HomeMy WebLinkAboutR01-Economic Development Agency
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o VEL 0 !' II E 111 r DE P A RO Ell r
OF THE CIn OF SAlII BERlWlDIlIIO
REOUEST FOR COIIUSSIOll/COUlllCIL ACTIOII
From: KENNETH J. HENDERSON
Executive Director
Subject:
AllERICAlII lIIATIOIfAL CAllI
COIIPAlIIY OWIIBR PAIlTICIPA-
rIOII AGbuwn (OPA)
Date: October 29, 1991
SvnoDsis of Previous CnMMfssion/Cnnnpil/Cn--fttee Action(s):
On January 24, 1991, the Redevelopment Committee considered this matter
and requested staff to proceed as recommend. On April 15, 1991, the
Community Development Commission approved deal points and authorized
Agency Counsel to prepare an agreement between the Community Development
Commission and American National Can Company. The matter was continued
several times, while specific language was negotiated.
Recommended 1I0tion(s):
(C~itv Deve]n-....t C.....fssion)
IIOTIOII A: That the Community Development Commission authorize the
Executive Director of the Development Department to execute the
attached agreement with American National Can Company, to make
non-substantive changes in the agreement as approved by Agency
Counsel, and to execute any additional documents required to
carry out the purposes of the agreement.
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(Motions continued next page...)
Administrator
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Execnth'e Direc r
Contact person(s): Ken Henderson/John Hoeaer
Phone:
5081
Project Area(s):
Northwest (NW)
Ward(s) :
Six (6)
Supporting Documentation Attached:
Staff ReDort: Aareement
FUNDING REQUIREMENTS:
Amount: *603.750.00
Source:
rI/Sewer CaD. Riahts
Budget Authority:
FY 1991/1992 AdoDted Budaet
Commission/Council lIotes:
KJH:JBH:kak:dlm:4247H
COIMISSIOII IlEETIlIIG AGENDA
lIeeting Date: 11/04/1991
Agenda Itea 1110:
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DEVELOPMUr DEPftJ:I'WU REQUEST FOR ACTIOR COBTIBUED...
American RatiOJUll Can COIIIplIJIy OPA
October 29, 1991,
Page Bumber -2-
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Reco_ended MotionCsl Continued:
CCo_itv Deve1o_ent Coaaissionl
MOrIOR B: That the Community Development Commission authorize execution of
the attached note to the City of San Bernardino in the amount of
Three Hundred Seventy-Seven Thousand, Seven Hundred Fifty
Dollars ($377,750.00) for five years at six percent (6%)
interest effective September 30, 1991.
KJH:JBH:kak:dlm:4247H
COIMlSSIOR MlETIBG AGEMlA
Meeting Date: 11/04/1991
Agenda It_ Ro: --L-
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o V B LOP M B II T DB P A R~ B II T
or THE CITY or SAlI BBUARDlII"
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STAFF REPORT
Aaericm lIaticmal Cm ComDlUlV OPA
Since October of 1990, staff has been in contact with representatives from
Americm National Cm Company (ANCC) regarding the acquisition of land in
the Northwest Redevelopment Project Area Industrial Park and the
development of m ANCC can-making facility. Americm National Cm Company
has previously commissioned soils and related rests from local firm and on
April 24, 1991, exercised its option to purchase approximately twenty-five
(25) acres where the proposed facility will be located.
ProDosed Proiect
Following is a summary of the proposed project:
1. The proposed plant would be approximately 220,000 square feet in site.
The zoning is IH.
2. Recent changes in the Development Code will allow the construction of a
metal building without the filing of a Conditional Use Permit (CUP)
application.
3. The plant would be a twenty-four (24) hour/three-hundred, sixty-two
(362) day a year operation.
4. The completed development value is estimated at $45,000,000, which will
generate approximately $450,000 a year in tax increment, of which
$363,000 would come to the Department.
5. The plant would have its own internal wastewater treatment plan and
would use approximately 75,000 gallons of water per day. The plant
would also be a significant consumer of electricity.
6. Approximately one-hundred, twenty (120) jobs will be generated, with
additional jobs to be generated as a result of future expansion.
ProDosed ARreement
On April 15, 1991, the Community Development Commission approved deal
points with American National Can Company, as follows:
1. Development Department to grant one-hundred (100) sewer capacity rights
valued at $226,000 to ANCC as partial payment of the anticipated
$603,750 for sewer capacity charges. In view of the April 15th
approval of the deal points, the charges for sewer capacity rights are
calculated as of September 30, 1991.
KJH:JBH:kak:dlm:4247H
COIBISSIO. MBBTIIm AGBMlA
Meeting Date: 11/04/1991
Agenda Item 110:
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DEVELOPMEIIT DEP~ STAFF REPORT
American Natio~1\"...," Company OPA
October 29, 1991 .~
Page I!IuIIIber -3-
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2. Development Department to finance with Municipal Water Department
difference of $377,000 over five (5) years. These payments would be
made as the property tax increment is generated by the project. The
attached note provides for annual installments of principal and
interest at six-percent (6%), again, the rates are those that were in
effect on September 30, 1991.
3. Development Department to facilitate, to the extent possible, the
acquisition by ANCC of Job Training and Partnership Act (JTPA)
assistance from the San Bernardino Employment Training Agency (SBETA).
Citv/Deve10oment DeDartment Benefits
These deal points allow the City to gain in number of important ways, as
follows:
1. Increasing of our tax base.
2. Generation of one-hundred, twenty (120) new jobs.
3. Generation of additional tax increment for the Northwest Redevelopment
Project Area (sorely needed in light of assistance package for West
Side Plaza).
4. Significant water usage which greatly assists cashflow of Municipal
Water Department.
5. Significant payer of utility tax, thereby assisting City General Fund.
6. Increases momentum for additional development in Northwest and State
College Industrial Parks.
RecoDlllendations
Based upon the above information, Agency Counsel has prepared and staff has
negotiated the attached Owner Participation Agreement (OPA), which is now
submitted for Commission consideration.
Staff recommends adoption of the form motions.
Director
KJH:JBH:kak:dlm:4247H
COMMISSION MEETING AGENDA
Meeting Date: 11/04/1991
Agenda Item No:
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OWNER PARTICIPATION AGREEMENT
THIS AGREEMENT IS ENTERED INTO THIS day of
1991, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO (the "Agency"), and AMERICAN NATIONAL CAN COMPANY, a
Delaware Corporation (the "Participant"). Agency and Participant
hereby agree as follows:
I. [100] SUBJECT OF AGREEMENT
A. [101] Purpose of Agreement
The purpose of this Agreement is to effectuate
the Redevelopment Plan for the Northwest Redevelopment Project
(the "Project") by providing for the development of the Site,
which is situated within the Northwest Redevelopment Project Area
(the "Project Area") of the Project. This Agreement is entered
into for the purpose of developing the Site and not for
speculation in land holding. The completion of the development of
the Site pursuant to this Agreement is in the vi tal and best
interest of the City of San Bernardino, California (the "City")
and the health, safety and welfare of its residents, and in accord
with the public purposes and provisions of applicable state and
local laws and requirements under which the Project has been
undertaken.
B. [102] The Redevelopment Plan
The Redevelopment Plan was approved and adopted on
July 6, 1982, by Ordinance No. MC-189 of the Common Council of the
City of San Bernardino; said ordinance and the Redevelopment Plan
as so approved (the "Redevelopment Plan") are incorporated herein
by reference.
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1 C. [103] The Site
2 The Site is that certain real property designated
3 on the Site Map (Attachment No.1) and described in the "Legal
4 Description of the Site", which is attached hereto as Attachment
5 No. 2 and is incorporated herein by this reference.
6 The Site is that certain real property, title to
7 which is held by the Participant.
8 O. [104] Parties to the Agreement
9 1. [105] The Agency
10 The Agency is a public body, corporate and
11 politic, exercising governmental functions and powers and
12 organized and existing under Chapter 2 of the Community
13 Redevelopment Law of the State of California (Health and Safety
14 Code Section 33020 et seq.). The principal office of the Agency
15 is located at 300 North "0" Street, San Bernardino, California
16 92418.
17 "Agency", as used in this Agreement, includes the
18 Redevelopment Agency of the City of San Bernardino, and any
19 assignee of or successor to its rights, powers and
20 responsibilities.
21 2. [106] The Participant
22 The Participant is American National Can Company,
23 a Delaware Corporation. The principal office and mailing address
24 of the Participant for purposes of this Agreement is 8770 West
25 Bryn Mawr Avenue, Chicago, IL 60631-3542.
26 The Participant qualifies as an owner participant
27 pursuant to the Redevelopment Plan and rules promulgated pursuant
28 thereto pertaining to owner participation.
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1 3. [107] Prohibition Against Change in
2 Ownership, Management and Control of
3 the Participant
4 The qualifications and identity of the
5 Participant are of particular concern to the City and the Agency.
6 It is because of those qualifications and identity that the Agency
7 has entered into this Agreement with the Participant. No
8 voluntary or involuntary successor in interest of the Participant
9 shall acquire any rights or powers under this Agreement except as
10 expressly set forth herein.
