HomeMy WebLinkAboutR06-Economic Development Agency
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o DEVELOPMEBr DBPARTMEMT OF .0
CIn OF SAB BBRlWUlIKO
REOUEST FOR COMMISSION/COUNCIL ACTION
From:
KENNBTH J. HENDERSON
Executive Director
Subject:
REQUEST FOR ASSISTABCB FROII
TACO TIA, INC.
Date:
September 20, 1991
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SvnoDsis oE Previous Commission/Council/Committee Action(s):
On September 19, 1991, the Redevelopment Committee recommended to the
Community Development Commission approve the Benefit Resolutions and
Owner Participation Agreement with Taco Tia, Inc.
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Recomm~ded Motion(s):
{Mavor and CftMMOD Counell1
MOTIO. A: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS AS
TO THE BENEFIT OF UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR
THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA.
(MOTIONS CONTINUED TO NEXT PAGE...)
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Administrator
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Contact Person(s): Ken Henderson/Susan Morales
Phone:
5081
Project Afea(s): Mt. Vernon Corridor Ward(s): Three (3)
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Supporting Data Attached: Staff ReDort: Benefit Resolutions: Aareement
FUNDING REQUIREMENTS:
Amount: $ 75.000
Source: SEIP Bond Proceeds
Budget Authority:
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Commission/Council Notes:
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KJH:SMM:kak:4255H
COMMISSION MBBTII'fG
Meetina Date: 10/07~91
Aaenda Item No:
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DEVELOPMBlft' DBPARnIEIIr COIMISSIOI'/COUllCIL ACTIOlfS COlfTIBUBD...
Request for Assistance - Taco Tia, Inc.
September 26, 1991
Page -2-
(Community Deyelooment Commiasion)
MOrIOI' B: RESOLUTION OF THE COMMUNITY DEVELOPMElfT COMMISSION OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, MAKING FINDINGS AND
DETERMINATIONS AS TO THE BENEFIT OF UNDERTAKING CERTAIN PUBLIC
IMPROVEMENTS FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT
PROJECT AREA.
(Community Develoument Commission)
MOrIO. C: RESOLUTION OF THE COMMUNITY DEVELOPMElfT COMMISSION OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN OWNER
PARTICIPATION AGREEMElfT BY AND BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND TACO TIA, INC.
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KJH:SMM:kak:4255H
COIMISSIO. MBIlTI1'fG
Meeting Date: 10/07/1991
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Agenda It... lfo:
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DBVELOPMBBT DBPAaTMUT
STAFF REPORT
Reauest for Assistance from Taco Tia. Inc.
Staff received a request from Taco Tia, Inc., for assistance with the
construction of certain public improvements and the cost of widening Mt.
Vernon Avenue at the northwest corner of Mt. Vernon Avenue and Mill
Street. The owner is planning to demolish the existing structure and
build a new, modern drive-thru restaurant, with additional landscaping
and improved traffic circulation. However, due to the costs associated
with the street widening, the project is not feasible, thus the owner has
no incentive to proceed.
Over the last three (3) years, the owner has diligently pursued
beautification enhancements to the area, which includes the purchase and
demolition of the adjacent vacant structure, painting the restaurant, and
continuous maintenance and graffiti removal.
Currently the property has little existing landscaping and what little
exists consists of shade trees in the rear which are not visible from the
street. The owner has redesigned the new project in order to save the
trees in the rear picnic area, as well as, increasing the landscaping
set-backs to meet city standards. There are, however, only thirty (30)
days remaining to finalize plans for the project; otherwise the project
falls under the new development code requirements and under the stricter
requirements, it would not be possible to save the trees.
Some of the benefits derived from this project include the widening of
Mt. Vernon Avenue, which would provide for the designation of a right
turn lane, one hundred fifty (150) feet of landscaping on Mt. Vernon
Avenue and Mill Street, development of a vacant lot adjacent to the
existing taco stand, and improved traffic circulation at the third
busiest intersection in the City. In addition, the project accomplishes
the objectives set forth in our City Beautification and Landscaping
programs, particularly with respect to eliciting the cooperation and
initiative of property owners. The project also sends an important
message about our seriousness in jump-starting the Mt. Vernon
Redevelopment Project Area.
Since these improvements have to be made and this project provides the
opportunity for them to occur, staff is in favor of considering this
request. Our involvement would be approximately $75,000 for the public
improvements. The owner's responsibility would be the construction of a
$175,000 restaurant.
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KJH:SMM:kak:4255H
COIMISSIO. MBBTllfG
Meeting Date: 10/07/1991
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Agenda Item .0:
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DEVELOPMENT DEPART~ STAFF REPORT
Request for Assistance from
Taco Tia, Inc.
September 20, 1991
Page -2-
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Due to the fact that this project is situated within the Mt. Vernon
Corridor Redevelopment Project Area, which has no tax increment available
at this time, Mutual Benefit Resolutions from the Southeast Industrial
Park are required.
Staff recommends adoption of the form motion.
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KJH:SMM:kak:4255H
COMMISSIOB MBBrIBG
Keetina Date: 10/07/1991
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
HAXING FINDINGS AND DETERMINATIONS AS TO THE
BENEFIT OF UNDERTAKING CERTAIN PUBLIC
IMPROVEMENTS FOR THE SOUTHEAST INDUSTRIAL
PARK REDEVELOPMENT PROJECT AREA
WHEREAS, the City of San Bernardino, California (the
is a municipal corporation and a char.ter city duly
created and existinq pursuant to the Constitution and the laws of
the State of California (the "City"); and
WHEREAS, the Community Development Commission of the
City of San Bernardino (the "Commis81on") on behalf of the
Redevelopment
Aqency
of
the
City
of
San Bernardino
(the
"Aqency"), is a redevelopment aqency, a public body, corporate
and politic of the State of California, orqanized and existinq
pursuant
to
the
Community
Redevelopment
Law
Divi810n 24) commencinq with Section 33000 of the Health and
(Part
1
of
Safety Code of the State of California (the "Act"); and
Aqency may, with the consent of the Mayor and Common Council of
WHEREAS, pur.uant to Section 33445 of the Act, the
installation
the City (the "Council"), pay all or a part of the cost of
and
construction
of
buildinq,
any
facility,
structure or other improvement which i. publicly owned either
within or without the boundaries of a redevelopment project area
if the Aqency determine.:
structure.
