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HomeMy WebLinkAboutR04-Economic Development Agency c c c \ C o DEVELOPMENT DEPARTMENT OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY REOUEST FOR COMMISSION/COUNCn. ACTION fROM: BARBARA J. UNDSEIH Acting Director SUBJECT: PRIME LINE PRODUCTS COMPANY EXPANSION - DDA DATE: November 30, 1994 SvnQP!llis of Previous Commi~,don/Coun~iIICommittee Actionfs): On July 18, 1994, the Community Development Commission authorized staff to accept a Deed in lieu of foreclosure from H.A.B. Land Development Company. On August I, 1994, the Community Development Commission conceptually approved the sale of 7.1 acres of Agency- owned property to University Service Center, Ltd., to facilitate the construction of a building to accommodate the proposed Prime Line Products expansion. Recommended Motion.s): OPEN JOINT PUBUC HEARING CLOSE JOINT PUBUC HEARING CMavor and Common Council) MOTION A: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE UTY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN DISPOSmON AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY 0 I' THE OTY OF SAN BERNARDINO AND UNIVERSITY SERVICE CENTER,LTD. (PRlMEUNEPROJECT) iG'7 Administrator (Motions continued on next page...) J.^ , Il / r~ "'/'.?( I _fil L(O..A.4. V C - ./ I :(~.5. {/ BARBARA J. LINDSETH Acting Executive Director Contact Person(s): Barbara J. Lind.ethlJohn B. HoeJer Phone: 5081 Project Area(s): Northwest Ward(s): Six (6) Supporting Data Attached: Staff Report: ~p. Summary of FimmdBl Ac;pectc;. ResoIution.lIiI. Draft DDA (on file) FUNDING REQUIREMENTS: Amount: $185.541 Source: Sale Proceed.c; Budget Authority: Reqp.ested ahove Commic;sion/Council Note.lI: BJH:DJN :primeddl.cdc:djn COMMISSION MEETING AGENDA MEETING DATE: 12/05/94 4 Agenda Item Number: c c c c 1"""\ V REQUEST FOR COMMISSION/COUNCIL ACOON RE: PRIME LINE COMPANY PRODUCfS EXPANSION - DDA November 30, 1994 Page 2 Recommended Motionis): lCommuni(y DevelQpment Commiuion} MOTION B: RESOLUflON OF THE COMMUNITY DEVELOPMENf COMMISSION OF TIlE CITY OF SAN BERNARDINO, ON BEHALF OF TIlE REDEVELOPMENf AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING A CERT AlN DlSPOSmON AND DEVELOPMENT AGREEMENf BY AND BETWEENTIlB REDEVELOPMENT AGENCY OF TIlE CITY OF SAN BERNARDINO AND UNIVERSITY SERVICE CENTER, LTD. (PRIME LINE PROJECf) MOTION C: That the Community Development Commission appmve the form of the Disposition and Development Agreement, giving slaff suthority to refute existing deal points and negotiate lerms within the not-Io-exceed limits negotiated by staff, such limits being disclosed in the staff report, and to execule the Disposition and Developmem Agreemenl subject 10 the Agency obtaining title 10 the property in question. Further, Ihat the Community Developmenl Commission approve expenditures of $161,340, authorize staff to administer change order requests up to $24,20 I (15%) due to changes in the scope of developmem and increase the budgel by $185,541. BJH:DJN :primeddl.cdc:djn COMMISSION MEETING AGENDA MEETING DATE: 12/05/94 Agenda Item Number: L( c c c o 0 DEVELOPMENT DEPARTMENT ECONOMrrCDEVELOPMENTAGENCY STAFF REPORT PRIME LINE PRODUCTS COMPANY EXPANSION. DISPOSITION AND DEVELOPMENT AGREEMENT With this report, staff seeks approval of a Disposition and Development Agreement with University Service Center, Ltd., for the development of a 100.000 s.f. warehouse and distribution facility for use by Prime Line Products. The development will be located on a newly opened section of Industrial Parkway, between the Cable Creek and Devil's Creek flood control channels, and will be the fIrst building of its type to be built in several years. Bar.Jciround In August of 1990, the Community Development COIrunission approved an Owner Participation Agreement (OP A) with H.A.B. Land Development Company which provided a loan of $2,130,000.00 for roadway and bridge construction in the Northwest and State College redevelopment project areas. The specifIc improvements to be installed were the construction of two bridges and a roadway cOllllecting Indusu'ial and Hallmark Parkways, including curbs, gutters, landscaping and underground utilities to be built to City specifIcation and on a1igmnent approved by the Director of Public Works. In August of 1992, the Community Development Commission approved an additional $300,000.00 loan in order for the project to be completed as proposed. Subsequently, in