HomeMy WebLinkAboutR13-Redevelopment Agency
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J:8VBIDllIIBIlr IZl'ARDIBIl.r or 'DIB
c:rrr or .. ~
k-.,~ lOR IY'AII4T"'T*".I~.II. ........-
Fran: moom! J. HP2lIERSCN
Executive Director
SUbject: I'IRST UIBIIIIDfl' 'lO 'DIB DIS-
_.L1:.u.AlI JIll) J:8VBIDllIIBIlr
"'-~-IBIU' Ca.) 1I1'm .-
J'kaorr.uiK (IIBST SIll!: PaD)
Date: April 8, 1991
S~ls of Pwvious n.-.I_icm/n.'l"'f1/o.-dt1:ee Aaticm:
on JUne 2, 1986, the """"'11'Iity Devel...........d.. thmIi_ia1 autharized the i~ of a
RsqI~ for 0...1 if'icatia1s (RPQ) and Request for P.l.~""""1.. (RFP) for devel..........tt
of Baseline and ~it"J'l1 omter Drive.
on JUly 21, 1986, the """"'11'Iity Devel...........1t thmIi_ia1 apprtMld an Exclusive Right
to Negctiate with Alexander Haagen.
on Ja!lUm:y 12, 1987, the """"'11'Iity Devel...........d.. no-i_ia1 apprtMld revised tams
and c:x:ntitials for the Haagen ~ center.
CS%..osuoi. 0ClI1t:lJIu84 to -.t: ~)
a.~ ~I ~ IIoticm:
''''''''''''''1;9 D8v8l -At ",.......-..(11)
RB8l:lIDrl:mT or 'DIB CXIIIIIIKl'l'lr J:8VBIDllIIBIlr ~IUITI"N or 'DIB c:rrr or .. ~
Ar~.uu A ~ lIIIDDIBIrl -- CR 'lO 'DIB DISllIOSn'ICII JIll) J:8VBIDllIIBIlr JdRBB-
JIBNl' BY mID _~_ 'DIB -"Y"'nIIIO!lRl' ~ or 'DIB c:rrr or .. -q[)Dll) MID _
JR:Bl'IER <XIII1!Ihr~~~ ~.I.I5tI, :!:IC. (R:)rtIBMst M&IveL,_o....nt Pmject Ana)
=:-~---
D8v8l _. ,t
Ccntact Pe1::sa1:
Ken 1IArrlA~ satlEzell J,PIIIV:IA.
Hlcne:
5065: 5081
six C6l
Project Area:
~ CNWl
ward(s) :
~ Data Attadled:
FUNDnl; ~:
At'-'I"" ~a. .1't: ~luticm: First a.~tl
A1Dl:m1t: $ N/A
aJdget Authority:
Scil.lroe:
o thmIi .siOll/~VIOil Notes:
KlH:AB: lab: 4307
~. Item No: li3
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o IOH:AB:lab:4307
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J:BVIft' nIIIIIBr 1IIPARDIIIRr
Request for ---1/",,-4.0IV0CIaittee ~
PirIrt r-- ~ -L to .., I'rClDtier ma
~ -2-
-is of P.I:wri.ous no-4_4Cl1l/---1P .....- Acticm ~4__...
en JlU1.l81Y 22, 1990, the t1roIm1l'lity DlJIIel, '1.'-' it l'Noni ....ia1 took actia'IS resciJni.n;
the Exclusive Right to Negctiate with Al.elcamBr Haagen.
en JlU1.l81Y 22, 1990, the ()'wmI1I'lity D8II8l...........d. l'Noni_ia1 autharized the execution
of an .........lL far an Exclusive Right to Negotiate with New Fra1tier l"'rIImII>'r"Cial
P.t............t1es, Inc.
en May 21, 1990, the t1roIm1l'lity D8II8l............t lnmIi_ic:n autharized ninty (90) days
to the ~lCe deadlines in the Exclusive Right to Negotiate with New Fraltier
O......A1cial P.L~ties, Inc.
en JUne 7, 1990, the R8devel............d. ClcmIlittee reo:' --.-Dec1 to the Mayer am 0 ...... h
Cb.mcil am t1roIm1l'lity D8II8l...........d. l'Noni -ia1 '"M'l-u-Illl of deal points am the
Dispositic:n am D8II8l............t Agl........L (In\).
en JUne 18, 1990, the t1roIm"1ity Dew].., .... iL l'Noni-im fll:Pt'CI\I8d the deal points
far a oJ BpolIitic:n am D8II8l......-d. ~~lt. (In\) with New Fra1tier 0 ....-. cla1
P.I::~ties, Inc., am directecl staff to draft the '"M'l-'''l..date .."............d..
