HomeMy WebLinkAboutR04-Redevelopment Agency
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Redevelopment Agency . City of San Bernardino
300 North "D" Stree~ Pounh F100r . Sill BemordiDo, Califamia 92418
(714) 384-5081 FAX (714) 888-9413
Ste_ H. Dukelt
Execulive DiJector
JUNE 27, 1989
MILES HOUSE RENOVATION
Synopsis of Previous Commission/Council/Committee Action:
10/27/88 Committee recommend purchase of the parking lot
adjacent to the Heritage House from the Economic
Development Council (EDC)
11/7/88 Commission authorized purchase of the parking lot from
the EDC.
3/9/89 Committee recommended execution of an Exclusive Right
to negotiate with Mr. Jim Rock.
3/20/89 The Commission authorized the execution of an Exclusive
Right to negotiate with Mr. Jim Rock.
6/5/89 Mayor and Common Council/Commission continued this item
to June 19, 1989.
(continued on page 2)
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Recommended Motion:
(MAYOR AND COMMON COUNCIL)
(COMMUNITY DEVELOPMENT COMMISSION)
OPEN JOINT PUBLIC HEARING.
A) That the Joint Public Hearing be closed; that further
reading of the following resolutions be waived.
(continued on page 3)
Supporting data attached:
YES
Ward:
1st
FUNDING REQUIREMENTS:
Project:
CCN
Commission Notes:
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Agenda OfiLJuly 3, 1989
Item NO'4-
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Redevelopment Agency
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SvnoDsis of Previous Commission/Council/Committee Action:
c::; (continued from page 1)
6/8/89
6/14/89
6/22/89
Committee reviewed this item and recommended approval.
Mayor and Common Council set a joint public hearing
for 11:00 a.m. on July 5, 1989.
Committee recommended approval of a Disposition and
Development Agreement and that the Council designate
the Miles House as a qualified historical building.
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(MAYOR AND COMMON COUNCIL)
(continued from page 1)
B) Move to adopt a RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO APPROVING THE CONVEYANCE
BY MEANS OF SALE OF CERTAIN REAL PROPERTY PURSUANT TO
A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND ROCK ENTERPRISES.
C) Move that the Miles House located at 439 West 8th Street is
a qualified historical structure pursuant to Section 18955
of the State Historical Building Code and that the house is
deemed of importance to the history, architecture and
culture of the area.
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(COMMUNITY DEVELOPMENT COMMISSION)
D) Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE
CONVEYANCE BY MEANS OF SALE OF CERTAIN REAL PROPERTY
PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AND ROCK ENTERPRISES
E) Move to authorize the execution of a Disposition and
Development Agreement with Rock Enterprises for the sale of
Agency owned property in the Central City North Project Area.
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S T A F F R E P 0 R T
It is requested that the Commission authorize and the Council
approve execution of a Disposition and Development Agreement
between Rock Enterprises and the Agency and that the Council
designate the Miles House as a qualified historical building of
importance.
BACKGROUND
On March 20, 1989, the Commission authorized the execution of a
120-day Agreement to Negotiate Exclusively (ANE) with Jim Rock
of Rock Enterprises (Developer) for the purpose of negotiating a
Disposition and Development Agreement (DDA). The purpose of the
DDA is to allow for the relocation and restoration of the Miles
House, the last two story Queen Anne style Victorian house
remaining in San Bernardino, onto Agency-owned property
immediately adjacent to and south of the San Bernardino
Historical Society's property located at the southwest corner of
8th and "D" Street. The Miles House is currently located
immediately adjacent to and west of the Historical Society's
property.