December of 1992, H.A.B. Land Development Company fIled a Notice of Completion with the County of San Bernardino, and in March of 1993, the Director of Public Works certifIed that all work completed in coooection with the bridges over the Devil's Canyon and Cable Creek Charmels, including approach roadways, was satisfactory. However, additional improvements are required to complete the tract's off-site development, including underground utilities. The principals ofH.A.B. were unable to make 10lUl payments and the Community Development Commission agreed on July 18, 1994 to accept a Deed in lieu of foreclosure in favor of the Agency and accept the land "as-is". The estimated fair market value of land in question is $2.6 million ($ I.50/s.f.). On November 27, 1994, staff completed the acceptance of the Deed and the Agency became the owner of record. Blli:DJN :primeddl.cdc:djn COMMISSION MEETING AGENDA MEETING DATE: 12/05/94 Agenda Item Number: l\ c c c o DEVELOPMENT DEPARTMENT STAFF REPORT Prime Line Products Company Relocation - DDA November 28,1994 Page -2- .- U Prime Line On August 1, 1994, the Conununity Development Commission approved deal points with Prime Line Products and University Service Center, Ltd., regarding the acquisition of land in an amount sufficeint to allow for a proposed Prime Line expansion. In particular, University and Prime Line are interested in a 7.1 acre parcel of the forty (40) acre site. Prime Line Products must consolidate its present two (2) facilities at 4985 and 4185 Hallmark Parkway into a single, larger facility. However, no buildings of sufficient size exist in the City of San Bernardino. Therefore, a new building of 100,000 s.f., expandable to 125,000 s.f., needs to be built to meet Prime Line's requirements and to retain 115 jobs within the City of San Bernardino. Prime Line Product's alternative is to relocate to an already existing building outside of the City of San Bernardino. Existing buildings are particularly attractive ill the current market because they are priced below tbe cost of producing new buildings. Prime Line, however, is willing to pay a premium to keep their present work force and move into a custom designed building tailored to their individual needs. With assistance from the Agency, the developer will be able to produce a building that meets Prime Line's needs and still remain competitive. Lot Line Adiustment The existing 40 acre site is configured in a mamler that does not allow for proper development. Of the four parcels in the tract, one has poor street frontage and another has no street frontage. The parcel without street frontage is inadequate in size to attract any development without combining the parcel with another. (See map, attached). In order to provide for adequate development, a lot line adjustment will give all four parcels good street frontage and square footage for development. TIle Prime Line parcel, Parcel 2, consisting of7.1 acres, has adequate street frontage and adequate square footage for the proposed 100,000 square foot structure. There is also enough square footage for a possible future expansion. University Service Center DDA Based on previous Commission action, the Agency will write-down the cost of the land $1.50/sJ., to $1.00/sJ. TIlis write-down results in the developer paying the Agency $309,270 for the Prinle Line parcel. Fee assistance in the not-to-exceed amount of $48,000 was also requested of the Agency and approved by the COIrunission. This results is a cash price to the developer of $261,270. BJH:DJN :primeddl.cdc:djn COMMISSION MEETING AGENDA MEETING DAlE: 12105/94 Agenda Item Number: l r \.... c c C DEVELOPMENT DEP ARTMENT STAFF REPORT Prime Line Products Company Relocation - DDA November 28,1994 Page -3- o ----------------------------------------------------------------------------------------------------------------------- In order for the Agency to deliver a developable site for Prime Line Products and serve the remaining site for future development, the Agency must install certain off-site improvements that are for the benefit of the 40 acre site. Any costs specifically relating to the 7.1 acre Prime Line parcel will be the responsibility of the developer. These off-site costs include sewer, grading, storm drain, water and fue hydrants, electrical and gas. A schedule of the Agency's off-site reinlbursements to the Developer, in the amount of $131,340, including