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Home My WebLink About1987-251 RESOLUTION NO. 87-251 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF CERTAIN AGREEMENTS CONCERNING A PROPOSED HOTEL AND CONVENTION CENTER PROJECT. WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") and the City of San Bernardino (the "City") desire and intend to enter into certain agreements with a redeveloper (the "Redeveloper") for purposes of undertaking and completing a redevelopment project involving the completion of construction of a certain hotel adjacent to the Convention Center, as well as the operation of the Convention Center (the "Project"), located within the Central City Redevelopment Project Area (the "Project Area"); and WHEREAS, the Redeveloper of the proposed Project has submitted to the Agency and to the City evidence that the Redeveloper has the authority to enter into the proposed agreements and execute other documents in order to cause the completion of the Project, and has the ability to undertake or obtain financing commitments in order to cause the completion of the Project; and WHEREAS, the undertaking and completion of the Project are in the public interest in that the Project will cause the redevelopment of real property in the Project Area, pursuant to the Community Redevelopment Law of the State of California, will aesthetically improve real property within the Project Area, will create employment opportunities for residents of the City both within and outside of the Project Area, will eliminate blight, will enhance real property values in the Project Area and will generate sales tax revenues, property tax increment revenues and transient occupancy tax revenues; and WHEREAS, it is reasonable and appropriate to approve and cause the execution of various agreements and documents pertinent to the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: Section 1. The Mayor and Common Council hereby approve that certain Owner Participation and Development Agreement by and among the City, the Agency and the Redeveloper, substantially in the form and content as set forth in Exhibit "A" attached hereto and incorporated herein by reference. The Mayor is hereby authorized and directed to execute for and on behalf of the City the Owner Participation and Development Agreement, with such non-substantive changes thereto as may be approved by the Mayor and City Attorney. Section 2. The Mayor and Common Council hereby approve that certain Easement Agreement by and among the City, the Agency, the Civic Center Authority of the City of San Bernardino and the Redeveloper, substantially in the form and content as set forth in Exhibit "B" attached hereto and incorporated herein by reference. The Mayor is hereby authorized and directed to execute for and on behalf of the City the Easement Agreement, with such non-substantive changes thereto as may be approved by the Mayor and City Attorney. Section 3. The Mayor and Common Council hereby approve that certain City of San Bernardino Convention Center Sublease Operating Agreement, substantially in the form and content as set forth in Exhibit "c" attached hereto and incorporated herein by reference. The Mayor is hereby authorized and directed to execute for and on behalf of the City the City of San Bernardino Convention Center Sublease and Operating Agreement, with such non-substantive changes thereto as may be approved by the Mayor and City Attorney. Section 4. The Mayor and Common Council hereby approve that certain Memorandum of Sublease, substantially in the form and content as set forth in Exhibit "n" attached hereto and incorporated herein by reference. The Mayor is hereby authorized and directed to execute for and on behalf of the City the Memorandum of Sublease, with such non-substantive changes thereto as may be approved by the Mayor and City Attorney. Section 5. The Mayor and Common Council hereby approve the Covenant and Agreement Regarding Parking, substantially in the form and content as set forth in Exhibit "E" attached hereto and incorporated herein by reference. The Mayor is hereby authorized and directed to execute for and on behalf of the City the Covenant and Agreement Regarding Parking, with such non-substantive changes thereto as may be approved by the Mayor and City Attorney. Section 6. Mayor and Common Council hereby approve that certain correspondence addressed to Maruko Inc., concerning "Lease dated as of May 1, 1970, etc.", substantially in the form and content as set forth Exhibit "F" attached hereto and incorrporated herein by reference. The Mayor is hereby authorized and directed to execute for and on behalf of the City said correspondence, with such non-substantive changes thereto as may be approved by the Mayor and City Attorney. Section 7. The Mayor and Common Council hereby approve that certain correspondence addressed to Chicago Title Insurance Company, substantially in the form and content as set forth in Exhibit "G" attached hereto and incorporated here and by reference. The Chairman is hereby authorized and directed to execute for and on behalf of the City said correspondence, with such non-substantive changes thereto as may be approved by the Mayor and City Attorney. Section 8. The Mayor and Common Council hereby approve that certain correspondence addressed to Maruko, Inc., substantially in the form and content as set forth in Exhibit "H" attached hereto and incorporated herein by reference. The Mayor is hereby authorized and directed to execute for and on behalf of the City said correspondence, with such non-substantive changes thereto as may be approved by the Mayor and City Attorney. -2- Section 9. The Mayor, City Attorney, and other officers, members of the Common Council and staff of the City, are hereby authorized and directed to execute any and all of the foregoing documents, as well as take any and all actions and execute any and all additional documents, as may be reasonable and necessary in order to permit the Project to proceed and in order to facilitate the execution of various documents and agreements by the City and the Agency for this purpose. Section 9. This Resolution shall take effect upon adoption. 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 20th day of July ,1987, by the following vote, to wit: AYES: Council Members Estrada. Reilly. Flores Mnuosl AY, Minor. Pope-Ludlam. Miller NAYES: None ABSENT: None ~>>&~/;J4/~~ Ci--ty Clerk The foregoing resolution is here~approved this of July, 1987. ~ ,Get.- J /J /C c:....c ,/ Mayor of ~9ity of San Bernardino . .}, 1 e gal con t en t ~t-...:CIJ J~,.,.tt;,., f> Approved as r\ sb:2798G -3- f , ; July JE, 1987 Maruko, Inc,.. c/o Koar, Inc. 555 South Flower Street Suite 2424 Los Angeles, California 90071 Re: Owner Participation and Development Agreement among the City of San Bernardino, the Redevelopment Agency of the City of San Bernardino and Maruko, Inc. dated Julv 1987 (the "Aqreement") Gentlemen: This letter shall constitute the approval by the undersigned to the assignment of the (a) Agreement and (b) the Operating Agreement, as such term is defined in the Agrement by you to (i) Mitsubishi Corporation, or (ii) Mitsubishi International Cor- poration, or (iii) any corporation, partnership, or other entity wich is controlled by Mitsubishi International Corporation, Mitsubishi Corporation and/or Maruko, Inc., individually or col- lectively, or of which Maruko, Inc., Mitsubishi Corporation and/or Mitsubishi International Corporation, individually or col- lectively, own greater than a 50% equity or voting interest (col- lectively the "Assignee"). This approval shall constitute the approval by the under- signed of the Assignee required pursuant to Section 6.5(b) of the Agreement, Section 12.1(a) of the Operating Agreement, I ---- C,y HIf3J ( I( H (( ~- ~ / ()') 1 , I, JUly}J, 1987 Page 2 and pursuant to any and all other documents executed and delivered in connection with the Development Agreement and the Operating Agreement. Very truly yours, APROVED AS TO FORM AND LEGAL CONTENT: THE CITY OF SAN BERNARDINO BY~~~ ?C~~ APPROVED AS TO FORM: THE REDEVELOPMENT AGENCY OF THE C Y OF SAN BERNARDINO ~p~ Stephen P. Deitsch Agency Counsel By: d~ ,1it~ Glenda Saul, Secretary