11 The Participant shall not assign all or any part
12 of this Agreement or any rights hereunder without the prior
13 wri tten approval of the Agency, which approval the Agency may
14 grant, withhold or deny at its discretion. In the event of such
15 transfer or assignment: (1) the assignee shall expressly assume
16 the obligations of the Participant pursuant to this Agreement in
17 writing satisfactory to the Agency: (2) the original Participant
18 shall remain fully responsible for the performance and liable for
19 the obligations of the Participant pursuant to this Agreement: and
20 ( 3 ) any guarantees provided to assure the performance of the
21 Participant. s obligations under this Agreement shall remain in
22 full force and effect.
23 In the absence of specific written agreement by
24 the Agency, no such transfer, assignment or approval by the
25 Agency, shall be deemed to relieve the Participant or any other
26 party from any obligation under this Agreement.
27 All of the terms, covenants and conditions of
28 this Agreement shall be binding upon and shall inure to the
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1 benefit of the participant and the permitted successors and
2 assigns of the Participant. Whenever the term "Participant" is
3 used herein, such term shall include any other permitted
4 successors and assigns as herein provided.
5 The restrictions of this Section 107 on assignment
6 of this Agreement shall not apply to the assignment to a
7 subsidiary or sister company.
8 The restrictions of this Section 107 shall
9 terminate and be of no further force and effect upon the issuance
10 .by the Agency of a Certificate of Completion in the form attached
11 hereto as Attachment No. 5 as provided in Section 324 upon
12 completion of the Participant Improvements described in Section
13 302 of this Agreement and Attachment No.4.
14 II. [200] CONDITION OF THE SITE
15 A. [201] Vesting of Title to the Site
16 As of the date of this Agreement Title to the Site is
17 vested in Participant.
18 B. [202] Condition of the Site
19 Participant assumes all risk and responsibility for
20 any demolition and clearance of the Site as necessary for the
21 provision of Participant Improvements. Participant assumes all
22 risk and responsibility as to the suitability of the Site for the
23 proposed development. Agency makes no representations or
24 warranties concerning the Site, its suitability for the use
25 intended by the parti?ipant, or the surface or subsurface
26 condi tions of the Si te. If the soil or other surface or
27 subsurface conditions of the Site are not in all respects entirely
28 suitable for the use or uses to which the Site will be put as of
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the date of this Agreement, Participant shall not be excused from
further performance under this Agreement and it shall be the
responsibility and obligation of Participant and not Agency to
take such action as may be necessary to place the Site in a
condition entirely suitable for the commencement, development, and
completion of the Participant Improvements.
Should Agency agree, which agreement shall not be
unreasonably withheld, that unforeseen changes in the
circumstances are so significant as to make it commercially
impractical to complete the project improvements, Participant may
terminate this Agreement upon repayment to Agency of any and all
costs and expenses incurred by Agency in connection with this
Agreement.
III. [300] DEVELOPMENT
A. [301] Development by Participant
Participant and Agency agree that the central purpose
of this Agreement is to provide for the development of the Site in
a manner consistent with the Redevelopment Plan. Participant
shall develop on the Site a beverage can plant of at least 200,000
square feet, with an assessed value of at least $45,000,000.
1. [302] Scope of Development
The Site shall be developed by Participant as
provided in the "Scope of Development", which is attached hereto
as Attachment No. 4 and is incorporated herein.
The development shall include any plans and
specifications submitted to Agency for approval, and shall
incorporate or show compliance with all applicable mitigation
measures and entitlements.
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1 2. [303] Design Concept Drawings
2 By the respective times set forth therefor in the
3 Schedule of Performance (Attachment No.3), Participant shall
4 prepare and submit to the City of San Bernardino ("The City") for
5 its approval Design Concept Drawings and related documents
6 containing the overall plan for development of the Site. The Site
i shall be developed as established in this Agreement and such
8 documents, except as changes may be mutually agreed upon between
9 Participant and Agency. Any such changes shall be wi thin the
10 limitations of the Scope of Development (Attachment No.4) except
11 as may be amended by written agreement of the parties.
12 3. [304] Construction Drawings and Related
13 Documents
14 By the time set forth therefor in the Schedule of
15 Performance (Attachment No.3), Participant shall prepare and
16 submit to the City, construction drawings, landscape plan, and
17 related documents for development of the Property for
18 architectural review and written approval.
19 The landscaping and finish grading plans shall be
20 reviewed and approved by a professional landscape architect who
21 may be the same firm as Participant's landscape architect.
22 The Staff of Agency and Participant shall
23 communicate and consult as frequently as is necessary to
24 coordinate the preparation of, submission to, and review of
25 drawings, plans and related documents and to insure that the
26 formal submittal of any documents to Agency and City can receive
27 prompt and complete consideration.
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1 4. [305] Cost of Construction
2 The cost of developing the Property and
3 constructing all Participant Improvements thereon shall be borne
4 by Participant except as provided in Section 315.
5 5. [306] Construction Schedule
6 Participant shall promptly begin and thereafter
i diligently prosecute to completion the con~truction of the
8 Participant Improvements and the development of the Property.
9 Participant shall begin and complete all construction and
10 development of the Participant Improvements within the times
11 specified in the Schedule of Performance (Attachment No.3).
12 Participant shall strictly conform to all time requirements and
13 limitations set forth in this Agreement.
14 6. [307] Bodily Injury and Property Damage
15 Insurance
16 Participant shall defend, assume all
17 responsibility for and hold the Agency, the City, and their
18 respective officers, agents and employees, harmless from, all
19 claims or suits for, and damages to, property and injuries to
20 persons, including accidental death (including attorneys fees and
21 costs), which may be caused by any of Participant's activities
22 under this Agreement, whether such activities or performance
23 thereof be by the Participant or anyone directly or indirectly
24 employed or contracted with by Participant and whether such damage
25 shall accrue or be discovered before or after termination of this
26 Agreement. Participant shall take out and maintain a
27 comprehensive liability and property damage policy in the amount
28 of One Million Dollars ($1,000,000) combined single limit pOlicy,
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including contractual public liability, as shall protect
Participant, City and Agency from claims for such damages until
two (2) years after the issuance of a Certificate of Completion
for all of the Participant Improvements.
Participant shall furnish a certificate of
insurance countersigned by an authorized agent of the insurance
carrier on a form of the insurance carrier setting forth the
general provisions of the insurance coverage. This countersigned
certificate shall name the City and Agency and their respective
officers, agents, and employees as additional insureds under the
policy. The certificate by the insurance carrier shall contain a
statement of obligation on the part of the carrier to notify City
and the Agency of any material change, cancellation or termination
of the coverage at least thirty ( 30) days in advance of the
effective date of any such material change, cancellation or
termination. Coverage provided hereunder by Participant shall be
primary insurance and not contributing with any insurance
maintained by Agency or City, and the policy shall contain such an
endorsement. The insurance pOlicy or the certificate of insurance
shall contain a waiver of subrogation for the benefit of the City
and Agency.
Participant shall also furnish or cause to be
furnished to Agency evidence satisfactory to Agency that any
contractor with whom it has contracted for the performance of work
on the Site or otherwise pursuant to this Agreement carries
workers' compensation insurance as required by law.
III
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1 7. [308] City and Other Governmental Agency
2 Permits
3 Before commencement of the Participant
4 Improvements or other construction or development of any
5 buildings, structures or other works of improvement upon the Site,
6 Participant shall, at its own expense, secure or cause to be
7 secured any and all permits which may be required by the City or
8 any other governmental agency affected by such construction,
9 development or work.
10 8. [309] Rights of Access
11 For the purpose of assuring compliance with this
12 Agreement, representatives of Agency and the City shall have the
13 right of access to the Site, without charges or fees, at normal
14 construction hours during the period of construction for the
15 purposes of this Agreement, including, but not limited to, the
16 inspection of the work being performed in constructing the
17 improvements, so long as they comply with all safety rules. Such
18 visits shall be subject to reasonable advance notice to
19 Participant, except that in unusual circumstances, visits may be
20 made without notice. Such representatives of Agency or of the
21 City shall be those who are so identified in writing by the
22 Executive Director of Agency, not to exceed three at anyone time.
23 Agency shall hold the Participant harmless from any bodily injury
24 or related damages arising out of the activities of Agency and the
25 City as referred to in this Section 309 unless resulting from the
26 negligence or willful misconduct of Participant. This Section 309
27 shall not be deemed to diminish or limit any rights which the City
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or Agency may have by operation of law irrespective of this
Agreement.
9. [310] Local, state and Federal Laws
Participant shall carry out the construction of
the Participant Improvements and all related activities on the
Site in conformity with all applicable laws, including all
applicable federal and state labor standards: provided, however,
Participant and its contractors, successors, assigns, transferees,
and lessees are not waiving their rights to contest any such laws,
rules or standards.