their related engineering costs, are attached. The Agency will reimburse the developer for these costs, plus a pro-rated share of costs in excess of the $131,340. The proration is based on the fomlUla 32.9/40, in that the Agency will reimburse the Developer 32.9/40th's of the cost of the excess off-site improvement cost. Any costs for off-sites in excess of those already identified will benefit the Agency's remaining 32.9 acres of the total 40 acre tract. In addition, Agency staff anticipates incurring estimated miscellaneous costs not exceeding $30,000 for items such as title insurance, escrow, lot line adjustments, recording and taxes owed on the 40 acres. As reported in the attached Sununary RepOlt, the total cost to tlle Agency for this project is $721,030. Out-of-pocket costs, however, are much less and will be more than covered by the developer's cash payment for the land. The Agency's out-of-pocket costs are estimated to be approximately $161,340. The Developer will pay the Agency $261,270 cash for the 7.1 acres of land, which will fund the Agency's out-of-pocket cost, leaving the Agency a net of $99,930 cash as follows: Price of land after write down Less: Agency permit fee write down Cash paid by Developer Less: Reimbursement for off-sites Less: Escrow, title insurance, back taxes, lot line adjustment and misc. Net Cash to Agency $309,270 (48.000\ $261,270 (131,340) ( 30,000) $ 29,'30 It should be noted that the attached Disposition and Development Agreement is the nearly final form of the agreement. With Commission approval, staff will continue to negotiate minor changes in language, and then execute the Disposition and Development Agreement. Recommendation The expansion of Prime Line Products presents the Agency with an opportunity to "jump-start" the development of a 40 acre site with the development of a 100,000 square foot industrial Brn:DJN :primeddl.cdc:djn COMMISSION MEETING AGENDA MEETING DATE: 12/05/94 Agenda Item Number: ~ r- ,-. r '- c C DEVELOPMENT DEPARTMENT STAFF REPORT Prime Line Products Company Relocation - DDA November 28,1994 Page -4- ~ ----------------------------------------------------------------------------------------------------------------------- building. The development and completion of infrastructure improvements on the fonner H.A.B. parcel allows for more rapid development of this vacant area. The anticipated benefits to the Agency created by the Prime Line project are as follows: o Retain 115 Prime Line jobs within the City. o Provide for future growth of 40 new Prime Line jobs. . Add tax increment to the Northwest Redevelopment Project Area tax base. . Improve Redevelopment Agency cash flow. . Create opportunity to expand and add additional jobs for Cumberland-Swan. When the new facility is constructed for Prime Line Products, Cumberland-Swan, Inc., another significant industrial user located at 5015 Halhnark Parkway, will lease one of the structures at 4985 Hallmark Parkway currently leased by Prime Line Products. This will provide Cumberland- Swan with additional facilities for future expansion in San Bernardino. Staff recommends adoption of the form motion. 7 /)CLl teate, C vb-hj~ 'II; BARBARA J. LINDSETH, Acting Director Development Department BJH:DJN :primeddl.cdc:djn COMMISSION MEETING AGENDA MEETING DATE: 12/05/94 Agenda Item Number: l c o r-. \..... AGENCY REIMBURSEMENTS TO DEVELOPER All reimbursements shall be for work actually performed, and to the extent that Developer presents Agency with sufficient documentation with which Agency can verify Developer's claims. However, in no case shall Agency reimburse Developer in excess of the amounts listed below: Hard Costs Grading $ 4,900.00 Storm Drain 7,500.00 Water and Hydrants 36,600.00 Electrical 33,900.00 Gas 7.000.00 Subtotal $89,900.00 r- Soft Cosl~ \..... CAlC taxes @ 34% $14,500.00 Civil Engineering 5,500.00 Utility Engineering 9.500.00 Subtotal $29,500.00 Total hard & soft costs $119,400.0 10% contingency 11,940.00 TOTAL NOT-TO-EXCEED REIMBURSEMENT ~~~~J!9 c IJ r "- /.-.., \-,.. c o o EXHIBIT "E" PARCELS AFTER ADJUSTMENT lJ. . 11'07'38- R - 1035.00' T _ 274.14' L - 544.15' CHANNEL R/W PER DEED TO SAN BERNARDINO COUNTY nooo CONTROl. DISTRICT BK. 2268/148. ... INDUSTRIAL PKWY PER EASEMENT TO CITY OF SAN BERNARDINO INST. 0\-415443 O.R. z ~ -l~ III o' :IE 0:: I-~ l" Z~ ~ o ~ U 130' . .- .. d PARCEL 1 ......-1 ~ 635,230 S.F. .' 0.. NET ~l"\ oEJ... 1.0 ogJk /~.. -.J :.