(1) that such buildinqs, facilitie.,
or
other
the
improvement.
of
beneti t
are
to
redevelopment project area or the immediate neiqhborhood in which
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1 the project is located, reqardless of whether such improvements
2 are within another project area, or in the case of a project area
3 in which substantially all the land i. publicly owned that the
4 improvements are of benefit to an adjacent project area of the
5 Aqency, and (2) that no other reasonable means of financinq such
6 buildinqs, facilities, structures or other improvements is
7 available to the community, and such determination by the Aqency
8 and the Council shall be final and conclusive; and
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WHEREAS, the City and the Commi.sion have previously
approved and adopted the Redevelopment Plan for the Southeast
Industrial Park Redevelopment Project (the "Redevelopment Plan");
and
WHEREAS, it is in the interests of the present
landowners within the project area subject to the Redevelopment
Plan (the "Project Area") and the residents, both within the
Project Area and within the City qenerally, that the Aqency
assist in the financinq of certain public riqht-of-way
improvements consistinq primarily of street wideninq and the
construction of sidewalks, curbs and qutters (the CUrb
Improvements") which improvements are to be undertaken in
connection with the development of a retail food establishment at
the intersection of Mill Street and Mt. Vernon Avenue; and
WHEREAS, the Mt. Vernon Avenue riqht-of-way is a major
north south arterial of the City which runs in proximity to the
Project Area and the Mill Street riqht-of-way provides east west
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1 access to and from the Project Area via Tippecanoe Avenue which
2 itself runs directly into the Project Area and therefore the
3 improv_ent of such riqhts-of-way would provide a benefit to
4 residents within the City who are occupants of the Project Area,
5 who find employment opportunities within the Project Area and/or
6 who rely on services provided by the Project Area; and
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WHEREAS, the undertakinq of the CUrb Improvements will
improve the Mt. Vernon Avenue and Mill Street riqhts-of-ways
thereby making such rights-of-ways safer for pedestrian and
vehicular traffic which in turn will ensure the health, safety
and welfare of residents and occupants of the Project Area as
well as other neighborhoods of the City; and
WHEREAS, in order to promote the City'S health, safety
and welfare, it is important that the curb Improvements required
for the above referenced rights-of-way be financed in order to
ensure the orderly development of areas in proximity to the
rights-of-way including the Project Area and neighborinq areas;
and
WHEREAS, it is appropriate at this time for the Council
to make certain findinqs and determinations and take certain
action with respect to the installation of the curb Improvements.
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
DETERMINE AS FOLLOWS:
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1 SECTION 1. The Recitals hereinabove are true anel
2 correct anel are incorporateel herein by this reference.
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4 SECTION 2. The Council approves the payment by the
5 Aqency of the costs of the curb Improvements to be unelertaken in
6 proximity to the Project Are. which are of benefit to such
7 Project Area anel other neiqhborhoocls within the City for the
8 reasons set forth in the Recitals hereinabove. The Council
9 further finds and determines that no other reasonable means of
10 finanCing the undertaking of the curb Improvements is presently
11 available to the City and that the City and the Aqency require
12 the use of revenues qenerated from the Project Area in oreler to
13 fund the undertaking of the Curb Improvements.
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SECTION 3. The provision of the Curb Improvements
will improve traffic and peelestrian safety conditions arounel the
Project Area for occupants of the Project Area which will make
the Project Area more desirable for development which will in
turn help eliminate bliqht within the proj.ct Area and other
areas of the City.
SECTION 4. The City Clerk is hereby authorized anel
directed to cause this Resolution to be transmitted to the
Commission for consideration in connection with appropriate
action by that body.
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Approved as to tOrlll and legal content:
24 JAMES P. PENMAN
City Attorney
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OP THE CITY OF
SAN BERNARDINO, CALIFORNIA, MAXING FINDINGS AND DETERMINATIONS AS
2 TO THE BENEFIT OF UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR THE
SOUTHEAST INDUSTRIAL PARI< REDEVELOPMENT PROJECT AREA
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Sec~ion !i.
The tindings and deterlllinations herein
shall be tinal and conclusive. This Resolution shall take ettect
upon the date ot its adoption.
I HEREBY CERTIFY that the toregoing Resolution was duly
adopted by the Mayor and Common Council ot the City ot
San Bernardino at a
meeting
thereot, held on the
day ot
,
1991, by the tollowing vote, to wit:
AYES:
Council Members
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NAYS:
ABSENT:
City Clerk
The toregoing resolution is hereby approved this
day ot , 1991.
Mayor ot the City ot
San Bernardino
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1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
2 CITY OF SAN BERNARDINO )
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I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foreqoinq and attached
copy of Mayor and Common Council of the city of San Bernardino
Resolution No. is a full, true and correct copy of that
now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the Mayor and Common Council of the
City of San Bernardino this day of ,
1991.
City Clerk
city of San Bernardino
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"City"), is a municipal corporation and a charter city duly
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, MAKING FINDINGS AND
DETERMINATIONS AS TO THE BENEFIT OF
UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR
THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT
PROJECT AREA
WHEREAS, the City of San Bernardino, California (the
created and existinq pursuant to the Constitution and the laws of
the State of California (the "City"); and
WHEREAS, the Community Development Commission of the
City of San Bernardino (the "Commission") on behalf of the
Redevelopment
Aqency
of
the
City
of
San Bernardino
(the
"Aqency"), is a redevelopment aqency, a public body, corporate
and politic of the State of California, orqanized and existinq
pursuant
to
the
Community
Redevelopment
Law
(Part
1
of
Division 24) commencinq with Section 33000 of the Health and
Safety Code of the State of California (the "Act"); and
WHEREAS, pursuant to Section 33445 of the Act, the
Aqency may, with the consent of the Mayor and Common Council of
the City (the "Council"), pay all or a part of the cost of
installation
and
construction
of
bUildinq,
any
facility,
structure or other improvement which is publicly owned either
within or without the boundaries of a redevelopment project area
if the Aqency determines:
(1) that such bUildinqs, facilities,
structures
other
improvements
or
of
benefit
are
to
the
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1 redevelopment project area or the immediate neiqhborhood in which
2 the project is located, reqardless of whether such improvements
3 are within another project area, or in the case of a project area
4 in which substantially all the land is publicly owned that the
5 improvements are of benefit to an adjacent project area of the
6 Aqency, and (2) that no other reasonable means of financinq such
7 bUildinqs, facilities, structures or other improvements is
8 available to the community, and such determination by the Aqency
9 and the Council shall be final and conclusive; and
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11 WHEREAS, the City and the Commission have previously
12 approved and adopted the Redevelop_nt Plan for the Southeast
13 Industrial Park Redevelopment Project (the "Redevelopment Plan");
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16 WHEREAS, it is in the interests of the present
17 landowners within the project area subject to the Redevelopment
18 Plan (the "Project Area") and the residents, both within the
19 Project Area and within the City qenerally, that the Aqency
20 assist in the financinq of certain public riqht-of-way
21 improvements consistinq primarily of street wideninq and the
22 construction of sidewalks, curbs and qutters (the CUrb
23 Improvements") which improvements are to be undertaken in
24 connection with the development of a retail food establishment at
25 the intersection of Mill Street and Mt. Vernon Avenue; and
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27 WHEREAS, the Mt. Vernon Avenue riqht-of-way is a major
28 north south arterial of the City which runs in proximity to the
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1 Project Area and the Mill Street riqht-of-way provides east west
2 access to and from the Project Area via Tippecanoe Avenue which
3 itself runs directly into the Project Area and therefore the
4 improvement of such rights-of-way would provide a benefit to
5 residents within the City who are occupants of the Project Area,
6 who find employment opportunities within the Project Area and/or
7 who rely on services provided by the Project Are"; and
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WHEREAS, the undertaking of the curb Improvements will
improve the Mt. Vernon Avenue and Mill Street rights-of-ways
thereby maJcing such rights-of-ways safer for pedestrian and
vehicular traffic which in turn will ensure the health, safety
and welfare of residents and occupants of the City who use the
Project Area as well as other neighborhoods of the City; and
WHEREAS, in order to promote the City's health, safety
and welfare, it is important that the CUrb Improvements required
for the above referenced riqhts-of-way be financed in order to
ensure the orderly development of the Project Area and
neiqhborinq areas; and
WHEREAS, it is appropriate at this time tor the
Commission to make certain findinqs and determinations and take
certain action with respect to the installation of the CUrb
Improvements.