en Clctci:ler 15, 1990, the t1roIm"1ity D8II8l.........d. l'Noni_ic:n ~ the Disposition
am Dsvel...........d. ~..........lL (In\) with New Fra1tier Q:mIIeroial P.I............ties, Inc.,
en April 1, 1991, the t1roIm"1ity DBvelo,.'-'lL l'Noni_ic:n J:8'IiWBd the ~
Agl__d. with New Fra1tier am referred the itan to the BIIciIMll............L OcIImittee
far its :review am l~. ....-rmtic:n.
en April 4, 1991, the R8devel.o,.'-'it ClcmIlittee :r:eviewed the First A1IIen:2meltt to the
Di-V-itic:n and DIMal___.L Io,p._.t (IDA) with New Frl:ntier and :r.c> ....-nded to
the t1roIm"1ity DIMal___.L l'Noni_icn '"M'l-o./lll of _.
"'--""""(11I _r.uIG
Jfeet1Dq Date: 04/15/1991
4.
JIWI!I'~ DI!IPAR.I!CBIrr
&rAD I(...:m
I'imt -to to aa nth lf8W l'l'CDtier
'lhe p.np::lS8 of this Firat: A1BlcJbwlt is to prcwide clarificaticn with nlBp8Ct to
the fUrdin;J IICUl'C88 of certain fons of the IlBvW., -d. DIpert:msnt's usistance to
New Fra1tier 4) ......oJ.a1 P.i.U)I'Nou.s, Inc. Specifically, the DlMIl.,......,L DIpU:t:ment
deems it ne::-- l'ry to IBka certain ~ in o..t..-..tia'1 with the ~ of
the DlIY8l~.t DIpert:msnt ccntril:utia1, the Fixture F1nanl::irq am the pravisicn
of the ~. -00-'- of the Dep8rtmBnt loan. tlmr the ni "'P"""'tticn am DlIY8l_,L
~MIIlIEIld. (IX>>.), the total aomt of sucil assistance equals $3,200,000.
In m:der to fund said aomt, the DBpart:D&1t deems is desireab1e to cause the
estab1.ishmsnt of a loan in the priJxdpal aomt of $2, 7SO, 000 betu8en the
developer am the Q:unty of san BemIU:dino. SUdlloan shall be 88CUr8d by a
IBt:tar of credit to be prcwided by the DIIpart:mnt in the aamt: of $2,9SO,000. 'lhe
$200,000 increue to the Ietter of CDdit aomt ~ts fmI the calallatiat of
accrued~. 'lhe IWBinin;J I:lalance of the $3,200,000, J'IIIIaly $450,000, all
be derived f:rcm a loan b8ttwen the City of san BemIU:dinoam the ~~, ,..-d.
Department th1'aJ;Jh the use of ~1I'\ity D8IIel.~,L Block Grant mcnies.
In ........-..tia1 with the IM-' 'i"::JSed Firat: AmmlC!D.ell.t, the DBpart:D&1t will be requiJ:ed
to enter into a loan transact.ia1 with the City am will be required to cbtain a
Letter of credit. 'lhe developer will be requir8cl to 8X8CUte certain M('o~, lIS
wll lIS a prt'I"f ~ n:lte, in .......-..tia'1 with the Q:unty loan am will be required
to llCknclliledge the DBpart:D&1t's fundinq 1ICUl'C88.
'lhe BCql8 of this Firat: AmmlCJl-d. shculd not affect the priority of fUrdin;J or the
total aomt of the D8Y8l._.t Department's cilliqa1:icnl with respect to the .1m-
plllllllntatia1 of the IX>>..
I reo ....-'ld adcptiat of the att.ac:bed resolutiat.
::'~'.toBDc:lutiW I)J.nctor
KJH:EJ': lab: 4307
t'I'WMT~ __.&.~
*-t:iDq Date: 04/15/1991
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COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO
AGENDA
April 15, 1991
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RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
APPROVING A CERTAIN AMENDMENT NO. ONE TO THE
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO AND NEW FRONTIER
COMMERCIAL PROPERTIES, INC. (NORTHWEST
REDEVELOPMENT PROJECT AREA)
Exhibit "A" - Amendment No. One
Action to be
Taken:
Append Exhibit
Resolution
"A" to Resolution; Adopt
To be Published:
N/A
N/A
Newspaper:
Certified copy of Resolution to be returned to Saba & Green, A
Professional Corporation.
