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REAL ESTATE INVESTMENTS. DEVELOPMENT
RENTALS: RETAIL STORES. OFFICE. INDUSTRIAL
890 W. Baker Street, - Suite # 200. Coata Meaa. CaliC. 92626
(714) 545-7700
RE: SIMA Part:nerSrip NuJiJer" ere - Project Tho Mill and '~' Streets
August 5, 1937
'lIE !1!yor and Camm Coooc:il of the City of San Pernardino
City Hill.
:IX) North "If' Street
San BenmdillO, California 92418
~ Imorable l1iyor and Coooc:il:
We IBve just been advised by Soothern California Fd:iscn that the cost of tIllCiergroorrl the
utilities at the above referenced project is approxinBtely four lnmdred thirteen thousand,
($413,OCO.aJ) dOllars. It was always our impression that the undergrounding of utilities
was not required (J1 this project.
fur belief is suhstantiated by Fdioon' s prier request for funds to relocate eJCisting IXJWer
poles rather than undergrounding sare. Nee<1'''''e to rey, the cost of undergrounding these
utilities nakes a financially diffiaJlt project not feasible.
We request to be tanporarily exanpted fraIl the City's requiraIEnt of undergrounding utilities.
We propose that upon the fornatioo of an as,:, ,,,,,t district for the purpose of undergrounding
utilities that we will join such a district. To insure that all of our panels will be included
in such a district, we IoOJld require that all I=Cels be 00und by conditions, coveoonts and
restrictions (''C C & R's") requiring participatioo in the assessTffit district.
Thank you for your con.sideratioo.
Very truly yours,
SIMA PartnerSrlp Nmber ere - Project Tho
Irnng M. <lEse
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No, 118
Jan. 1884
MEMORANDUM
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
DATE September 21, 1987
TC> HONORABLE MAYOR AND MEMBERS OF THE COMMON COUNCIL OF SAN BERNARDINO
FRC>M Glenda Saul, Executive Director
SUBJECT SIMA DEVELOPMENT - SUPPLEMENTAL REPORT FOR AGENDA ITEM 33
Attached is a supplemental report for Item #33 on the regular City
agenda, Staff would be glad to answer any additional questions you may
have.
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~~LENDA SAUL, EXECUTIVE DIRECTOR
JH:jbh:0280j
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SUPPLEMENTAL REPORT ON SIMA DEVELOPMENT ONE (NE COR OF MILL AND "G"STREETS)
Attached to this report Is a copy of a letter from SIMA. In the letter SIMA
asked for temporary exemption from the requirements of the City to relocate
electrical utility lines underground. At the Council meeting of Sep 8 this
request was expanded to ask that the requirement be waived If an assessment
district were not formed In two years time.
Attached to this report are four appendices:
A. Planning Commission action of Nov 5, 85 approving PM-9506.
B. Plan Ing Commission action of Jul 22, 86 approving PM-9506 (Rvsd).
C. RDA staff report for SIMA development agreement, Dec 22, 86.
0, SIMA development agreement, recorded Jan 5, 87.
The references In parentheses give page numbers in these appendices where
additional details can be found.
BACKGROUND
In February of 1986 SIMA was asked to stop and accomodate a redesign of the
alignment of "G" Street through their project. They had an approved Parcel
Map (ready to record), a grading permit, and approved building plans (ready to
pull permits). SIMA agreed to stop Its project and cooperate In the delays as
long as they were "fl nancl a 11 y made whole". Through the use of appra I sa 1 sand
engineering estimates, a reimbursement scheme was agreed upon and Incorporated
Into a development agreement between the Agency and SIMA.(C-2)
In the drafting the agreement the Agency looked at those costs which had
changed as a result of the redesign and the delay. No reimbursement was
planned for the cost of providing underground electrical service because
Agency Staff understood that to have been a requirement of both the first and
the second parcel maps, that Is there was no change caused by the delay, No
reimbursement was planned for landscaping because a specific oral statement
was made by the developer that they understood they would be responSible for
landscaping, No reimbursement was Included for a relocation of the City's
water line because the developer's engineer thought It would be provided by an
assessment district and did not include It In his estimates.
AGENCY ASSISTANCE
It Is estimated that the Redevelopment Agency will pay $ 1.1 million dollars
Into the SIMA project (C-7). The purpose of this assistance was to Improve
the alignment of "G" Street, to Implement the standards of the Overlay Zone,
and to begin the Improvement of the planned Intersection of "F" at "G"
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Street. In addition to the normal benefits in jobs and taxes that result from
development the project was undertaken because it would "provide the major
southern entry for the interior of the CCS Overlay Zone" (C-4). There was no
thought at the time of waiving or reducing the requirements of the City
generally, nor of compromising the design requirements of the Overlay Zone
specifically.
A two-way left turn lane was provided in place of landscaped median on the
s i gmoi d curve of "G" Street north of Mill. Thl s had to be confi rmed with the
developers before the study committee and the Council had made their final
decision regarding medians in the balance of the study area. The committee
was Informed and planned accordingly.
Included In total cost is a direct reimbursement to SIMA of $430,000 to
$470,000 depending upon the final cost of certain items (0-33). In addition
SIMA was credited $95,000 in costs (as estimated by its engineer) required to
relocate "G" street along the new properties and was also credited $128.000
for land that was dedicated by SIMA for the new alignment. This is a total of
$653.000 to 693,000 in direct reimbursements and credits to SIMA so that they
would not be harmed by the new alignment.
The cost of undergrounding electrical utility lines was not Included because
the Agency understood that this was a requirement of both the old and the
revised parcel maps.
"ORIGINAL" PARCEL MAP 9506
The first parcel map contained a standard requirement that said:
"All utility lines shall be Installed underground
subject to exceptions approved by the Planning
Department and the City Engineer." (A-7)
There was also a general requirement that all public utilities be constructed
In accordance with the City's Code (A-8). The Code requires that lines be
undergrounded as a condition of approval of subdivision maps. The conditions
of approval also spec I fi ed that the requi red improvement of "G" Street woul d: .
"Underground existing overhead power and telephone
lines along "G" Street and remove power poles
. ." (A-9)
SIMA says that they believed these conditions did not apply to them and that
their plans were approved without showing the underground service.
Nevertheless, other developers (who also thought the conditions did not apply
and who had approved plans and who also pulled their building permits at the
same time) were required to comply with the requirements before they received
Certificates of Occupancy. The Engineering Department had to bring a number
of developers Into compliance and this, presumably, would also have been the
case with SIMA.
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REVISED PARCEL MAP 9506
When the revised map was approved by the Commission on Jul 22, 86 there were
several conditions relating to the requirement that electrical lines be placed
underground. The cover letter to the developer's engineer states:
"All utilities, Including the transmission lines less
than 66KV and all distribution lines, shall be
underground." (B-2)
This condition was attached to the map by the Commission (B-7). There was
also a condition that required public utilities to conform to the City Code
and the City's standards which require that the electrical lines be placed
underground (B-8). Finally, there was a specific requirement that "G" Street
be Improved by the developer to:
"Underground existing overhead power and telephone
lines along "G" Street and remove power poles
. ." (B-10)
To conform with the thinking for the study area there was a condition to widen
the landscaping to 25' on "F", "G", and Mill. There were also specific
requirements that the developer's:
"Landscaping plans . . . conform to the standards
adopted by the Central City South Study." (B-7)
and that this Include the Improvement of the parcel on the other side of "G"
Street which has now become the property of SIMA:
"All Improvements for Parcel No.23 shall be borne
by the deve loper at no cost to the City." (B-7)
All of the conditions and standard requirements contained In the original map
were Incorporated In the conditions of the new map. (B-7)
DISPOSITION AND JOINT DEVELOPMENT AGREEMENT
In addition to the parcel map requirements, it was a specific obligation of
the redeveloper under the development agreement:
"To construct all the Improvements . . . I n accordance
with the requirements of the City. . . and In
accordance with the development standards required
by the overl ay zone . . ." (0-45)
This Included landscaping requirements, use restrictions, outdoor storage
prohibitions and other standards In the Devlopment Framework and Design
Guidelines for the overlay zone.
