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HomeMy WebLinkAbout1982-1001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 22--100 RESOLUTION OF THE CITY OF SAP! BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF SAN BERNARDINO RELATING TO THE SALE OF EIGHTY ACRES OF STATE SURPLUS LAND. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an agreement with the State of California relating to the sale of eighty acres of State surplus land to the City, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at ary regular meeting thereof, held on the 1st day of March 1982 by the following vote, to wit: AYES: Council Members Castaneda, P.eilly, Hernandez, Botts, puiel, Hobbs of NAYS: ABSENT: None Council Member Strickler City Clerk The foregoing resolution is hereby approved this 11ell� day March Approved as to form: ty Attorney —�oC) AGREEMENT FOR THE SALE OF REAL PROPERTY THIS AGREEMENT, entered into this 1st day of January, 1982, by and between the State of California, acting by and through its Director of General Services, hereinafter referred to as "State", with the approval of the State Public Works Board, and the City of San Bernardino, herein- aftgr referred to as "City". WITNESSETH: WHEREAS, pursuant to Chapter 1318, Statutes of 1968, and Section 11011.1 of the Government Code, City desires to acquire for the purpose of providing housing for persons of low or moderate income and State desires to sell for such purposes the fee to approximately 80 acres of land in the City of San Bernardino. NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. State agrees to sell and City agrees to buy the land described on Exhibit "A", attached hereto and made a part hereof. The purchase price shall be $10,000. 2. State will convey the property to City by Quitclaim Deed upon payment by City to State of $10,000 through escrow opened by City with a title company selected by City. If said escrow has not closed by May 1, 1982, this Agreement shall automatically terminate without liability to either party. It is understood that the land is being sold by State for less than its fair market value to enable City to provide housing thereon for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, in accordance with provisions of Section 11011.1 of the Government Code. Prior to close of escrow City shall have made findings that there is a need for such housing in the City and that the land is suitable for development of such housing. Also prior to close of escrow City shall develop a plan for such housing in accordance with criteria established by the Department of Housing and Community Development, which shall include, but not be limited to, criteria respecting the financial condition of the developer, if the housing is to be developed by a private sponsor, and the cost of the project. Such plan must be approved by the Department of Housing and Community Development prior to close of escrow. If information regarding the financial condition of the developer or the cost of the project is not available prior to the close of escrow, such information may be provided after the close of escrow. The development plan may be amended by City upon written approval by the Department of Housing and Community Development. Be 4. After close of escrow City shall develop the property as housing for persons or families of low or moderate income in accordance with the plan approved by the Department of Housing and Community Development. Provided, however, that City may lease or sell the land to any non-profit corporation, housing corporation, limited dividend housing corporation, or private developer if City deter- mines a private entity is best suited to develop such housing. In the event City determines a private entity is best suited to develop such housing, it is intended that City shall sell the property at less than the fair market value to achieve a State purpose and, therefore, City shall be prohibited from selling the property to a private developer at a price which would cause the proposed project to be economically unfeasible as a development for low and moderate income families. In authorizing such private development, City shall require development in accordance with the plan approved by the Department of Housing and Community Develop- ment and shall impose such reasonable terms and conditions as will further the purposes for which the property was sold to City, including, but not limited to, requiring continued use of the property for housing for persons and families of low or moderate income for not less than 40 years. Any such lessee or purchaser shall be subject to the right of re-entry contained in State's deed to City and to limitations on profit in the operation of the property which will benefit the public and assure that the housing provided thereon is within the means of persons and families of low or moderate income. Such agreement shall be binding upon successors in interest of the original purchaser and shall inure to the benefit of, and be enforceable by State. 5. Within 24 months of the recording date of State's deed to City, development of low or moderate income housing in accordance with the plan approved by the Department of Housing and Community Development shall be commenced. The State, after consulting with the Department of Housing and Community Development, may extend this period for up to an additional 36 months. In any event devel- opment must commence within 60 months from such date of recording. The deed to City shall expressly provide that if development does not commence within the required time period. State shall have the riaht to re-enter and take possession of the property and upon such re-entry title thereto shall revert to the State of California. 