
17 dated November 7,1996, by and between the Agency and the Grantee, as amended by Amendment No.
18 1 on April 6, 1998, by Amendment No.2 on May 3, 1999, by Amendment No.3 on January 22,2001
19 and by Amendment No.4 on December 2,2002 (said Disposition and Development Agreement as
20 amended by amendment No.1, Amendment No.2, Amendment No.3 and Amendment No.4 being
21
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hereinafter referred to as the "DDA"); and
WHEREAS, the Grantee plans to construct on the Property, in three phases, approximately
315,000 square feet of building improvements (the "Facilities") which may, pursuant to the DDA,
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25 include warehouse facilities, manufacturing facilities, production facilities, industrial facilities,
26 distribution facilities, office facilities, research and development facilities and general commercial and
. 27 retail facilities; and
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I WHEREAS, the Grantee intends to use the Facilities for the production and distribution of
2 grout, mortar, mastic and similar products; and
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WHEREAS, the operation by the Grantee of the Facilities will generate new jobs for residents
of the community (the "Economic Development Project"); and
WHEREAS, the DDA provides that the first phase of construction of the Facilities shall be
7 completed no later than December 31, 2003; and
8 WHEREAS, the Grantee has represented to the Redevelopment Agency of the City of San
9 Bernardino (the "Agency") that the Economic Development Project will commence promptly upon
10
completion of the first phase of construction of the Facilities; and
II
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WHEREAS, the Grantee has further represented to the Agency that within six (6) months of
commencement of the Economic Development Project, at least sixty (60) new jobs or positions (the
13
14 "New Job Opportunities") will be created on the Property; and
15 WHEREAS, the Grantee has further represented to the Agency that the New Job Opportunities
16 will continue in existence on the Property until June 30, 2013; and
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WHEREAS, the Grantee has represented to the Agency that it will incur substantial costs in
connection with the Economic Development Project; and
WHEREAS, the Grantee has requested assistance from the Agency in mitigation of certain of
the costs incurred by the Grantee in connection with the Economic Development Project; and
WHEREAS, the Agency is willing to provide assistance to the Grantee in mitigation of certain
of the costs incurred by the Grantee in connection with the Economic Development Project by
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and including the 2012-2013 property tax year; and
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WHEREAS, the Grantee and the Agency propose to enter into a 2002 New Job
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Opportunities Redevelopment Grant Agreement substantially in the form attached hereto as Exhibit "B"
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(the "New Job Opportunities Grant Agreement").
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, AS THE
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7 GOVERNING BODY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
8 BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
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Section I. The above recitals are true and correct.
II
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14 for the December 2,2002 regular meeting of the Commission shall include a record of all documents
Section 2. On December 2,2002, the Commission considered the New Job Opportunities Grant
Agreement at a regular, open, public meeting of the Commission. The minutes of the Agency Secretary
15 and communication submitted to the Commission by interested persons relating to the consideration
16 of the Agreement.
Section 3. The Commission hereby finds and determines that the Economic Development
Project is exempt from the provisions of the California Environmental Quality Act, as amended
("CEQA"), pursuant to Section 15061(b)(3) of the CEQA Guidelines.
Section 4. The Commission hereby approves the New Job Opportunities Grant Agreement
as submitted at the December 2, 2002, meeting. The Executive Director is hereby authorized and
directed to execute the New Job Opportunities Grant Agreement attached hereto as Exhibit "B" and by
this reference incorporated hereon on behalf of the Agency, together with such technical and
conforming changes as may be approved by the Executive Director and Agency Special Counsel. If
the New Job Opportunities Grant Agreement is not fully executed by the parties for any reason within
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1 ninety (90) days following the date of adoption ofthis Resolution, the New Job Opportunities Grant
2
Agreement shall become null and void.
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Section 5. Provided that the New Job Opportunities Grant Agreement is fully executed by
the parties within the period of time set forth in Section 4 of this Resolution, the Executive Director of
5
6 the Agency is hereby authorized and directed to take all actions set forth in the New Job Opportunities
7 Grant Agreement on behalf of the Agency.
8 1//
9 1//
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SB2002:39504.1 4
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1 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OFTHE CITY
OF SAN BERNARDINO, AS THE GOVERNING BODY OF THE REDEVELOPME1'<T
2 AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING THA T CERTAIN 2002
NEW JOB OPPORTUNITY REDEVELOPMENT GRANT AGREEMENT (MAPEl
3 CORPORATION) AND THE GRANT OF CERTAIN PROJECT GENERATED TAX
INCREMENT REVENUES IN CONNECTION THEREWITH
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Section 6.
This Resolution shall become effective immediately upon its adoption.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a meeting
7
thereof. held on the day of , 2002, by the following vote to wit:
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9 COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT
10 ESTRADA -
II LIEN -
12 McGIN1'<IS -
13 DERRY -
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15 ANDERSON
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16 MCCAMMACK
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18 Secretary
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The foregoing Resolution is hereby approved this
day of
,2002.
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Approved as to form and
25 legal conten
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JUDITH V ALLES, Chairperson
Community Development Commission
of the City of San Bernardino
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I STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
2 CITY OF SAN BERNARDINO )
3 I, Secretary of the Community Development Commission
of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of
4 Community Development Commission of the City of San Bernardino Resolution No. is a
full, true and correct copy of that now on file in this office.
5
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
6 the Community Development Commission of the City of San Bernardino this day of
2002.
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Secretary of the
Community Development Commission
of the City of San Bernardino
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I EXHIBIT" A"
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PAACltX, A:
THAT PORTION OF aLOCKS 4.5 AlI]D 46, AND TIiAT UNmlMBERED LOT .l\llJO~ING BLOCK H ON THE
WEST OF 'I'lUl I,ANDS OF IRVINGTQN IJ\NP AND WATER C~t?ANY, AS PER p~T RECORDED IN BOOK 1,
RECORDS OF SURVEY, pAGE 32, RECORDS OF SAIP COUNTY; IN BOOK 3 OF MAl'S, PAGE 9, R2CORDS
OF SAID COUNTY; NTD SEC'l':j:ONS 12 AND 13, TOWNSHIP 1 NOR'rH. RANGE 5 WEST. SAN BERNARDINO
BASE AND MERIDIAN' SECTXON lB. TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BE~AADINO aASE AND
MERIDIAN, ACCORDING TO THE J;:XTENSIOll1 OF 'I'lUl LINJ;;S OF THE OFFICIAl, GOVE:11:NMEN'l' SURVEY
EXTE:NDEP ImO THE MUSCUPIABE RANCHO, AI,L IN THE CITY OF SAN SERNARorNO cOtlNT'l OF SAN
aERNJIRDINO, STATE OF CALIFORNIA, LYING SOUT1\WES'l'SRLY OF THE SOtlTHWESTERJ:.Y LINE 01' TIiAT
CERTAIN PARCEL OF LANP. AS CONVEYED TO THE S'l'ATE OF CALIFORNIA ay PEED RECORDED OCTOBER
25, 1955, IN aOOK 3772, PAGE 93. OFFICI~ RECORDS. AS INSTRUMENT NO. 55, AS pARCEL "ap;
AND NORTHERJ:.Y, NORTHEASTERLY AND EASTERLY OF 'rHAT CERTAIN PARCEL OF LAND, AS CONVEYED
TO THE ~ aERNJIRDINO COCNTY FLOOD CONTROX. DISTRICT ay DEED RECORDED JULY 27, 1948, IN
BOOK 2268, PAGE 146, OFFIC~ RECORDS; AND NORTHERLY AND NORTHWESTERLY OF 'IW'.T CERTAIN
PARCEl, OF LAND, AS CONVEYED TO SAID ~ BERNARDINO COomY FLOOD CONTROL DISTRICT BY
DEED RECORDED JULY 27, 1948, IN aOOK 2268, pAGB 142, OFFICI~ RECORDS.
