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HomeMy WebLinkAbout1987-121 RESOLUTION NO. 87-121 I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND 2 DIRECTING THE EXECUTION OF A DEVELOPMENT AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND THE SOUTHERN CALIFORNIA GAS COMPANY RELATING TO THE SOUTHERN CALIFORNIA GAS COMPANY PROPERTY IN THE VICINITY OF "G" STREET AND AT&SF RAILROAD PROPERTY (CENTRAL CITY SOUTH PROJECT AREA) . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute for and on behalf of said City a Development Agreement among the Redevelopment Agency of the City of San Bernardino, the City of San Bernardino and the Southern California Gas Company relating to the Southern California Gas Company property in the vicinity of "G" Street and AT&SF Railroad property in the Central City South Project Area. A copy of said agreement is attached hereto as Exhibit "1" and incorporated herein by this reference as though fully set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the day of Aori1 , 1987, by the following vote, to 6th wit: Council Members Estrada, Rp-illy, Flnrp.~J AYES: Maudsley. Ouie1 Fra7.i~r Srrir.klpr NAY S : None ABSENT: None ~~~ /' City Clerk flji/J j:.t 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The foregoing resolution js hereby approved this ;I' , / / 7~;( day I 1 2 3 April , 1987. of 4 Approved as to form: 5 2 //.). /..../.')..-.~ , ) .' ./, 7 /- . . ,> I , \... ? If/ City 6f San Berbardino DEVELOPMENT AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND THE SOUTHERN CALIFORNIA GAS COMPANY RELATING TO THE SOUTHERN CALIFORNIA GAS COMPANY PROPERTY IN THE VICINITY OF "G" STREET AND AT&SF RAILROAD PROPERTY (CENTRAL CITY SOUTH PROJECT AREA) 1 2 3 4 5 of THIS AGREEMENT, entered into effective the ~~~ day ~b)1 , 1987, by and among the REDEVELOPMENT AGENCY I 6 OF THE CITY OF SAN BERNARDINO, a public body corporate and 7 politic, hereinafter "Agency", the CITY OF SAN BERNARDINO, a 8 municipal corporation, hereinafter "City", and SOUTHERN 9 CALIFORNIA GAS COMPANY, a California corporation, hereinafter the 10 "Company", of the parties relative sets forth the agreement to 11 owned by the Company in the development of certain property the 12 Central City South Project Area. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. Recitals. A. Agency has established a plan of development for the Central City South Study Area, which area includes certain property presently occupied by the Company in its utility operations. City has adopted an overlay zone imposing certain design standards. The property covered by this agreement is depicted in a sketch attached hereto as Exhibit "A" to this agreement, and is generally that irregularly shaped parcel of property owned by the Company fronting on "G" Street and lying generally southerly of the Atchison Topeka and Santa Fe Railroad right-of-way in the Central City South Project Area of the City of San Bernardino. The property consists of approximately 173,358 square feet of property (approximately 3.9798 acres), of which 210 feet fronts on "G" Street, 200 feet fronts on the Atchison Topeka and Santa Fe Railroad right-of-way, and 255 feet fronts upon the right-of-way of "F" Street. 1 B. The Company agrees that at such time as it chooses to 2 expand or substantially remodel the building or buildings located 3 upon the property described on Exhibit "A", the Company shall 4 cause to be screened from public view that area of Company's 5 property fronting on the Atchison Topeka and Santa Fe Railroad, 6 identified on Exhibit "A" as the "storage area to be screened." 7 Screening shall be generally consistent with those certain 8 Central City South Screening Study sketches prepared by Soltis 9 Design Associates consisting of three pages, dated 11 April 1986, 10 copies of which are on file with the Agency, to screen the 11 outside storage area. Company will be permitted to use a block 12 wall eight feet in height, with appropriate landscaping, but the 13 block wall need not be topped by a metal and pipe screen. 14 Company agrees to submit to Agency, for review and approval, its 15 own plans for such screening, which plans shall be approved by 16 Agency if they are generally consistent with the Central City 17 South Screening Study Soltis Design Associate sketches of 11 18 April 1986, and if they provide reasonably adequate screening 19 consistent with the standards established for the Central City 20 South Project Area. 21 SECTION 2. Implementation. 