6. City shall assure that the land will be continuously used for the purpose of providing low or moderate income housing and shall not permit the use of the dwelling accommodations of the project for any other purpose for not less than 40 years, except as otherwise expressly provided in this Agreement. Up to 40 percent of the housing developed on the land may be housing which is not regulated as to price, rent, or eligibility of occupants only if City demonstrates that the proceeds from the sale or rental of such housing, in an amount equal to the differ- ence between the fair market value and the actual price paid for the land, is used to reduce prices or rents on other housing units which are made available exclusively to persons and families of low and moderate income. -2- 7. In the event City does not comply with the land use requirements prescribed in this Agreement, as determined by State, other than the date for commencement of development, State may require City to pay State the difference between the $10,000 paid for the property and the fair market value of such property at the time of State's determination of non-compliance, plus 6 percent interest on such amount for the period of time the land has been held by City. If City, with the approval of State, determines that there is no longer a need for low or moderate income housing within the juris- diction of City and another valid public purpose could be achieved by utilizing the land in an alternative manner, City shall not be required to make any payment to State for the difference between purchase price and fair market value or interest charges for the period of time the land has been held by City. 8. . State will convey the subject property to City subject to such title exceptions as may be acceptable to City. In the event acceptable title cannot be provided to City, this Agreement shall terminate without liabililty to either party. 9. All escrow fees and any title insurance premiums, if title insurance is desired by City, shall be paid by City. APPROVED: STATE OF CALIFORNIA STATE PUBLIC WORKS BOARD DEPARTMENT OF GENERAL SERVICES I1Yl ' BY: : Adminiogtrative Secretary Chief Land Agent Real Estate Services Division APPROVED: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CITY OF SAN BERNARDINO BY: paja"�,,�� Deputy -Director y -3- EXHIBIT "A" PARCEL NO. 1 Those portions of Lots 3, 4, and 5, Block 51, Rancho San Bernardino as per plat thereof recorded in Book 7 of Maps, page 2, records of the County Recorder of San Bernardino County, State of California, described as follows Beginning at the intersection of the South line of Ninth Street and the West line of Lot 31, Tract No. 4268 as per plat thereof recorded in Book 58 of Maps, page 45, records of the County Recorder of said County; thence South along the West line of said Tract 4268 and along the West line of Elmwood Road, 40.00 feet wide, to the North line of Sixth Street, 82.50 feet wider thence West along the North line of said Sixth Street to a point which is 2,208.17 feet East of the intersection of the center- line of Tippecanoe Street and the Westerly prolongation of the North line of said Sixth Street, said point being the Southeast corner of that certain parcel described in the document recorded May 12, 1965, Document No. 19, in Book 6389, page 24 Official Records of said County] thence North along the East line of said parcel, a distance of 894.36 feet to the Northeast corner thereof; thence West along the North line of said parcel, a distance of 974.73 feet to the Northwest corner thereof; thence North along the West line of that certain parcel described in the Deed recorded November 22, 1923, Document No. 39 in Book 826 of Deeds, page 70, Records of said County to a point which is 905.2 feet South of the North line of said Lot 5; thence along a North line of said land, East a distance of 92.3 feet to an angle point therein; thence North along a West line of said land, a distance of 855.2 feet, more or less to the South line of said Ninth Street; thence East along the South line of said Ninth Street to the Point of Beginning. EXCEPTING THEREFROM that portion thereof lying East of the Easterly line of Parcel No. 1 (Del Rosa Avenue, 88.00 feet wide) as conveyed to the City of San Bernardino by document recorded February 11, 1975 in Book 8614, page 536, Official Records of said County. PARCEL NO. 2 Lot 8, excepting the West 470.25 feet thereof and all of Lot 9, Block 51, Rancho San Bernardino as per plat thereof recorded in Book 7 of Maps, page 2, records of the County Recorder of San Bernardino County, State of California. Excepting therefrom those portions lying within Ninth Street. ALSO EXCEPTING THEREFROM that portion lying Northerly of the following described line: Beginning at a point in the East line of said Lot 9, said point being South 00 20' 24" West (recorded South 0° 15' 20" East) thereon, a distance of 365.30 feet from the intersection of the Northerly prolon- gation of said East line with the centerline of Baseline Street, 82.50 feet wide; thence North 890 16' 16" West, a distance of 10.50 feet to the beginning of a tangent curve, concave Southeasterly and having a radius of 1575 feet; thence Southwesterly along said curve through a central angle of 210 50' 51", a distance of 600.57 feet; thence South 680 52' 53" West to the East line of the West 470.25 feet to said Lot and the Point of Termination. Page 1 of 2 EXCEPTING AND RESERVING to the State of California from Parcels 1 and 2 all mineral deposits, as defined by section 6407 of the Public Resources Code, together with the right to prospect for, mine and remove such deposits from the following described locations only: One 150' x 150' site, with ingress and egress thereto, to be located on the portion of the property on the North side of Ninth Street and one 150' x 150' site, with ingress and egress thereto to be located on the portion of the property on the South side of Ninth Street. Said sites to be located by the State so as not to interfere with reasonable development or use of the property. Page 2 of 2 FIRST AMENDMENT TO AGREEMENT FOR THE SALE OF REAL PROPERTY THIS AMENDMENT entered into this 30th day of April, 1982, by and between the STATE OF CALIFORNIA, hereinafter referred to as "State", and the CITY OF SAN BERNARDINO, hereinafter referred to as "City", with the approval of the Director of General Services. WITNESSETH: WHEREAS, the parties hereto entered into an "Agreement for the Sale of Real Property" dated January 1, 1982, and now desire to amend the term of said agreement. NOW, THEREFORE, the above referred to agreement is hereby amended to provide that the termination date shall be July 30, 1982, rather than May 1, 1982. All other provisions of said agreement shall remain in full force and effect. APPROVED: STATE PUBLIC WORKS BOARD T S F.RMAN inistrative Secret y APPROVED: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT By STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES By aa�IZ jk(�) EDWARD R. FL R Chief Land Agent Real Estate Services Division CITY OF SAN BERNARDINO I