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IlEAL ESTATE INVESTMENTS. DEVELOPMENT
RENTALS: RETAIL STORES. OFFICE. INDUSTRIAL
890 W. Baker Streel, - Sulle. 200. C...ta Me... CanL 92626
(714) 545-7700
August 5, 1987
The Mlycr 1DI CaIIIm Council d. the Clty d. San Ill:........ dino
Clty lilll'
:D> North "D" Street
Ssl BemmIi.'Xl, California 92418
RE: SIMA F&.t..,ddp tbiler (he - Project 'lWo Mill aJd 't'" Streets
Imr Ib1orab1e Mlyar lIIllI Council:
We lave just been lIIvised by Srothem California Fdiscn 1ilat the CXlSl: d. urxIergrcuxIing the
utilities at the above referenced project is approxiJllltely four Imdre:I thirteen tinJsmd,
($413,CXD.OO) cfallars. It was always our impression that the urxiergranling d. utilities
was oot required m this project.
llIr belief is SJbstantiated by Fdiscn' s prier request far funds to relocate existing JXM!r
poles rather than un:Iergrounding SElIE. 1J-l'~ to say, the cost d. un:Iergrounding ti1ese
utilities IlIlkes 8 finardally diffiaJlt project oot feasible.
We request to be ta1lJm8rlly exsnpted fran the Clty 's requinm!nt d. urxiergrouniing utilities.
We propose that upcn the fOIDBtim d. an .... ,..It district for the JlUIllOBE! d. tmdergrounding
utilities that loIe will join such 8 distIict. To insure that all d. our JBI1els will be included
in such 8 distIict, loIe 1000ld require that all parcels be lnmd by CXlIditims, lX>VBllIlts aJd
restrictims ("e C & R's") requiring particilBtim in the .. ,...t district.
Thank yoo for your cmsideratim.
Very truly yours,
SIMA Fh. t...,ddp NuJber (he - Project 'lWo
Irving M. 0Ilse
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crry OF SAN BERNARDINO
300 NORTH "D" STREET. SAN BERNARDINO. CALIFORNIA 9241B
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EVLYN WilCOX
Movor
Memt:Mrl Of tn. Common Council
Cst... Eltreal. . . . . . . . . . . . . Ii'lrtt Wins
Jack Reilly............. . Second Wens
"aiD" Hernandez . . . . . . . . . . . Third Ward
SteveM.rks............... ~ourt"W'rCI
caoroonQul............... ~Itt"w.,a
Den Frazjer . . . . . . . . . . . . . . Slxtn Wlrd
.lKk Strldeler . . . . . . . . . . . .$eventh Ward
November 7, 1985
Wimbush Realty
2323-A Tustin Avenue
Santa Ana, CA 92705
Dear Sir or Madame:
At the meeting of the Planning Commission on November 5,
1985, the following action was taken:
The application for Parcel Map No. 9506, to create 20 parcels
in the M-2 General Industrial zone on approximately 8.76
acres located at the southeast corner of Velarde Street and
BG" Street and having a frontage of approximately 140 feet on
the south side of Velarde Street and a frontage of 849 feet
on the east side of BG" Street and including 314 feet of
frontage on the north side of Mill Street approximately 150
feet east of the centerline of "G- Street, was approved based
upon findings of fact contained in the staff report dated
November 5, 1985 and subject to the conditions and standard
requirements listed therein.
According to the San Bernardino Municipal Code, Section
18.28.120., the following applies to the filing of a lot line
adjustment or parcel map:
BAny aggrieved person may, within ten
written notice of the decision, appeal
Mayor and Common Council.-
If no appeal is filed pursuant to the above provisions of the
days of receipt
in writing to
of
the
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Wimbush Realty
November 7, 1985
Page 2
San Bernardino Municipal Code, the action of the Commission
shall be final.
Respectfully,
RANK A. SCBUMA
Planning Director
mid
cc: Engineering Division
Louisiana Pacific Corp.
P.O. Boz 54017
'1'erminal Annez
Los Angeles, CA 90054
A-2,
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,. CITY OF SAN BERNARDINO PLANNING DEPARTMENT-"
II.
SUMMARY
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11-,_Q,
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AGENDA ITEM
HEARING DATE
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APPLICANT' Wi us Realty
2323-A Tustin Avenue
Santa Anna, CA 92705
OWNER, Louisiana Pacific Corp.,
P.O. Box 54017
Terminal Annex, LA 90054
Parcel Map No. 9506
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The applicant requests approval to create 20 parcels in the M-2, General
Industrial Zone.
Subject property is an irregularly-shaped parcel of land consisting of
approximately 8.76 acres located at the southeast corner of Velarde Street
and "G" Street having a frontage of approximately 140 feet on the south
side of Velarde Street and 849 feet on the east side of "G" Street
including 314 feet of frontage on the north side of Mill Street approxi-
mately 150 feet east of the centerline of "G" Street.
PROPERTY
Subject
North
South
East
West
EXISTING
LAND USE
Vacant
Industrial
Commercial/Industrial
Railroad R/W
Vacant
ZONING
11-2
M-2
CM & M-1
M-2
M-1
GENERAL PLAN
DESIGNATION
General-Industrial
General-Industrial
General-Industrial
General-Industrial
General-Industrial
GEOLOGIC I SEISMIC DYES FLOOD HAZARD lXI YES lXIZONE A ( SEWERS 00 YES )
HAZARD ZONE l!) NO ZONE ONO OZONE B ONO
HIGH FIRE o y.,:S AIRPORT NOISE I DYES REDEVELOPMENT mil YES
HAZARD ZONE lXINO CRASH ZONE ~NO PROJECT ARE^ oNO
..J o NOT o POTENTIAL SIGNIFICANT Z [) APPROVAL
~ APPLICABLE EFFECTS 0
I- WITH MITIGATING - 0
Zen MEASURES NO E.I.R. lei CONDITIONS
&&.Ie!) o EXEMPT o E.I.R, REQUIRED BUT NO IL.O 0
:EZ IL.Z DENIAL
Z- SIGNIFICANT EFFECTS &&.I
00 WITH MITIGATING ~:E 0 CONTINUANCE TO
a:Z MEASURES en:E
:;i&: 0
Z II NO o SIGNIFICANT EFFECTS U
&&.I SIGNIFICANT SEE ATTACHED E.R. C. &&.I
EFFE CTS MINUTES a:
NOY. '111 REVISED .lULY "'2 ^ -
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11-5-85
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AGENDA ITEM
HEARING DATE
PAGE
1. Proposal is to subdivide approximately 8.76 acres of land currently zoned
M-2 Industrial into 26 parcels of land.
2. Parcel sizes would range in size from 6630 square feet to approximately
50,830 square feet. All proposed parcels provide sufficient area for
future development under the current zoning.
3. The applicant has proposed a change of zone to a C-M, Commercial Manu-
facturing designation for Parcel 26. In the event this request is denied
by the Planning Commission and Mayor and Council, sufficient area for
development under the existing zoning is provided.
4. Access to all parcels is provided by two new streets identified as streets
"A" and "B", a s well as the development of "F" Street north from Mill
Street. This traffic pattern has been found to be acceptable to the
Traffic Engineer. The applicant is also participating in the cost of
an installation of a traffic signal at Mill and "G" Street.