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1 NOW, THEREFORE, BE IT RESOLVED, BY THE COMMUNITY
2 DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT
3 AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
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Sec~ion 1. The Recital. hereinabove are true and
correct and are incorporated herein by this reference.
Section 2. The Commi..ion approves the payment by
the Aqency of the cost. of the CUrb Improvement. to be undertaken
in proximity to the Project Area which are of benefit to such
Project Area and other neiqhborhooc:ls within the City for the
reason. .et forth in the Recitals hereinabove. The Commis.ion
further finds and determine. that no other reasonable mean. of
financinq the undertakinq of the CUrb Improvement. i. presently
available to the City and that the City and the Aqency require
the use of revenues qenerated from the Project Area in order to
fund the undertakinq of the CUrb Improvement..
Sec~ion 3. The provi.ion of the CUrb Improvement.
will improve traffic and pedestrian safety conditions around the
Project Area for occupant. of the Project Area which will make
the Project Area more desirable for development which will in
turn help eliminate bliqht within the Project Area and other
area. of the City.
S.c~ion 4. The
and directed to
Aqency
cau.e
Secretary i.
this ReSOlution
hereby
to !)e
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1 transmitted to the Council tor consideration in connection with
2 appropriate action by that body.
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14 ES'l'RADA
15 REILLY
HERNANDEZ
16 MAUDSLEY
MINOR
17 POPE-LUDLAM
MILLER
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I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, MA1CING FINDINGS AND DETERMINATIONS AS
2 TO THE BENEFIT OF UNDERTAKING CERTAIN PUBLIC IMPROVEMENTS FOR THE
SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA
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Section !i.
The findinqs and determinations herein
shall be final and conclusive. This Resolution shall take effect
upon the date of its adoption.
I HEREBY CERTIFY that the foreqoinq Resolution was duly
adopted by the Community Development Commission of the City of
San Bernardino at a
meetinq
thereof, held on the
day of
,
1991, by the followinq vote, to wit:
Commi..ion Mamber.:
AUI
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ABSTAIN
ABSENT
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Secretary
The foreqoinq resolution is hereby approved this
day of , 1991.
w. R. Holcomb, Chairman
Community Development Commission
of the City of San Bernardino
Approved as
content:
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1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
2 CITY OF SAN BERNARDINO )
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I, Secretary ot the Community
Development Commission ot the City ot San Bernardino, DO HEREBY
CERTIFY that the toreqoinq and attached copy ot Community
Development Commission ot the City ot San Bernardino Resolution
No. is a tull, true and correct copy ot that now on
tile in this ottice.
IN WITNESS WHEREOF, I have hereunto set my hand and
atfixed the otticial seal ot the Community DeVelopment Commission
ot the City ot San Bernardino this day ot
, 1991.
Secretary ot the
Community Development
Commission ot the City ot San
Bernardino
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pursuant
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, APPROVING A CERTAIN OWNER
PARTICIPATION AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO AND TACO TIA, INC.
WHEREAS, the City of San Bernardino, California (the
"City") is a municipal corporation and a charter city duly
created and existinq 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 Aqency
of
the City
of San Bernardino
(the
"Aqency"), is a redevelopment aqency, a public body, corporate
and politic of the State of California, orqanized and existinq
to
the
Community
Redevelopment
Law
(Part
1
of
Division 24) commencinq with Section 33000 of the Health and
Safety Code of the State of California (the "Act"); and
WHEREAS, the City and the Commission have previously
approved and adopted the Redevelopment Plan for the Mt. Vernon
Corridor
Redevelopment
Project
Area
(the
"Mt.
Vernon
Redevelopment Plan"); and
WHEREAS, in connection with the implementation of the
Mt. Vernon Redevelopment Plan, the Aqency has received a request
from Taco Tia, Inc. (the "Participatinq OWner") to assist in the
development of a certain commercial fast food facility (the
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"Project") to be located at 494 South Mt. Vernon Avenue, which is
within the Project Area subject to the Redevelopment Plan; and
WHEREAS, the Agency deems it desirable to assist the
Participating OWner in the development of the Project to the
extent that the Agency shall reimburse the Participating Owner
for the costs of construction of certain public improvements
necessary for the Project; and
WHEREAS, the amount of the Agency reimbursement shall
be in an amount not to exceed $75,000,00 and shall be paid upon
the completion of the public improvements required for the
Project; and
WHEREAS, the public improvements consist of the
widening of the rights-of-way and the improvement of the
sidewalks, curbs and gutters which improvements will improve
traffic and pedestrian safety conditions within the Project Area;
and
WHEREAS, the Agency at this time deems it desirable to
approve that certain OWner Participation Agreement by and between
the Agency and the Participating OWner, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this
reference which sets forth the terms of the Agency's assistance.
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1 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
o 2 THE CITY OF SAN BERNARDINO, CALIFORNIA, DOES HEREBY FIND,
3 RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
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5 Section 1. The Commission hereby approves the OWner
6 Participation Agreement, a copy of which is attached hereto as
7 Exhibit "A" and incorporated herein by this reference.
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9 Section 2. The Commission hereby authorizes the
10 Chairman and Secretary to execute the OWner Participation
11 Agreement on behalf of the Agency with any such non-substantial
12 changes as may be approved by the Executive Director of the
13 Agency and Agency Counsel.
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1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, APPROVING A CERTAIN OWNER
2 PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND TACO TIA, INC.
3
4 Section 3. This Resolution shall take effect upon
5 its adoption.