TOGETHER WITH THOSE PORTIONS OF OREGON AVENUE, pINE Av:;NUE:, 1?INS AVE:Nllil ANIl ORANGE
AVENUE ADJOINING PORTIONS OF THE PROPERTY HaREIN DESCRIllED, THAT WERE VACATED AND
ABANOOl'lED 1>'1 RESOLOT~Ol'l OF THE BOARD Ot? SUPERVISORS OF THE COONTY OF SAN BERliIARDINO,
PA'I'ED MAY 27, 1929. ON FILE IN THE SAN aERNARDINO COeNTY ROAD DEpAR~NT WHICH WOULD
PASS BY OPERATION OF LAW WITH THE LEGAL CONVEYANCE OF SAID PROPE:RTY.
AEXCEPTING TIlE;REFROM ALL THAT pORTION THEREOF SHOWN AS PARCELS 1, 2, 3 AND 4. AS PER '
""l'LAT ATTACHED TO CERTIFICATE: OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 94-06. RECORDED
DECEMBER 14, 1994, AS INSTRUMENT NO. 94-493165, OFFICI~ RECORDS, REFERENCE BEING MADE
HERE~N FOR THE COMPLETE DESCRIPTION AS DESCRIBED IN SAID DOCUMENT.
PARCEL a,
PARCEL 1, AS pER PLAT ATTACHED TO CERTIFICATE OF COMPLIANCE FOR x.OT LINE ADJUSTMENT NO.
94-06, RECORDED DECEMBER 14, 1994, AS INSTRUMENT NO. 94-493165. OFFIOrAL RECQRDS, EEING
FURTHER DESCRIBED THEREIN AS FOLLOWS.
A PORTIOli! OF SECTION 12. TOWNSHIP 1 NORTH, RANGE: 5 WEST, SAN BERNARDINO SASE AND
MERIDIAN; AND SECTION 7, TOWNSHIP INORTH, RANGE 4 WEST, SAN BERNhRDINO BASE AND
MERIDIAN, ALL IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO" STATE OF
~IFORNIA, ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF BEING DESCRIBED AS
FOLLOWS,
BEGINNING ~T THE INTERSE;CTION OF THE SOOTHWESTERLY LIl'lE OF ~T CERTAIN PARCEL OF LAND
AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOO~ 3772, PAGE 93. OFFIC~
RECORDS (INTERSTATE 215), AND THE NORTHERI,Y LINE OF THAT PARCEL OF LAND CONVEYED TO ~
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED IN BOOK 2268, P~E 142,
OFFICI~ RECORDS (DEVIL CREEK CHANNEL) ;
THENCE 1l0RTH 35" 03' 36" WEST, 882.47 FJ;;ET ~ONG SAID SOtlTHm!STERLY I,Ili!E OF INTERSTATE
215 TO A POINT TANGENT TO A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 5909.00 FEET,
A THROUGH A CEN'J'RAL ANGLE 01' 01" 15' 41", 1\N ARC DISTANCE OF 129.30 FEET TO THE; TRUE
,.., POINT OFBEQINNING FOR THIS DESCRIPTION;
RFlt'SToo ..../1'1'''*
EscrowNo: 22048229. K41 Loan No:
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THENCE PROM SAIP '!'RUE pOINT OF BEGINNING ALONG A CURvE CONCAVl3 TO THE WEST, HAVING A
RADIUS OF 5909.00 FilET, THROUGH A C~ ANG~E OF 120 54' 33", AN ARC PISTANCE OF
1331.35 FEET, MORE OR LESS. TO'I'HE INTERSECTION OF SAID SOUTHWESTERLY LINE 01'
INTERSTATE 215 AND THE CEN'l'ER LINE OP PINE AvENUE (VACATED);
THENCE ALONG SAXP CENTER LINE SOUTH 27. 50' WEST, 369.87 pEET, MORE OR LESS, TO A POINT
I:<I 'l'HE EASTERLY LINE OF 'l'RAT PARCEL OF LAND CONvEYED TO THE SAN BERNAAPINO COUNTY FLOOD
CONTROL DIS'!'RICT BY DEED RECORDED IN BOOK 2268, PAGE 146, OPFICIAL RECORDS (~LE
CANYON FLOOP CON'rROI. CHANNEL);
THENCE ALONG SAID EASTERLY LINE. SOOTH 320 20' 25" EAST, 389.61 PEET. MORE OR LESS, TO
A POINT TANGENT TO A CURvE CONCAVE TO THE WEST, HAVING A RAPIUS OF 2065.00 FE;ET,
TlIROUGH A CBNTlU\L ANGLE OF 210 30' 330, AN ARC DISTANCE OF 770.67 FEET;
THENCE ALONG A CURVE CONCAVE TO THE SOtmi, HAVING A RADIUS OF 640.00 111>ET, '+'HROUGfI A
CENTRAL, ANGLE OF ISO 41' 17", AN ARC DISTANCE OF 175.24 FEET;
THENCE NORTH 230 22' 55" EAST, 240,00 FEET;
THENCE NORTH 540 56' 240 EAST, 390.11 FEET TO CLOSE ON THE TRUE; POINT OF BEGINNING.
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EXHIBIT "B"
,
2002 NEW JOB OPPORTUNITIES REDEVELOPMENT GRANT AGREEMENT
SB2002:39504.!
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
2002
NEW JOB OPPORTUNITIES REDEVELOPMENT
GRANT AGREEMENT
(MAPEl CORPORATION)
THIS 2002 NEW JOB OPPORTUNITIES REDEVELOPMENT GRANT
AGREEMENT dated as of December _' 2002 (the "Grant Agreement") is entered into by and
between the Redevelopment Agency of the City of San Bernardino, a public body corporate and
politic (the "Agency") and MAPEl CORPORATION., an Illinois corporation (the "Grantee").
RECITALS
The Grantee is acquiring that certain real property commonly known as 5415
Industrial Parkway in the City of San Bernardino, California (the "City") and more specifically
described in Exhibit "A" attached hereto and by this reference incorporated herein (the
"Property"). The Property is subject to that certain Disposition and Development Agreement
dated November 7, 1996, by and between the Agency and Premis Partners, a California limited
partnership ("Premis Partners"), as amended by Amendment No. I on April 6, 1998, by
Amendment No.2 on May 3, 1999, by Amendment No.3 on January 22, 2001 and by
Amendment No.4 on December 2, 2002 (said Disposition and Development Agreement as
amended by Amendment No. I, Amendment No.2, Amendment No.3 and Amendment No.4
being hereinafter referred to as the "DDA"). On February 7, 2002 Premis Partners assigned,
with the consent of the Agency, the DDA to Marvin and Lelia Jabin. On December _, 2002,
Marvin and Lelia Jabin assigned, with the consent of the Agency, the DDA to the Grantee. The
Grantee will construct on the Property, in three phases, approximately 315,000 square feet of
building improvements (the "Facilities") which may, pursuant to the DDA, include warehouse
facilities, manufacturing facilities, production facilities, industrial facilities, distribution
facilities, office facilities, research and development facilities and general commercial and retail
facilities. The Grantee is constructing the Facilities for use in the production and distribution of
grout, mortar, mastic and similar products. The Property is within the State College
Redevelopment Project Area of the Agency (the "Project Area").