5. Since the development is located in the Redevelopment project area, a
set back of 20 feet from back of curb will be required for all buildings
fronting on a public street.
6. Two development concerns which will need to be addressed by the developer
at the time development occurs will be the location of refuse enclosure
acceptable to the Public Service Department and the issue of an on-site
fire hydrant versus sprinkled building.
7. The Environmental Review Committee issued a Negative Declaration at
their meeting of October 17, 1985,
8. The proposed parcel may comply with Chapter 18 and 19 of the San Bernardino
Municipal Code.
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CITY OF SAN BERNARDINO
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CASE p~ No. 9506
STANDARD REQUIREMENTS
AGENDA ITEM 116
HEARING DATE 11-5-85
PAGE I.
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COMMERCIAL, INDUSTRIAL
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Parcel Map No. 9506 shall be in effect for a period of 24 months
from the date of approval. However, if no development has been initiated at
the end of the 24-month period, the application shall expire. Additional
time may be approved upon request of the applicant prior to expiration of
the 24-month period. Expiration Date:
PARKI NG:
a. This development'shall be required to maintain a minimum of stan-
dard off-street parking spaces. -
b. All parking and driving aisles shall be surfaced with two inches of AC
over a suitable base or equivalent as approved by the City Engineer.
Parking spaces shall be striped and have wheel stops installed at least
three feet from any building, wall, fence, property line, or walkway.
c. Whenever an off-street parking area is adjacent to or across an alley
from property zoned residential, a solid decorative wall six feet in
height shall be erected and maintained along the property line so as to
separate the parking area physically from the residentially zoned pro-
perty provided such wall shall be three feet in height when located
within the required front or street side yard setback. Where no front
or street side yard is required, such wall shall be three feet in
height when located within ten feet of the street line.
d. Whenever an off-street parking area is located across the street from
property zoned for residential uses, a solid decorative wall or equiva-
lent landscape berm not less than three feet in height shall be erected
and maintained along the street side of the lot not closer to the
street than the required depth of the yard in the adjoining residential
area. No fence or wall located in the front setback shall obscure the
required front setback landscaping.
REFUSE ENCLOSURES:
Whenever refuse bins are located within or adjacent to a parking area used
by the public, they shall be enclosed by a decorative wall six feet in
height along the rear and sides and screened gate(sl six feet in height
along the front. The enclosure shall not be placed within the required
front or street side yard setback area. Exact location and size of refuse
enclosures are to be determined by the Planning Department and Division of
Public Services Superintendent.
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S.R. FORM B
PAGE I Of '.4-_('""
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-- CITY
OF SAN
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BERNARDINO
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STANDARD REQUIREMENTS
CASE PM No. 9506
AGENDA ITEM .' 1/6
HEARING DATE 11-5-85
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WALLS:
a. Six-foot high solid decorative walls shall be required on the north
,south ,east ,and west or peri ph era I property
iTiies. (On lYthose marked with "X"or check mark apply.)
x b. Chain-link fencing may be used, subject to approval by the Planning
Department.
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LANDSCAPI NG:
The intent and purpose of this section is to prevent trees and other
landscaping from damaging public improvements.
a. Street trees must be installed at a mnimum of 30 feet on center.
Varieties and exact location shall be determined by the Director of
Park and Recreation.
b. All required setbacks abutting a public right-of-way shall be
landscaped (except for walks and driveways which bisect or encroach
upon the required landscape area).
c. Three copies of a landscape plan (including plant material
specifications) shall be submitted to the Planning Department and Park
and Recreation Department for review and approval.
d. All required landscaping shall be protected from parking areas and
shall be provided with automatic sprinkler facilities which shall be
maintained in an operative condition.
e. Interior planting shall be required and maintained equal to at least
five percent of the open surfaced parking area excluding the area of
landscaping strip required by subsection "b" and shall include at least
one tree for every five spaces or major fraction thereof. Measurements
shall be computed from the inside of perimeter walls or setback lines.
f. The required setback(s) from the north , south , east_____,
~west property line shall be densely landscaped with mature trees,
shrubs, and groundcover. A -foot landscaped earthen berm shall be
erected and maintained within the setback along the above indicated
property Ii ne.
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I LLUMI NA TI ON:
a. All lighting fixtures in the parking areas shall be directed away from
adjacent properties and the public right-of-way.
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CITY OF SAN BERNARDINO
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CASE 1'~1 No. 95':'6
116
1} 5 95
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STANDARD
REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
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MECHANICAL EQUIPMENT:
a. Air conditioning and vent ducts shall be directed away from any adja-
cent residential uses.
b. All mechanical equipment located on the roof shall be screened and
located away from adjoining residential uses. Screening design shall
be approved by the Planning Department.
Comp 1 i ance wi th all reconmendati ons of the Geology Report sh all be requi red
(if applicable).
Grading and revegetation shall be staged as required by the City Engineer
in order to reduce the amount of bare soil exposed to precipitation.
5
During construction, the City Engineer may require a fence around all or a
porti on of the peri phery of the si te to mi ni mi ze wi nd and debri s damage to
adjacent properties. The type of fencing shall be approved by the City
Engineer to assure adequate project site maintenance, clean-up and dust
control.
Within 75 feet of any single-family residential district, the maximum
height of any building shall not exceed one-story or 20 feet unless the
Conmission determines that due to unusual topographical or other features,
such restrictive height is not practical.
6
All utility lines shall be installed underground subject to exceptions
approved by the Planning Department and the City Engineer.
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No Certifi cate of Occupancy shall be issued pri or to compli ance with these
Standard Requirements as well as all provisions of the San Bernardino
Muni ci pa 1 Code.
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All signs shall be in conformance with San 8ernardino Municipal Code
Section 19.60. Three copies of a plot plan and elevation of the sign drawn
to scale shall be submitted to the Planning Department for review and
approval prior to issuance of the sign permit from the Building and Safety
Department.
a. Monument-type signs shall not be located within the required setback
for the zoning district in which the sign is located. The monument
sign shall be located a minimum of 5 feet from the property line. If
the monument sign is located within the setback, it shall not exceed
an overall height of 3 feet.
b. All freestandi~ signs must have 8 feet of clearance between average
\.. ground level and the bottom of the sign.
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-<CITY OF SAN BEHN
DINO PU
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CASE I'M No. 9506
.. REQUIRE~JiENTS
AGENDA ITEM
HEARING DATE
PAGE
1/6
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Project Description: Tent. P.tl. 9506
26 lots at N.E. Corner 11111 Street & "G" St.
ENGINEERING DIVISION
tl~i't=i'O'll5 Da te:.
Prepared By: t1WG
Page 1 of 4
10-28-85
Reviewed By:
pages
Applicant: Wimbush Realty
STANDARD REQUIREMENTS
.
1. Payment of all appl.icable Engineering fees.
Engineering Division for schedule of fees.
Contact
2. Submittal of a grading/drainage plan conforming to all
.requi rements of Ti tl e 15 of the ~Iuni ci pal Code, i ncl udi ng
submittal of a satisfactory soils investigation containing
.recommendations for grading, prior to issuance of a-grading or
building permit.
4.
5.
6.
Dedication of sufficient right-of-way along adjacent streets
provide the ultimate master-lllanned width or as determined
the City Engineer.. .
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SPECIFIC REQUIREMENTS
1.
A parcel map based on field survey ~ill be required.
