HomeMy WebLinkAboutRS03-Redevelopment Agency
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AGENDA ITEM INFORMATION SUMMARY
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8Ctlon must be taken.
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RDA -174
REV. 6-29-89
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. Redevelopment Agency · City or San Bernardino
~ NcrIh "DO SUeel. Faunh FIoot . Sill B.....smo. CoIifcmia DnB
(714) 384-5081 FAX (714) 888-9413
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August 1. 1989
CITY SURPLUS PROPERTY (181 SO. "G" STREET)
Synopsis of Previous Commission/Council/Committee Action:
03/20/89 Authorization by the Council was given to proceed with the proposed
sale of certain City owned parcels.
06/12/89 Council continued author1zatlon to sell to August 21, 1989.
Recommended Motion:
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A.
(MAYOR AND COUNCIL)
Adopt the attached RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE
AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO RELATING TO THE PURCHASE OF CERTAIN REAL PROPERTY AT 181
SOUTH "G" STREET.
(COMMUNITY DEVELOPMENT COMMISSION)
B. Move that the Agency be authorized to purchase from the City of San
Bernardino the real property commonly known as 181 So. "G" Street for
the sum of $300,000 plus closing costs and that the Chairman be
authorized to execute the attached Purchase Agreement.
Respectfully Submitted,
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tI Steven H. Dukett, Executive Director
Supporting data attached: YES
Ward:
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FUNDING REQUIREMENTS: $301,000
Project: CCS
Commission Notes:
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Agenda of: ~ust 7. 1989
Item No. . 3
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Redevelopment Agency
S T A F F R E P 0 R T
It Is requested that the Agency be authorized to purchase the property at 181
South "G" Street from the City.
BACKGROUND
The City owns and has declared as surplus property the 128,300 square foot
(2.95 acre) parcel located at lBl South "G" Street. Located on the property
Is a 8,272 square foot building. The property was at one time used as a
transit yard and Is known to have underground fuel storage tanks.
On June 2, 1989, the Mayor and Common Council discussed the sale of thIs
parcel to the Agency and continued the matter to August 21, 19B9. Subsequent
direction was received to place this Item on the August 7, 1989 agenda.
Agency staff estimates the current market value at $385,000 to $449.000 ($3.00
to $3.50 per square foot) less the cost of demolition and any toxic waste
clean up. The cost of demolition Is estimated at $15.000 and It Is expected
to cost up to $25,000 to conduct a toxic waste study. The cost to clean up
the site If toxic wastes are found Is unknown.
It Is recommended that the Agency acquIre the site for $300,000 ($2.34 per
square foot). It Is estimated that closing costs will be approximately
$1,000. The Agency's ownership of the parcel will be helpful In developing
the Central City South Project Area.
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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE
AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO RELATING TO THE PURCHASE OF CERTAIN REAL PROPERTY AT
181 SOUTH "G" STREET.
5 WHEREAS, Ordinance No. 3572 adopted on May 3. 1976. and
6 amended by Ordinance No. MC-564 adopted on December 8, 1986, the
7 City COunci1 of the City of San Bernardino adopted and approved a
8 certain amended redeve10pment p1an (the "Redevelopment P1an") for
9 the Central City South project, (the "Project"); and
10 WHEREAS, pursuant to the Community Redeve10pment Law of the
11 State of Ca1ifornia (Hea1th and Safety COde Section 33000. et
12 seq.), the Redeve10pment Agency of the City of San Bernardino
13 ("The Agency") is carrying out the Redeve10pment P1an for the
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Project in the Redeve10pment Project Area ("The Project Area"):
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16 WHEREAS, in furtherance of the Project, the Agency and the
17 City desire to enter into a purchase and sale agreement re1ating
18 to certain property 10cated at 181 South "G" street, in the City
19 of San Bernardino.
20 WHEREAS, the sale by the City and the purchase by the
21 Agency of such property is of benefit to the project area in that
22 it wi11 enhance the area and contribute to the e1imination of
23 b1ight throughout the project area, and in the immediate
24 neighborhood in which the project area is 1ocated; and
25 WHEREAS, no other reasonab1e means of financing such
26 improvements are avai1ab1e to the community;
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August 4, 1989
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NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Mayor and Common COunc~l hereby determine
4 that the property here~n descr~bed ~s surplus and the sale of
5 such property to the Redevelopment Agency ~s of benef~ t to the
6 project area and the ~mmed~ate ne~ghborhood ~n wh~ch the project
7 area ~s located and that no other reasonable means of financing
8 such ~mprovements are ava~lab1e to the commun~ty, and hereby
9 consent to the undertak~ng ~n accordance w~ th the purchase and
10 sale agreement. The determ~nation that the improvements will
11 benefit the project Area ~s based upon the fact that the Agency
12 ~s established to provide for the development of the project area
13 as a unified whole, and this property will form an ~ntegra1 part
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of such development.
SECTION 2. The Mayor ~s hereby authorized to execute the
16 agreement, a copy of which ~s attached hereto as Exhibit "Aft, on
17 behalf of the City.