The DDA provides that the first phase of construction shall be completed no later
than December 31, 2003. The Grantee has represented to the Agency that upon completion of
construction of the Facilities, it will commence hiring and retaining persons to fill the new jobs'
or positions that have been created on the Property (the "New Job Opportunities") and that,
within six (6) months of the completion of construction of the Facilities, at least sixty (60) New
Job Opportunities will have been created on the Property (the "Economic Development
S82002:39225.1
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Project"). The Grantee further represents that the New Job Opportunities will continue in
existence on the Property until June 30, 2013.
The Grantee for itself and its successors and assigns, and the Agency for itself
and its successors and assigns, have entered into this Grant Agreement in order to implement
redevelopment of the Property for commercial, industrial and other uses as set forth above, for
the economic revitalization of the area of the City in which the Property is located.
NOW THEREFORE IN CONSIDERATION OF THE PREMISES AND THE
MUTUAL COVENANTS OF THE PARTIES SET FORTH HEREIN, THE GRANTEE FOR
ITSELF AND ITS SUCCESSORS AND ASSIGNS, AND THE AGENCY FOR ITSELF AND
ITS SUCCESSORS AND ASSIGNS, AGREE:
Section 1. Defined Terms. The matters set forth in the Recitals of this Grant
Agreement are true and correct and are material elements to the formation of this Grant
Agreement. In addition to the definitions of certain terms set forth in the Recitals of this Grant
Agreement other words and phrases represented below are used in this Grant Agreement as
defined terms:
(a) The term ."Economic Development Project" as used in this Grant Agreement,
shall mean and refer to the creation and maintenance on the Property of at least
sixty (60) New Job Opportunities.
(b)
The term "Agency Grant" shall mean and refer to the New Job Opportunities
creation grant in the amount of Six Hundred Thousand Dollars ($600,000.00)
which shall be payable from the future Project Generated Tax Increment
Revenues generated by the construction of the Facilities on the Property in the
manner as provided hereinafter and subj ect to increases in said amount as
provided in Section 4( c) hereof.
(c) The term "New Job Opportunities" shall refer to an aggregate number of not less
than sixty (60) new employment positions to be created on the Property upon the
completion of the first phase of construction of the Facilities and thereafter
maintained for a period oftime set forth in Section 5 of this Grant Agreement.
(d) The term "New Employment Position" shall refer to the hourly wage employment
position work description of each of the employees whose work position at the
Property is eligible to be included among the New Job Opportunities for the
purpose of satisfying the New Job Opportunities covenant of the Grantee set forth
in Section 5 of this Grant Agreement. An employee is eligible to be included as
holding a New Employment Position provided that each of the following
conditions are satisfied:
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(i)
the employee is paid an hourly wage of at least Ten Dollars ($10.00) per
hour;
(ii) the employee is assigned to work (or is eligible to work) at least One
Thousand Seven Hundred (1,700) hours per year; and
(iii) the employee is based at the Property.
(e)
The term "Project Generated Tax Increment Revenues" shall mean with respect to
those real estate property taxes paid by the Grantee to the County of San
Bernardino (the "County") for each property tax year commencing with the 2003-
04 property tax year through and including the 2012-13 property tax year, an
amount equal to thirty percent (30%) of the property taxes actually paid by the
Grantee on the assessed valuation of the Property after the Agency has subtracted
an annual base assessed value amount equal to $6,200,000 ("Base Valuation");
the property taxes that would have been paid on such Base Valuation shall be
deemed to be in effect for the 2002-03 tax year as the current year assessed
valuation for the Property pursuant to the DDA, and such Base Valuation amount
shall be increased each year by the annual inflationary factor applied by the
County in each tax year, not to exceed two percent (2%) per year or such other
amount as may be as authorized by the State Constitution, commencing as of the
2003-04 tax year.
Section 2. Term of Grant Agreement. This Grant Agreement shall take effect
following its approval by the Agency and execution by the parties and shall continue in effect
through and including September 30,2013.
Section 3. Consistencv With The Redevelopment Plan. The Agency finds
and determines that both the use of the Facilities intended by the Grantee and the Economic
Development Project, as set forth in this Grant Agreement, are consistent with the
Redevelopment Plan for the Project Area.
Section 4.
Covenant ofthe Agencv to Pav the Agencv Grant to the Grantee.
(a) So long as the Grantee is not in default under this Grant Agreement, as set forth in
Section 8(a) hereof, the Agency shall remit to the Grantee on or before August 15 of each year
commencing on August 15, 2004, that portion of the Project Generated Tax Increment Revenues
attributable to the real property taxes actually paid by the Grantee for the immediately preceding
tax year to the County as payment of the property taxes assessed by the County on the Property
of the Grantee. The Agency shall have no responsibility for the payment of any amounts
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hereunder for any tax year during which the Grantee has not paid the property taxes to the
County and has not complied with the certification requirements as hereinafter set forth.
(b) On or before July 15 of each year commencing on July 15, 2004, the Grantee
shall submit to the Agency a "Written Request For Payment" together with a "Certification of
Corporate Officer" as to the amount and date of payment of all property taxes as paid by the
Grantee with respect to the Property for the immediately preceding tax year. The Grantee shall
include as attachments to the Written Request For Payment and Certification of Corporate
Officer copies of the following items: (i) all tax bills received from the County, including
supplemental tax bills, for which payment was made by the Grantee, (ii) cancelled checks of the
Grantee payable to the County showing that payments were made by the Grantee to the County
of the appropriate tax bills, (iii) a statement from a corporate officer of the Grantee adequately
demonstrating compliance with the requirement for the New Employment Position covenant
under this Agreement as applicable for the tax year for which payment of the Project Generated
Tax Increment Revenues is then being sought. The obligations under item (iii) of the
immediately preceding sentence shall be in addition to the obligations of the Grantee to submit
the Compliance Verification as otherwise required pursuant to this Agreement.
(c) In the event that the full amount of the Agency Grant has been paid to the Grantee
on or prior to August 15,2013, and provided that the Grantee continues to satisfY the covenants
for the creation and maintenance of the New Job Opportunities, the Project Generated Tax
Increment Revenues may continue to be paid to the Grantee in excess of the Agency Grant
amount but for a term not to exceed the property taxes paid by the Grantee through and including
the 2012-13 tax year. Such additional payments to the Grantee shall be in consideration of the
Grantee having produced additional tax increment revenues to the Agency and for the Grantee
having continued to maintain the New Job Opportunities for the benefit of the Agency.
(d) At the time the Agency is scheduled to make the final payment to the Grantee on
or before August 15,2013 with respect to the property taxes paid by the Grantee for the 2012-13
tax year, the Grantee shall submit a certified statement to the effect that (i) there are no currently
pending assessment appeals on file with the County that would have the effect of reducing the
property taxes as paid by the Grantee for any prior tax year, and (ii) in the event the Grantee
subsequent to August 15, 2013, receives any reduction in property taxes for any property tax
year under this Agreement, the Grantee shall reimburse to the Agency all amounts that are then
calculated to have been an overpayment by the Agency of the Project Generated Tax Increment
Revenues that results from any such subsequently granted assessment appeal.
(e) In the event that the entire amount of the Agency Grant has not been paid to the
Grantee on or before the termination date of this Agreement as a result of the assessed valuation
of the Property, and the property taxes paid thereon, being insufficient to allow the Agency to
remit the entire principal amount of the Agency Grant during the ierm of this Agreement, the
Agency shall have no further liability or other financial obligation to remit to the Grantee the
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shortfall amounts after the termination date of this Agreement. Under such circumstances, the
remaining unpaid portion of the Agency Grant shall be deemed to have been forgiven by the
Grantee for the benefit of the Agency and no further payments shall be remitted by the Agency
pursuant to this Agreement or otherwise.
Section 5. Covenant of the Grantee to Create and Maintain New Job
Oooortunities on the Prooerty.