10. [311] Antidiscrimination During Construction
Participant, for itself and successors and
assigns, agrees that in the construction of the improvements
provided for in this Agreement, Participant shall not
discriminate against any employee or applicant for employment
because of race, color, creed, religion, age, sex, marital status,
handicap, national origin or ancestry.
B. [312] Taxes, Assessments, Encumbrances and Liens
Prior to issuance of a Certificate of Completion with
respect to all of the Participant Improvements pursuant to this
Agreement, Participant shall not place or allow to be placed on
the Site or any part thereof any mortgage, trust deed, encumbrance
or lien other than as expressly allowed by this Agreement.
Participant shall remove or have removed any levy or attachment
made on any of the Si:t;e .or any part thereof, or assure the
satisfaction thereof within a reasonable time but in any event
prior to a sale thereunder.
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Prohibition Against Transfer of the Site,
the Buildings or Structures Thereon and
Assignment of Agreement
Prior to the issuance by the Agency of a Certificate of
Completion as to any building or structure, Participant shall not,
except as permitted by this Agreement, without the prior written
approval of Agency, make any total or partial sale, transfer,
conveyance, assignment or lease of whole or any part of the Site
or of the buildings or structures on the Site. This prohibition
shall not be deemed to prevent a transfer expressly. permitted
pursuant to Section 107 of this Agreement, or the granting of
temporary or permanent easements or permits to facilitate the
development of the Site. This Section 313 shall not be construed
to restrict or limit the lease of individual buildings or portions
thereof by Participant in the ordinary course of business.
D. [314] Sewer Capacity Charge
1. [315] Sewer Capacity Rights
To partially offset the sewer capacity charge
anticipated to be imposed on the project by the Water Department
of the City of San Bernardino in the amount of Six Hundred Three
Thousand, Seven Hundred Fifty Dollars ($603,750.00), Agency shall
grant to participant One Hundred (100) sewer capacity rights
valued at Two Hundred Twenty Six Thousand Dollars ($226,000.00) by
the execution of a transfer document substantially in the form of
Attachment No.6. Such document shall be executed and the
transfer made when payment of the sewer capacity charge is
required by the Water Department.
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[313]
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1 2. [316] Payment of Remainder
2 Agency shall pay the remainder of the one time
3 sewer capacity charge to be imposed on the project, anticipated by
4 the parties to be Three Hundred Seventy Seven Thousand, Seven
5 Hundred Fifty Dollars ($377,750.00) but in no event shall the
6 Agency pay more than Four Hundred Thousand Dollars ($400,000.00).
7 Agency may by separate agreement or understanding with the Water
8 Department, finance this payment over a period of years.
9 E. [317] Mortgage, Deed of Trust, Sale and Lease-Back
10 Financing; Rights of Holders
11 1. [318] No Encumbrances Except Mortgages, Deeds
12 of Trust, or Sale and Lease-Back for
13 Development
14 Mortgages, deeds of trust and sales and leases-
15 back are to be permitted before completion of the construction of
16 the Participant Improvements, but only for the purpose of securing
17 loans of funds to be used for financing the construction of the
18 Participant Improvements or other improvements on the Site, and
19 any other purposes necessary and appropriate in connection with
20 development under this Agreement.
21 2. [319] Holder Not Obligated to Construct
22 Improvements
23 The holder of any mortgage or deed of trust
24 authorized by this Agreement shall not be obligated by the
25 provisions of this Agreement to construct or complete the
26 Participant Improvements or to guarantee such construction or
27 completion. Nothing in this Agreement shall be deemed to
28 construe, permit or authorize any such holder to devote the Site
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1 to any uses or to construct any improvements thereon, other than
2 those uses or Participant Improvements provided for or authorized
3 by this Agreement.
4 3. [320] Notice of Default to Mortgagee or Deed
5 or Trust HOlders; Right to Cure
6 Wi th respect to any mortgage or deed of trust
7 granted by Participant as provided herein, whenever Agency shall
8 deliver any notice or demand to Participant with respect to any
9 breach or default by Participant in completion of construction of
10 the Participant Improvements, Agency shall at the same time
11 deliver to each hOlder of record of any mortgage or deed of trus~
12 authorized by this Agreement a copy of such notice or demand.
13 Each such hOlder shall (insofar as the rights of Agency are
14 concerned) have the right, at its option, within thirty (30) days
15 after the receipt of the notice, to cure or remedy or commence to
16 cure or remedy any such default and to add the cost thereof to the
17 mortgage debt and the lien of its mortgage. Any such holder
18 properly completing such Participant Improvements shall be
19 entitled, upon compliance with the requirements of Section 324 of
20 this Agreement, to a Certificate of Completion (as therein
21 defined) .
22 4. [321] Failure of Holder to Complete
23 Improvements
24 In any case where, thirty (30) days after default
25 by the Participant in completion of construction of Participant
26 Improvements under this Agreement, the holder of any mortgage or
27 deed of trust creating a lien or encumbrance upon the Site or any
28 part thereof has not exercised the option to construct, or if it
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1 has exercised the option and has not proceeded diligently with
2 construction, Agency may purchase the mortgage or deed of trust by
3 payment to the hOlder of the amount of the unpaid mortgage or deed
4 of trust debt, including principal and interest and all other sums
5 secured by the mortgage or deed of trust.
6 5. [322] Right of the Agency to Cure Mortgage or
7 Deed of Trust Default
8 In the event of a mortgage or deed of trust
9 default or breach by Participant prior to the completion of any
10 part thereof and the holder of any mortgage or deed of trust has
11 not exercised its option to construct, Agency may cure the
12 default. In such event, Agency shall be entitled to reimbursement
13 from Participant of all proper costs and expenses incurred by
14 Agency in curing such default, or such costs and expenses may be
15 filed as a lien on the Site.
16 F. [323] Right of Agency to Satisfy Other Liens on
17 the Site
18 Prior to the completion of construction of the
19 Participant Improvements, and after Participant has had written
20 notice and has failed after a reasonable time, but in any event
21 not less than thirty (30) days, to challenge, cure, adequately
22 bond against, or satisfy any liens or encumbrances on the' Site
23 which are not otherwise permitted under this Agreement, Agency
24 shall have the right but not the obligation to satisfy any such
25 liens or encumbrances and to include the cost thereof as part of
26 the loan proceeds under Section 315.
27 III
28 III
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1 G. [324] Certificate of Completion
2 Promptly after completion of all Participant
3 Improvements in conformity with this Agreement and the issuance by
4 the City of San Bernardino of Certificates of Occupancy for all
5 buildings on the Site, Agency shall furnish Participant with a
6 Certificate of Completion (Attachment No.5) upon written request
7 therefor by Participant. Agency shall not unreasonably withhold
8 any such Certificate of Completion. The Executive Director may
9 execute such Certificate of Completion on behalf of Agency. Such
10 Certificate of Completion shall be a conclusive determination of
11 satisfactory completion of the construction required by this
12 Agreement upon the Site and the Certificate of Completion shall so
13 state. Agency may also furnish Participant with a Certificate of
14 Completion for portions of the improvements upon the Site as they
15 are properly completed and ready to use if Participant is not in
16 default under this Agreement. After recordation of such
17 Certificate of Completion, any party then owning or thereafter
18 purchasing, leasing or otherwise acquiring any interest in the
19 Site or the Participant Improvements shall not (because of such
20 ownership, purchase, lease or acquisition), incur any obligation
21 or liability under this Agreement except that such party shall be
22 bound by any covenants contained in the documents establishing
23 covenants on the Site in accordance with the provisions of Section
24 401 of this Agreement which shall be applicable according to its
25 terms.
26 If the Agency refuses or fails to furnish a Certificate
27 of Completion for the Site, or part thereof, after written request
28 from Participant, the Agency shall, within thirty (30) days of
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1 wri tten request therefor, provide Participant with a written
2 statement of the reasons Agency refused or failed to furnish a
3 Certificate of Completion. The statement shall also contain
4 Agency's opinion of the actions that Participant must take to
5 obtain a Certificate of Completion. If the reason for such
6 refusal is confined to the immediate availability of specific
7 items of materials for landscaping, Agency will issue its
8 Certificate of Completion upon the posting of a bond by the
9 Participant with Agency in an amount representing the value of the
10 work not yet completed. If Agency shall have failed to provide
11 such written statement wi thin said thirty (30) day period,
12 Participant shall be deemed entitled to the Certificate of
13 Completion.
14 Such Certificate of Completion shall not constitute
15 evidence of compliance with or satisfaction of any obligation of
16 the Participant to any holder of any mortgage, or any insurer of
17 a mortgage securing money loaned to finance the Participant
18 Improvements, or any part thereof. Such Certificate of Completion
19 is not a notice of completion as referred to in the California
20 Civil Code, Section 3093.
21 H. [325] Conditions, Covenants and Restrictions
22 Prior to the issuance of the Certificate of Completion
23 Participant shall prepare, and following approval by Agency shall
24 record conditions, covenants and restrictions affecting the Site
25 which shall, among othe~ things contained in this Agreement or
26 which Participant shall deem necessary, contain the
27 nondiscrimination provisions of Section 401.