~ t. _ 15'41'17' / ... "'- tV L - 175.24' I . , N 23'22'65- E . .... V 240.00' ~ " .. R/W/ UNE PER DEED TO STATE OF CAUFORNIA BK. 3772/02 INST. NO. 55 ..oll~ , ,.,-,// '" ~'" "',(v '" '" t' ",;..st~'\ tit' 300.'" z ,"-PARCEL 2 !!: ll\ 3~70 S.F. G ~ ~ ~ ........ :IE N 4 '4' '-N 403.40' ~... . . PARCEL 3 ~ 'I (11 157,130 S.F. ~ NET lot ........ ........ ~ 0- ~ ... 769.83' 481.38' N 59'08'09' E '251.21' DEVIL CREEK FLOOD CONTROL CHANNEL CHANNEl R/W PER DEED TO SAN BERNARDINO COUNTY nooo CONTROl. DISTRICT BK. 2268/142. POINT OF BEGINNING FOR DESCRIPllONS L/ ,- "- ~ ~.'~. , \...... c c :> ~ SUMMARY REPORT OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CONCERNING THE PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND UNIVERSITY SERVICE CENTER. LTD. (HEALTH AND SAFETY CODE SECTION 33433) This Summary Report has been prepared pursuant to Health and Safety Code Section 33433 with respect to the sale of certain real property (the "Property") pursuant to a Disposition and Development Agreement (the "Agreement") by and between the Redevelopment Agency of the City of San Bernardino (the "Agency") and University Service Center, Ltd., a California limited partnership (the "Developer"). Backqround The Agency proposes to acquire certain real property generally located on Industrial Parkway, adjacent to the Interstate 215 Freeway in the City of San Bernardino. The Property is more particularly described in the Agreement. The Agency intends to sell the Property to the Developer. The Developer intends to develop the Property with the construction thereon of a 100,000 square foot industrial facility to be occupied by Prime Line Products. -1- . I c "..,."....' '- c o o Cost to the Aqencv The original and continuing costs of this Agreement to the Agency, including any land acquisition costs, clearance costs, relocation costs, costs of any improvements to be provided by the Agency, plus the expected interest on any loans or bonds to finance the Agreement are provided below: Purchase Price paid by Agency for the entire parcel. The Agency received the property through a deed in lieu of foreclosure. The principal balance of the loan with accrued interest was $2,604,820 which equates to an approximate per square foot dollar cost of $1.50. Development, Relocation Costs, Escrow and Closing costs, unpaid taxes, Etc. $208,450 The Agency will write down the City Permit fees in an amount equal to $48,000. $48,000 Total Agency costs of Parcel to be transferred subject to the Agreement $721,030 Estimated value The estimated value of the interest to be conveyed, determined at the highest uses permitted, is approximately $1.50 per square foot. -2- ( r ,..- ~ /- o o . Purchase Price The purchase price for the subject Property to be paid by Developer is $1.00 per square foot. Value of Interest Conveyed It is the Agency's belief that the fair market value of the Property to be conveyed to the Developer, at the Property's highest and best use permitted under the Redevelopment Plan, is greater than the Purchase Price to be paid by Developer. The transaction constitutes the disposition of the Property to the Developer for less than fair market value. The reason for such '-- disposition is that the development costs of the property when c added to the purchase price to be paid by the Developer would in fact exceed the fair market value of the property. In addition, the Agency's cost of the Property is significantly less than its fair market value since the Agency is obtaining the Property through a deed in lieu of foreclosure and has previously received the benefit of the development of certain infrastructure items which were previously constructed to allow a prior proposed development of the Property. The sale of the Property will assist in the elimination of blight by facilitating the development of otherwise vacant land and ensuring the continued location in the City of San Bernardino by Prime Line Products which currently employs approximately 115 -3- / I o o - " . c:: persons and anticipates expanding such employment by an additional 40 persons. Moreover, the assessed valuation in the Project Area will increase as a result of improvement of the Property. Dated: 1\-\\'-'1 i REDEVELOPMENT AGENCY OF THE CITY OF BERNARDINO SBEO\OOOl\DOC\1063 11/16/94 11:55 dg ,/"""". ~ c -4- - ~ 1 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 /'- ~ c o Item: Exhibit "A" Exhibit "B" Action