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CITY OF SAN
Bl:.rrn2~DINO PU~IC ..JO~RKS/ENGR. '"-
CASE' I'M No. 9506
REQUIREMENTS
~;'"ENOA ITEM
HEARING DATE
PAGE
#6
11-5-85
8
ENGINEERING DIVISION
Project Descri pti on: Tent. P.~I. 9506
26 lots at N. E. Corner Hi 11 Street & HGH St.
. &~;,t;~~s Oa te:
Prepared by: MWG ,
Page 2 of 4
10-28-85
Reviewed
pages
by:
2. Dedications:
a)
"G" Street" --
Centerline
dedication
face = 36'
south line.
to r/w line:
required).
and varies
44' (variable width
Centerline to curb
to meet existing at
b) Hill Street --'Centerline to r/w line: 41.25' (existing).
Centerline to c,urb face: 32.00' (existing).
c)
"F" Street --,Centerline to r/w line: 30' (30' dedication
required). Centerline to curb face: 20'.
d)
"8" Street
-- Ce'nterlin'e to r/w line: 30' (60' dedication
require~). Centerline to curb face: 20',
e)
"A" Street --
Centerline to rlw line: 30'
required plus cul-de-sac).
curb face: 20'.
(60' dedication
Centerl i ne to
f)
Velarde Street
-- Centerline to r/w
additional dedication).
face: 20'.
line: 30'.. (15'
Centerl i ne to curb
3. Required improvements:
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a) "Gn Street -- Construct curb, gutter, and 6'-wide widewalk
adjacent to curb, street lights, ifaving
(T.1. 6.5), si gni ng and stri pi ng. Rel oca te
all interfering improvements or utilities as
directed by the City Engineer. Underground
existing overhead power and telephone lines
along "G" Street and remove power poles
(except hi gl1 vol tage greater than 12KV),
b)
.
Mill Street -- Construct 6'-w1de s1d,ewalk adjacent
existing curb and install street lights.
-
to
.
^ ^
r"CITY OF SAN [3ER~BDINO P~')LlC \;VORiCS/ENGf.)
,I _ ,\SE- PH No. 950(,
;
REQUJREMEf\JTS
,AGENDA ITEM
'HEARING DATE
PAGE
#6
ll-r;-Hf)
q
Project Description: Tent.'P. M. 9506
26 Lots at N. E. Corner M111 ~treet & "[," ~t.
ENGINEERING DIVISION
"
',tewFt'i'U'ff5 Da te:
Prepared by:. MWG,
Page 3 of 4
10-28-85
Revl e~/ed by:
pages
.c) , ,"F" Street
, .
Construct curb and gutter. paving (T.I.=5.0l,
signing and striping. and street lights.
, R,e 1 o.c ate ,a n y ~ xis tin g imp r 0 v em e n t s 0 r
utilities as directed by the City Engineer.
Construct curb and 'gutter.. paving (T.I.=5.0l.
sigping and strf'ping. and street lights.
Relocate all interfering improvements or
utilities as directed by the City Engineer.
d) "8" Street
,'.
.. e) '"A" Street' -- Construct curb and gutter. paving (T.I.=5.0l
signing and. striping. and street lights.
Relocate atl interfering improvements or
utilities ~s directed by, the City Engineer.
f) Velarde Street -- Construct curb and gutter. paving
.(T.1.=5.ol. signing and striping,. street
1 i g h t s . R e 1 0 cat e all i n t e r f e,r i n g
improvements as directed by the City
Engineer. P,rovide mini mum 28' of pavement
on Velarde Street.'
g) Extend the City sewer system to serve the development as
directed by the City Engineer.
h) Construct handicap ramps per City Standard No. 205 at all
intersections within and adjacent to the site. Dedicate
sufficient right-Of-way to accommodate the ramps.
6. Contribute $12,500.00 as this subdivision's fair share of the
cost of a traffic signal at the intersection of Mill Street and
"e" Street.
7. If all improvements are not completed prior to recordation of
the parcel map. then the ~ubdivider shall file a security bond
and enter into an agreement with the City to guarantee
completion of the improvements within 24 months of map approval.
A-IO
----_._---- --.
_ (. :F~~TY OF SAN BERNt9D1NO PUP-trIC \'VORiCS/ENGR:)
. '_,_,,:, ' , :' ....3E PM No. 9506
",'. . - .
REQU~REMEf\JTS
116
AGENDA ITEM
HEARING DATE '
PAGE
11-'l-R,
In
ENGINEERING DIVISION
Project Description: Tent. 'P.M. 9506
26 Lots at N.E. Corner !lill St. & "G" St.
.
lU-lcHl~
Rev.lewed by:
pages
~OWft'i'lfflS Date:
, Prepared by: 'MHIi
Page 4 of 4
8. 6e~fgn plans for street,~sewer. and drainage shall be approved
by the City Engineer prior to approval of the parcel map.
. l -. . .
9. A composite site and grading/drainage plan and a grading permit
'will be required. '
10. A grading bond in the amount of $2.00 per cu~ic yard of cut or
fill, whichever ,is greater, will be required.
.
11. Applicable Engineering fees:
Plan checle and' inspection ftes for grading.
Plan checle and inspection fees for on-site
buildings) .
c) Plan checle and
d) Plan checle fee
e) ,Street light
acceptance.
a)
b)
worle (except
inspection fees
for parcel map.
energy fee for a
for off-site improvements;
peri od of 4 yea rs after
..
A-It
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CITY OF SAN BERNARDINO
PLANNING DEPARTMENT
AGENDA
ITEM #
LOCATION
CASE P .11. /19506
HEARING DATE 11/5/85
6
-III C'III r~____\ ,\ n. .. ,., II J I... 11 w):
C'3A 15JEJffi[~~ .
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C-3A A C-3A C-<lA C,M l; <M, 1"= 800'
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RIAL TO AVE. IUAl.TO' AVE. - .
R -,3
101-1 101-2 CoM CoM 101-2 101-
R-' -101
U!LlEVIEW 101,1 ~
R-I 3' CoM
:z:
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'ONG"ES :z: "'C-M CoM
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CITY OF SAN BERNARDINO 300 NORTH "0" STREET,SAN BERNARDINO. CALIFORNIA 9241B
EVLYN WilCOX
Mayor
Members of the Common Council
~her Estr.da. . . . . . . . . . . . . Flnt W.rd
J~ .ellly. . . . . . . . . . . . . . Second W.rd
Rstf;h 'Hernandez. . . . . . . . . . . ThIrd W.rd
StPII@Marko; . . . . . . . . . . . . . Fourth Werd
.Gorttll:ln Qulel . . . . . . . . . . . . . Fifth W.rd
iOltl"llFlt,azler . . . . . . . . . . . . . . Shdh Ward
JlIdl< 'Slrlckler . . . . . . . . . . . .Seventh W.rd
~,
July 24, 1986
Brown & Mullins, Inc.
Mr. Russ Mullins
2150 North Arrowhead Avenue
San Bernardino, CA 92405
Dear Mr. Mullins:
At the meeting of the Planning Commission on July 22 1986,
the following action was taken:
That the application for Revised Parcel Map No. 9506 to
create 21 parcels on an 11.4 acre site in the M-2, General
Industrial zone located at the southeast corner of Velarde
Street and "G" Street, north of Mill Street, was approved
based upon observations and findings of fact contained in the
staff report dated July 22, 1986, and subject to the standard
requirements listed therein, and subject to the following
co'nditions:
CONDITIONS:
1.
The 25 foot landscaped easement
and Mill streets shall allow
meandering sidewalks.
proposed along "F", "G"
for the provisions of
2. Street lights utilized as part of this development shall
conform to the Street Light Standards adopted by the
Central City South Study.
AA?eN.Ol'x
g
B-1
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Brown & Mullins, Inc.
July 24, 1986
Page 2
4.
~
5.