28 III
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1 III. [400] USE OF THE SITE
2 A. [401] Uses
3 Participant covenants and agrees for itself, its
4 successors, its assigns, and every successor in interest to the
5 Site or any part thereof, that during construction and thereafter,
6 Participant and such successors and such assignees, shall devote
7 the Site to the uses specified in the Redevelopment Plan as may be
8 amended from time to time for the periods of time specified
9 therein. The Participant further covenants and warrants that
10 Participant shall develop improvements on the Site in accordance
11 with the Scope of Development (Attachment No.4). Participant
12 covenants to develop and operate the Site (or cause it to be
13 operated) in conformity with all applicable laws. The foregoing
14 covenants shall run with the land.
15 Participant covenants by and for itself and any
16 successors in interest that there shall be no discrimination
17 against or segregation of any person or group of persons on
18 account of race, color, creed, religion, sex, marital status, age,
19 handicap, national origin or ancestry in the sale, lease,
20 sublease, transfer, use, occupancy, tenure or enjoyment of the
21 Site, nor shall Participant itself or any person claiming under or
22 through it establish or permit any such practice or practices of
23 discrimination or segregation with reference to the selection,
24 location, number, use or occupancy of tenants, lessees,
25 subtenants, sublessees or vendees of the Site. The foregoing
26 covenants shall run with the land.
27 Participant shall refrain from restricting the rental,
28 sale or lease of the Site on the basis of race, color, creed,
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1 religion, sex, marital status, handicap, national origin or
2 ancestry of any person. All such deeds, leases or contracts shall
3 contain or be subject to substantially the following
4 nondiscrimination or non-segregation clauses:
5 1. In deeds: "The grantee herein covenants by and for
6 himself or herself, his or her heirs, executors,
7 administrators and assigns, and all persons claiming
8 under or through them, that there shall be no
9 discrimination against or segregation of, any person or
10 group of persons on account of race, color, creed,
11 religion, sex, marital status, age, handicap, national
12 origin or ancestry in the sale, lease, sublease,
13 transfer, use, occupancy, tenure or enjoyment of the
14 land herein conveyed, nor shall the grantee himself or
15 herself or any person claiming under or through him or
16 her, establish or permit any such practice or practices
17 of discrimination or segregation with reference to the
18 selection, location, number, use or occupancy of
19 tenants, lessees, subtenants, sublessees or vendees in
20 the land herein conveyed. The foregOing covenants
21 shall run with the land. n
22 2. In leases: "The lessee herein covenants by and for
23 himself or herself, his or her heirs, executors,
24 administrators and assigns, and all persons claiming
25 under or through him or her, and this lease is made and
26 accepted upon and subject to the following conditions:
27 "There shall be no discrimination against or
28 segregation of any person or group of persons on
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1 aooount of raoe, oolor, oreed, religion, sex, marital
2 status, handioap, age, anoestry or national origin in
3 the leasing, subleasing, transferring, use, oooupanoy.
4 tenure or enjoyment of the premises herein leased nor
5 shall the lessee himself or herself, or any person
6 olaiming under or through him or her, establish or
7 permi t any suoh practice or praotioes 9f discrimination
8 or segregation with referenoe to the seleotion,
9 10oation, number, use or oooupanoy of tenants, lessees,
10 sub1essees, subtenants or vendees in the premises
11 herein leased."
12 3. In contracts: "There shall be no disorimination
13 against or segregation of, any person, or group of
14 persons on account of race, color, creed, religion,
15 sex, marital status, age, handicap, ancestry or
16 national origin, in the sale, lease, sublease,
17 transfer, use, ocoupanoy, tenure or enjoyment of the
18 premises, nor shall the transferee himself or herself
19 or any person claiming under or through him or her,
20 establish or permit any such praotice or practices of
21 discrimination or segregation with reference to the
22 selection, location, number use or occupancy' of
23 tenants, lessees, subtenants, sub1essees or vendees of
24 the premises."
25 B. [402] Maintenanoe of the Site
26 1. Partioipant agrees to maintain the Site in a
27 reasonably neat and attractive manner for a construction site
28 until construotion of the improvements desoribed in this Agreement
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1 is complote so as not to, in the reasonable determination of an
2 appropriate officer of the City, be a public nuisance, or be
3 detrimental to the health, safety and welfare, or impair value of
4 property within one thousand (1,000) feet of the Site, and agrees
5 that in the event Participant fails to do so, after thirty (30)
6 days written notice, Agency may enter upon the Site for the
7 purposes of performing necessary and desirable maintenance, that
8 Participant will be responsible for the cost of any such
9 maintenance undertaken by Agency, which shall be paid wi thin
10 thirty (30) days after receipt by Participant of written demand
11 therefor.
12 2. Participant further agrees to maintain the
13 Participant Improvements and all other improvements on the Site
14 and to keep the Property free from any material accumulation of
15 debris or waste materials.
16 3. Participant shall also maintain the landscaping
17 required to be planted under this Agreement in a healthy
18 condition. If, at any time, Participant fails to maintain said
19 landscaping, and said condition is not corrected after expiration
20 of thirty (30) days from date of written notice from Agency,
21 Agency may perform the necessary landscape maintenance and
22 Participant shall pay such costs as are reasonably incurred for
23 such maintenance.
24 Participant agrees to prepare and record
25 Covenants, Conditions and Restrictions approved by Agency,
26 consistent with foregoing paragraphs 2 and 3 of this Section 402.
27 I I I
28 III
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4. Issuance of a Certificate of Completion by Agency
shall not affect Participant's obligations under Paragraphs 2 and
3 of this Section.
C. [403] Rights of Access
Participant hereby grants to Agency, for itself and for
the City and other public agencies, at their sole risk and
expense, the right to enter the Site or any part thereof at all
reasonable times for the purpose of construction, reconstruction,
maintenance, repair or service of any public improvements or
public facilities located on the Site. Any such entry shall be
made only after reasonable notice to Participant, and Agency shall
indemnify and hold participant harmless from any costs, claims,
damages or liabilities pertaining to any entry. This Section 403
shall not be deemed to diminish or limit any rights which the City
or Agency may have by operation of law irrespective of this
Agreement.
D.
Effect of Violation of the Terms and
Provisions of this Agreement After
Completion of Construction
The covenants established in this Agreement shall,
wi thout regard to technical classification and designation, be
binding for the benefit and in favor of Agency, its successor$ and
assigns, as to those covenants which are for its benefit. The
covenants contained in this Agreement shall remain in effect until
the termination date of the Redevelopment Plan. The covenants
against racial discrimination shall remain in perpetuity.
Agency is deemed the beneficiary of the terms and
provisions of this Agreement and of the covenants running with the
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1 land, for and in its own rights and for the purposes of protecting
2 the interests of the community and other parties, public or
3 private, in whose favor and for whose benefit this Agreement and
4 the covenants running with the land have been provided. The
5 Agreement and the covenants shall run in favor of Agency, without
6 regard to whether Agency has been, remains or is an owner of any
7 land or interest therein in the Site or in the Project Area.
8 Agency shall have the right, if the Agreement or covenants are
9 breached, to exercise all rights and remedies, and to maintain any
10 actions or suits at law or in equity or other proper proceedings
11 to enforce the curing of such breaches to which it or any other
12 beneficiaries of this Agreement and covenants may be entitled.
13 V. [500] GENERAL PROVISIONS
14 A. [501] Notices, Demands and Communications Between
15 the Parties
16 Written notices, demands and communications between
17 Agency and Participant shall be sufficiently given if delivered by
18 hand (and a receipt therefor is obtained or is refused to be
19 given) or dispatched by registered or certified mail, postage
20 prepaid, return receipt requested, to the principal offices of
21 Agency and Participant. Such written notices, demands and
22 communications may be sent in the same manner to such other
23 addresses as such party may from time to time designate by mail as
24 provided in this Section 501.
25 Any written~otice, demand or communication shall be
26 deemed received immediately if delivered by hand and shall be
27 deemed received on the tenth day from the date it is postmarked if
28 delivered by registered or certified mail.
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1 B. [502] Conflicts of Interest; Nonliability
2 No member, official or employee of Agency shall have
3 any personal interest, direct or indirect, in this Agreement. No
4 member, official or employee shall participate in any decision
5 relating to the Agreement which affects his personal interests or
6 the interests of any corporation, partnership or association in
i which he is directly or indirectly interested. No member,
8 official or employee of Agency shall be personally liable to
9 Participant, or any successor in interest, in the event of any
10 default or breach by Agency or Participant, or for any amount
11 which may become due to Participant or its successor or on any
12 obligations under the terms of this Agreement.
13 Participant represents and warrants that it has not
14 paid or given, and shall not payor give, any third party any
15 money or other consideration for obtaining this Agreement.