PROPOSED AGREEMENT
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As a result of these negotiations, the Developer has executed
the attached DDA which contains the following basic provisions:
* The Agency will grant a license to the Developer to allow
the Miles House to be moved;
* If the house is destroyed or unable to be moved, the DDA and
license to move will terminate;
* The Agency will retire the existing loan on the Agency-owned
property in question and convey it to the Developer when the
Developer has:
1. Provided proof of insurance;
2. Has physically relocated the house; and
3. Provided a recordable license agreement, facade
easement, note and deed of trust;
* The Developer will grant the Agency a facade easement on the
Miles House;
* The Agency will make a deferred purchase money loan and take
back a deed of trust for $140,000 at 12% interest for ten
years. Unless the house is destroyed and the developer does
not rebuild or the Facade Easement is violated, at the end
of five (5) years, $64,000 of the loan will be forgiven and
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at the end of ten (10) years the Agency will forgive the
balance of the loan and reconvey the deed of trust;
* The Developer aust complete the moving and rehabilitation of
the house, no later than July 1, 1990;
* The Agency will reimburse the Developer the cost of building
and development fees; and
* The Agency will retain an easement for one-half (a ainiaum
of fourteen (14)) of the parking spaces which will be used
to provide parking for the Heritage House (through License
or Lease).
In accordance with section 33433 of the California Health and
Safety Code, the Agency's economic consultants, Keyser Marston
Associates, Inc., have reviewed the Developer's proposal and
have concluded that the reuse land value, given the costs to
aove and restore the house, is negligible. They have also
determined that the estimated value of the interest to be
conveyed, based upon the highest and best use allowed by the
Central City North Redevelopaent Plan, to be $80,000.
For your information, the basic economic terms of the proposed
DDA are summarized as follows:
ResDonsible Party
Approximate
Amount
1. DeveloDer
a.
Relocation and renovation of
The Miles House
$216,000
2. AlIencl'
a.
Land acquisition
$ 83,000
b.
Reiabursement of development
and building fees
10.000
TOTAL
$309,000
Recommendation
The DDA has been approved as to form and legal content by Agency
and Special Council and executed by Rock Enterprises. It is,
therefore, requested that, subsequent to a public hearing, the
Commission authorize and the Council approve the execution of
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the DDA with Rock Enterprises and that the Comaission authorize
the Executive Director to take all appropriate and necessary
steps to implement the Agreement on behalf of the Agency. It is
also recoamended that the Council designate pursuant to Section
18955 of the State Historical Building Code, the Miles House as
a qualified historical building of importance to the history,
architecture or culture of the City of San Bernardino.
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO APPROVING THE CONVEYANCE BY MEANS OF SALE
OF CERTAIN REAL PROPERTY PURSUANT TO A DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO AND ROCK ENTERPRISES.
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5 WHEREAS, the Community Development Commission of the City
6 of San Bernardino (the "Agency") is authorized to conduct
7 redevelopment activities within the Central City North
8 Redevelopment Project Area (the "Project Area"), which activities
9 include the acquisition and conveyance of real property for
10 private development, and
11 WHEREAS, the Agency desires to enter into a Disposition and
12 Development Agreement (the "Agreement") with Rock Enterprises, a
13 sole proprietorship, (the "Participant"), which Agreement
14 provides for the acquisition and sale of the "Site," which is
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16 Agreement, and
that certain portion of the Project Area as set forth in the
17 WHEREAS, the Agency and the Mayor and Common Council of the
18 Ci ty of San Bernardino have conducted a duly noticed jOint
19 public hearing regarding the proposed disposition of real
20 property in accordance with California Health and Safety Code
21 Sections 33431 and 33433, and
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22 WHEREAS, the staff report pertaining to the Agreement,
23 which has been on display prior to the joint public hearing in
24 accordance with Section 33433 of the California Health and Safety
25 code, contains a detailed description of the provisions of the
26 Agreement,
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DAB:br
June 27, 1989
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NOW THEREFORE, BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT
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COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Pursuant to the California Environmental
4 Quality Act (CEQA), Public Resources Code Section 21090 and
5 Section 151080 of Guidelines adopted pursuant thereto the
6 Agreement is an activity pursuant to and in furtherance of the
7 Central City North Redevelopment Plan.
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SECTION 2. The Redevelopment Agency finds and determines,
9 based upon the testimony and information presented during the
10 publiC hearing with respect to the Agreement that the
11 consideration for the real property to be transferred to the
12 Participant by deed is in compliance with and evaluated pursuant
13 to Health and Safety Code Section 33433, and the value thereof
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is determined at the highest use permitted under the
Redevelopment Plan, but that such consideration is necessary to
16 secure the commitment of Participant to execute the Agreement,
17 which Agreement will significantly benefit the Project Area and
18 the community by alleviating blighting conditions, generating
19 revenues, preserving and renovating a structure of historic
20 interest and providing for high-quality development activities to
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21 stimulate the economic enhancement of the Project Area.