(a) Subject to the terms of this Grant Agreement, the Grantee hereby covenants and
agrees to create and thereafter maintain the New Job Opportunities on the Property as follows:
(i) by June 30, 2004, at least an aggregate of sixty (60) New Employment
Positions shall be created on the Property;
(ii) on each of June 30, 2005, June 30, 2006, June 30, 2007, June 30, 2008,
June 30, 2009, June 30, 2010, June 30, 2011, June 30, 2012 and June 30,
2013, there shall be a total of at least sixty (60) New Employment
Positions on the Property.
(b) On June 30, 2004, and thereafter on June 30 of each of the next four following
years, the Grantee shall file a written verification (the "Compliance Verification") with the
Executive Director in which the Grantee reports its compliance with the New Job Opportunities
creation and/or maintenance covenant set forth in Section 5(a). The annual Compliance Report
shall certify the number of persons in New Job Opportunities and include appropriately detailed
payroll accounting information relating to the total hourly wage compensation amoun~s paid to
such persons, the total number of hours worked by such persons and the total number of persons
who were recruited, hired or released from employment for a New Employment Position. The
annual Compliance Report need not identify any employee by name or by specific job
description nor by new hire date, and the payroll accounting information may aggregate the
hours worked and wages paid to all persons claimed by the Grantee to hold New Job
Opportunities on the Property.
(c) In the event that on June 30, 2013, the Compliance Verification indicates that
there have been fewer than sixty (60) New Job Opportunities on the Property during the
preceding year, then in such event the Grantee shall reimburse the Agency the following sum:
$10,000.00 for each New Employment Position less than a total of sixty (60) New
Job Opportunities on the Property as of such reporting date.
The Grantee shall reimburse the Agency any such sum as may be payable pursuant to this
Section 5(c) within thirty (30) days of written demand by the Agency.
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(d) The Grantee agrees to allow the Agency or its agents upon prior written notice at
reasonabl.e times to inspect the payroll accounting records on which the Grantee relies for the
verification of the New Job Opportunities provided to the Agency in each annual report. The
Agency shall reimburse the Grantee the reasonable hourly cost of making a payroll clerk or
accountant under the direction or control of the Grantee available to assist the Agency in
inspecting such payroll accounting records.
Section 6. Covenant Against Unlawful Discrimination. The terms and
provisions of Health and Safety Code Section 33436 which prohibit various types of unlawful
discrimination are hereby incorporated into this Grant Agreement by this reference.
Section 7. Maintenance of Condition of the Prooerty. Subject to the
satisfaction of the conditions of Section 2, the Grantee for itself, its successors and assigns
hereby covenants and agrees that:
(a) The areas of the Property which are subject to public view (including all existing
improvements, paving, walkways, landscaping, exterior signage and ornamentation) shall be
maintained in good repair and a neat, clean and orderly condition, ordinary wear and tear
excepted. In the event that at any time within ten (IO) years following the date of approval of
this Grant Agreement by motion or resolution of the Agency, as applicable, there is an
occurrence of an adverse condition on any area of the Property which is subject to public view in
contravention of the general maintenance standard described above (a "Maintenance
Deficiency"), then the Agency shall notifY the Grantee in writing ofthe Maintenance Deficiency
and give the Grantee thirty (30) days from receipt of such notice to cure the Maintenance
Deficiency as identified in the notice. In the event the Grantee fails to cure or commence to cure
the Maintenance Deficiency within the time allowed, the Agency may conduct a public hearing
following transmittal of written notice thereof to the Grantee ten (I 0) days prior to the scheduled
date of such public hearing in order to verify whether a Maintenance Deficiency exists and
whether the Grantee has failed to comply with the provision of this Section 7(a). If upon the
conclusion of a public hearing, the Agency makes a finding that a Maintenance Deficiency exists
and that there appears to be non-compliance with the general maintenance standard, described
above, thereafter the Agency shall have the right to enter the Property and perform all acts
necessary to cure the Maintenance Deficiency, or to take other action at law or equity the
Agency may then have to accomplish the abatement of the Maintenance Deficiency. Any sum
expended by the Agency for the abatement of a Maintenance Deficiency on the Property
authorized by this Section 7(a) shall become a lien on the Property. If the amount of the lien is
not paid within thirty (30) days after written demand for payment by the Agency to the Grantee,
the Agency shall have the right to enforce the lien in the manner as provided in Section 7(c).
(b) Graffiti as this term is defined in Government Code Section 38772, which has
been applied to any exterior surface of a structure or improvement on the Property which is
visible from any public right-of-way adjacent or contiguous to the Property, shall be removed by
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the Grantee by either painting over the evidence of such vandalism with a paint which has been
color-matched to the surface on which the paint is applied, or graffiti may be removed with
solvents, detergents or water as appropriate. In the event that such graffiti may become visible
from an adjacent or contiguous public right-of-way but is not removed within 72 hours following
the time of such application, the Agency shall have the right to enter the Property and remove
the graffiti without notice to the Grantee. Any sum expended by the Agency for the removal of
such graffiti from the Property authorized by this Section 7(b) in an amount not to exceed
$250.00 per entry by the Agency, shall become a lien on the Property. If the amount of the lien
is not paid within thirty (30) days after written demand for payment by the Agency to the
Grantee, the Agency shall have the right to enforce its lien in the manner as provided in Section
7(c).
(c) The parties hereto further mutually understand and agree that the rights conferred
upon the Agency under this Section 7 expressly include the power to establish and enforce a lien
or other encumbrance against the Property, or any portion thereof, in the manner provided under
Civil Code Sections 2924, 2924b and 2924c in an amount reasonably necessary to restore the
Property to the maintenance standard required under Section 7(a) or Section 7(b), including
attorneys' fees and costs of the Agency associated with the abatement of the Maintenance
Deficiency or removal of graffiti and the collection of the costs of the Agency in connection with
such action. The provisions of this Section 7, shall be a covenant running with the land for the
term as provided in Section 9 and shall be enforceable by the Agency. Nothing in the foregoing
provisions of this Section 7 shall be deemed to preclude the Grantee from making any alteration,
addition, demolition or other change to any structure or improvement or landscaping on the
Property, provided that such changes comply with applicable zoning and building regulations of
the City. The Notice of Agreement Relating to Real Property shall contain a reference to the
provisions of Section 7 of this Grant Agreement.
Section 8.
Defaults and Breach - General.
(a) Failure or delay by either party to perform any material term or provision of this
Grant Agreement shall constitute a default under this Grant Agreement; provided however, that
if the party who is otherwise claimed to be in default by the other party commences to cure,
correct or remedy the alleged default within thirty (30) calendar days after receipt of written
notice specifying such default and thereafter diligently completes such cure, correction or
remedy, such party shall not be deemed to be in default hereunder.
(b) In the event that a default of either party remains uncured for more than forty five
(45) calendar days following written notice, as set forth in the next succeeding paragraph, a
breach shall be deemed to have occurred. In the event of a breach, the party who is not in default
shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.
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(c) The party claiming that a default has occurred shall give written notice of default
to the party in default, specifying the alleged default. Delay in giving such notice shall not
constitute a waiver of any default nor shall it change the time of default; provided, however, the
injured party shall have no right to exercise any remedy for a default hereunder without
delivering the written default notice as specified herein.
(d) Any failure to delay by a party in asserting any of its rights and remedies as to
any default shall not operate as a waiver of any default or of any rights or remedies associated
with a default. Except with respect to rights and remedies expressly declared to be exclusive in
this Grant Agreement, the rights and remedies of the parties are cumulative and the exercise by
either party of one or more of such rights or remedies shall not preclude the exercise by it, at the
same or different times, of any other rights or remedies for the same default or any other default
by the other party.