16 C. [503] Enforced Delay; Extension of Times of
17 Performance
18 In addition to specific provisions of this Agreement,
19 performance by either party hereunder shall not be deemed to be in
20 default, anc2 all performance anc2 other dates specified in this
21 Agreement shall be extended, where delays or defaults are due to:
22 war; insurrection; floods; earthquakes; fires; casualties; acts of
23 God; acts of the public enemy; freight embargoes; governmental
24 restrictions or priority; litigation; unusually severe weather;
25 acts or omissions of another party; acts or failures to act of the
26 City of San Bernardino or any other public or governmental agency
27 or entity (other than the acts or failures to act of Agency which
28 shall not excuse performance by Agency); or any other causes
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1 beyond the control or without the fault of the party claiming an
2 extension of time to perform. Notwithstanding anything to the
3 contrary in this Agreement, an extension of time for any such
4 cause shall be for the period of the enforced delay and shall
5 commence to run from the time of the commencement of the cause, if
6 notice by the party claiming such extension is sent to the other
7 party within thirty (30) days of the commencement of the cause.
8 Times of performance under this Agreement may also be extended in
9 writing by the mutual agreement of Agency and Participant.
10 Participant is not entitled pursuant to this Section
11 503 to an extension of time to perform because of past, present,
12 or future difficulty in obtaining suitable temporary or permanent
13 financing for the development of the Site.
14 D. [504] Inspection of Books and Records
15 Agency has the right at all reasonable times to inspect
16 the books and records of Participant pertaining to the Site as
17 pertinent to the purposes of this Agreement. Participant has the
18 right at all reasonable times to inspect the public records of
19 Agency pertaining to the Property as pertinent to the purposes of
20 the Agreement. The parties understand and agree that the books
21 and records of Participant shall be maintained at Participant's
22 offices in Chicago, Illinois.
23 VI. [600] DEFAULTS AND REMEDIES
24 A. [601] Defaults - - General
25 Subject to the extensions of time set forth in Section
26 503, a material failure or delay by any party to perform any term
27 or provision of this Agreement constitutes a default under this
28 Agreement where such failure or delay has an adverse effect on the
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1 other party's right or interest under this Agreement. The party
2 who so fails or delays must immediately commence to cure, correct,
3 or remedy such failure or delay, and shall complete such cure,
4 correction or remedy with diligence.
5 The injured party shall give written notice of default
6 to the party in default, specifying the default complained of by
7 the injured party. Except as required to protect against further
8 damages, and except for Sections 319 and 321 of this Agreement,
9 the injured party may not institute proceedings against the party
10 in default until thirty (30) days after giving such notice.
11 Failure or delay in giving such notice shall not constitute a
12 waiver of any default, nor shall it change the time of default.
13 B. [602] Legal Actions
14 1. [603] Institution of Legal Actions
15 In addition to any other rights or remedies
16 hereunder, Agency or Participant may institute legal action to
17 cure, correct or remedy any default, to recover damages for any
18 default, or to obtain any other remedy consistent with the purpose
19 of this Agreement. Any legal actions initiated pursuant to this
20 Agreement or otherwise with respect to its subject matter must be
21 instituted in the Superior Court of the County of San Bernardino,
22 State of California, or in an appropriate municipal court in that
23 county.
24 2. [604] Applicable Law
25 The laws of the State of California shall govern
26 the interpretation and enforcement of this Agreement.
27 III
28 III
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1 3. [605] Acceptance of Service of Process
2 In the event that any legal action is commenced by
3 Participant against Agency, service of process on Agency shall be
4 made by personal service upon the Executive Director or in such
5 other manner as may be provided by law.
6 In the event that any legal action is commenced by
i any party against Participant, service of process on such party
8 shall be made by personal service upon Participant or in such
9 other manner as may be provided by law, and shall be valid whether
10 made within or without the State of California.
11 C. [606] Rights and Remedies Are Cumulative
12 Except as otherwise expressly stated in this Agreement,
13 the rights and remedies of the parties are cumulative, and the
14 exercise by any party of one or more of such rights or remedies
15 shall not preclude the exercise by it, at the same or different
16 times, of any other rights or remedies for the same default or any
17 other default by any other party.
18 D. [607] Inaction Not a Waiver of Default
19 Any failures or delays by any party in asserting any of
20 its rights and remedies as to any default shall not operate as a
21 waiver of any default or of any such rights or remedies, or
22 deprive any party of its right to institute and maintain any
23 actions or proceedings which it may deem necessary to protect,
24 assert or enforce any such rights or remedies.
25 E. [608] Remedies and Rights of Termination
26 1. [609] Damages
27 Prior to the recordation of a Certificate of
28 Completion with respect to all of the Participant Improvements, if
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1 either Participant or Agency defaults with regard to any of the
2 provisions of this Agreement, the non-defaulting party shall serve
3 written notice of such default upon the defaulting party. If the
4 default is not cured by the defaulting party within thirty (30)
5 days after service of the notice of default, the defaulting party
6 shall be liable to the other for any damages, cost, liability or
7 expenses suffered by the non-defaulting party as a direct result
8 of the default, provided that neither party hereunder shall be
9 liable for indirect, special or consequential damages.
10 2. [610] Specific Performance
11 As an option to an action for damages as provided
12 in Section 609, the non-defaulting party may institute an action
13 for specific performance of the terms of this Agreement.
14 VII. [700] SPECIAL PROVISIONS
15 A. [701] Submission of Documents to Agency for
16 Approval.
17 Whenever this Agreement requires Participant to submit
18 plans, drawings or other documents to Agency for approval, which
19 shall be deemed approved if not acted on by Agency within the
20 specified time, said plans, drawings or other documents shall be
21 accompanied by a letter stating that they are being submitted and
22 will be deemed approved unless rejected by Agency within- the
23 stated time. If there is not a time specified herein for such
24 Agency action, Participant may submit a letter requiring Agency
25 approval or rejection of documents within thirty (30) days after
26 submission to Agency or such documents shall be deemed approved.
27 III
28 III
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B. [702] Successors In Interest
The terms, covenants, conditions and restrictions of
this Agreement shall extend to and shall be binding upon and inure
to the benefit of the heirs, executors, administrators, successors
and assigns of Participant.
Participant agrees to prepare and record covenants,
conditions and Restrictions approved by Agency which incorporate
the provisions of Section 401 and Section 402 subsections 2 and 3
which may not be amended nor revoked without the approval of
Agency.
VIII. [800] ENTIRE AGREEMENT, WAIVERS
This Agreement is executed in four (4) duplicate originals,
each of which is deemed to be an original. This Agreement
includes pages 1 through 32 and Attachments 1 through 6, which
constitute the entire understanding and agreement of the parties.
No private entity shall be deemed to be a third party
beneficiary with respect to any provisions of this Agreement.
This Agreement integrates all of the terms and
conditions mentioned herein or incidental hereto, and supersedes
all negotiations or previous agreements among the parties or their
predecessors in interest with respect to all or any part of the
subject matter hereof.
All waivers of the provisions of this Agreement must be
in writing by the appropriate authorities of Agency and
Participant, and all am~ndments hereto must be in writing by the
appropriate authorities of Agency and Participant.
III
III
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1 Each individual signing below represents and warrants
2 that he has the authority to execute this Agreement on behalf of
3 and bind the party he purports to represent.
4 IX. [900] TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY
5 This Agreement, when executed by Participant and delivered
6 to Agency, must be authorized, executed and delivered by Agency on
7 or before thirty (30) days after signing and delivery of this
8 Agreement by Participant or this Agreement shall be void, except
9 to the extent that Participant shall consent in writing to a
10 further extension of time for the authorization, execution and
11 delivery of this Agreement. The date of this Agreement shall be
12 the date when it shall have been signed by the Agency as evidenced
13 by the date first above shown.
14 III
15 III
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17 III
18 III
19 III
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21 III
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24 III
25 III
26 III
27 III
28 III
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AMERXCAN NATXONAL CAN AGREEMENT
IN WITNESS WHEREOF, Agency, and Participant have executed
this Agreement on the day and date first above shown.
"Agency"
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO
By:
Executive Director
"Participant"
AMERICAN NATIONAL CAN COMPANY
/JB;: 4Lv 41~ /~/'
/
By:
PROGRAM:
APPROVED AS TO FORM
AND LEGAL CONTENT:
BY'~~.J
./Agency C se1
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September 23, 1991
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STATE OF CALIFORNIA
)
)ss.
)
COUNTY OF SAN BERNARDINO
On this day of , in the year
, before me, the undersigned, a Notary Public in and for
the State of California, personally appeared Kenneth J. Henderson
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed this
instrument as the Executive Director of the REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO and acknowledged to me said Agency
executed it.
Signature of Notary Public
(SEAL)
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September 23, 1991
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STATE OF CALIFORNIA
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COUNTY OF SAN BERNARDINO
On before me, the
undersigned, a Notary Public in and for said state, personally
appeared ,
personally known to me or proved to me on the basis of
satisfactory evidence to be the person
who executed the within instrument as the President and the
of the corporation that executed the wi thin
instrument, and acknowledged to me that such corporation executed
the same.
WITNESS my hand and official seal.