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7 I HEREBY CERTIFY that the foreqoinq Resolution was duly
8 adopted by the Community Development Commission of the City of
9 San Bernardino at a
10 thereof, held on the day of
11 1991, by the followinq vote, to wit:
12
13 Commission Members: AIU BAn
meetinq
,
ABSTAIN ABSENT
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14 ESTRADA
REILLY
15 HERNANDEZ
MAUDSLEY
16 MINOR
POPE-LUDLAM
17 MILLER
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Secretary
The foreqoinq resolution is hereby approved this
day of , 1991.
W. R. Holcomb, Chairman
Community Development Commission
of the City of San Bernardino
Approved as to form and leqal content:
:.., ~.{.J
/Aqency Co .1
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF SAN BERNARDINO )
ss
I, Secretary of the Community
Development Commission of the City of San Bernardino, DO HEREBY
CERTIFY that the foregoing and attached copy of Community
Development Commission of the City of San Bernardino Resolution
No. is a full, true and correct copy of that now on
file in this office.
Secretary of the
Community Development
Commission of the City of San
Bernardino
0 0
1 EXHIBIT "A"
Q 2 OWNER PARTICIPATION AGREEMENT
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SBE00001/DOC/510/es
09/17/91 445
RECORDING REQUESTED BY:
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND WHEN RECORDED RETURN TO:
SABO & GREEN,
a Professional Corporation
Suite 400
6320 Canoqa Avenue
Woodland Hills, California 91367
(Space Above for Recorder's Use)
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
OWNER PARTICIPATION AGREEMENT
(TACO TIA PROJECT)
By and Between
REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO
and
TACO TIA, INC.
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RECITALS
section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
section 12.
S.ction 13.
Section 14.
section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21.
() Section 22.
Section 23.
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
EXHIBIT "0"
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TABLE OF CONTENTS
b!m
1
Incorporation of Basic Documents................. 4
Public Purpose................................... 4
Construction of Public Improvem.nts.............. 5
Construction of the Proj.ct...................... 6
Participating OWn.r's R..ponsibilities........... 6
Certain Sal.. or Tran.f.r. of the Project........ 9
Notic. of Sal.. anel Tran.f.rs..........."......... 10
Public Biel anel Prevailing Wag.................... 10
Plan. anel Sp.cification.......................... 10
Remedie... . . . . .. . . . . . . . . .. ..... . . . . . . . . . . . . . . . . .. 11
Obligation to Obtain Financing................... 13
Notic... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Applicability of Law. anel Litigation Costs....... 14
Noneliscrimination anel R.lateel Cov.nants.......... 14
C.rtificat. of Compl.tion........................ 16
Succ...or. anel A..ign.; As.ignm.nt............... 17
Event. of Default................................ 17
Entire Agreement; Amendm.nt...................... 19
severability.. .. . . . . . .. . . ... . . . . . . . . . . . . . . . . . . . .. 20
Sect:lon Headings................................. 20
Meaning of Terms................................. 20
Indemnification... . .. . . .. . . . . . . . . . . . . . . . . . . . . . . .. 21
Eff.ctive Oat. of Thi. Agr.ement; Execution;
Tera of Agr....nt.............................. 21
- Legal De.cription
- Scop. of Development
- D..cription of Public Improvem.nt.
- Certificate of Completion
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
OWNER PARTICIPATION AGREEMENT
(TACO TIA PROJECT)
This OWner Participation Aqreement (the "Agreement") is
entered into this ____ day of
, 1991, by and between the
Redevelopment Agency of the City of San Bernardino, a public body,
corporate and politic duly organized and existing pursuant to the
Community Redevelopment Law of the State of California (hereinafter
referred to as the "Agency") and Taco Tia, Inc., a California
corporation (hereinafter referred to as the "Participating OWner")
and is entered into by the parties hereto with reference to the
following facts:
RECITALS
(>
WHEREAS, the Agency is authorized and empowered by the
Community Redevelopment Law, Chapter 1 of Division 24 of the
California Health and Safety Code, as amended (the "Law"), to permit
owner participation in the redevelopment of real property; to enter
into agreements for the acquisition, disposition and development of
property or to otherwise assist in the redevelopment of real property
within a redevelopment project area conforming with a redevelopment
plan adopted for such area; to acquire real and personal property in
redevelopment project areas; to receive consideration for the
provision of redevelopment assistance; to make and execute contracts
and other instruments necessary or convenient to the exercise of its
powers; and to incur indebtedness to finance or refinance
o redevelopment projects; and
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WHEREAS, the Redevelopment Plan for the Mt. Vernon Corridor
4:> Redevelopment Project, has been approved and adopted by the City of
San Bernardino, California (the "City"), by Ordinance No. MC 733 (the
"Redevelopment Plan"); and
WHEREAS, the Participatinq owner owns certain real property
qenerally located at 494 So. Mt. Vernon Avenue, within the project
area subject to the Redevelopment Plan (the "Project Area"), as
leqally described in Exhibit "A" attached hereto and incorporated
herein by reference (the "Property"); and
WHEREAS, the Participatinq owner intends to develop the
Property by undertakinq the construction of a fast food restaurant
facility on the Property (the "Project"), all as more fully described
() in the Scope of Development attached hereto as Exhibit "B" and
incorporated herein by this reference, in order to eliminate the
bliqhted condition of the Property and to facilitate development of
the Property for uses consistent with the Redevelopment Plan; and
WHEREAS, the participatinq owner has requested the Aqency
to exercise certain redevelopment powers, pursuant to the Community
Redevelopment Law, and to assist the Participatinq owner with respect
to undertakinq the Project; and
()
WHEREAS, it is proposed that the Aqency assistance with
respect to the development of the Project will consist of reimbursinq
the Participatinq owner for the costs of the acquisition,
construction and installation of certain public facilities and
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improvements
o
(the "Public Improvements")
o
as more fully described in
Exhibit "C" attached hereto and incorporated herein by this
4:) reference; and
WHEREAS, the Participatinq owner has submitted information
to the Aqency, based upon qood faith representations to the Aqency
made by the Participatinq owner, that the private improvements
comprisinq the Project, upon completion and installation, shall have
an assessed valuation, attributable to land and improvements,
includinq machinery and equipment thereon, for A4 valorem property
tax purposes, equal to approximately Two Hundred Thousand Dollars
($200,000); and
WHEREAS, it is currently anticipated that the Project, upon
completion, shall qenerate qross sales revenues, based upon qood
4C) faith representations made to the Aqency by the Participatinq owner,
equal to approximately Five Hundred Twenty Five Thousand Dollars
($525,000) per year and will create employment opportunities for
approximately fifteen (15) persons; and
WHEREAS, the Aqency intends to assist the Participatinq
owner in completinq the Project to the extent that the Aqency shall
reimburse the Participatinq owner for the costs of the acquisition,
construction and installation of the Public Improvements as described
on Exhibit "C" in an amount not to exceed Seventy Five Thousand
Dollars ($75,000) (the "Aqency Assistance"); and
o
WHEREAS, the development of the Project will benefit the
Project Area by eliminatinq a bliqhted condition within the Project
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Area and will facilitate development of
o
the Property
in a manner
consistent with the Redevelopment Plan and help encourage economic
4:) growth and revitalization within the Project Area; and
o
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WHEREAS, the construction of the Public Improvements will
benefit the Project Area by improving existing right of way and
creating safer traffic and pedestrian conditions; and
WHEREAS, the Participating OWner has demonstrated to the
satisfaction of the Agency its financial ability to undertake the
completion of the Project.