to be Taken: o MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AGENDA December 5, 1994 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND UNIVERSITY SERVICE CENTER, LTD. (PRIME LINE PROJECT) Description of Property Disposition and Development Agreement Adopt Resolution. Certified copy of Resolution to be returned to Sabo & Green, A Professional Corporation. SBEO\OOOl\DOC\1075 11\21\94 11:19 jf u c 1 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 ,-- ~ I"""" '-' c o RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND UNIVERSITY SERVICE CENTER, LTD. (PRIME LINE PROJECT) WHEREAS, the City of San Bernardino, California (the "City") is a municipal corporation and a charter city duly created and existing pursuant to the Constitution and the laws of the State of California; and WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission"), on behalf of the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24) commencing with Section 33000 of the Health and Safety Code of the State of California (the "Act"); and WHEREAS, University Service Center, Ltd. (the "Developer") is a California limited partnership organized and existing by and pursuant to the laws of the State of California; and WHEREAS, the City has previously approved and adopted Redevelopment Plans for the Northwest Project Area and the State College Project Area (collectively hereinafter referred to as the "Redevelopment Plans"); and - , - q c 1 2 :I 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 ;~ '- c c o WHEREAS, the Agency is in the process of acquiring a certain parcel of land as further described on Exhibit "A" hereto (the "Property"), which is located in close proximity to both of the Project Areas subject to the Redevelopment Plans; and WHEREAS, the Developer has indicated that it desires to purchase said Property from the Agency in order to cause the development thereon of an industrial/manufacturing facility to be occupied by Prime Line Products; and WHEREAS, the City deems that the sale to and occupancy of the Property by the Developer will be of benefit to the Agency and the City by causing the generation of tax revenues and job opportunities; and WHEREAS, the City at this time deems it desirable to approve the sale of the Property by the Agency to the Developer and to enter into a certain Disposition and Development Agreement by and between the Agency and the Developer, the form of which is attached hereto as Exhibit "B" and incorporated herein by this reference which shall set forth the terms of the Agency's disposition of the Property; and WHEREAS, the Disposition and Development Agreement will provide that the Agency will assist in the Developer's acquisition of the Property by providing for certain write down assistance to cover certain development costs of the Developer, III - ? - \I - '- 1 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 - '- I c c ,;:) and to provide such other assistance all as more fully described in the Disposition and Development Agreement. NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2. The City, having held a duly noticed public hearing with the Agency in accordance with Health and Safety Code Section 33431 and 33433, hereby finds and determines that the sale of the Property to the Developer is of benefit to the Agency and the City and will also will promote redevelopment within the Project Areas of the Agency. Section 3. The City hereby approves the form of the Disposition and Development Agreement, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference. Section 4. The City hereby approves the sale of the Property by the Agency to the Developer at a purchase price equal to One Dollar ($l.OO) per square foot and the funding by the Agency of certain City Permit fees and closing costs in the amount not to exceed Seventy Eight Thousand Dollars ($78,000) and the provision of certain Agency assistance in the funding of - < - u c o C 1 required infrastructure items in an amount not to exceed One 2 Hundred Eighty Thousand Dollars ($180,000) . 3 III 4 III 5 III 6 III 7 III 8 III 9 III 10 III 11 III 12 III 13 III C 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III C 27 III 28 III II ~c ~ ,,- '-- ~ c c o 1 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 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND UNIVERSITY SERVICE CENTER, LTD. (PRIME LINE PROJECT) Section 5. The findings and determinations herein shall be final and conclusive. This Resolution shall take effect upon the date of its adoption. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting day of thereof, held on the 1994, by the following vote, to wit: Council Members AYES: NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1994. Mayor of the City of San Bernardino Approved as to form and legal content: By: ~~c&) ~ Ci Attorney SBEO\OOOl\DOC\1075 t1 1 2 3 4 5 6 7 8 9 10 11 12 13 - \...- 14 15 16 17 ~C 18 19 20 21 22 23 24 25 26 C 27 28 c -- V STATE OF CALIFORNIA COUNTY OF On before me, (here insert name and title of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ins), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) Ii o Exhibit "A" 0 c Being a portion of section 12, Township 1 North, Range 5 West, and section 7, Township 1 North, Range 4 West, and section 18, Township 1 North, Range 4 west, being described as follows. r- \- Beginning 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, Official Records (Interstate 2151, 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 Creek channelll thence N3s003'36"W 368.13 feet along said southwesterly line of Interstate 215 to the true point of beginning for this descriptionl thence from said true point of beginning N3s003' 36"W 514 .33 feet to a point tangent to a curve concave to the west, having a radius of 5909.00 feet, through a central angle of 01015'14", an arc distance of 129.30 feetl thencll IJS40S6'24"W 390.11 feetl thence 823022'Ss"W 240.00 feet to a point in a curve """CAve to the South, having a radius of 640.00 feet, through a central angle of 29015 '10", an arc distance of 326.76 feetl thence 537021' ss"E 208.98 feetl thence NS4os6'24"E 493.49 feet to close on the true point of beginning. Excepting that easement document No. 91-415442, Official Records. for street and highway purposes, recorded as on October 30, 1991, San Bernardino county c c o C 1 EXHIBIT "B" I 2 DISPOSITION AND DEVELOPMENT AGREEMENT 3 4 5 6 7 8 9 10 11 12 13 C 14 15 16 17 18 19 20 21 22 23 24 25 26 C 27 28 4 c 1 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 c c Item: Exhibit "A" Exhibit "B" Action to be Taken: c o COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA AGENDA December 5, 1994 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND UNIVERSITY SERVICE CENTER, LTD. (PRIME LINE PROJECT) Description of Property Disposition and Development Agreement Adopt Resolution. Certified copy of Resolution to be returned to Sabo & Green, A Professional Corporation. SBEO\OOOl\DOC\1076 11\16\94 11:42 jf t.J c 1 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 - , '- c c o RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND UNIVERSITY SERVICE CENTER, LTD. (PRIME LINE PROJECT) WHEREAS, the City of San Bernardino, California (the "City") is a municipal corporation and a charter city duly created and existing pursuant to the Constitution and the laws of the State of California; and WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission"), on behalf of the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24) commencing with Section 33000 of the Health and Safety Code of the State of California (the "Act"); and WHEREAS, University Service Center, Ltd. (the "Developer") is a California limited partnership organized and existing by and pursuant to the laws of the State of California; and WHEREAS, the City has previously approved and adopted Redevelopment plans for the Northwest Project Area and the State III -1 - J c 1 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 c c o o college Project Area (hereinafter collectively referred to as the "Redevelopment Plans"); and WHEREAS, the Agency is in the process of acquiring a certain parcel of land as further described on Exhibit "A" hereto (the "Property"), which is located in close proximity to both of the Project Areas subject to the Redevelopment Plans; and WHEREAS, the Developer has indicated that it desires to purchase said Property from the Agency in order to cause the development thereon of an industrial/manufacturing facility to be occupied by Prime Line Products.; and WHEREAS, the Agency deems that the sale to and occupancy of the Property by the Developer will be of benefit to the Agency and the City by causing the generation of tax revenues and job opportunities; and WHEREAS, the Agency at this time deems it desirable to approve the sale of the Property and to enter into a certain