SECTION 3.
The Redevelopment Agency hereby approves the
23 Agreement and all of its provisions including without limitation
24 the attachments therein, and authorizes the Chairman, the
25 Executive Director and the Secretary to execute all documents
26 referenced in the Agreement necessary to effectuate the
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provisions of the Agreement.
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June 27, 1989
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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3 Bernardino at a meeting thereof, held on the
4 day of , 1989, by the following vote, to wit:
5 AYES: Council Members
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NAYS:
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ABSENT:
Secretary
The foregoing resolution is hereby approved this
day
of
, 1989.
Chairman of the Community
Development Commission of the
Ci ty of San Bernardino
18 Approved as to form
and legal content:
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By:~t7faJ
/Agency. ounsel
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June 27, 1989
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RESOLUTION NO.
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE CONVEYANCE BY MEANS OF SALE OF
CERTAIN REAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AND ROCK ENTERPRISES.
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WHEREAS, the Redevelopment Agency of the City of San
6 Bernardino (the "Agency") is authorized to conduct redevelopment
7 activities within the Central City North Redevelopment Project
8 Survey Area (the "Survey Area"), which activities include the
9 acquisition and conveyance of real property for private
10 development: and
11 WHEREAS, the Agency desires to enter into a Disposition
12 and Development Agreement (the "Agreement") with Rock
13 Enterprises, a sole proprietorship, (the "Participant"), which
14 Agreement provides for the acquisition and sale of the "Site,"
16 the Agreement: and
which is that certain portion of the Survey Area as set forth in
17 WHEREAS, the Agreement provides for the acquisition, upon
18 satisfaction of applicable conditions, by Participant of certain
19 real property as identified in the Agreement pursuant to the
20 terms and conditions more particularly set forth in the
21 Agreement: and
22 WHEREAS, the Common Council of the City of San Bernardino
23 and the Agency have conducted a duly noticed joint public hearing
24 regarding the proposed acquisition and disposition of real
25 property in accordance with California Health and Safety Code
26 Sections 33431 and 33433: and
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June 27, 1989
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WHEREAS, the staff report pertaining to the Agreement,
which has been on display prior to the joint public hearing in
3 accordance with SEction 33433 of the California Health and Safety
4 Code, contains a detailed description of the provisions of the
5 Agreement;
6 NOW THEREFORE, the Mayor and Common Council do hereby
7 resolve as follows:
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SECTION 1.
Pursuant to the California Environmental
10 Quality Act (CEQA), Public Resources Code Section 21090 and
11 Section 151080 of Guidelines adopted pursuant thereto the
12 Agreement is an activity pursuant to and in furtherance of the
13 Central City North Redevelopment Plan.
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SECTION 2.
The Mayor and Common Council find and
determine, based upon the testimony and information presented
16 during the public hearing with respect to the Agreement that the
17 consideration for the real property to be transferred to the
18 Participant by deed is in compliance with and evaluated pursuant
19 to Health and Safety Code Section 33433, and the value thereof is
20 determined at the highest use permitted under the Central City
21 North Redevelopment Plan, but that such consideration is
22 necessary to secure the commitment of Participant to execute the
23 Agreement, which Agreement will significantly benefit the Common
24 Council and the community by alleviating blighting conditions,
25 generating revenues, and providing for high-quality development
26 activities to stimulate the economic enhancement of the Survey
27 Area.
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June 27, 1989
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SECTION 3. The Mayor and Common Council hereby approve the
Agreement and all of its provisions, including without
limitation, the attachments therein, and authorize the Mayor and
the City Clerk to execute all documents referenced in the
Agreement and necessary to effectuate the provisions of the
Agreement.
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 thereof, held on the
day of , 1989, by the following vote, to wit:
AYES: Council Members
NAYS:
ABSENT
OR ABSTAIN:
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1989.
Approved as to form
and legal content:
W.R. Holcomb, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
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June 27, 1989