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
Section 1.
IncorDora1:ion or Sa.tc Documents.
The
Redevelopment Plan, as amended, is by reference incorporated herein
and made a part of this Agreement with the same force and effect as
though set forth in full herein; provided, however, that any
amendments to the Redevelopment Plan after the date of this Agreement
shall not affect any rights granted hereby to the Participating
Owner, except as may otherwise be required by law. All terms not
otherwise defined herein shall have the same meaning as used in the
Community Redevelopment Law, Health and Safety Code Section 33000, .!it
~. (the "Law"). The recitals are by reference incorporated herein
and made a part of this Agreement.
S8ct:.ion 2.
Public PurDo...
The Agency and the
Participating OWner agree that the completion of the Project shall be
undertaken for the common benefit of the parties hereto and the
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residents of the City in order to eliminate blight within the Project
Area. The Agency and the Participating Owner further agree that the
development of the Project shall not only eliminate blight on the
Property, but will also assist in creating an environment which will
encourage and facilitate the elimination of blight within the Project
Area. Therefore, the completion of the Project will be of benefit to
the Project Area, and will help improve, upgrade and revitalize, both
economically and physically, a portion of the city located within the
Project Area that manifests itself as a blighted area. In addition,
the construction of the Public Improvements necessary for the
completion of the Project will enhance traffic and pedestrian safety
conditions.
Section 3. Construction of Public ImDrovements. The
Agency hereby agrees that in order to assist the Participating Owner
in the development of the Project, the Agency shall, upon the
fulfillment of the conditions and obligations of the Participating
Owner hereunder, provide the Agency Assistance through the
reimbursement to the Participating owner of its costs of causing the
acquisition, installation and construction of the Public Improvements
as more fully described in EXhibit "C". The Agency shall provide the
Agency Assistance, in an amount not to exceed Seventy Five Thousand
Dollars ($75,000), within thirty (30) days of completion of the
Public Improvements, as evidenced by the written verification of the
City Engineer, or his designee, which verification shall not be
unreasonably withheld and upon receipt by the Agency of invoices
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representinq costs incurred and paid by the Participatinq Owner in
connection with the construction of the Public Improvements.
Section 4. Construction of the Pro; ect. The
Participatinq Owner, solely at its own cost, shall undertake or cause
to be undertaken the acquisition, construction and installation of
the private improvements comprisinq the Project. The Participatinq
OWner shall pay any and all fees and assessments that may be levied
aqainst the Project or the Property or which may be required in
connection with the construction of the private improvements which
comprise the Project. The Participatinq owner shall commence
construction of such private improvements prior to January 31, 1992
and shall complete such construction prior to July 1st, 1992 subject
to any extensions by mutual written consent of the parties hereto.
In addition, the Participatinq owner shall cause the
acquisition, construction and installation of the Public
Improvements, the costs of which are to be reimbursed by the Aqency
in the form of the Aqency Assistance. Such Public Improvements shall
be completed prior to the completion of the private improvements
which comprise the Project.
Section 5. particinatina OWner'. ResDonsibilities. A
substantial portion of the consideration which supports the aqreement
as herein contained of the Aqency to assist in the redevelopment of
the Property is the aqreement of the Participatinq owner to complete
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the Project as set forth in the Scope of Development attached hereto
o as Exhibit "B", including the construction of the Public
Improvements, and cause the commencement of commercial retail
operations prior to July 1, 1992, all as evidenced by the issuance of
a Certificate of Completion in the form attached hereto as
Exhibit "0", subject to any extensions as mutually agreed upon by the
Parties hereto.
However, the foregoing responsibility of the Participating
OWner shall be subject to the following limitations: By reason of
acts of God; strikes, lockouts or other industrial disturbances; acts
of pUblic enemies; orders of any kind of the Government of the United
States or of the state of California or any department, agency,
political subdivision, court or official of any of them, or any civil
4C) or military authority; insurrections; riots; epidemics; landslides;
lightning; earthquakes; volcanoes; fires; hurricanes; tornados;
storms; floods; washouts; droughts; arrests; restraint of government
and people; civil disturbance.; explosion.; breakage or accident to
machinery; partial or entire failure of utilities; or any cause or
event not reasonably within the control of the Participating OWner,
the Participating OWner is unable in whole or in part to carry out
anyone or more of its agreements or obligations contained in this
Agreement, the Participating OWner shall, for the time of said delay
or such longer period as shall be agreed in writing by the Agency,
not be deemed in default pursuant to Section 17 hereof by reason of
not carrying out said agreement or agreements or performing said
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obligation or obligations during the continuance of such inability.
The Participating OWner shall make reasonable effort to remedy with
all reasonable dispatch the cause or causes preventing it from
carrying out its agreements; provided, that the settlement of
strikes, lockouts and other industrial disturbances shall be entirely
within the discretion of the Participating Owner, and the
Participating OWner shall not be required to make settlement of
strikes, lockouts and other industrial disturbances by acceding to
the demands of the opposing party or parties when such course is in
the judgment of the Participating OWner unfavorable to the
Participating OWner.
The completion and operation of the Project by the
Participating OWner shall substantially assist the Agency to
implement the Redevelopment Plan. Therefore, the Participating OWner
will take all reasonable steps to enable the Project, including the
Public Improvements, to be completed prior to July 1, 1992. In
addition, the Participating Owner hereby estimates that following
completion of construction, improvement and commencement of
operations, the Project, including the property, shall have an
assessed valuation attributable to land and improvements for Ali
valorem property tax purposes equal to at least Two Hundred Thousand
Dollars ($200,000) for each fiscal year following such completion.
Furthermore, the Participating OWner agrees, based on information
available to it at the present time, that the completion of the
Project and the commencement of commercial retail operations should
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result in the qeneration of qross sales revenues attributable to the
Project in an annual amount equal to at least Five Hundred Twenty
Five Thousand Dollars ($525,000). The Aqency has relied upon such
representations as to valuation and sales tax qeneration in
determininq the scope of the Aqency Assistance that would be
warranted under the circumstances to encouraqe the construction of
the Project.
For the purposes hereof, completion of the Project shall
mean the date on which the Aqency approves the issuance of a
Certificate of Completion provided that such approval shall not be
unreasonably withheld and which Certificate of Completion shall be
substantially in the form attached hereto as Exhibit "0", certifyinq
that the construction of the Project, includinq the installation of
any operatinq machinery and equipment and the construction of the
Public Improvements, has been completed and that the commercial
retail operations as contemplated by the construction of the Project
by the Participatinq OWner have commenced.
