HomeMy WebLinkAboutR07-Economic Development Agency
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Redevelopment Agency . City of San Bernardino
300 Ncrth "D" SIree~ Fourth Floor . San Bernardino, Cllifcmia 92A18
(714) 384-5081 FAX (714) 888-9413
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Steven H. Dukelt
Executive Director
MARCH 27, 1989
SIMCHOWITZ PRE-DISPOSITION AGREEMENT (E STREET)
Synopsis of Previous Commission/Council/Committee Action:
09-06-88 Resolution No. 5146 authorized and directed the execution of a
Pre-Disposition Agreement between the Redevelopment Agency of the
City of San Bernardino and Simchowitz Corporation for the
Development of a Commercial Center on "E" Street.
03-23-89 Committee recommended execution of a First Amendment to
Pre-Disposition Agreement.
(COMMUNITY DEVELOPMENT COMMISSION)
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Recommended Motion:
That the Commission authorize the execution of the attached First Amendment to
a Pre-Disposition Agreement between the Redevelopment Agency and the
Simchowitz Corporation for the development of a commercial center on the
Agency's "E" Street property.
Respe
Supporting data attached: Yes
Ward:
1
FUNDING REQUIREMENTS: None
Project:
CCS
Commission Notes:
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Agenda of:
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Item No.
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Redevelopment Agency
STAFF REPORT
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This is to recomaend a 90-day extension to the Pre-Disposition Agreement with
the Simchowitz Corporation (Developer) to allow continued negotiations
regarding the redevelopment of the Agency's "E" Street property.
BACKGROUND
On July 9, 1987, the Agency acquired the 3.89 acre former Harmon Motors site
and leased it back to Harmon Motors while they constructed their new
dealership at the Auto Plaza. Harmon Motors subsequently moved to the Auto
Plaza and on July 7, 1988, the Agency received an offer from the Simchowitz
Corporation to develop a 40,000 to 47,500 square foot retail center on the
property.
On September 6, 1988, the Commission approved a Pre-Disposition Agreement with
the Developer for the purpose of negotiating a Disposition and Development
Agreement for the site. The Agreement expires on May 3, 1989. The Developer
has negotiated with staff in good faith; however, a few final points remain to
be resolved. The Developer has requested the Agreement be extended for 90
days to allow for the completion of negotiations.
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The attached amended Agreement has been approved as to form and legal content
by Agency Counsel and has been signed by the Developer. The Redevelopment
Committee reviewed this matter on March 23, and recommended its approval.
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It is, therefore, recommended that the Commission approve the attached amended
Pre-Disposition Agreement with Simchowitz Corporation as described above.
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FIRST AMENDMENT TO PRE-DISPOSITION AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND SIMCHOWITZ
CORPORATION FOR THE DEVELOPMENT OF A COMMERCIAL CENTER ON -E"
STREET ON PROPERTY OWNED OR TO BE ACQUIRED BY THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO.
(CENTRAL CITY SOUTH PROJECT AREA)
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THIS FIRST AMENDMENT TO AGREEMENT, entered i~to effective
the
day of
, 1989, by and between the
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body
corporate and POlitic, hereinafter -Agency-, and SIMCHOWITZ
CORPORATION, a California corporation, hereinafter -Developer-.
WITNESSETH:
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WHEREAS, the parties hereto entered into that certain Pre-
disposition Agreement between the Redevelopment Agency of the
City of San Bernardino and Simchowitz Corporation for the
development of a suitable project upon the site, and
WHEREAS, the negotiations for a Disposition and Development
Agreement are continuing but have not yet been completed, and it
is anticipated that they will not be finalized prior to the
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expiration of the term of the Agreement as emended, and
WHEREAS, the parties therefore desire to extend said Agreement to
allow negotiations to be completed,
NOW, THEREFORE, the parties hereto agree as follows:
Paragraph 2 of the Agreement is hereby emended to read as
fOllOWS:
- 2. The parties therefore agree that for the period
commencing with the signature of the parties hereto,
and continuing for 270 days thereafter ('Negotiation
Period'), unless sooner terminated in accordance with
the provisions set forth hereinafter, Agency and
Developer
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FIRST AMENDMENT-SIMCHOWITZ
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shall negotiate exclusively with each other end in good
faith toward the preparation and execution of a
Disposi tion end Development Agreement ("DDA') between
the parties, for the development of the project Upon
the site.-
2.
Paragraph 3 of the Agreement is hereby amended to read
as follows:
-3. This Agreament is intended to be preliminary in
nature, and does not create and is not intended to
create eny interest in the land described. The parties
hereto agree that this Agreement is not specifically
enforceable, end that no action shall be allowed for
damages in the event of default.-
3. Except as amended herein said Agreement shall remain in
full force end effect.
IN WITNESS WHEREOF, the parties have executed this First
Amendment to Agreement effective the date end year first above
shown.
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FIRST AMENDMENT-SIMCHOWITZ
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SIMCHOWITZ CORPORATION
a California Corporation
By:
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ervyn 1 Qwitz.
President
Attorney-in-Fact
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1 J.... J t ~ tx~..lJ'-
r:(cia Green
Secretary
By:
REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
By:
Executive Director
APPROVED AS TO PROGRAM
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
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Approved as to form
and legal content:
AGENCY COUNSEL
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