Disposition and Development Agreement by and between the Agency and the Developer, the form of which is attached hereto as Exhibit "B" and incorporated herein by this reference which shall set forth the terms of the Agency's disposition of the Property; and WHEREAS, the Disposition and Development Agreement will provide that the Agency will assist in the Developer's -2- J c 1 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 c c - o o acquisition of the Property by providing for certain write down assistance to cover certain development costs of the Developer, and to provide such other assistance all as more fully described in the Disposition and Development Agreement. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are incorporated herein by this reference. Section 2. The Agency, having held a duly noticed public hearing within the City in accordance with Health and Safety Code Section 33431 and 33433, hereby finds and determines that the sale of the Property to the Developer is of benefit to the Agency and the City and will also will promote redevelopment within the Project Areas of the Agency. Section 3. The Agency hereby approves the form of the Disposition and Development Agreement, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference. Section 4. The Agency hereby approves the sale of the Property to the Developer at a purchase price equal to $1.00 per square foot and further approves the funding of certain City -3- u c 1 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 c c -- c o permit fees and closing costs in the amount not to exceed Seventy Eight Thousand Dollars ($78,000) a~d the provision of certain Agency assistance in the funding of the required infrastructure items in an amount not to exceed One Hundred Eighty Thousand Dollars ($180,000). Section 5. The Agency hereby authorizes the Chairman or the Executive Director of the Agency, and Secretary to execute a Disposition and Development Agreement in substantially the form of Exhibit B, on behalf of the Agency with any such changes as may be approved by the Executive Director of the Agency and Agency Counsel. III III III III III III III III III III III III III III III III . o -- c 1 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 c ~c o o RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BgRNARDINO AND UNIVERSITY SERVICE CENTER, LTD. (PRIME LINE PROJECT) ~ Section 6. The findings and determinations herein shall be final and conclusive. This Resolution shall take effect upon the date of its adoption. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the day of 1994, by the following vote, to wit: Commission Members: ABSENT ABSTAIN AYES NAYS NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER Secretary day of The foregoing resolution is hereby approved this , 1994. Tom Minor, Chairman Community Development Commission of the City of San Bernardino By: SBEO\OOOl\DOC\1076 Il 1 2 3 4 5 6 7 8 9 10 11 12 13 C 14 15 16 c 17 18 19 20 21 22 23 24 25 ~ 26 C 27 28 c o STATE OF CALIFORNIA COUNTY OF On before me, (here insert name and title of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) II o Exhibit "A H 0 c Being a portion of section 12, Township 1 North, Range 5 West, and section 7, Township 1 North, Range 4 West, and section 18, Township 1 North, Range 4 West, being described as follows. c Beginning 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, 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 Creek Channel); thence N35003'36"W 368.13 feet along said southwesterly line of Interstate 215 to the true point of beginning for this description; thence from said true point of beginning N35003'36"W 514.33 feet to a point tangent to a curve concave to the west, having a radius of 5909.00 feet, through a central angle of 01015'14", an arc distance of 129.30 feet; thence 1154056'24"W 390.11 feet~ thence 823022'55"" 240.00 f..t to a point in II. ourVD f:onoaVD to the south, having a radius of 640.00 feet; through a central angle of 29015'10", an arc distance of 326.76 feet; thence S37021'55"E 208.98 feet; thence N54056'24"E 493.49 feet to close on the true point of beginning. Excepting that easement document No. 91-415442, Official Records. for street and highway purposes, recorded as on october 30, 1991, San Bernardino county c o o C 1 EXHIBIT "B" 2 DISPOSITION AND DEVELOPMENT AGREEMENT 3 4 5 6 7 8 9 10 11 12 13 C 14 15 16 17 18 19 20 21 22 23 24 25 26 C 27 28 i l