. section fie
Certain Sale. or Transfer. of the proiect.
The Participatinq OWner hereby covenants and aqrees not to sell,
transfer or otherwise dispose of the Property or the Project located
thereon prior to the completion of the Project and for a period of
ten (10) years therefrom without obtaininq the prior express written
consent of the Aqency which consent shall not be unreasonably
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withheld to the extent that the objectives of the Agency under this
o Agre8lllent are being or will be met.
Section 7.
Notice
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Sales
and
Transfers.
Notwithstanding the foregoing, and for the term of this Agreement,
the Participating OWner agrees to notify the Agency in writing of any
sales or transfers of any portion of the Property or. the Project
prior to the consummation of such sale and/or transfer, which notice
shall contain the name, address and formal description of the entity
so acquiring interests in the Project or the Property.
section 8. Public Bid and prevailina Waae. The
Participating OWner shall comply with any public bid procedures and
shall comply with any prevailing wage requirements, as applicable, in
~ connection with the construction of the Public Improvements and the
Project.
Section 9. Plans and Snecifications. The Participating
OWner agree. that the plans and specifications to be prepared for the
acquisition, construction and installation of the improvements
comprising the Project shall be submitted to the appropriate
department of the City for approval prior to commencement of
construction; provided, however, that said plans and specifications
shall be in all respects in accordance and in conformity with this
Agreement, the Redevelopment Plan and all appropriate plans or
building standards of the City. In the event said plans and
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specifications are not reasonably acceptable to such department of
o the city and in compliance with this Aqreement, then, in such event,
the Participating owner agrees to amend or modify said plans and
specifications or to submit such further or additional plans and
specifications as may reasonably be required by the appropriate
department of the city. The plans and specifications approved by the
appropriate department of the City shall not be amended or modified
in any material respect subsequent to such date of approval without
the prior written approval of either or both the City or the Agency,
as applicable.
Section 10. Remedies. In the event the Participating
Owner breaches any of its covenants or obligations under this
Agreement, the Participating owner shall, at the option of the Agency
() and upon demand by the Agency to the Participating owner, immediately
reimburse to the Agency the amount of the Agency Assistance. As a
further and cumulative remedy, the Participating owner, for itself,
legal representatives, successors and assigns, agrees that the
Agency, its successors and assigns, shall have the right and power to
institute and prosecute any proceeding at law or in equity to enforce
any covenants and agreements herein contained and to enjoin the
threatened or attempted violation thereof by the Participating owner,
legal representatives, successors, tenants and assigns and/or to
collect damages from the aforesaid, whomsoever of which may violate
said covenants and aqreements; and in addition, the Participating
Owner for itself, legal representatives, successors and assigns does
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hereby grant the Agency such right and power to institute and
o prosecute such proceedings.
The remedies for the benefit of the Agency set forth in
this section 10 shall be in addition to any and all other remedies
available to the Agency under this Agreement or as a matter of law.
The parties acknowledge and agree that the Agency may exercise any
and all legal and equitable remedies available to the Agency under
the laws of the State of California to enable the Agency to exercise
the rights of the Agency hereunder and to enforce the provisions of
this Agreement including, but not limited to, those which are
contained in this Section 10.
The Participating OWner further agrees to pay upon written
o demand of the Agency all costs, fees and expenses of the Agency
including, but not limited to, attorneys' fees, court costs and costs
attributable to Agency Staff time, incurred in connection with any
enforcement by the Agency of the provisions of this Section 10 or the
seeking of any remedies legally available to the Agency related to
this Agr.e_nt.
In the event the Agency breaches any of its covenants or
obligations under this Agreement, the Participating Owner may
exercise all legal and equitable remedies available to the
Participating OWner under the laws of the State of California.
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Section 11.
Obliaation to Obtain Financina. The Agency
C> shall have no obligation or commitment to provide any form of
financial assistance to the Participating OWner in connection with
the Property or the completion of the Project, except as is
specifically provided in this Agreement.
S.ction 12.
Notices. All notices and demands of any
kind which any party hereto may be required to serve upon any other
party under the terms of this Agreement shall be served in writing on
such other party by personal service or by leaving a copy of such
notice or demand at the address hereinafter set forth, whereupon
service shall be deemed complete and notices and demands shall be
deemed to have been received on the date of such personal service; or
by mailing a copy thereof by certified or registered mail, postage
C> prepaid, airmail if the address is outside the State in which the
same is mailed, with return receipt requested, addressed as follows:
If to the Agency:
Redevelopment Agency of the City of
San Bernardino
201 North "E" Street, Third Floor
San Bernardino, California 92401-1507
Attention: Executive Director
with copy to:
Sabo & Green
6320 Canoga Avenue
Suite 400
Woodland Hills, California 91367
Attention: Timothy J. Sabo
If to the
Participating OWner:
Taco Tia, Inc.
2396 Steel Road
Colton, California 92324
Attention: Tod Mc Donald, President
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In case ot service by mail, service shall be deemed complete and
o notices and d_ands shall be de_ed to have been received at the
expiration ot the third calendar day atter the date ot mailinq,
notwithstandinq any other date tor receipt set torth on any return
receipt or the tailure of any party to receive a return receipt. The
addresses to which notices and demands may be delivered or sent may
be chanqed trom time to time by service ot notice as hereinabove
provided by any party upon the other party.
Sect:ion 13.
ADDlicabili~v of Laws and Litiaation Cost_.
This Aqre_ent shall be construed and entorced in accordance with the
laws ot the state ot Calitornia. Should any action be brouqht in any
court of competent jurisdiction, the prevailinq party in such action
shall be entitled to reimbursement by the other party for all
o reasonable attorney's fees, court costs and other costs related to
such litiqation.
Section 14.
Nondiscrimination and Related Covenants.
The Participatinq OWner aqree. that, in addition to the other
provision. .et torth in this Aqreement, every conveyance ot the
Property, in whole or in part to the extent as permitted pursuant to
this Aqre_ent, shall, in addition to any other covenants, contain
covenants on the part ot the Participatinq OWner, for itselt, its
successors and as.iqns ot the Property and which covenant. shall be
covenant. runninq with the land and shall bind the Participatinq
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OWner, its successors and assiqns and all persons claiminq under or
4:) throuqh it to effectuate the followinq:
(a) That the work of the redevelopment of the Property or
part or parts thereof as in this Aqreement provided shall be
implemented as intended by this Aqreement.