22 A. Upon approval by Agency of the screening plans by 23 Company, City shall permit Company to proceed with its building 24 expansion plans without compliance with that part of the City's 25 design guidelines prohibiting outside storage areas in the new 26 overlay zone of the Central City South Project Area. 27 B. This agreement memorializes the agreement entered into 28 by Agency, City and Company prior to the adoption of the 2 1 ordinance imposing the Central City South overlay zone, and is 2 recognized by all parties as being an exception to the 3 requirements of that overlay zone. 4 C. This agreement is effective only as between the parties 5 hereto, and, in the event that the Company disposes of the 6 property, by lease or sale, prior to the completion of such 7 modifications, this agreement shall be of no further force and 8 effect, and shall terminate. 9 IN WITNESS WHEREOF, the parties have executed this agreement 10 effective as of the day and year first written above. 11 12 13 14 15 16 17 18 19 20 ~~ 21 22 23 24 ? 25 ;Jt(~1 ,. 26 27 28 THE SOUTHERN CALIFORNIA GAS COMPANY REDEVEL~PMENT AGENCY OF CITY pti',//SAN BERNARDINO I ;, \.'il'::' By ';f;; .L L;1'{ / ;1, I J /L' "J/ J:'>,< v,./'" r ,.' ./ " r ~L' ..- Cha rman f .~; ;} / t/ /:;;.. ,j/A; /~/l I By //~,;':C;~?tlVi ,,~t2(/ //( ,- Secretary By Manager of Administrative S ta f f By Approved as to form: AGENCY COUNSEL ByR~/~ CIT~pF SAN BERNARDINO ,/).;-7)' /; :7 ,/' ,~.,' JK'?\ / . . /' / /., . ' i / 1/ . / , / ,/,,, (~j.. ~. ..,,,{/L.--I:.A' ';"-r/\./ /(../ {_/t .-e.e; ;7 , /' ! Mayor / ATTEST: ~~ Ci--€y Clerk Approved as to form: A.~~' City Attorney 3 CON CRESS b ST. -n I ,- .~, U; lY \- \f) \:) 82.5' I .I..... {JO' E.ou"'cnt ;0,. in~r"" t .., I ,...... 69"." 01 'OP'\~'lilG to . I Powl A. Dobbl. g . I. Iri N 00.00' o o ci ~. a" 5" SS-[.. 'l~ooc' ".... : ..' .0 o 2 ,... .., I'~.'. .:) :~~} ~ D' AREA = 173..358 3.97il AC. % ~ .. o Z .:..,.~, ~ \ ,:_2:.~4't( 50.54' p.lrcc~ leluta to Si9n,1 ,i: Co... a.... 5'" )5' W., 4",0.00' L.OT x ~ IW ~.:.. C:)r. or lond COI'W'l.JaG '0 Slql'\~1 J ~ Cil c~. b.. de.d ".~or'dIQ JGn. "I '4~', '1'\ ........ !eo" la_I, po~. 2!1, O,R.or Son 6.rno"di~ ::..... --~~~~~----------------------- I .,~ - -' -----~---.------------------- ='" {3~1 EOI."".n. (0'" rood .C, ~ J~J .... p",rpo.u at co"'"." to ~ '" _\ 1'\ Sowfhern c.ollr.,nio ~o, Co. EXHIBIT "A" A. T. & So f" 0 '1 STh~~E PJtEA ~ t!€ SCQ6~r-.&~.D R)-\ ~J C }-j N. a 9- !t 1 I 1 !to' C . 2.40. 54' .0 x o ~ tri ::l tit 0 ("<I 11) 240 70' S.89- 57' ~~.w: I B .E f~ ~1 }-\ r M. 8 -,.. '2 1 DEVELOPMENT AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND THE SOUTHERN 2 CALIFORNIA GAS COMPANY RELATING TO THE SOUTHERN CALIFORNIA GAS COMPANY PROPERTY IN THE VICINITY OF wGw STREET AND AT&SF RAILROAD 3 PROPERTY (CENTRAL CITY SOUTH PROJECT AREA) 4 5 of . 7'c~ day THIS AGREEMENT, entered into effective the ~t2~ , 1987, by and among the REDEVELOPMENT AGENCY 6 OF THE CITY OF SAN BERNARDINO, a public body corporate and 7 politic, hereinafter WAgencyW, the CITY OF SAN BERNARDINO, a 8 municipal corporation, hereinafter .CityW, and SOUTHERN 9 CALIFORNIA GAS COMPANY, a California corporation, hereinafter the 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WCompany", sets forth the agreement of the parties relative to the development of certain property owned by the Company in the Central City South Project Area. SECTION 1. Recitals. A. Agency has established a plan of development for the Central City South Study Area, which area includes certain property presently occupied by the Company in its utility operations. City has adopted an overlay zone imposing certain design standards. The property covered by this agreement is depicted in a sketch attached hereto as Exhibit "A" to this agreement, and is generally that irregularly shaped parcel of property owned by the Company fronting on "G" Street and lying generally southerly of the Atchison Topeka and Santa Fe Railroad . right-of-way in the Central City South Project Area of the City of San Bernardino. The property consists of approximately 173,358 square feet of property (approximately 3.9798 acres), of which 210 feet fronts on "G" Street, 200 feet fronts on the Atchison Topeka and Santa Fe Railroad right-of-way, and 255 feet fronts upon the right-of-way of "F" Street. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. The Company agrees that at such time as it chooses to expand or substantially remodel the building or buildings located upon the property described on Exhibit nAn, the Company shall cause to be screened from public view that area of Company's property fronting on the Atchison Topeka and Santa Fe Railroad, identified on Exhibit nAn as the "storage area to be screened." Screening shall be generally consistent with those certain Central City South Screening Study sketches prepared by Soltis Design Associates consisting of three pages, dated 11 April 1986, copies of which are on file with the Agency, to screen the outside storage area. Company will be permitted to use a block wall eight feet in height, with appropriate landscaping, but the block wall need not be topped by a metal and pipe screen. Company agrees to submit to Agency, for review and approval, its own plans for such screening, which plans shall be approved by Agency if they are generally consistent with the Central City South Screening Study Soltis Design Associate sketches of 11 April 1986, and if they provide reasonably ad~quate screening consistent with the standards established for the Central City South Project Area. SECTION 2. Implementation. A. Upon approval by Agency of the screening plans by Company, City shall permit Company to proceed with its building expansion plans without compliance with that part of the City's design guidelines prohibiting outside storage areas in the new overlay zone of the Central City South Project Area. B. This agreement memorializes the agreement entered into by Agency, City and Company prior to the adoption of the 2 / 1 ordinance imposing the Central City South overlay zone, and is 2 recognized by all parties as being an exception to the 3 requirements of that overlay zone. 4 C. This agreement is effective only as between the parties 5 hereto, and, in the event that the Company disposes of the 6 property, by lease or sale, prior to the completion of such 7 modifications, this agreement shall be of no further force and 8 effect, and shall terminate. 9 IN WITNESS WHEREOF, the parties have executed this agreement 10 effective as of the day and year first written above. 11 REDEVELOPMENT AGENCY OF THE CITY SAN BERNARDINO SOUTHERN CALIFORNIA GAS COMPANY >,~ 12 13 14 15 16 17 18 19 20 t 7 ~ Ch irman By ~~~J' . Secretary By By Approved as to form: AGENCY COUNSEL Byd!~/~ 21 By ATTEST: CITY 0 )SAN BERNA I 1 J STATE OF CALIFORNIA COUNTY OF SAN B'C'D ~T A n ~UU\.DINO ) (OFFICIAL SEAL) ) J. LORRi~.I~\!E VELARDE SSe ~'_,' ) ;~ C!\~lfORNIA I COUNTY / On ~- . My Comrr:iss:on ..Ex~1 e:; Q.,!. 10. 1989 // public ----.: /~"~I /9J1 ~ . ? , pe onally ~ ' -X-J1:JO, before ," to be the appeared EVLYN WILCOX me, J. LORRAINE Vl7T AnTI. persons who and GLENDA SAUL ~E, A not respectively, of th RED executed this inst ' personally k ary acknowledged to e EVELOPMENT AGENCY 0 rument as Chairman and nown to me executed it . me that the REDEVELOPMENT F THE CITY OF SAN BERN Secretary, · AGENCY OF THE CITY OF ARDINO, and SAN BERNARDINO _/' - (L(/) CONGRESS b ST. .n I \- ~t \JJ ~ \- \f) " 82.5' 100.00' o o ci .. ....... a'- 5" sse E. '2.~O. oe' .0 o 2 ,.., ..... I...~':...a ,," ..... x ~ .. o Z .'. .;..",.~... ,: " .~~.\ .., .-." D' AREA = 173,,358 3.91ia AC. ~ ~.:~4',( 5o.S";''p..rce~ le.u~d to Sign,l ,il Co... $. er 5'"1' )5' 'N'I 400.00' L.OT x ... .~ 5.E. C~r. 0; lend CQrw'l,Ja4 to Slqn~1 J ~ CiJ C~. bioi de.d r.~Q..dcQ Jon. ", I~'" I ." ........" !OOK li~11 poc;' 2!1. O.R.or Son 8.rnardino :...... cowntlj' _ __________ ---~-------------- - , .....f' _____________ __~_...J ---------/ {3;' Ealem.n~for rood .c:-, ~ J~l .... p...rpoI" D\ con".", to V. '" _\ 1"- Sowfh.rn 'california ~O, Co. EXHIBIT "A" A. T. & S. r:-. " STh~A6E J:fteA 1"b l3E SCR6E:~e:.D I I {3D' E.aumtnt for inCjr". t ~f~::'''' &9"." 01 corw''i.d to . I PO", I A. Oobbl. 8 · I" an N R}-\ ~J C J-j N. 89- ~.,' !~.. E.. 2.40.54' '240. '70' S.89- 57' 35-W: B .E .F~ ~1 }-\ r M.B. 7- 2 .0 X o l- iii :) ." 0 ~ II) D