DAB/bg/America3.Agr
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September 23, 1991
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PAR
"A-
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Site Map
ATTACHMENT NO. 1
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ATTACHMENT NO. 2
PARCEL "A":
PARCEL NO. 1 OF PARCEL MAP NO. 4202, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 40
OF MAPS, PAGES 45 AND 46, RECORDS OF SAID COUNTY.
TOGETHER WITH AN EASEMENT AND RIGHT OF WAY OVER, ALONG AND ACROSS
THE SOUTHERLY 42 FEET OF THE ABOVE DESCRIBED PROPERTY, SAID
DISTANCE BEING MEASURED AT RIGHT ANGLES TO THE SOUTHERLY LINE OF
SAID PROPERTY, FOR PUBLIC UTILITY PURPOSES, DRAINAGE PURPOSES, AND
RAILROAD SPUR TRACKS, TOGETHER WITH THE RIGHT TO APPORTION THE USE
THEREOF AMONG THE SEVERAL OWNERS UPON THE CONVEYANCE OF ANY
PORTION OF THE DOMINATE ESTATE WHICH IS THE REMAINING LAND IN THE
AREA OWNED BY THE GRANTOR.
7
PARCEL NO. "l-A":
AN EASEMENT 80 FEET WIDE FOR ROAD PURPOSES OVER A PORTION OF
SECTIONS 12 AND 13, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO
BASE AND MERIDIAN, ACCORDING TO THE EXTENSION OF THE LINES OF THE
OFFICIAL GOVERNMENT SURVEY EXTENDED INTO RANCHO MUSCUPIABE,
DESCRIBED AS FOLLOWS:
BEING 40 FOOT ON EITHER SIDE OF THE CENTER LINE WHICH IS DESCRIBED
AS FOLLOWS:
THE 40 FOOT LINES BEING LENGTHENED OR SHORTENED TO INTERSECT THE
SOUTHEASTERLY LINE OF PALM AVENUE AND THE WESTERLY LINE OF THE
PROPERTY CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT,
BY DEED RECORDED JULY 27, 1948, IN BOOK 2268, PAGE 146, OFFICIAL
RECORDS, AS DOCUMENT NO. 131.
BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND
AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED OCTOBER
25, 1955 IN BOOK 3772, PAGE 93, OFFICIAL RECORDS, AND DESCRIBED AS
PARCEL "C", IN THE ABOVE MENTIONED DEED, SAID SOUTHWEST CORNER
BEING ON THE EASTERLY LINE OF PALM AVENUE, 40 FEET WIDE, AS IT NOW
EXISTS; THENCE SOUTH 27 DEG. 15' 41" WEST, 642.71 FEET TO THE TRUE
POINT OF BEGINNING OF SAID CENTER LINE; THENCE SOUTH 33 DEG. 55'
29" EAST, 1366.00 FEET TO A TANGENT CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 464.00 FEET AND A CENTRAL ANGLE OF
61 DEG. 22' 04"; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE
CENTER LINE OF SAID CURVE, A DISTANCE OF 496.98 FEET TO A TANGENT
LINE; THENCE NORTH 79 DEG. 42' 27" EAST, 354.26 FEET TO A TANGENT
CURVE CONCAVE TO THE SOl!TH,- HAVING A RADIUS OF 286.00 FEET, AND A
CENTRAL ANGLE OF 61 DEG. 34'; THENCE EASTERLY AND SOUTHEASTERLY
ALONG THE CENTER LINE OF SAID CURVE, A DISTANCE OF 307.32 FEET TO
A TANGENT LINE; THENCE SOUTH 38 DEG. 43' 33" EAST, 780.25 FEET TO
A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF
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1986.00 FEET, AND A CENTRAL ANGLE OF 11 DEG. 29' 20"; THENCE
SOUTHEASTERLY 398.23 FEET ALONG THE CENTER LINE OF SAID CURVE TO
A TANGENT LINE; THENCE SOUTH 27 DEG. 14' 13" EAST, 1207.52 FEET
ALONG SAID LINE TO A POINT IN A TANGENT CURVE CONCAVE TO THE
NORTHEAST AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHEASTERLY
AND EASTERLY ALONG SAID CURVE A DISTANCE OF 471.24 FEET TO A POINT
IN A TANGENT LINE; THENCE NORTH 62 DEG. 45' 47" EAST ALONG SAID
LINE A DISTANCE OF 120.00 FEET TO A POINT IN A TANGENT CURVE
CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 640.00 FEET;
THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE A DISTANCE OF
245.56 FEET TO A POINT OF TERMINATION IN SAID RIGHT-OF-WAY OF THE
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT.
i
PARCEL "B":
PARCEL 2 OF PARCEL MAP NO. 4202, IN THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 40 OF PARCEL
MAPS, PAGES 45 AND 46, RECORDS OF SAID COUNTY.
PARCEL "B-1":
AN EASEMENT 80 FEET WIDE FOR ROAD PURPOSES OVER A PORTION OF
SECTIONS 12 AND 13, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, ACCORDING TO THE EXTENSION OF THE LINES OF THE
OFFICIAL GOVERNMENT SURVEY EXTENDED INTO RANCHO MUSCUPIABE,
DESCRIBED AS FOLLOWS:
BEING 40 FEET ON EITHER SIDE OF THE CENTER LINE WHICH IS DESCRIBED
AS FOLLOWS:
(THE 40 FOOT LINES BEING LENGTHENED OR SHORTENED TO INTERSECT THE
SOUTHEASTERLY LINE OF PALM AVENUE AND THE WESTERLY LINES OF THE
PROPERTY CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT,
BY DEED RECORDED JULY 27, 1948 IN BOOK 2268, PAGE 146, OFFICIAL
RECORDS, AS DOCUMENT NUMBER 131).
BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND
AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED OCTOBER
25, 1955 IN BOOK 3772, PAGE 93, OFFICIAL RECORDS, AND DESCRIBED AS
PARCEL "CO IN THE ABOVE MENTIONED DEED, SAID SOUTHWEST CORNER
BEING ON THE EASTERLY LINE OF PALM AVENUE, 40 FEET WIDE, AS IT NOW
EXISTS; THENCE SOUTH 27 DEG. 15' 41" WEST, 642.71 FEET TO THE TRUE
POINT OF BEGINNING OF SAID CENTER LINE; THENCE SOUTH 38 DEG. 55'
29" EAST, 1366.00 FEET TO A TANGENT CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 464.00 FEET AND A CENTRAL ANGLE OF
61 DEG. 22' 04"; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE
CENTER LINE OF SAID CURVE A DISTANCE OF 496.98 FEET TO TANGENT
LINE; THENCE NORTH 79 DEG. 42' 27" EAST, 354.26 FEET TO A TANGENT
CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 286.00 FEET, AND A
CENTRAL ANGLE OF 61 DEG. 34' THENCE EASTERLY AND SOUTHEASTERLY
ALONG THE CENTER LINE OF SAID CURVE A DISTANCE OF 307.32 FEET TO
A TANGENT LINE; THENCE SOUTH 38 DEG. 43' 33" EAST, 780.25 FEET TO
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EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL 1 OF PARCEL
9 MAP NO. 4202.
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A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF
1986.00 FEET; AND A CENTRAL ANGLE OF 11 DEG. 29' 20" ; THENCE
SOUTHEASTERLY 398.23 FEET ALONG THE CENTER LINE OF SAID CURVE TO
A TANGENT LINE; THENCE SOUTH 27 DEG. 14' 13" EAST, 1207.52 FEET
ALONG SAID LINE TO A POINT IN A TANGENT CURVE CONCAVE TO THE
NORTHEAST AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHEASTERLY
AND EASTERLY ALONG SAID CURVE A DISTANCE OF 471.24 FEET TO A POINT
IN A TANGENT LINE; THENCE NORTH 62 DEG. 45' 47" EAST ALONG SAID
LINE A DISTANCE OF 120.00 FEET TO A POINT IN A TANGENT CURVE
CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 640.00 FEET;
THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE A DISTANCE OF
245.56 FEET TO A POINT OF TERMINATION IN SAID RIGHT-OF-WAY, OF THE
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT.
(SHOWN AS INDUSTRIAL PARKWAY [PRIVATE] ON SAID PARCEL MAPS).
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ATTACHMENT NO. 3
SCHEDULE OF PERFORMANCE
Execution of
Agreement by
Agency. Agency
shall approve and
execute this
Agreement, and
shall deliver one
(1) copy thereof
to Participant.
Obtain Design
Review Approval.
Agency and Ci ty
approve Design
Concept Drawings
(sufficient time
shOUld be allowed
for possible
ini tial denial by
either Agency or
City).
Not later than thirty (30)
days after the date of
execution and submission of
two (2) copies of this
Agreement to Agency by
Participant.
Not later than one hundred
twenty (120) days after the
effective date of this
Agreement.
Submit Completed
Construction and
grading plans.
Participant will
submit completed
construction and
grading plans and
all other plans
and documents
required by
Section 304.
Not later than one hundred
eighty (180) days after the
Design Review Approval or
three hundred (300) days
after the effective date of
this Agreement, whichever is
greater.