Section 9. Covenants Running With the Land. The provisions of Section 3,
Section 4, Section 5, Section 6 and Section 7 of this Grant Agreement shall be covenants which
run with the land and the Property for throughout the term of this Grant Agreement and shall
bind the successors and assigns of the Agency and the successors and assigns of the interests of
the Grantee in the Property. This Grant Agreement is expressly declared by the parties to be for
the benefit of the Property and the area of the City surrounding the Property.
Section 10. Reoresentations and Warranties of the Grantee. The Grantee
hereby makes the following representations and warranties to the Agency and the Grantee
acknowledges that the execution of this Grant Agreement by the Agency has been made in
material reliance by the Agency on such representations and warranties:
(a) to the actual and current knowledge of the Grantee, the Grantee is a duly
organized and existing Illinois corporation. The Grantee has the legal right, power and authority
to enter into this Grant Agreement, and the Grantee has taken all requisite action and obtained all
requisite consents in connection with entering into this Grant Agreement;
(b) to the actual current knowledge of the Grantee, neither the execution of this Grant
Agreement nor the consummation of the transactions contemplated hereby shall result in a
breach of or constitute a default under any other agreement, document, instrument or other
obligation to which the Grantee is a party, or under law, statute, ordinance, rule, governmental
regulation or any writ, injunction, order or decree of any court or governmental body applicable
to the Grantee or to the Property;
(c) to the actual and current knowledge of the Grantee, the Grantee has the funds
available to it, when combined with the Agency Grant, to undertake and complete the Economic
Development Project;
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(d) the Grantee shall use commercially good faith efforts to hire residents of the City
for the creation of New Job Opportunities on the Property. Such good faith efforts shall continue
in effect during the term of the New Job Opportunities covenant under Section 5 of this Grant
Agreement. The Grantee shall consult with the Agency from time-to-time upon the reasonable
request of the Agency to formulate a reasonably acceptable program for implementing the
forgoing representation of the Grantee to use commercially good faith efforts to hire residents of
the City; provided however, that nothing in this Grant Agreement is intended to require the
Grantee to implement any New Employment Position recruitment program or engage in any
pattern or practice of New Employment Position recruitment or hiring which would violate
applicable law;
(e) the Grantee shall at its own expense secure or shall cause to be secured, any and
all permits that may be required by the City or any other governmental entity having jurisdiction
over the operation in the Facilities of the business of the Grantee.
Section II. Grantee Indemnity. The Grantee agrees to indemnify and hold the
Agency, the City and the officials, officers, attorneys, employees and agents of each of them,
harmless from and against all damages, judgments, costs, expenses and attorney's fees arising
from or related to any act or omission of the Grantee in performing its obligations hereunder.
The Agency shall give the Grantee written notice of the Occurrence of a claim, litigation or other
matters for which the Agency or the City may seek indemnity under this Section as promptly as
practicable following the Agency's knowledge of the Occurrence of such matter, and the City
and the Agency shall reasonably cooperate with the Grantee in the defense of any such claim or
matter and shall not take any action that would adversely affect the Grantee's defense of such
matter.
Section 12. Grantee Insurance. The Grantee shall furnish, or shall cause to be
furnished, to the Agency duplicate originals or appropriate certificates of comprehensive general
liability insurance in the amount of One Million Dollars ($1,000,000.00) combined single limit,
naming the Agency and the City of San Bernardino as an additional insured. Such insurance
shall cover comprehensive general liability including, but not limited to, contractual liability;
acts of subcontractors; premises-operations; explosion, collapse and underground hazards, if
applicable; broad form property damage, and personal iI1iury including libel, slander and false
arrest. In addition, the Grantee shall provide to the Agency adequate proof of worker's
compensation insurance coverage for its employees. Any and all insurance policies required
hereunder shall be obtained from insurance companies admitted in the State of California and
rated at least B+: (viii) in Best's Insurance Guide, current edition. All such insurance policies
shall provide that they may not be canceled unless the Agency receives written notice of
cancellation at least thirty (30) calendar days prior to the effective date of cancellation. Any and
all insurance obtained by the Grantee hereunder shall be primary to any and all insurance which
the Agency may otherwise carry, including self insurance, which for all purposes of this Grant
Agreement shall be separate and apart from the requirements of this Grant Agreement. Any and
S82002:39225.1
9
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all insurance required hereunder shall be maintained and kept in force throughout the term of this Grant
Agreement.
Section 13. Notice of Ae:reement Relatinl! to Real ProDerty. The parties hereby
agree and declare that the successors and assigns of each shall be bound by the terms of this Grant
Agreement. The parties shall execute and the Agency shall cause to be recorded a Notice of Agreement
Relating to Real Property substantially in the form as attached hereto as Exhibit "e" and incorporated
herein by this reference.
Section 14. Attornevs' Fees. Ifeitherparty hereto files any action or brings any
action or proceeding against the other arising out of this Grant Agreement, then the prevailing party as
determined by a court of competent jurisdiction (the "Court") shall be entitled to recover as an element
of its costs of suit and not as damages, its reasonable attorneys' fees as fixed by the Court in such action
or proceeding or in a separate action or proceeding brought to recover such attorney's fees. As used
herein, the words "attorneys' fees" in the case of the Agency, means and includes the salary and/or
hourly rates, fees, costs and expenses, allocated on an hourly basis, of the attorneys employed by the
Office of City Attorney of the City of San Bernardino in connection with any matter arising under this
Grant Agreement.
Section 15.
Lee:al Actions.
(a) In addition to any other rights orremedies, either party may institute legal action
to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other
remedy consistent with the purposes of this Agreement. Such legal actions must be instituted in the
Superior Court of the County of San Bernardino, State of California, in any other appropriate court in
that County, or in the Federal District Court in the Central District of California.
(b) The laws of the State of California shall govern the interpretation and
enforcement of this Agreement.
(c) In the event that any legal action is commenced by the Grantee against the
Agency, service of process on the Agency shall be made by personal service upon the Executi ve
Director or Chairman of the Agency, or in such other manner as may be provided by law.
Section 16. Headine:s and Attachments. The headings of each section of this Grant
Agreement are provided for purposes of reference and convenience only and do not have any meaning
which is independent of the text of the section of the Agreement to which they may generally
correspond. The following list of attached documents are part of this Grant Agreement.
Exhibit "A" - Legal Description of the Property
Exhibit "B" - Notice of Agreement Relating to Real Property
10
e
THIS 2002 PROPERTY OWNER NEW JOB OPPORTUNITIES
REDEVELOPMENT GRANT AGREEMENT is dated as of December _,2002, and this Grant
Agreement shall have no force nor effect unless it has been approved by the governing body of
the Agency and fully executed by the parties. This Grant Agreement may be executed in
counterparts on behalf ofthe parties by their authorized offices whose signatures appear below.
GRANTEE
MAPEl CORPORATION, an Illinois corporation
Date: By:
President
By:
Secretary
AGENCY
e REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
Date: By:
Executive Director
Approved As To Form
By:
Agency Counsel
SB2002:39225.\
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EXHIDIT "A"
Legal Description of the Property
SB2002:39225.1
12
e
PARCJ:;!. A:
THAT PORTION OF llLOCKS 45 AlIjD 46. AND THAT llNNUMBEREP 1.O'l' .l\PJO~ING BI.OCK 46 ON THE
WEST OF 'I'lUl I.ANDS OF IRVINGTON LAND AND WATER COl'll?ANY. AS PER pV.T RECOIlDIlD IN !lOOK 1.