L
6.
3.
Landscaping plans for all
No. 9506 shall conform to
Central City South Study.
parcels included in Parcel Map
the standards adopted by the
Parcel No. 2 shall be restricted to light turn-in and
turn-out movements.
All utilities, including the transmission lines less]
than 66Kv and all distribution lines, shall be
underground.
All improvements for Parcel No. 23 shall be borne by the
developer at no cost to the City. The City will enter
into a reimbursement agreement with the applicant upon
final resolution in the development of said Parcel.
7. Parcel Map No. 9506 shall be in effect for a period of
24 months from the date of approval. However, if no
development has been initiated by the end of the 24
month period, the application shall be null and void.
Additional time periods may be approved upon request of
the applicant prior to expiration of the 24 month
period.
8.
All conditions and standard requirements
the original approval of Parcel Map No.
applicable.
contained
9506 shall
in
be
According to the San Bernardino Municipal
19.78.070., the following applies to the
conditional use permit:
"The decision of the Commission shall be final unless
appealed in writing to the Mayor and Common Council. The
written appeal shall be submitted to the office of the City
Clerk within ten days from the date of the Commission's
decision. The Common Council, after receipt of the appeal,
shall conduct a public hearing and may either approve, modify
or reject the decision of the Planning Commission."
Code, Sect ion
filing of a
f~
B-~
'"-
c
Brown. Mullins, Inc.
July 24, 1986
Page 3
If,no appeal is filed pursuant
San Bernardino Municipal Code,
shall be final.
~
'oJ
to the above provisions of the
the action of the Commi~sion
Respectfully,
(~-,~/~
FRANK A. SCHUMA,
Planning Director
FAS/mtb
cc: Louisiana Pacific
P.O. Box 540l7,
Terminal Annex
Los Angeles, CA 90054
City of San Bernardino
Engineering Division
:)
8-3
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,
CiTY OF
o
BERNARDINO
o
PLANNING
J
DEPARTMENT"
SAN
SUMMARY
AGENDA ITEM
HEARING DATE '
WARD
7
7/??/RF,
1
~
..
APPLICANT'
I&J
(I)
C[
(.)
arcel Map No. 9506 Revised
OWNER'
rown
Mr. Russ Mullins
2150 N. Arrowhead Ave.
San Bdno., CA 92405
Louisiana Pacific
P.O. Box 54017, Terminal
ex
~ he applicant requests approval to create 21 parcels on an
I&J ll.4 acre site in the M-2, General Industrial zone.
:)
(7
I&J
a::
....
C[ ubject site is located at the southeast corner of Velarde Street
I&J nd "G" Street, north of Mill Street.
a::
C[
(
PROPERTY
Sub.; ect
Horth
South
East
West
EXISTING
LAND USE
Vacant
Industrial
Comm, /Industrial
Railroad R of W
Vacant
ZONING
M-2
M-2
C-M & M-l
M-2
M-l
GENERAL PLAN
DESIGNATION
General Industrial
General Industrial
General Industrial
General Industrial
General Industrial
GEOLOGIC / SEISMIC DYES FLOOD HAZARD ~YES OZONE A ( SEWERS ~YES )
HAZARD ZONE !Xl NO ZONE oNO OZONE B oNO
HIGH FIRE DYES AIRPORT NOISE / DYES REDEVELOPMENT [l YES
HAZARD ZONE !Xl NO CRASH ZONE !Xl NO PROJECT ARE^ ONO
...J o NOT o POTENTIAL SIGNfFICANT Z I2Q APPROVAL
t: APPLICABLE EFFECTS 0
WITH MITIGATING ti 0 CONDITIONS
Z(I) MEASURES NO E,I,R,
I&J(!) o EXEMPT o E,'R REQUIRED BUT NO .....0 0
:IiZ .....~ DENIAL
Z- SIGNIFICANT EFFECTS
00 WITH MITIGATING ;!:Ii 0 CONTINUANCE TO
a:Z MEASURES (1)21
:;lL 0
Z &;J NO o SIGNIFICANT EFFECTS (.)
I&J SIGNIFICANT SEE ATTACHED ER, C, I&J
EFFECTS MINUTES a:
HOV 1911 REVilED JULV ...2
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE PM NO. 9506 REV'D
OBSERVATIONS
AGENDA ITEM 7 '
HEARING DATE 7/22/86
PAGE 2
1. The proposal is to subdivide approximately 11.35 acres
of land currently zoned M-2, General Industrial into 2l
parcels.
2.
3.
(
4.
5.
Parcel sizes range from approximately
to approximately 68,800 square feet in
posed parcels provide sufficient area
opment under the current zoning.
5,900 square feet
area. All pro-
for future deve1-
Access to all parcels is provided by three new streets
identified as Oak Court, Birch Court and -G" Street,
which is proposed to be realigned. The Engineering
Department has indicated that neither the subdivider nor
the City owns all of the right-of-way for -G" Street, as
proposed on this map. The Redevelopment Agency has been
negotiating for the acquisition but has not obtained any
committment from the property owner.
If the subdivider or the Redevelopment Agency cannot
acquire the property, the City will have to acquire the
right-of-way through condemnation or the condition to
improve "G" Street will be automatically waived.
At the Planning Commission meeting on November 5, 1985,
the application for Parcel Map No. 9506, to create 20
parcels in the M-2, General Industrial zone was
approved.
At their regularly scheduled meeting of July
the Environmental Review Committee recommended
of a negative declaration for Parcel Map
Revised.
l7, 1986,
adoption
No. 9506
6. The proposed Parcel Map complies with Chapter 18
(Subdivisions) and Chapter 19 (Zoning) of the San
Bernardino Municipal Code.
'"
B--,,"
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE PM 9506REV'D
FINDINGS of FACT
7
7/2?186
':\
AGENDA ITEM
HEARING OATE
PAGE
1. Parcel Map No. 9506 is in compliance with the develop-
ment standards of the M-2 zone in Title 19.
2. Parcel Map No. 9506 is in compliance with the subdivi-
sion requirements of Title 18 and the State Subdivision
Map Act.
3.
Parcel Map No. 9506
Bernardino General
Industrial.
is consistent with the City of San
Plan designation of General
'4. Parcel Map No. 9506 is compatible with the surrounding
area development.
5. Access to all parcels will be provided by a dedicated
public street.
(
6.
Each proposed lot is of adequate size and shape to
accommodate a commercial or industrial use.
RECOMMENDATION
Based upon the observations and findings of fact contained
herein and subject to the standard requirements attached
hereto, Staff recommends approval, of Parcel Map No. 9506
Revised.
Respectfully Submitted,
FRANK A. SCHUMA,
Planning Director
Planner
8-"
o 0
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
CASE PM 0 'iOF. l1T:\T' n
,
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CONDITIONS
AGENDA ITEM
HEARING DATE
PAGE
7
7/''11';1,6
'-";:'
JhE FOLLOWIrlq CONDITIONS ARE BEING ADDED TO PARCEL MAP NO, 9506 REVISED
AS COclDITIONS OF APPROVAL ;
--r:- ~e- Z5 'Ioot-ranascaped easement proposed along "F", "G"
and Mill Streets shall allow for the provisions of
meandering sidewalks.
2.
Street lights utilized as part of this development shall
conform to the Street Light Standards adopted by the
Central City South Study.
Landscaping plans for all parcels included in Parcel Map
No. 9506 shall conform to the standards adopted by the
Central City South Study.
3.
4. Parcel No. 2 shall be restricted to light turn-in and
turn-out movements.
5.
All utilities, including the transmission lines less
than 66Kv and all distribution lines, shall be
underground.