S8B0\0092\016
04/011191 0100
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8 City of San Bernardino (the "Commission")
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING A CERTAIN
AMENDMENT NO. ONE TO THE DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO AND NEW FRONTIER COMMERCIAL
PROPERTIES, INC. (NORTHWEST REDEVELOPMENT PROJECT AREA)
WHEREAS, the Community Development Commission of the
on behalf of the
Redevelopment
Agency
of
the
City
of
San
Bernardino
(the
"Agency"), is a redevelopment agency, a public body, corporate
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11 and politic of the State of California, organized and existing
12 pursuant to the Community Redevelopment Law (Part 1 of Division
13 24) commencing with Section 33000 of the Health and Safety Code
14 of the State of California (the "Act"); and
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16 WHEREAS, the Redevelopment Plan for the Northwest
17 Redevelopment Project (the "Redevelopment Plan") was previously
18 approved and adopted by the Mayor and Common Council of the City
19 of San Bernardino (the "Council") by Ordinance No. MC-189, dated
20 July 6, 1982; and
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22 WHEREAS, the Redevelopment Plan provides for the
23 redevelopment of real property pursuant to the Redevelopment Plan
24 by owners thereof or by parties seeking to acquire real property
25 from the Agency; and
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27 WHEREAS, the Agency has previously approved the
28 execution of a certain Disposition and Development Agreement (the
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1 "DDA"), with New Frontier Co.aercial Properties, Inc., a
2 California corporation (the "Developer") pertaininq to the
3 development of a commercial retail shoppinq center or. certain
4 property which is to be sold by the Aqency to the Developer (the
5 "Project"); and
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15 WHEREAS, the purpose of Amendment No. One is to clarify
16 certain provisions of the DDA pertaininq to the fundinq sources
17 of various forms of the Aqency assistance which is to be provided
18 pursuant to the terms of the DDA, which fundinq sources are more
19 fully described in Amendment No. One.
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WHEREAS, in connection with the implementation of the
DDA the Aqency deems it desirable to U1end the DDA pursuant to a
certain "Amendment No. One to the Disposition and Development
Aqreement By and Between The Redevelopment Aqency of the City of
San Bernardino and New Frontier Commercial Properties, Inc.", a
copy of which is attached hereto as Exhibit "A" and incorporated
herein by this reference; and
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION
CTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
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1 Section 1. The Agency hereby approves the proposed
2 Amendment No. One, a copy of which is attached hereto as
3 Exhibit "A". The Agency authorizes the Executive Director of the
.. Agency to execute Amendment No. One and to execute such other
5 documents as may be necessary to implement Amendment No. One and
6 to make any necessary non-substantive changes in Amendment
7 No. One as may be approved by Agency Special Counsel.
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section 2.
This Resolution shall take effect upon
adoption.
I HEREBY CERTIFY that the foregoing resolution was duly
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San Bernardino at a
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adopted by the Community Development Commission of the city of
meeting thereof, held on
the
day of
, 1991, by the following vote, to
wit:
Commission MAm~rs:
~
BAn
ABSTAIN
ESTRADA
14 REILLY
FLORES
15 MAUDSLEY
MINOR
16 POPE-LUDLAM
MILLER
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Secretary
day of
The foregoing resolution is hereby approved this
, 1991.
W. R. Holcomb, Chairman
Community Development
Commission
of the City of San Bernardino
24 Approved as to
form and legal content:
: By: ~j;~
Agency unsel - I'
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SBEOIOl>>2IDOCI16
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1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
2 CITY OF SAN BERNARDINO )
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ss
I, Secretary of the COlDlllunity
Development COlDllli8sion of the City of San Bernardino, DO HEREBY
CERTIFY that the foregoing and attached copy of COlDllluni ty
Development COIDIIIission of the city of San Bernardino Resolution
No. is a full, true and correct copy of that now on
file in thi8 office.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the COIDIIIunity Development COlDlllission
of the City of San Bernardino this day of
, 1991.
Secretary of the
Community Development
COIDIIIis8ion
of the City of San Bernardino
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EXHIBIT "A"
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AMENDMENT NO. ONE
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SBEO0092\DOC\015\es
04/05/91 323
AMENDMENT NO. ONE
TO DISPOSITION AND DEVELOPMENT AGREEMENT
By and Between
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
and
NEW FRONTIER COMMERCIAL PROPERTIES, INC.
, .