RBCORDS OF SURVEY. PAGE 32, RECORDS OF SAIP COUNTY; IN BOOK 3 OF MAl?S. PAGl' 9, RECORDS
OF SAID COUNTY; AND SECTIONS 12 AND 13. TOWNSHIP 1 NORTH. RANGE 5 WEST. ~ BElmARDINO
eASE 1Il'ID MERIDIAN; SECTION 18. TOWNSHIP 1 NORTH. RANGE 4 WEST. SAN BERNo'\RDINO BASE AND
MBRIDIAl-l. ACCORD:rNG TO ~ SXTENS:rON OF TlUl I.INI>S OF THE OFFICIA:r, GOVERNMEN'l' SlJRVEY
l'XTENDED INTO THE M'"JSCOPI1\BE RANCHO. AI.L IN THE CITY OF SAN BERNAl!DINO COUNTY OF SAN
BERNARDINO. STAWE OF CALIFORNIA. LYING SOO'l'llWESTSRLY OF THE SOllTHWES'l'I!IU.Y LINE OF '!'HAT
CERTAIN PARCEL OF LAND. AS CONVEYED TO THE STATE OF CALIFORNIA BY PEED RECORDBP OCTOBER
25. 1955. IN BOOK 3772. PAGE 93. OFFICIA:r, RECORDS. AS INSTRUMENT NO. 55. AS PARCEL "B";
AND NORTHERLY, NORTHEASTERLY AND EASTERLY OF THAT CERTAIN pARCEL OF r.AND. AS CONVEYED
TO THE SAl>l BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DilEO RECORDED JULY 27, 1948. IN
BOOK 2268. PAGE 146. OFFICIAL RECORDS; AND NORTHEIU.Y AND NORTHWSSTBRLY OF 'l'H'.T CBRTAIN
PARCEL OF LAND. AS CONVEYED TO SAID SAN BERNARDINO COtm'l'Y n.OOD CONTROL DISTRICT BY
DBEO RECORDED JULY 27, 1948. IN BOOK 2268. PAGE 142. OFFICIAL RECORDS.
TOGETHER WITH THOSE PORTIONS OF OREGON AVENDE, PINE AVENDE, PINlil AVENlJIll AND ORANGE
AVENtlE .l\PJOINING PORTIO~S OF TIm PROPJ:1RTY HaRBIN DESCRIBED, THAT WERE VACATED J\ND
ABANDOIlED 13Y RESOI.mION OF THE BOARD or SOl?ERVISORS OF THE COUNTY OF SAN BERNAADINO.
PATED AAY 27. 1929, ON FILE IN THE SAN BERNARDINO COllN'I'Y ROAD DEPARTMllNT WHICH WOULD
PASS BY OPJ;:RATION OF LAW WITH THE LEGAL CONVEYANCE OP SAID PROPIlRTY.
~CEPTING TllE:REFROM Ar.I. THAT pORTION THlilREOF SHOWN AS PARCEI.S 1, 2, 3 AND 4. AS PER .
PLAT ATTACliElD TO CE:RTInCATE: OF COMPLIANCE FOR 1.O'l' LINE .l\PJOs'lMENT NO. 94-06, RECORDllD
DECEMBER 1~, t99~. AS INSTRUMENT NO. 94-493165, OFFICIAL RECORDS; REFERENCE BEING MADEl
EERBIN FOR THE CQMPI.ETE DESCRIPTION AS DESCRIBED IN SAID DOCUMENT.
PJ\Il.CEL il.
PllROllL 1, AS l?ER pLAT ATTACHED TO CllR'l'II1ICA'I'E OF COMPLIANCE: FOR 1.OT I.INE J\PJOSTMEN'1' NO.
94-06, RECORDED DECEMBER 14. t994, AS INSTRUMENT NO. 9~-493t65; OFFICIAL RECORDS. BEING
FURTHER DESCRIBED THEREIN AS FOLLOWS,
l'>. POjl.TION OF SECT:rON 12. TOWNSHIP 1 NORTH. RANGE: 5 l41!ST. SAN BllRNARDINO BASE AND
M)lRIDIAN; AND SEC'l'ION 7, TOWNSHIP 1NORTH, RANGE 4 WEiST, SAN BERNARDINO BASE AND
MERIDIAN, r.r.I. IN THE CITY OF SAN BERNARDINO. COUN'l'Y OF SAN BERNARDINO, STATE OF
CAI.IFOI<NIA, J\.CCORDING TO THE: OFFICIAL GOVERNMENT PLAT TIlEREOF BEINGDESCRIBBD AS
FOLLOWS,
BEGINNING l'>.T THE IN'I'ERSE:CTIOIl OF THE SOUTHWESTERr.Y LIIlE OF TaAT CE:RTA:r~ PARCE:L OF LAND
AS CONVEYED TO THE STJ\.TE OF CALIFORNIA BY DEED RECORDED IN BOOK 3772, PAGE: 93. OFFICIAL
RECORDS (INTERSTATE 2151. AND THE NORTHERLY LINE OF THAT PARCEI. OF LAND CONVEYEp TO THE
SAN BERNARDINO COON'I'Y FLOOD CONTROL DISTRICT BY DEED RECORDED IN BOOK 2268. PJ\.GE 1~2.
OFFICIAL RECORDS (DEVIL CREEK CHANNELl ;
TllEIleE NORTH 35" 03' 35" WEST. 882.~7 FElET ALOl'lG SAID SOlJ'I'HWl'iSTERLY I.INE OF INTERSTATE
215 TO A pOINT TANGENT TO A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 5909.00 FEET.
a THROUGH A CENTRAL ANGLE OF 01" 15' ~l". AN lIRC DISTANCE OF 129.30 FEET TO 1m: TRUE
,.., POINT OF BEGINNING FOR THIS DESCRIPTION;
PrI~STDO ''''1'21''''1<
I
I
,
tit Es~owNo:
THllNCE FROM SAIP TRUll POINT OF BEGINNING ALONG A CURvE CONCAVl3 TO THE WEST, HAVING A
RADIUS OF 5909.00 FEET, THROUGH A cENTRAL ANG~E OF 12" 54' 33", ~ ARC PISTANCE 011
1331.35 FEET, MORll OR Lass, TO'I'ID; INTERSBCTION OF SAID SOtlTllWES'I'2RLY LINE Of'
INTERSTATE 215 AND THE CaNTaR LINE OP PINE AVENUE (VACATBD);
22049229 . K41
Lean No:
THeNce ALONG SAIP CENTER LINE SOOTH 27" 50' WEST, 369.97 pEET, MORE OR LESS, TO A POINT
I/!l THE EAS'I'2RLY LINE OF THAT PARCEL OF LAND CQNVaYED TO THE SAN BERNARPINO COtIN'rY FLOOD
CONTROL DISTRICT BY DEED RECORDED IN BOOK 2268, PAGE 146, OFFIC~ RECORDS (~E
CANYON PLOOP CONTROL CHANNEL);
THENCE ALONG SAID EASTERLY LINE, SOOTH 32" 20' 25" EAST, 389.61 FEET, MORE OR LESS, TO
A POINT 'I'ANGaNT TO A CURvE CONCAvE TO THE WEST, HAVING A RAP;J:US 011 2065.00 FEET,
THROUGH A C~ ANGLE OF 21" 30' 33", AN ARC DISTANCE OF 770.67 FEET;
THENCE ALONG A CllRVE CONCAVE TO THE SOOTH, HAVING A RADIOS OF 640.00 FEET, 'rHROUGfl A
CENTRAL ANGLE OP 150 41' 17", AN ARC D;J:S'I'ANCE OF 175.24 FEET;
THllNCE NORTH 230 22' 55" EAST, 240,00 PEET;
THENCE NORTH 540 56' 24" EAST, 390.11 F)lET TO CLOSE ON THE TRUE POINT OF BEGINNING.