(b) That there shall be no discrimination aqainst or
seqreqation of any person or qroup of persons on account of race,
color, creed, reliqion, sex, marital status, national oriqin, or
ancestry in the sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the premises to be conveyed, nor shall the
Participatinq OWner or any qrantees or any persons claiminq under or
throuqh the Participatinq OWner establish or permit any such practice
4:) or practices of discrimination or seqreqation with reference to the
selection, location, number, use or occupancy of tenants, lessees,
subtenants, sublessees or vendees in the premi.e. to be conveyed.
(c) That, after the satisfactory completion of the Project
made nece.sary by this Aqre..ent, the Property shall be devoted to
the uses specified in this Aqreement and consistent with the
Redevelopment Plan and shall not, in whole or in part, be devoted to
any other use or used for any other purposes.
(d) That such aqreements and covenants shall run with the
land, and shall inure to the benefit of and be enforceable by the
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Agency, its successors and assigns. Furthermore, it is intended and
o agreed that the covenants contained in subsection (b) of this
Section 14 shall remain in effect without limitation as to time.
(e) Such agreements and covenants shall run in favor of
the Agency for the entire period during which such agreements shall
remain in force and effect without regard to whether the Agency has
at any time been, remains, or is an owner of any land or interest
therein to which these covenants relate. In the event of any breach,
the Agency shall have the right to exercise all the rights and
remedies available at law or in equity to enforce the curing of such
breach.
(f) That no portion of the Project or the Property shall
() be sold or used by any tax-exempt entity for the duration of the
Redevelopment Plan without written consent of the Agency.
It is the intent hereof that the provisions of subsections
(a) through (f), inclusive, hereof shall survive the termination of
the other operative provisions of this Agreement and as may
additionally be required by the Constitution and laws of the State of
California and the Law.
Section 15. Certificate of COIllDletion. The Agency, its
successors and assigns agree that upon the full compliance by the
Participating OWner with the terms of this Agreement which pertain to
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the construction ot the Project upon the Property, and following
4:) completion ot the Project, the receipt by the Agency of a written
request trom the Participating owner for a Certificate of Completion
and notification that the Property is ready for occupancy, the Agency
shall provide promptly and furnish to the Participating owner a
Certiticate ot Completion, substantially in the form as attached
hereto aB Exhibit "0", certifying that the construction and
acquisition or installation of the Project, as required pursuant to
this Agreement, has been completed to the satisfaction of the Agency,
its succeSBors and assigns. Upon issuance of the Certificate ot
Completion by the Agency, each ot the covenants, restrictions,
warranties and conditions contained in this Agreement relating to the
construction of the Project shall be deemed satisfied and shall
terminate.
()
Section 16. auee.s.ors and A..ians: Assianment:. The
provisions ot this Agreement shall be binding upon and inure to the
benetit ot the heirs, executors, administrators, successors and
assigns of the parties hereto. The Participating Owner shall not
assign, transter or in any manner hypothecate any or allot the
rights and obligations of the Participating owner under this
Agreement or with respect to the Property without the prior written
approval and consent ot the Agency.
Sect.ion 17. Event.s ot Detault.. "Event of Default"
wherever used in this Section, means anyone ot the following events
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(whatever the reason for such Event of Default and whether it shall
() be voluntary or involuntary, or be effectual by operation of law
pursuant to any judgment, decree or order of any court or any order,
rule or regulation of any administrative or qovernmental body
superior to the Aqency):
()
()
(a) Default in the performance, or breach, of any
provision of this Aqreement by the Participatinq Owner, and
continuance of such Default or breach for a period of thirty (30)
calendar days after the Aqency has qiven notice as specified in
Section 12, and requirinq it to be remedied and statinq that such
notice is a "Notice of Default" hereunder; or
(b) The entry of a decree or order by a court havinq
jurisdiction in the premises adjudqinq the Participatinq Owner
bankrupt or insolvent, or approvinq as properly filed a petition
seekinq reorqanization, arranqement, adjustment or composition of or
in respect of the Participatinq Owner under the Federal Bankruptcy
Act or any other applicable federal or state law, or appointinq a
receiver, liquidator, assiqnee, trustee, sequestrator, or other
similar official of the Participatinq Owner or of any substantial
part of its property, or orderinq the windinq up or liquidation of
its affairs, and the continuance of any such decree or order unstayed
and in effect for a period of thirty (30) calendar days; or
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(c) The institution by the Participatinq Owner of
proceedinqs to be adjudqed bankrupt or insolvent, or the consent by
it to the institution of bankruptcy or insolvency proceedinqs aqainst
it, or the filinq by it of a petition or answer or consent seekinq
reorqanization or relief under the Federal Bankruptcy Act or any
other applicable federal or state law, or the consent by it to the
filinq of any such petition or to the appointment of a receiver,
liquidator, assiqnee, trustee, sequestrator (or other similar
official) of the Participatinq owner or of any substantial part of
its property, or the makinq by it of an assiqnment for the benefit of
creditors, or the admission by it in writinq of its inability to pay
its debts qenerally as they become due, or the takinq of corporate
action by the Participatinq owner in furtherance of any such action.
Section 18. Entire Aareemen't: Amendment. Except as
otherwise expressly provided herein, this Aqreement constitutes the
entire aqreement between the parties pertaininq to the subject matter
hereof and supersedes all prior and contemporary aqreements and
understandinqs. The parties intend this Aqreement to be the final
expression of their aqreement with respect to the terms hereof and a
complete and exclusive statement of such terms. No modification,
amendment or waiver of any term hereof shall be bindinq unless
executed in writinq by any party or parties to be bound thereby.
This Aqreement may be amended from time-to-time as deemed
necessary by the parties hereto upon written instruments duly
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approved and executed by the parties hereto. Any such amendments or
() modification. shall be valid, bindinq and leqally enforceable only if
in written form and executed by both the Participatinq OWner and the
Aqency after the same have been duly approved and authorized for
execution.
Section 19. Severability. Each and every section of
this Aqre_ent i., and shall be construed to be, a separate and
independent covenant and aqreement. If any term or provision of this
Aqreement or the application thereof shall to any extent be invalid
or unenforceable, the remainder of this Aqre_ent, or the application
of such term or provision to circumstance. other than those to which
it is invalid or unenforceable shall not be affected thereby, and
each term and provision of this Aqreement shall be valid and shall be
() enforced to the extent permitted by law.
section 20. Section .Headinas. The headinqs of the
several sections of this Aqreement are inserted solely for
convenience of reference, and are not a part of and are not intended
to qovern, limit or aid in the construction of any term or provision
hereof.
Section 21. Meanina of Terms. Where the context so
requires, the use of the masculine qender shall include the feminine
and the neuter qender, and the sinqular shall include the plural and
vice versa.