All improvements for Parcel No. 23 shall be borne by the
developer at no cost to the City. The City will enter
into a reimbursement agreement with the applicant upon
final resolution in the development of said Parcel.
7. Parcel Map No. 9506 shall be in effect for a period of
24 months from the date of approval. However, if no
development has been initiated by the end of tY.e 24
month period, the'application shall be null and void.
Additional time periods may be approved upon request of
the applicant prior to expiration of the 24 month
period.
6.
8. All conditions an~ standard requirements contained in
the original approval of Parcel Map No. 9506 shall be
applicable.
\..
...
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CITY OF SAN BERNARDINO
CASE NO:
PM 9506
MEETING DA 1E :
PAGE NQ:
7
STANDARD REQUIREMENTS
R'FV'n
7/22/86
4
,
ENGINEERING DIVISION
""""ll
Project Descri pti on: TiD~ P M. 9506 (Rev; ed)
~6 lots at H.E.C. Mill St. 6" ~t.
g'll'mtl't=i'O'R'S' Da te :
Prepared By: MWG
Page 1 of
7/11/86
ReVlewed 8y:
5 pages
Owner/Applicant: Wimbush Realty
NOTE TO APPLICANT: Where separate
Englneer1ng plans are required, the
applicant is responsible for
submitting the Engineering plans
directly to the Engineering Division.
They may be submitted prior to
submittal of Building Plans.
'-
STANDARD REQUIREMENTS
1. Payment of all applicable Engineering fees.
Engineering Division for schedule of fees.
2. Submittal of a grading/drainage plan conforming to all
requirements of Title 15 of the Municipal Code, including
submittal of a satisfactory soils investigation containing
recommendations for grading, prior to issuance of a grading or
building permit.
Contact
3. All drainage from the development shall be directed to an
approved pUblic drainage facility. If not feasible, proper
drainage facilities and easements shall be provided to the
satisfaction of the City Engineer.
-I-.
4. Design and construction of all public utilities to serve the
site in accordance with City Code, City Standards and
requirements of the serving utility. If more than one lot is
involved, each lot shall be served individually. _
5. Design and construction of all required public improvements to
conform to the ultimate planned cross section (such as street
widening, curb and gutter, sidewal k, street lights, handicap
ramps, and others) in accordance with the Municipal Code, City
Standards and the requirements of the City Engineer.
l ~B~
MAR~H III! Iky
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1....'
1"'....,
......
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CITY OF SAN BERNARDINO
CASE NO,: 7
PM 9506 REv'n
MEETING DATE: 7/22/86
PAGE NO: 5
~
STANDARD REQUIREMENTS
\.
,
Project Descri pti on: Tent. P.M. 9506 (Revis d)
26 lots at N.E.C. Mill St. & "G" St.
ENGINEERING DIVISION
6'eRl!I~h_ Oa te :
Prepared by: MWG
pa ge 2 of 5
7/11/Bo
Rev1ewed
pages
by:
6. Dedication of sufficient right-of-way along adjacent streets to
provide the ultimate master-planned width or as determined by
the City Engineer.
SPECIFIC REQUIREMENTS
(
1. A parcel map based on field survey will be required.
2. De d i cat ion s:
a) "G" Street"
Centerline to r/w line = 44'. Centerline
to curb face = 33' to meet existing at south
line. Dedicate and construct both sides
through the project.
b) Mill Street -- Centerline to r/w line = 41.25' (existing).
Centerline to curb face = 32.00' (existing).
c) Birch Street -- Centerline to r/w line = 30' (60' dedica-
ti on requi red). Centerl i ne to curb face =
20' .
d) Oak Street
Centerli ne to r/w 1 i ne = 30' (60' dedi ca-
tion required pl us cul-de-sac). Centerl i ne
to curb face = 20'.
e) "r" Street -- Centerline to r/w line = 44' Centerline to
curb face = 33'.
f)
Velarde Street -- To be vacated on parcel map.
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CASE PM 9506 REV 'D
CITY OF SAN BERNARDINO
STANDARD
'''"-
REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
7
11l"LI'cib
b
~
ENGINEERING DIVISION
.
;
"
~
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Project Description: Tent. P.M. 9506 (Revi~ d)
26 lots at N.E.C. Mill St. & "G" St.
't=lmd"~II'$ Da te : ~ 1/8~
Prepared By: ~HG -Reviewed By:
Page 3 0 5 pages
a)
"G" Street
Required Improvements:
3.
\.
b) Mill Street
c) Birch Street
~,
d) Oak Street
e) "F" Street
\..
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Construct curb, gutter, and 6'-wide
sidewalk adjacent to curb, street lights,
paving (T.I. 6.5), signing and striping.
R e 1 0 c a te a 11 i n te r fer i n g imp r 0 v em e n t s 0 r
utilities as directed by the City Engineer.
Underground existing overhead power and
telephone lines along "G" Street and remove
power poles (Except high voltage greater
than 66KV). Construct a landsaped median
island on "G" Street at Mill Street as
directed by the City Engineer.
-
-
Construct 6'-wide sidewalk adjacent to
existing curb and install street lights.
Construct curb and gutter, paving (T.I. =
5.0), signing and striping, and street
lights. Relocate all interfering
improvements or utilities as directed by the
City Engineer. Construct temporary cul-de-
sac at East end.
Construct curb and gutter, paving (LI. =
5.0) signing and striping, and street
lights. Relocate all interfering
improvements or utilities as directed by the
City Engineer.
Construct curb and gutter, paving (T.I. =
5.0), signing and striping, street lights.
Relocate all interfering improvements as
directed by the City Engineer.
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CITY OF SAN BERNARDINO
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CASE "PM lITO q'iO'; RF" ',D
STANDARD REQUIREMENTS
.....
AGENDA ITEM 7
HEARING DATE 7/11 IRF.
PAGE '7.
~
~
ENGINEERING DIVISION
"
Project Description: Tent. P.~1. 9506 (Revi d)
26 lots at N.E.C. Mill St. & "G" St.
~1I'1~1l'5 Da te:
Prepared By: MWG
Page 4 of
7/11/86
Reviewed By:
5 pa ge s
(
f) Extend the City Sewer system to serve the development as
directed by the City Engineer.
g) Construct handicap ramps per City Standard No. 205 at all
intersections within and adjacent to the site. Dedicate
sufficient right-of-way to accommodate the ramps.
h) Desi gn and construct drainage system as necessary to
protect site from flooding and to mitigate any adverse
downstream impacts.
4) Contribute $12,500.00 as this subdivision's fair share of the
cost of a traffic signal at the intersection of Mill Street and
lOG" Street.
5) If all improvements are not completed prior to recordation of
the parcel map, then the subdivider shall file a securi ty bond
and enter into an agreement with the City to guarantee
completion of the improvements within 24 months of map
approval.
6) Design plans for street, sewer, and drainage shall be approved
by the City Engineer prior to approval of the parcel map.
7) A composite site and grading/drainage plan will be required.
If more than l' of fi 11 or 2' of cut is proposed, then a
grading plan signed by a Civil Engineer and grading permit will
be required.
8)
A grading bond in the amount of $2.00 per cubic yard of cut or
fill, whichever is greater, will be required if the quantity of
earthwork exceeds 5,000 c.y.. and the grading shall be
supervised in accordance with Section 7014 of the UBe.
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CITY OF SAN BERNARDINO
.....
CASE PM NO. 9506 REV'D
7
7/'J?/F!f,
R
~
STANDARD
REQUIREMENTS
AGENDA ITEM
HEARING DATE
PAGE
""
ENGINEERING DIVISION
.....
Project Description: Tent. P.M. 9506 (Revis d)
26 lots at N.E.C. Mill St. & "GO St.