tit
tit
AFlNsTCO -ooIW~~
e E$trOWNo: 22048229. KH Loan No:
THl'lNCE FROM SAID TRUE: POINT OF BEGINNING ALONG A CURVE CONCAV13 TO THE WEST. HAVING A
AADtuS OF 5909.00 FEIlT, THjl.OtlGH A cEN'rRAL ANG;t.1l OF 12' 54' 33", M ARC DISTANCE OP
1331.35 FilET, MORl'l OR LESS. TO THE INTERSECTION OF SAID SOUTHWESTERLY LINE OF
INTERSTATE 215 AND THE CENTER LINE OF PINE AVENUE (VACATIlD);
THENCE ALONG SAXP CENTER LINE SOUTH 27' 50' WEST, 369.87 FEST, MORE OR LESS, TO A POINT
I~ THE EASTERLY LINE OF THAT PARCEL OF LAND CONVEYED 'IO THE SAN BERNARPlNO COtlN'rY FLOOD
CONTROL DISTRICT BY DEED RECORDED IN BOOK 2268, PAGE 146, OPFICIAL RECORDS (CAaLIl
CANYON PLOOp CONTROL CHANNEL) ;
THENCE ALOJ!;G SAID EASTERLy LINE, SOllTH 32' 20' 25" EAST, 389.61 FilET, MORE OR LESS. TO
A POlm TANGENT TO A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 2065.00 FElET,
THROUGH A CeNTRAL ANGLE OF 21" 30' 33", AN ARC DISTANCE OF 770.67 FEIlT;
THENCE ALONG A CURVE CONCAVE TO THl3 SOUTH, HAVING A Rl\IlIUS OF 640.00 F)'lET, 'n!ROUGfl A
CENTRAL ANGLE OP 15' 41' 17". AN ARC DISTANCE OF 175.24 FEET,
TlreNCE NORTH 23' 22' 55. EAST, 240.00 FEET,
THENCE NORTH 54" 56' 24. )'lAST. 390.11 FEET TO CLOSE ON THE TRUE: POINT OF BEGINNING.
e
e
RFlNSTCC .-llIl/'~/~~
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EXHIBIT "B"
Notice of Agreement Relating to Real Property
5B2002:39225.1
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
Redevelopment Agency of the
City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, California 92401
(SPACE ABOVE LINE FOR USE BY RECORDER)
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO
NOTICE OF AGREEMENT RELATING TO REAL PROPERTY
TO ALL INTERESTED PERSONS:
PLEASE TAKE NOTICE that as of the date of recordation of this Notice of Agreement
Relating to Real Property, MAPEl CORPORATION, an Illinois corporation (the "Owner") and the
Redevelopment Agency of the City of San Bernardino, a body corporate and politic (the "Agency")
have entered into an agreement entitled:
"2002 New Job Opportunities Redevelopment Grant Agreement".
This Notice of Agreement Relating to Real Property affects the property commonly known
as 5415 Industrial Parkway in the City of San Bernardino, California, and more specifically
described in the legal description attached hereto as Exhibit "A". The 2002 New Job Opportunities
Redevelopment Grant Agreement contains provisions relating to maintenance of the property, the
right of the Agency to correct maintenance deficiencies upon the failure of Owner to comply with
its maintenance obligations under the 2002 New Job Opportunities Redevelopment Grant Agreement
and the right ofthe Agency to establish and enforce a lien or other encumbrance against the Property,
or any portion thereof, in the manner provided under California Civil Code Sections 2924, 2924b
and 2924c in an amount reasonably necessary to restore the Property to the maintenance standards
required.
Interested persons may contact the Agency (Attention Executive Director) by telephone at
(909) 663-1044, during regular business hours for additional information relating to the 2002 New
Job Opportunities Redevelopment Grant Agreement.
S82002:38157.\
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This Notice of Agreement Relating to Real Property has been executed by the parties as set
forth below.
OWNER
MAPEl CORPORATION, an Illinois corporation
By:
By:
AGENCY
Redevelopment Agency of the
City of San Bernardino
Date:
By:
Executive Director
APPROVED AS TO FORM:
Agency Special Counsel
[NOTARY JURATS ATTACHED]
SB2oo2;38157.1
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P.l\.RCli:Xo A:
THl\.T PORTIO~ OF )3LQCKS "5 AlijIl 46. AND 'I'liA'I' UNNUMBERED l.OT ADJOPlING BLOCK "6 ON 'l'HE
WEST 01' 'l'liE I.ANDS OF IRVING'l'ON IJ\ND AND WATER C~l?ANY, AS PBR P~T RECOflDED Il!l' BOOK 1.
RECOfl,CS OF SURVEY. PAGE 32, RECORDS OF SAIP COON'I'Y: IN BOOK 3 OF MAPS. FAG!' 9, RECORDS
OF SAIn COUN'l'i'; AND SECTIO~S 12 AND 13. TOWNSHIP 1 NOR1'H. RAl'GE 5 WEST, ~ BERNARDINO
BASE .l\NP MERIDI~; SECTION 18, TOWNSHIP 1 NORTH. RANGE 4 WEST. SAN BE~~INO BASE AND
MERIDI~. ACCORDING 'l'O THj;: J;:XTENSION OF TlUl LINES 01' 'I'liE OFFICIAL GOVllRNMEN'l' SURVEY
J;:X'I'E:NDED INTO THE MOSCUpI.i\BE RANCHO. Mol. IN 'I'liE CITY OF SAN BERNl\ll.PJ:1iI0 COllNTY OF SAN
BgRN.IIRD:U~O, STAWE OF CAI.IFORNIA. l.YING SOUTllWESTERI.Y OF THE SOOTHWESTERr.Y LrNE OF THAT
CERTAIN PARCEL OF LAND, AS CONVEYED TO THE S'1'ATE OF CAI.IFORNIA BY PEED RECORDEP OCTOBER
25, 1955, IN BOOK 3772. PAGE 93, OFFICIAl. RECORDS, AS INS'l'R1JMENT NO. 55. AS PARCE;L "13";
AND NORTHERLY, NORTHEASTERLY AND EASTERLY OF THAT CERTAIN PARCEl. OF LAND. AS CONVEYSD
'1'0 THE SAN BERNARDINO COUN'l'Y FI.OOD CONTROl. DISTRICT BY DEED RECORDED JUI.Y 27, 1948, IN
BOOK 2268, PAGE 146. OFFICIAL RECORDS; AND NORTHERI.Y AND NORTHWESTERLY OF THJ.T CERTAIN
PARCEl, OF r..AND, AS, CONVEYED TO SAID ~ BERNARDINO COON'I'Y F~OOD CONTROL DISTflICT BY
DEED RECORDED JULY 27, 1948, IN BOOK 2268, PAGE 142, OFFICIAl. RECORDS.
TOGETHER WInl THOSE PORTIONS OF OREGON AVENOB, PINE AVENUE;. pIN;; AVENOj! .l\NP ORANGE
AVENUE ADJOINING PORTIONS OF THE PROPERTY HaREIN DESCRIBED. THAT WERE VACATED AND
ABANDONED l'lY RESOL\JT:r;ON OF THE BOARD or SUPERVISORS OF THE COUNTY OF SAN BERNARDINO.
PATED MAY 27. 1929, ON FIl.E IN THE SAN B~l\ll.DINO COUNTY ROAD DEpARTMENT WHICH WOULD
PASS BY OPERATION OF LAW WITH THE LEGAL CONVEYANCE OF SAID PROPERTY.
a. EXCEPTING THEREFROM AI.L THl\.T pORTION THEREOF SHOWN AS PARCEl.S 1, 2, 3 AND 4. AS PER .