Obtain plan check
approval, obtain
building permits
and commence
construction,
Participant shall
obtain necessary
plan check
approval, obtain
all building
permi ts and begin
construction.
Not later than sixty ( 60)
days after the submission of
completed construction and
grading plans or three
hundred sixty (360) days
after the effective date of
this Agreement, whichever is
greater.
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September 23, 1991
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Not later than twenty-four
(24) calendar months from
the effective date of this
Agreement.
September 23, 1991
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ATTACHMENT NO. 4
SCOPE OF DEVELOPMENT
I. GENERAL DESCRIPTION
The Site is specifically delineated
(Attachment NO.1) and the Legal Description
pursuant to Section 103 of this Agreement.
on the Site Map
(Attachment No.2)
II. DEVELO~MENT
Participant shall develop the Site with a beverage can plant
consisting of at least 200,000 square feet, having a completed
assessed value of at least $45,000,000.
Participant shall complete all of the improvements set forth
in this Scope of Development (Attachment No.4) to be constructed
in one phase. All of the improvements to be provided by the
Participant on the Site constitute the "Basic Participant
Improvements." The Basic Participant Improvements and all those
off-site improvements, which are required in connection with this
development (if any), and which are required to be provided by the
Participant (the "Off-Site Improvements") together constitute the
"Participant Improvements".
The Participant shall commence and complete the Participant
Improvements by the respective times established therefor in the
Schedule of Performance (Attachment No.3).
The Participant shall provide parking in conformity with all
applicable City requirements, or as a variance may be applied for
and approved.
III. DEVELOPMENT STANDARDS
The following development standards shall apply to the
Participant Improvements:
A. Setbacks. Minimum setbacks shall conform to the San
Bernardino Municipal Code (the "City Code"); and the Redevelopment
Plan.
B. VehicUlar Access. The placement of vehicular driveways
shall be coordinated with the needs of proper street traffic flow.
In the interest of minimizing traffic congestion, City will
control the number and location of curb breaks for access to the
Property for off-street parking and truck loading. The parties
anticipate that there will be at least three (3) such curb breaks.
c.
provided.
Loading. Adequate loading and unloading space shall be
Loading spaces visible from streets shall be landscaped
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or screened to prevent an unsightly or barren appearance. Said
requirements shall also conform to the City Code.
D. Signs. Signs shall be limited in size, subdued and
otherwise designed to contribute positively to the environment.
Signs identifying the use will be permitted, but their height,
size, location, color, lighting and design will be subject to
Agency and City approval, and signs must conform to the City Code.
E. Screening. All outdoor storage of materials or
equipment shall be enclosed or screened to the extent and in the
manner required by Agency and the City.
F. Landscaping. The Participant shall provide and
maintain landscaping within the public rights-of-way and within
setback area along all street frontages and conforming with the
Design Concept Drawings as approved by Agency. Such landscaping
shall meet the requirements of the City, or as a variance may be
applied for and approved.
G. utilities. Sewer drainage and utility lines, conduits
or systems shall not be constructed or maintained above the ground
level of the Property unless such installations are within
approved enclosed structures, and shall conform to requirements of
the City of San Bernardino or other applicable governmental or
private agency having jurisdiction of the work. Storm drainage
for all hard surfaced areas shall be drained or may be sheet
flowed to storm sewers. No drainage shall flow across public
sidewalks. All non polluted waste water, such as waste air
conditioning water, shall be drained to the storm or sanitary
drainage systems as permitted by local codes.
IV. PUBLIC IMPROVEMENTS AND UTILITIES
Any required public improvements or utilities, whether off-
site or on-site, shall be the responsibility of Participant.
V.
DEMOLITION AND SOILS
Participant assumes all responsibility for surface and
subsurface conditions at the Property, and the suitability of the
Property for the Participant Improvements. If the surface and
subsurface conditions are not entirely suitable for such
development and use, Participant shall at its cost take all
actions necessary to render the Property entirely sui table for
such development. Participant has undertaken all investigation of
the Property it has deemed necessary and has not received or
relied upon any representations of Agency, the City, or their
respective officers, a~ents and employees. Part1,.cipant shall
undertake at its cost all demolition required in connection with
the development of Participant Improvements.
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Should Agency agree, which agreement shall not be
unreasonably withheld, that unforeseen changes in the
circumstances are so significant as to make it commercially
impractical to complete the project improvements, Participant may
terminate this Agreement upon repayment to Agency of any and all
costs and expenses incurred by Agency in connection with this
Agreement.
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ATTACHMENT NO. 5
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
)
)
)
)
)
)
)
)
)
[Space above for Recorder.]
CERTIFICATE OF COMPLETION FOR
CONSTRUCTION AND DEVELOPMENT
WHEREAS, pursuant to that certain Owner's Participation
Agreement entered into between the Agency, and American National
Can Company ("Participant") dated as of
("OPA"), the Participant is entitled to the issuance of a
Certificate of Completion upon the completion of those
improvements required by the OPA to be developed by the
Participant, (the "Participant Improvements"); and
WHEREAS, such certificate shall be conclusive determination
of satisfactory completion of the construction required by the
OPA; and
WHEREAS, the Agency has conclusively determined that the
construction on the above described Property required by the OPA
has been satisfactorily completed;
NOW THEREFORE,
1. The Agency does hereby certify that the construction of
the Participant Improvements has been fully and satisfactorily
performed and completed.
2. Nothing contained in this instrument shall modify in
any other way other provisions of the OPA. All executory
obligations of the Participant pursuant to the OPA shall remain in
full force and effect.
IN WITNESS WHEREOF, the Agency has executed this
certificate this day of , 19___.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Executive Director
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STATE OF CALIFORNIA
)
)ss.
)
COUNTY OF SAN BERNARDINO
On this day of ,19 before me, the
undersigned, a Notary Public in and for said State, personally
appeared ,
known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed this instrument as the
Executive Director of the Redevelopment Agency of the City of San
Bernardino and acknowledged to me that the Redevelopment Agency of
the City of San Bernardino executed it. .
Signature of Notary Public
SEAL
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EXHIBIT 1
3 PARCEL "A":
4 PARCEL NO. 1 OF PARCEL MAP NO. 4202, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 40
5 OF MAPS, PAGES 45 AND 46, RECORDS OF SAID COUNTY.
6
TOGETHER WITH AN EASEMENT AND RIGHT OF WAY OVER, ALONG AND ACROSS
THE SOUTHERLY 42 FEET OF THE ABOVE DESCRIBED PROPERTY, SAID
DISTANCE BEING MEASURED AT RIGHT ANGLES TO THE SOUTHERLY LINE OF
SAID PROPERTY, FOR PUBLIC UTILITY PURPOSES, DRAINAGE PURPOSES, AND
RAILROAD SPUR TRACKS, TOGETHER WITH THE RIGHT TO APPORTION THE USE
THEREOF AMONG THE SEVERAL OWNERS UPON THE CONVEYANCE OF ANY
PORTION OF THE DOMINATE ESTATE WHICH IS THE REMAINING LAND IN THE
AREA OWNED BY THE GRANTOR.
-
,
PARCEL NO. "l-A":
AN EASEMENT 80 FEET WIDE FOR ROAD PURPOSES OVER A PORTION 01'
SECTIONS 12 AND 13, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO
BASE AND MERIDIAN, ACCORDING TO THE EXTENSION OF THE LINES OF THE
OFFICIAL GOVERNMENT SURVEY EXTENDED INTO RANCHO MUSCUPIABE,
DESCRIBED AS FOLLOWS:
BEING 40 FOOT ON EITHER SIDE OF THE CENTER LINE WHICH IS DESCRIBED
AS FOLLOWS:
THE 40 FOOT LINES BEING LENGTHENED OR SHORTENED TO INTERSECT THE
SOUTHEASTERLY LINE OF PALM AVENUE AND THE WESTERLY LINE OF THE
PROPERTY CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT,
BY DEED RECORDED JULY 27, 1948, IN BOOK 2268, PAGE 146, OFFICIAL
RECORDS, AS DOCUMENT NO. 131.
BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND
AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED OCTOBER
25, 1955 IN BOOK 3772, PAGE 93, OFFICIAL RECORDS, AND DESCRIBED AS
PARCEL "CO, IN THE ABOVE MENTIONED DEED, SAID SOUTHWEST CORNER
BEING ON THE EASTERLY LINE OF PALM AVENUE, 40 FEET WIDE, AS IT NOW
EXISTS; THENCE SOUTH 27 DEG. 15' 41" WEST, 642.71 FEET TO THE TRUE
POINT OF BEGINNING OF SAID CENTER LINE; THENCE SOUTH 33 DEG, 55'
29" EAST, 1366.00 FEET TO A TANGENT CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 464.00 FEET AND A CENTRAL ANGLE OF
61 DEG. 22' 04"; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE
CENTER LINE OF SAID CURVE, A DISTANCE OF 496.98 FEET TO A TANGENT
LINE; THENCE NORTH 79 DEG. 42' 27" EAST, 354.26 FEET TO A TANGENT
CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 286.00 FEET, AND A
CENTRAL ANGLE OF 61 DEG. 34'; THENCE EASTERLY AND SOUTHEASTERLY
ALONG THE CENTER LINE OF SAID CURVE, A DISTANCE OF 307.32 FEET TO
A TANGENT LINE; THENCE SOUTH 38 DEG. 43' 33" EAST, 780.25 FEET TO
A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF
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1986.00 FEET, AND A CENTRAL ANGLE OF 11 DEG. 29' 20"; THENCE
SOUTHEASTERLY 398.23 FEET ALONG THE CENTER LINE OF SAID CURVE TO
A TANGENT LINE; THENCE SOUTH 27 DEG. 14' 13" EAST, 1207.52 FEET
ALONG SAID LINE TO A POINT IN A TANGENT CURVE CONCAVE TO THE
NORTHEAST AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHEASTERLY
AND EASTERLY ALONG SAID CURVE A DISTANCE OF 471.24 FEET TO A POINT
IN A TANGENT LINE; THENCE NORTH 62 DEG. 45' 47" EAST ALONG SAID
LINE A DISTANCE OF 120.00 FEET TO A POINT IN A TANGENT CURVE
CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 640.00 FEET;
THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE A DISTANCE OF
245.56 FEET TO A POINT OF TERMINATION IN SAID RIGHT-OF-WAY OF THE
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT.
PARCEL "B":
PARCEL 2 OF PARCEL MAP NO. 4202, IN THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 40 OF PARCEL
MAPS, PAGES 45 AND 46, RECORDS OF SAID COUNTY.
PARCEL "B-1":
AN EASEMENT 80 FEET WIDE FOR ROAD PURPOSES OVER A PORTION OF
SECTIONS 12 AND 13, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, ACCORDING TO THE EXTENSION OF THE LINES OF THE
OFFICIAL GOVERNMENT SURVEY EXTENDED INTO RANCHO MUSCUPIABE,
DESCRIBED AS FOLLOWS:
BEING 40 FEET ON EITHER SIDE OF THE CENTER LINE WHICH IS DESCRIBED
AS FOLLOWS:
(THE 40 FOOT LINES BEING LENGTHENED OR SHORTENED TO INTERSECT THE
SOUTHEASTERLY LINE OF PALM AVENUE AND THE WESTERLY LINES OF THE
PROPERTY CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT,
BY DEED RECORDED JULY 27, 1948 IN BOOK 2268, PAGE 146, OFFICIAL
RECORDS, AS DOCUMENT NUMBER 131).
BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND
AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED OCTOBER
25, 1955 IN BOOK 3772, PAGE 93, OFFICIAL RECORDS, AND DESCRIBED AS
PARCEL "C" IN THE ABOVE MENTIONED DEED, SAID SOUTHWEST CORNER
BEING ON THE EASTERLY LINE OF PALM AVENUE, 40 FEET WIDE, AS IT NOW
EXISTS; THENCE SOUTH 27 DEG. 15' 41" WEST, 642.71 FEET TO THE ~RUE
POINT OF BEGINNING OF SAID CENTER LINE; THENCE SOUTH 38 DEG. 55'
29" EAST, 1366.00 FEET TO A TANGENT CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 464.00 FEET AND A CENTRAL ANGLE OF
61 DEG. 22' 04"; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE
CENTER LINE OF SAID CURVE A DISTANCE OF 496.98 FEET TO TANGENT
LINE; THENCE NORTH 79 DEG. 42' 27" EAST, 354.26 FEET TO A TANGENT
CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 286.00 FEET, AND A
CENTRAL ANGLE OF 61 DEG. 34' THENCE EASTERLY AND SOUTHEASTERLY
ALONG THE CENTER LINE OF SAID CURVE A DISTANCE OF 307.32 FEET TO
A TANGENT LINE; THENCE SOUTH 38 DEG. 43' 33" EAST, 780.25 FEET TO
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A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF
1986.00 FEET; AND A CENTRAL ANGLE OF 11 DEG. 29' 20"; THENCE
SOUTHEASTERLY 398.23 FEET ALONG THE CENTER LINE OF SAID CURVE TO
A TANGENT LINE; THENCE SOUTH 27 DEG. 14' 13" EAST, 1207.52 FEET
ALONG SAID LINE TO A POINT IN A TANGENT CURVE CONCAVE TO THE
NORTHEAST AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHEASTERLY
AND EASTERLY ALONG SAID CURVE A DISTANCE OF 471.24 FEET TO A POINT
IN A TANGENT LINE; THENCE NORTH 62 DEG. 45' 47" EAST ALONG SAID
LINE A DISTANCE OF 120.00 FEET TO A POINT IN A TANGENT CURVE
CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 640.00 FEET;
THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE A DISTANCE OF
245.56 FEET TO A POINT OF TERMINATION IN SAID RIGHT-OF-WAY, OF THE
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT.
(SHOWN AS INDUSTRIAL PARKWAY [PRIVATE] ON SAID PARCEL MAPS).
EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL 1 OF PARCEL
MAP NO. 4202.
Page 3 of 3
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Con!'~,: I~.
OWATER ~,~~~~TM~~T
300 N. "0" STIEET '2411 . r. O. lOX 71. '2402
SAN BERNARDINO, CALIFORNIA
(714) 384-5141
Auignment No.
o ao.ROOf WA"R COMMIS"ON'"
PllSIDl"'T
MARGARET H. CHANDLER
co..MlS$IQto;ns
IOBERT BIVENS
lMlllACAlCIA
y.MlS H. URATA.
HAROLD W. WILLIS
if"~ 8<,.\
a- ."'.,:.
t .....' :.
_ 2
l". _, ::
, .
.t. . ~.
"'''Eft O'tt
HERBERT 8. Wl5SEL
QJ'IIUW. MAltiAGll
JQSlPH F. STl)SKAl
DIIICTOI.l"CI...UII"llGo
COJrtlITlUCfI()lrro.MA.I/lIITlflUl/lllCI
IlRNARD C. KElSEY
DlUCIOI. ADMl/llllSTWfON
I FINANeI
DU,&.Nl B. NOR1ON
DluC1Ol.WATt:1
lUcLAMAfIO<ll
herlby Issigns III right, title Ind intlrnt for caplcity
right Is) purchased in Iccordlnce with tha tlrms Ind conditions of thl Purchasl Agreement or thl Term Purchl" Agreement for sewer
caplcity rights b8tweln the City 01 San Bernardino and the ul\llerslgned to:
II) The City 01 San Blrnardino for the purposI 01 resale by the City.
lb) Thl City 01 San Bernardino, in satislaction 01 the sewer connection fee pursuant to Sac1ion 13.08.05OIB) of the
Code of Ordinancas, City of San Bernardino, California, or the City of Lome Linda or East Vallay Water District
in satislaction of the sewlr connection fee due to the City 01 San Bernardino pursuant to their applicable ordinances.
Ic) Name
Add....
o
in conjunction with the sale of certain roal property described in Exhibit" A" which is anached to this Assignment
Form. This assignment is not effective until the close of escrow for thl Slle of the Exhibit "A" property.
Assignor acknowledges that the City of San Bernardino .hall not be held liable for any legl' or other consequences of this assignment.
Assignor further acknowledges that the City of San Bernardino I. not privy to any contract or agreement with any other party al\ll to
the extent that this assignment i. made pursuant to, or In derogation of, any contract or agreemant, or in accordance with any obli.
gation of the Assignor, by acceptance of this Assignment the City of San Bernardino assumes no liability for damagas or loss resulting
from any breach of Slid contract or agroement.
ASSIGNOR:
Company (Type or Print)
Date:
By:
Title
INDIVIDUAL ASSIGNOR:
Date:
Signature
Print or Type Name
o.
ACCEPTED:
CITY OF SAN BERI-kAROINO .
By:
Title
Attachment 6
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o
o.
!lIlIl
J.
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o 0
U N S E CUR E D NOT E
$377,750.00
San Bernardino. Califcrnia
September 30,1991
On or before September 30, 1996, for value received, the REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO promises to pay to the CITY OF SAN BERNARDINO,
or order, at San Bernardino, California, the sum of Three Hundred Seventy
Seven Thousand Seven Hundred Fifty and no/100 Dollars ($377,750.00), with
interest from September 30, 1991. Interest to be paid at the rate of Six per
centum (6~) per annum. To be paid in five annual payments of Seventy Five
Thousand Five Hundred Fifty and nO/100 Dollars ($75,550.00) principal plus
accrued interest on September 30 of each year with the first payment due on
September 30, 1992.
The undersigned reserves the right to prepay at any time all or any part of
the principal amount of this Note without the payment of penalties or
premiums. Principal and interest are payable in lawful money of the United
States. If action be instituted on this note, the undersigned promises to pay
such sum as the Court may adjudge as attorney's fees.
REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, CALIFORNIA
By:
Chairman
By:
Secretary
Approved at to form and
legal content:
~(v
Agency se 1