~
GooIl444h#& Oa te :
Prepared By: MWG
Page 5 of 5
7/11/80
Reviewed By:
pages
9) Applicable Engineering fees:
a} Plan check and inspection fees for grading.
b} Plan check and inspection fees for on-site work (except
buildings).
c} Plan check and inspection fees for off-site improvements.
(
~ d) Plan check fee for parcel map.
e) Street light energy fee for a period of 4 years a f te r
acceptance.
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CITY OF SAN BERNARDINO
PLANNING DEPARTMENT
AGENDA
ITEM #
LOCATION
CASE
Parcel Map #9506 Revised
7
HEARING DATE 07 (22/86
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REDEVELOPMENT AGLJ:'(.REQUEST FOR COMI. SSION/COUNCIL ACTION
From: Glenda Saul, Executive Director
Subject: SIMA DEVELOPMENT - MILL AND "G"
STREETS
Dept: Redevelopment Agency
Date: December 16, 1986
Synopsis of Previous Commission/Council ection:
03/03/86
Exempted SIMA Partnerehip from Ordinance MC-50l (the l20-day moratorium of
buiding permits in Central City South).
Authorized vacation of "F" Street.
Resolution #4858 authorized acquiBition of property for the realignment of
"F" and "G" Streets.
11/17/86
Set joint public hearing for 12/22/86 to consider sale of land to SIMA.
Recommended motion:
Open Public Hearing
Close Public Hearing
(COMMUNITY DEVELOPMENT COMMISSION)
a) MOVE TO ADOPT RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A DISPOSITION AND JOINT
DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND SIMA PARTNERSHIP.
(MAYOR AND COMMON COUNCIL)
b) MOVE TO ADOPT RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF A
CERTAIN PARCEL OF PROPERTY AT THE NORTHEAST CORNER OF THE INTERSECTION OF "G"
STREET AND MILL STREET IN THE CITY OF SAN BERNARDINO BY THE REDEVELOPMENT AGENCY
" TIlE CITY " SON '''''''''Dm to SIMA '~4~"!,ft'l
Contact person:
Glenda Saul and Sandy Lowder
Supporting data attached:
YES
Phone: 383-5081
1st
Ward:
FUNDING REQUIREMENTS:
Amount: $
l,l06,780
Central City South
Project:
December 22, 1986
Date:
f:.O/.JJ. =II- ~91 L(C DC' )
1904G/JH
12/22/86
No edverse Impact on City:
CDuncil Notas: (/('~ t 4 /.,,) -d;;) -y (;
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REDEVELOPMENT AGE..cy.REQUEST FOR CO....SSION/COUNCIL ACTION
STAFF REPORT
Staff and the Redevelopment Committee are recommending that the
Commission approve a Disposition and Joint Development Agreement for the
Sima development at the northeast corner of Mill and "G" Streets.
BACKGROUND
In February of 1986 Sima wss asked to stop and accomodate a redesign of
the alignment of "G" Street through their project. They had an approved
Parcel Map (ready to record), a grading permit, and approved building
plans (ready to pull permits). The grading permit had been issued and
they were grading the site. Since this redesign would require the
acquistion of the Hajoca bUilding it would also make additional land
available, if they wished to purchase it, for their project.
Sima agreed to stop it's project and cooperate in the delays as long as
they were "financially made whole". Meanwhile the process of developing
and adopting the CCS Study Area Overlay Zone went forward and Sima's
project was redesigned to accomodate the new standards thst were
created. Appraisals were obtained for the new land parcels that would
be created by the realignment of "G" Street and staff met with the
developers to redeBign the Parcel Map. By the time construction is
resumed it will be nearly a full year that the project was delayed.
Staff met with the developers to determine the 10Bses that occured so
that they could be evaluated by Keyser Marston. Dick Botti at Keyser
Marston then obtained additional information from the architects,
engineers, and other vendors. He modified and corrected the amounts
that were submitted to arrive at a recommended reimbursement. The final
letter from Keyser Marston is attached. It reccomends full
reimbursement of items that totaled $237,669 but questioning two items
-- the carrying costs of the land at $75,000 and the loss of a
beneficial construction contract valued $177,000. A response from Chase
Development Company is slso attached which summarizes their views.
Dick Botti from Keyser Marston, Agency staff, and the developers met on
November 4, 1986 to discUBS these issues. Mr. Botti agreed that a
compromise waB indicated and staff is recommending that the loss on the
contract be reduced by 75% but that the carry costs be allowed at full
value. These two items would then total $139,250.
In addition to these items there are three losses whose exact amounts
are not known today. They are a deposit paid to Edison, part of which
may be transferable to the new project; some landscape deBign work which
may be partly transferable; and the grading for the original project
A ~
CIT~ OF SAN BERN....RDI,Q - REQUES9 FR COUNCIL ACTI~
STAFF REPORT
.
which will not have to be entirely redone for the new project. These
items originally cost a total of $96,815. The loss is not known but
staff is using 75% of that or $72,611 as an estimate for the purposeB of
analyslB.
Also involved in the new project are the land purchaBes (and additional
dedications by Sima) that result from the realignment of "G" Street.
Sima will give up land that has been appraised at $128,000. They will
buy two parcels of land whose value is $197,000 and $251,500
respectively. TheBe values are arrived at by subtracting from the
appraised projected values the engineer's estimateB of the improvement
COBtS that will be required to create the parcels.
PROPOSED AGREEMENT
Project-Location
The project as shown on the attached map is located on the northeast
corner of Mill and G StreetB. It will also include the remainder of
land from the vacation of the preBent alignment of G Street shown as
Parcel C.
Agency Obligations
The Agency will reimburse Sima for $376,920 of losses. When this is
netted against the amount Sima will pay for the land it produceB a net
outlay of $56,419 to the developer. The total of the three items whose
amountB are not known at this time will be added when they can be
determined. For the purposes of analysis we are eBtimating that the
total outlay to Sima will be $109,031. This will be paid over time from
tax increments generated by the project.
Total
$ 356,920
72,611
(320,500)
$ 109,031
Current ReimburBements
Estimated Future ReimburBements
Land Swap
In a related transaction the Agency will acquire the Hajoca site and
relocate their busineBs. The appraised value, relocation costs, and
demolition costs total $845,000. This will be paid 50% down with the
balance due in 10 years at 6% interest (adding $162,750 in interest
COBtB) .
.,...02&A
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CITfoF SAN BERN".RDI~ - REQUESY F II COUNCI~ ACTI~
STAFF REPORT
Developer's Obligstions
The developers will be required to construct 30,500 SF of retail
buildings and 19 industrial/office buildings totaling 60,856 SF in Phase
I to create $3.0 million in new improvements by August of 1987. They
will construct $500,000 in a second phase to be completed in 5 years or
1eBB.
Totals
Sq Ft
60,856
10,000
70,856
Value
Complete
Ph I
Ph II
$ 3,000,000
500,000
$ 3,500,000
Aug 1987
Dee 1992
They will construct all the improvements for the realignment of "G"
Street and will meet the development standards required by the new
Overlay Zone. Sima will also pay $320,500 for the land they acquire in
the land swap.
ANTICIPATED BENEFITS FOR AGENCY AND CITY
In addition to the improved alignment of "G" Street, the implementation
of the Overlay Zone standards, and the installation of a portion of the
major intersection of "G" at the planned alignment of "F" Street, the
Agency and City will expect to receive the following estimated benefits:
Item
Estimate
Agency:
Tax Increment
(@ 1% x 70%)
$ 24,500 per year
City:
Sales Tax
$ 64,350 per -rear
$ 36,475 per year
$ 70,000 once
Utility Tax
City Fees
Emp1o}'IDent
136 new jobs
This project will provide the major southern entry for the interior of
the CCS Overlay Zone.