This Amendment No. on. is to that certain Disposition and
Development Aqreement (the "DDA") by and between the Redevelopment
Aqency of the city of San Bernardino (the "Aqency") and New
Fro~tier Commercial Properties, Inc., a California corporation (the
"Developer"). The Aqency and the Developer aqree as follows:
1.
Pumas. of Amendmen't.
Since the execution of the
o DDA, certain clarifications are necessary with respect to the
fundinq of the Aqency's assistance in connection with the
development of the Project. Except as specifically amended or
clarified, the terms and conditions of the DDA remain in full force
and effect, except as may be necessary to conform to the Amendments
contained herein.
2.
Terms.
The terms used herein, unless otherwise
defined, shall have the same meaninq as in the DDA. References
herein to "Section" are to the sections of the DDA, and references
to "Paraqraph" are to Paraqraphs of this Amendment.
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3.
Amendment of DDA.
Section 210(a) lII1all be added to
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the DDA to read as follows:
Section 210(a). FundinG of AGency Assistance. . The
Aqency hereby aqrees that it must undertake certain
arranqaments in connection with the fundinq of the Aqency
Contribution, the Fixtures Financinq and the provision of the
proceeds of the Aqency Loan. The total amount of the Aqency's
assistance represented by the Aqency Contribution, the
Fixtures Financinq _and the proceeds of the Aqency Loan equals
Three Million Two Hundred Thousand Dollars ($3,200,000.00)
(the -Funded Assistance-). The Aqency has determined that the
fundinq of the amounts representinq the Funded Assistance
shall be derived from two separate sources. Two Million Seven
Hundred Fifty Thousand Dollars ($2,750,000) of the Funded
Assistance shall be derived throuqh a loan established with
the County of San Bernardino (the -County-) and issued in
favor of the Developer (the -County Loan-) which County Loan
shall be secured by a Letter of Credit obtained by the Aqency
in the amount of Two Million Nine Hundred Fifty Thousand
Dollars ($2,950,000) which Letter of credit Secures the
principal amount of the County Loan plus accrued interest.
The balance of the Funded Assistance in an amount equal to
Four Hundred Fifty Thousand Dollars ($450,000) shall be
derived throuqh a loan from the City in favor of the Aqency
(the -City Loan-) which City Loan shall be funded throuqh the
Use of Community Development Block Grant moneys. Developer
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hereby agrees to execute a promissory note in favor of the
County, which promissory note shall be secured by the Agency's
Letter of credit, and any and all necessary documents in
connection with the establishment of the County Loan.
Moreover, the Developer acknowledges that the proceeds of the
remaining balance of the Funded Assistance in an amount equal
to Four Hundred Fifty Thousand Dollars ($450,000) shall be
made available through the establishment of the City Loan and
in connection therewith Developer agrees to execute any
document which may be necessary in connection with the
Agency's obtaining the City Loan.
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The financing of the foregoing Funded Assistance shall
remain the sole obligation of the Agency and the provisions of
this Section 210(a) shall not in any way affect any other
sections of the DDA with respect to the use of funds or the
priority of such uses.
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IN WITNESS WHEREOF, the parties hereto have duly executed
this Amendment No. One as of the dates set forth below.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
Date:
By:
(SEAL)
Executive Director
APPROVE AS TO PROGRAM:
By:
Redevelopment Manaqer
APPROVED AS TO PORM:
Aqency Special Counsel
NEW FRONTIER COMMERCIAL
PROPERTIES,
INC., a California corporation
Date:
By:
Its:
8BIlOOOP2IDOCI015J..
(All Siqnatures Must Be Notarized)
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STATE OF CALIFORNIA
COUNTY OF
)
) ss.
)
this _ day of before .e, the
a Notary Public in and for said State, personally
, Personally known to lie or proved
basis of satisfactory evidence to be the person who
the within instru.ent as the
or on behalf of the cOrPOration
therein named and acknowledged to lie that the cOrPOration executed
the within instrument.
On
undersigned,
appeared
to lie on the
executed
WITNESS my hand and official seal.
Signature
[SEAL )
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STATE OF CALIFORNIA )
)
COUNTY OF SAN BERNARDINO )
ss.
On this day of , 1990, before me,
the underaiqned, a Notary Public in end for said State, personally
appeared and personally
known to _ (or proved to me on the basis of satisfactory evidence)
to be the persona who executed the within instrument as the
Chairman and Secretary of the Redevelopment Agency of the City of
San Bernardino (the "Agency"), and acknowledged to me that said
Agency executed the aame.
(S~)
Notary Public in and for the
State of California