~PLAT ATTAcaeD TO CERTIFICATE OF COMPl.IANCE FOR LOT LINE ADJUSTMENT NO. 94-06, RECORDED
DECEMBER 14, 1994, AS INSTRUMENT NO. 94-493165, OFFICIAl. RECORDS; REFERENCE EEING MAPE
~EREIN FOR THE COMPl.ETE DESCRIPTION AS DESCRIBED IN SAID DOCUMENT.
PARCEL Elt
PARCRl. 1, AS pER pLAT ATTACHED TO CERTIUlCATE OF COMPl.IANCE FOR l.OT LINE ~JOSTMENT NO.
94-06, RECORDED DECEMBER 14, 1994, AS INSTRUMENT NO. 94-493165; OPFICIAI. RECORDS, BEING
FURTHER DESCRIBED THEREIN AS FOLLOWS,
A PORTION OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 5 WEST. SAN BERNARDINO SASE AND
MERIDIAN; AND SECTION 7, TOWNSHIP 1NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, AI.L IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BSRNARDINO, STATE OF
~IFORNIA/ ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY l.INE OF TRAT CERTAIN PARCEL OF LAND
AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOO~ 3772, PAGE 93, OFFIC~
RECORDS (INTERSTATE 215), AND THE NORTWlRI.Y LINE OF THAT PARCEL OF LAND CONVEYED TO THE
SAN BERNARDINO COUNTY Fl.OOD CONTROL DISTRICT BY DEED RECORDED IN BOOK 2268. PAGE 142,
OFFICIAL RECOflDS (DEVIL CREE~ CHANNELl ;
THEIITCI'J NORTH 35. 03' 36" WES'l', 882.47 pE;E'r ALONG SAID SOllTHWl'iSTERLY l.INlil OF INTERSTATE
215 TO A POI~ TANGENT TO A CURVE CONCAVE TO THE WEST, HAVING A RADIOS OF 5909.00 FEET,
THROUGH A CENTRA!. ANGLE OF 010 15' 41", AN ARC DISTANCE OF 129.30 FE~T TO THE TRUE
POINT OF BEGINNING FOR THIS DESCRI~TION:
e
RfI~STPO '-llll/12/'Obi<
E,erowNo: 22048229. K41 Lean No:
e
THENCE PROM SAID TRUE POINT OF BEGINNING llLONG A CURvE CONCAVl> TO 'I'llE WEST, HAVING A
RADIUS OP 5909.00 FEET, THROUGH A CENlRAL ANG~E OF 12" 54' 33", AN ARC DISTANCE OF
1331.35 FEET, MORE OR LESS, TO THE INTERSECTION OF SAID SOUTHWESTERLY LINE OF
INTERSTATE 215 AND THE CBN'I'BR LINE OF PINE AvENUE (VACATED);
THENCE MONG SAID CBNTER LINE SOlJ'I'H 27" 50' WEST, 369.87 FEET, MOjl.E OR LESS, TO A POINT
IN THE EASTEIl-LY LINE OF THAT PARCEL OF LAND CONVEYED TO TIlE SAN BERNARPINO COUNTY PLooD
CONTROL DISTRICT BY DEED RECORDED IN BOOK 226B, PAGE 146, OPPIC~ RECORDS (CABLE
CANYON FLOOD CONTROL CHANNEL);
THENCB ALONG SAID BASTERLY LINE, SOOTH 32" 20' 25" BAST, 389.61 PEET, MORE OR LESS, TO
A POINT TANGEN'!' TO A CURVE CONCAVE TO THE WEST, HAVING A RAP;I:US OF 2065.00 FEiET,
THROUGH A CENTlUUt ANGLE OF 21" 30' 33", AN ARC DISTJlNCE OF 770.67 FEET;
THENCE ALONG A CURVE CONCAVE TO THE SOtl'l'H, HAVING A RADIUS OF 640.00 FJ;:ET, 'rHROUGtl A
CEN'I'llAL ANGLE OP 15" 41' .l7", AN ARC D;I:STANCE OF 175.24 lIEET;
THENCE NORTH 23" 22' 55" BAST, 240.00 PEET;
THENCE NORTH 54" 56' 24" EAST, 390.11 Pj::ET TO CLOSE ON TfIE TRUE: POINT OF BEGINNING.
e
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AFIN~ .-o'11O/'1,~
.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 6, 2002
TO:
Margaret Parker, Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution CDC/2002-37
At the Mayor and Common Council meeting of December 2, 2002, the City of San Bernardino
adopted Resolution CDC/2002-37 - Resolution approving and authorizing the Executive
Director of the Redevelopment Agency to execute Amendment No. 4 to the Disposition and
Development Agreement (Industrial Parkway Property) by and between the Redevelopment
Agency and Marvin and Lelia Jabin and consenting to an assignment of said disposition and
development agreement.
Attached is a copy of the resolution and agreement for reference. Please obtain signatures on the
original agreement and return it to the City Clerk's Office, to my attention.
If you have any questions, please do not hesitate to contact me at ex!. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of this memorandum.
DSiagntee: d :tz;: fl,;.u
~ _ Please sign and return
J ~
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 6, 2002
TO:
Margaret Parker, Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution CDC/2002-38
At the Mayor and Common Council meeting of December 2, 2002, the City of San Bernardino
adopted Resolution CDC/2002-38 - Resolution approving and authorizing that certain 2002
New Job Opportunity Redevelopment Grant Agreement (MAPEl Corporation) and the grant of
certain project generated tax increment revenues in connection therewith.
Attached is a copy of the resolution and agreement for reference. Please obtain signatures on the
original agreement and return it to the City Clerk's Office, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 90 days, or by March 3, 2003.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of this memorandum.
Signed:
/:)!:;:/1,,~
Please sign and return
Date:
"
. .
-
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 12- L--<:52-
Vote: Ayes '3-r") Nays
Change to motion to amend original documents: -
Item # _IL3L\ A Resolution #
~ Abstain ~
cOC'-JzOO2..:- 3 'I
I
Absent 1- "2.
Reso. # On Attachments: L- Contract term: -
Note on Resolution of Attachment stored separately: .::::::....-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor:
I '2:"""3--02..
Date of Mayor's Signature: I? -,,~ <...
Date ofClerklCDC Signature: \ 2--5"0?-
NulllVoid After: -
By: -
Reso. Log Updated: ~
Seal Impressed:
Date Memo/Letter Sent for Signature: i"') -b -Dd)-
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: /' Date Returned: ~-3-o':?,
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
YesL No By
Yes No L By
Yes No~ By
Yes NO-7 By
Yes No_ By
EDA
,/
MIS
Finance
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE rContract Term. etc.)
Ready to File: J1lf....-
Date: d-3-o-::>,
Revised 01/12/01
I "
.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 12.-2-<::'-2.. Item # \2348 Resolution #
Vote: Ayes ~ Nays E:r Abstain G
Change to motion to amend original documents: -
(!.Oc!2Q:Z- 32s'
I
Absent I ~ '2-
Reso. # On Attachments: -L'"
Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: I Z. -3-02..-
Date of Mayor's Signature: I 'L - +'0 L.-
Date of Clerk/CDC Signature: t 2- S- ~2.
NulINoid After: q 0 Ol+;.s, I 3- 3-Q3
By: -
Reso. Log Updated: .,/
Seal Impressed:
Date MemolLetter Sent for Signature: I) - " - o;;r
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:~ Date Returned: ;?-3-d3
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
YesL No By
Yes NoL- By
Yes No 1 By
Yes NO~ By
Yes No B
EDA
,/
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ~
Date: :;;-3-03
Revised 01/12/01