SECTION 3.
The authorizat~on to execute the above-
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19 referenced agreement is rescinded if the parties to the agreement
20 fail to execute it within n~nety (90) days of the passage of this
21 resolution.
22 I HEREBY CERTIFY that the foregoing resolution was duly
23 adopted by the Mayor and Common Counc~l of the City of San
24 Bernardino at a meeting thereof. held on the
25 day of , 1989. by the following vote, to wit:
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August 4, 1989
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RESO _ AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE
AGRE~ WITH THE REDEVELOPMENT r-)NCY OF THE
CITY Ol"'SAN BERNARDINO. ",'
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
, 1989.
day
W.R. Holcomb, Mayor
City of San Bernardino
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and legal content:
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JAMES F. PENMAN,
City Attorney
By: ./j;wuJ4d-<At. /'
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o PURCHASE AND SALE AGREEMENT
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THIS PURCHASE AND SALE AGREEMENT (MAgreementM) made this
day of , 1989, by and between SAN
BERNARDINO REDEVELOPMENT AGENCY, a public body, corporate and
politic (the MBuyerM or MAgencyM). and THE CITY OF SAN
BERNARDINO (the MSel1erM or MCityM) for the purchase and sale
of certain real property situated in the City San Bernardino.
California.
WHEREAS. Seller is the owner. in fee, of certain real
property located in the City of San Bernardino. California and
the Central City South Project Area, more fully described in
Exhibit MAM attached hereto and incorporated herein by this
reference;
WHEREAS, Buyer desires to purchase said property (the
MSubject PropertyM) for cash, and Seller desires to sell the
Subject Property to the Agency:
NOW THEREFORE. Buyer and Seller agree as follows:
1. PURCHASE PRICE.
The purchase price for the Subject Property is Three
Hundred Thousand Dollars ($300,000). Prior to the close of
escrow, Buyer shall deliver to Escrow Holder, in immediately
available federal funds in the form of cash or a certified
check, the sum of THREE HUNDRED THOUSAND DOLLARS ($300,000).
2. ESCROW.
Seller and Buyer agree to open an escrow by August
, 1989 with an escrow company acceptable to Buyer. Seller
and Buyer agree to execute all escrow instructions and
amendments and do all things necessary to complete said escrow
in total conformance with this Agreement. Seller and Buyer
agree to close escrow on or before August , 1989.
3. CONDITIONS OF CLOSING.
The close of escrow is conditioned upon:
(a)
title subject
Counsel.
Conveyance to the Agency of good and marketable
to the approval of the Agency Special and General
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(b) Delivery of CLTA (California Land Title
Association) title insurance policy or an ALTA title insurance
policy. at the Agency's option and with the Agency incurring
any additional expense. in the amount of the full purchase
price subject only to such liens. encumbrances. clouds, or
conditions as may be approved in writing by the Agency General
Counsel.
(c) Delivery of possession of the Subject Property to
Buyer or its nominee, immediately on close of escrow free and
clear of all uses and occupancies except as Buyer may waive in
writing.
4. PRORATIONS.
There shall be prorated between Seller and Buyer on
the basis of thirty (30) day months as of 12:00 midnight
pacific Standard Time on the date of the close of escrow
pursuant to this Agreement:
(a) Real property taxes levied or assessed against
the Subject Property as shown on the latest available tax
bills. The County of San Bernardino by law will refund all tax
paid by Seller covering periods subsequent to title vesting in
Buyer.
(b) Premiums on insurance pOlicies acceptable to
Buyer insuring the improvements and buildings. if any, on the
Subject Property against damage or destruction by fire. theft.
or the elements.
5. BONDS AND ASSESSMENTS.
Any bonds or improvement assessments which are a lien
on the Subject Property shall. on close of escrow. be paid by
Seller, except those liens imposed by the City of San
Bernardino or the Agency.
6. REAL ESTATE COMMISSIONS.
Each of the Agency and the Seller represents to the
other party that it has not engaged the services of any finder
or broker and that it is not liable for any real estate
commissions, broker's fees. or finder's fees which may accrue
by means of the acquisition of the Parcel, and agrees to hold
harmless the other party from such commissions or fees as are
alleged to be due from the party making such representations.
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7.
EXPENSES OF ESCROW.
The following expenses of the escrow described in this
Article shall be paid by Buyer:
(a) The full cost of securing the title insurance
policy described in Paragraph 2 of this Agreement.
(b) The cost of preparing. executing and
acknowledging any deeds or other instruments required to convey
title to Buyer or its nominees in the manner described in
Paragraph 2 of this Agreement.
(c) The cost of recording a grant deed and all other
instruments required to convey title to the Subject Property to
Buyer or its nominees as described in this Agreement.
(d) Any escrow fee charged by the escrow holder in
addition to the cost of the title insurance policy required by
this Agreement.
8. ORDER OF RECORDING.
Escrow shall record the Grant Deed conveying the
subject property from Seller to Buyer.
9.
OWNER'S REPRESENTATIONS. COVENANTS AND WARRANTIES.