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section 22. Ind"lIIftiric~tion. It is understood and
4:) agreed that no orricial, employee or agent of the Agency shall be
personally liable to the Participating owner or to anyone else as to
any obligation or obligations under the terms of this Agreement. The
Participating owner shall save the Agency, and all parties in privity
to it, harmless from all claims, demands, causes of action, expenses,
and liability of whatsoever kind or nature which may arise out of,
because of, concerning, or incident to the performance of the
Participating owner under this Agreement, including all court
actions, costs and expenses and attorney's fees relative to the
Agency being a party to this Agreement as may be initiated by the
Participating owner or any third party for any reason whatsoever,
including any claims for damages or with respect to personal injuries
on the Property.
()
Sec't.ion 23.
Effective Oat. of This Aareement:: Execution;
Term of Aareement. This Agreement shall not be effective for any
purpose whatsoever or binding and enforceable upon the Agency until
such time as this Agreement has been approved pursuant to official
action of the Agency in accordance with a duly adopted and approved
Agency resolution authorizing the Chairman and Secretary of the
Agency to execute this Agreement on behalf of the Agency. This
Agreement may be executed in original counterparts, each of which
shall be deemed to be an original for all purposes, and such
counterparts shall constitute one and the same instrument. This
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Agreement shall remain in full force and effect until all of the
4:> obligations hereunder have been satisfied in full.
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IN WITNESS WHEREOF, the parties hereto have executed this
4:) Agreement on the year and day first hereinabove written.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
(SEAL)
Attest:
By:
Secretary
Approved as to Form:
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"PARTICIPATING OWNER"
TACO TIA, INC.,
a California corporation
BY:
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Me Donald,
President
the corporation thlreln named. and acknowledged to me that
suchcorporatton executedthlwlthm lnatrument pursuant to ItI
by-I.... 0'. rnoIutlon of ita board of dlrectora.
. 0 WlTliIESSmyhancl,ando Iclal_L
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~gJ~Fo~ALIF~IA,g.....A.Jh?I.IJAlb 1'"
On ~~A>;.e --7(" / "If/ beloreme,lhaunderalgned,. Nolary Public In.nd 101
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saidSlale,personally.ppaa,'" / ~ "I/I~n_ - .nd
I personally known to me (or proved to me on the
balls of satisfactory evidence) to be the person. who executed the within Instrument ,-
Pra.I_Iand Secretary, on behalf 01 7" ~ "T/A... ~JC/(! .
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com..... ....,
KIMBERLY KING
NOTARY PUBLIC. CALIFORNIA
SAN BERNARDiNO COUNTY
My Commlalon ExpIres Nov. 20. 1992
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(Thl..... "" oNlclal not.rIal_,
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EXHIBIT "A"
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LEGAL DESCRIPTION
()
PARCEL 1:
The South 42 feet of Lots 1 and 2, Block 9, Martin Tract, in the City of San
Bernardino, State of California as per plat recorded in Book 3 of Maps, Page
27, in the County of San Bernardino.
PARCEL 2:
Lots 9, 10, and 11, Block 9, Martin Tract, in the City of San Bernardino,
State of California, as per plat recorded in Book 3 of Maps, Page 27, in the
County of San Bernardino.
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EXHIBIT "B"
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SCOPB OF DBVBLOPMBBT
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All demolition, relocation and conetruction of existina and new utilities
services and ri&ht-of-w., improvements required to accomplish the widening of
Mt. Vernon Avenue and Mill Street to it. ultimate width a. designated by the
Ci ty of San Bernardino'. enaineering leneral plan. These improvements shall
be constructed only as required to the parcels as described in Exhibit "A".
()
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EXHIBIT "C"
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DESCRIPTIOR OF PUBLIC IMPROVEMBRTS
All street, driveway, sidewalk and utility servicea within the public
right-of-way providina services to the parcels as noted in Exhibit "A".
Inclusive of, but not entirely limited to, the followina:
1. Demolition of ezistina street, driveway and sidewalk improvements.
2. Relocation of ezistina utility services, manholes, traffic sianals,
poles, sians and fire hydrants.
3.
Construction and installation of all street pavina, concrete curbs
and gutters, driveways and sidewalks.
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EXHIBIT "0"
c
When Recorded, Mail to:
CERTIFICATE OF COMPLETION
We, , Chairman and ,
Secretary of the Red$velopment Aqency of the City of San Bernardino
hereby certify as follows:
By its Resolution No. , adopted and approved
, 199_, the Redevelopment Aqency of the City of
San Bernardino has resolved as follows:
() Section 1. The improvements (or that certain portion of
the improvements described as ) required to
be constructed in accordance with that certain owner Participation
Agreement (the "Aqreement") dated , 199_, by and between
the Redevelopment Agency of the City of San Bernardino and Taco Tia,
Inc., a California corporation (the IIparticipatinq owner") on that
certain real property more fully described in Exhibit "A" attached
hereto and incorporated herein by this reference have been completed
in accordance with the provisions of said Aqreement.
Section 2. This Certificate
constitute a conclusive determination of
of Completion shall
satisfaction of the
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agreements and covenants contained in the Agreement with respect to
4C) the obligations of the Participating OWner, and its successors and
assigns, to construct the improvements and the dates for the
beginning and completion thereof; provided, however, that the Agency
may enter the Property for purposes of enforcing any covenant of the
Agreement and shall have the right to offset such expenditures
against sums otherwise due to the Participating Ownel:' under the
Agreement. Said Agreement is an official record of the Redevelopment
Agency of the City of San Bernardino and a copy of said Agreement may
be inspected in the office of the Secretary of the Redevelopment
Agency of the city of San Bernardino located at 201 North "E" Street,
Third Floor, San Bernardino, California 92401-1507 during regular
business hours.
()
Section 3.
The real property to which this certificate
of Completion pertains is more fully described in Exhibit "A"
attached hereto.
DATED AND ISSUED this
day of
, 199_.
Chairman of the
Redevelopment Agency of the
City of San Bernardino
(SEAL)
ATTEST:
Secretary of the
Redevelopment Agency of
City of San Bernardino
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STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF
On this day of , 1991, before me, the
undersigned, a Notary Public in and for the said county and state,
personally appeared known to me to be the
Chairman and known to me to be the
Secretary, respectively, of the Redevelopment Agency of the city of
San Bernardino (the "Agency"), who executed the within instrument on
behalf of said Agency therein named, and acknowledged to me that such
Agency executed the with instrument pursuant to a resolution of said
Agency.
WITNESS my hand and official seal.
(SEAL)
Notary Public in and for the
State of California
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EXHIBIT "A"
(Legal Description)
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STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF
this day of , 1991, before me, the
a Notary Public in and for the said County and State,
appeared and
, personally known to me or proved to me on the
basis of satisfactory evidence to be the and
, respectively, of the Redevelopment Agency of the City of
San Bernardino (the "Agency"), who executed the within instrument on
behalf of said Agency therein named, and acknowledged to me that such
Agency executed the within instrument pursuant to a resolution of
said Agency.
On
undersigned,
personally
WITNESS my hand and official seal.
[SEAL)
Notary Public in and for the
State of California