As an express condition precedent to the Close of
Escrow for Buyer'S Benefit. and in addition to any other
representations. covenants and warranties contained in this
Agreement. Seller makes the following representations and
warranties, each of which is true in all respects as of the
date of this Agreement. and shall be true in all respects as of
the Closing Date (as defined in the Escrow Instructions):
(a) AUTHORITY TO SIGN. This Agreement and all the
documents executed by the Seller. that are to be delivered to
the Agency at Closing are. and at the Closing will be, duly
authorized. executed and delivered to the Buyer; are. and at
the Closing will be. to the best of Seller's knowledge.
sufficient to convey title if they purport to do so; and do
not. and at the Closing will not, to the best of Seller's
knowledge. violate any provisions of any agreement to which the
Seller is party or to which it is subject. including. without
limitation. any prior options. purchase agreements and/or
escrow instructions.
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(b) EXISTING CONTRACTS. At the Closing. there will
be no outstanding contracts made by the Seller for any
improvements to the Property that have not been fully paid, and
the Seller shall cause to be discharged (in such a manner that
the Title Company will not show the Lien(s) as an exception(s)
to title under the Title pOlicy) all mechanics' or
materialmen's liens arising from any labor or materials
furnished to the Property prior to the Closing.
(c) TITLE. Seller has. and will convey to Buyer.
good and marketable fee simple title to the Property free and
clear of any liens. encumbrances. claims, rights. demands.
easements. leases. licenses, agreements. covenants, conditions
and restrictions of any kind or character (including, without
limiting the generality of the foregoing. liens or claims for
taxes. mortgages. conditional sales contracts or other title
retention agreements. deeds of trust, security agreements and
pledges) except for those exceptions to title shown in the
Preliminary Report. Without limiting the generality of the
foregoing. there are no encroachments on the Land from
adjoining property known to Seller. Seller shall not encumber.
modify or diminish title to all, or any portion of or interest
in, the Property without Buyer's written consent.
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(d) LITIGATION. Seller is not involved in, nor does
Seller have knowledge of. any claim, proceeding or threatened
litigation. administrative or governmental proceeding or
investigation. relating to or otherwise affecting the Property
or the ability of Seller to deliver good and marketable fee
simple title to the Property to Buyer.
10. ATTORNEYS' FEES.
In the event of any controversy. claim or dispute
arising out of or relating to this Agreement or the escrow or
any breach of either. the prevailing party shall have received
as costs its receivable attorney's fees pursuant to California
Code of Civil Procedure Section 1021.
11. NOTICES.
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Any and all notices or other communications required
or permitted by this Agreement or by law to be served on or
given to either party hereto. Buyer or Seller. by the other
party hereto or by the escrow holder shall be in writing and
shall be deemed duly served and given when personally delivered
to any of the parties. Buyer or Seller. to whom it is directed.
or in lieu of such personal service when deposited in the
United States mail. first-class postage prepaid. addressed to
the parties at the address shown below. Seller may change his
address for the purposes of this section by giving written
notice of such change to the other party in the manner provided
in this section.
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Address: (Seller)
The City of San Bernardino
300 North -0- Street, 6th Floor
San Bernardino. CA 92418
Address: (Buyer)
San Bernardino Redevelopment Agency
300 North -D- Street, 4th Floor
San Bernardino, CA 92418
12. INTEGRATION. AUTHORITY TO SIGN.
(a) This Agreement integrates all of the terms and
conditions mentioned herein or incidental hereto, and
supersedes all negotiations or previous agreements between the
parties or their predecessors in interest with respect to all
or any part of the subject matter hereof.
(b) Each individual signing below represents and
warrants that he has the authority to execute this Agreement on
behalf of and bind the party he purports to represent.
l3. ENTIRE AGREEMENT.
This instrument contains the entire agreement between
Buyer and Seller respecting the Subject Property, and any
agreement or representation respecting the Subject Property or
the duties of either Buyer or Seller in relation thereto not
expressly set forth in this instrument is null and void.
EXECUTED on
California.
. 1989, at San Bernardino.
-BUYER-
SAN BERNARDINO REDEVELOPMENT
AGENCY, a public body corporate
and pOlitic of the State of
California
By:
Chairman
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Agency Clerk
APPROVED AS TO FORM AND LEGAL CONTENT:
REVIEWED AND APPROVED:
Executive Director.
Redevelopment Agency
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The City of San Bernardino
"SELLER"
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THE CITY OF SAN BERNARDINO
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM AND LEGAL CONTENT:
City Attorney
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COUNTY OF
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STATE OF CALIFORNIA
On this day of , 19__, 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 this instrument as the Chairman of the SAN
BERNARDINO REDEVELOPMENT AGENCY and acknowledged to me that
said Agency executed it.
WITNESS my hand and official seal.
(SEAL)
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STATE OF CALIFORNIA
COUNTY OF
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On this day of . 19__, 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 this instrument as the Chairman of THE CITY
OF SAN BERNARDINO and acknowledged to me that said Agency
executed it.
WITNESS my hand and official seal.
(SEAL)
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