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SUMMARY OF FINANCIAL ASPECTS
OF PROPOSED SALE OF REAL PROPERTY
IN THE CITY OF SAN BERNARDINO
SIMA PARTNERSHIP
CENTRAL CITY SOUTH PROJECT AREA
It is proposed that the Redevelopment Agency of the City of San
Bernardino sell the land shown on the attached Exhibit "A".
1) The cost of the agreement to the Agency, including land
acquisition cost, clearance costs, relocation costs, the costs
of any improvements to be provided by the Agency, plus the
expected interest on any loans or bonds to finance the lease is
$I,106,7BO.
2) The estimated value of the interest to be conveyed or leased,
determined at the highest uses permitted under the plan is
$448,500.
3) The purchase price will be $448,500 which is not less than the
fair market value in (2) above.
The attached Exhibit "B" describes the transaction.
0089j
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REQUIRED IMPROVEMENTS (per Brown & Mullins)
PARCEL A (Cedra)
1/4 of Item 1 @ $7,120
1/2 of Item 2 @ $8,043
1/2 of Item 3 @ $53,416
PARCEL C (Remainder)
1/2 of Item 2 @ $8,043
1/2 of Item 3 @ $53,416
40% of Item 4 @ $76,832
ADJUSTED APPRAISAL VALUES
PARCEL A (Cedra)
Value per appraisal
less Improvement costs
PARCEL B (Sima dedication)
Value (no adjustment)
PARCEL C (Remainder)
Value per appraisal
less Improvement Costs
LAND SWAP WITH SIMA
Parcel B (Dedicated by Sima)
Parcel A (Portion of CEDRA)
Parcel C (Remainder parcel)
Net Land Purchase by Sima
JH:jbh:0059j
Total
$ 1,780
4,021
26.708
$ 32.509
or say $ 32,500
Total
$ 4,021
26,708
30,733
$ 62,462
or say $ 62 500
Total
Total
Total
$ 229.500
<32.500)
$ 197,000
$ 128,000
$ 313.000
(62,500)
$ 251,500
$ (128.000)
197,000
251,500
$ 320,500
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Recording Requested by:
REDEVELOPMENT AGENCY
ItECORDEOIN
OFFICIAL RECORDS
1981 JAIl -5. I): 39
SAN BERNARDINO
CO.. CALIF.
:#lfr7/
When Recorded Mail to:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
300 North -D" Street, Rm. 320
San Bernardino, CA 92418
CITY BUSINESS: FREE
This Is to certify that this dotument Is
presented for record by the Redevelop.
ment Agency of the City of San Bernar.
dinO. California, under Government
Code Section 6103,
87-OO12f.C
FEE S',ry CCS PEP
-0- C
USA FTB DBP CO
DISPOSITION AND JOINT DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, CALIFORNIA,
AND
SIMA PARTNERSHIP NUMBER ONE
A CALIFORNIA PARTNERSHIP
A PPe.NPI)( 0
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
DISPOSITION AND JOINT DEVELOPMENT AGREEMENT
(CENTRAL CITY SOUTH PROJECT AREA)
THIS AGREEMENT is made and entered into this ~::J. ...~ day
of DE<..EMI'3..ei2 , 19.1k, by and between the REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, a public
body corporate and politic, hereinafter called the "Agency",
and SIMA PARTNERSHIP NUMBER ONE, a California partnership,
together with its permitted successors and assigns,
hereinafter called the "Redeveloper".
RECITALS
This agreement is made with reference to the following
facts:
(a) In furtherance of the objectives of the Community
Redevelopment Law of the State of California (Health and
Safety Code of the State of California, Sections 33000 et
seq.), the Agency has undertaken a program for redevelopment
of, blighted areas in the City of San Bernardino, California,
and, in this connection, pursuant to Ordinance No. 3572 of tne
City of San Bernardino, California, adopted May 3, 1976, the
City and the Agency have approved and adopted the
"Redevelopment Plan". Pursuant to the provisions of the
Redevelopment Plan, the Agency and the City have undertaken
and are now carrying out the responsibility for a
redevelopment project, designated as the Central City South
Redevelopment Project, for a designated area (being
2
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87-001260
hereinafter called the .project Area.). The boundaries of the
Project Area are described in the Redevelopment Plan which, by
this reference, is incorporated herein and made a part hereof.
(b) That certain parcel of real property more
particularly described in Exhibit .A., attached hereto and by
this reference made a part hereof (hereinafter called the
.Property"), is located within the Project Area, and under
said Redevelopment Plan may be developed for private use.
(c) The Redeveloper had made an offer to purchase the
Property and to redevelop it, together with additional land
already owned by the Redeveloper, in accordance with the uses
specified in the Redevelopment Plan, by constructing a
commercial/industrial development ("Project").
(d) The Agency has considered all pertinent data and
analysis, including the reports of its consultants and the
reports and recommendations of its staff, and the Agency
believes that the redevelopment of the Property pursuant to
the provisions of this agreement is in the best interests of
the City and employment growth, and is in accord with the
public purposes and provisions of applicable laws and
regulations under which the Project Area is governed.
(e) Pursuant to the provisions of California Health and
Safety Code Section 33433, the Agency gave notice and held a
public hearing on P&E~7/X:K. :;J~, t9i{f>, at which time the form of
the agreement for disposition and development was available
for public examination. By Resolution No. Q971, on
OECE#1t3tEt2 ~2, 19 (r,!" sale of the Property provided for
3
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87-001260
herein to Redeveloper was authorized, and the Agency approved
this agreement and determined that the method of disposition
provided for in this agreement is the most effective method
for accomplishing the objectives of the Agency.
(f) On the basis of the foregoing, and the undertakings
of the Agency and the Redeveloper under this agreement, the
Agency desires to sell and the Redeveloper desires to purchase
said Property in accordance with the provisions of the
Redevelopment Plan and this Agreement.
NOW, THEREFORE, IT IS AGREED between the parties hereto
as follows:
1. Sale of ProDertv. Convevance Terms.
A. Subject to all terms, covenants, and conditions of
this agreement, the Agency agrees to convey the Property to
the Redeveloper at a total acquisition price of $448,500.00 on
the terms specified in the Undertakings and Obligations of
Agency set forth hereinafter in Exhibit -B". Under those
provisions, the purchase price will be credited against
Agency's undertakings.
B. At the time of delivery of one or more grant deeds
for the property (the -Closing-), title to the Property shall
be conveyed to the Redeveloper by grant deed substantially in
the form attached hereto as Exhibit "B", and by this reference
made a part hereof. The Agency shall prepare such deed.
C. The Redeveloper shall have the right to enter into
possession of the Property upon delivery of the grant deed
from Agency.
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87-001260
D. The title to the Property conveyed by the Agency to
the Redeveloper shall be a marketable title free and clear of
all liens, encumbrances and exceptions, except as follows:
Ci> The title shall be subject to the conditions
and restrictions set forth in the Declaration of Restrictions,
recorded in Book No. 9033 at Page 807 et seq., in the official
records of the County of San Bernardino Cthe -Declaration">,
which Declaration is incorporated herein by reference.
Cii> All of the agreements, covenants and
conditions undertaken by the Redeveloper under this agreement.
2. Obliaations of Aaencv. The Agency shall be
responsible for and complete the actions set forth in Exhibit
-B" and agrees to use its best efforts to complete them prior
to, or concurrently with, the completion of the required
actions to be taken by the Redeveloper.
3. Obliaations of RedeveloDer.
A. The Redeveloper agrees to be responsible for and
complete the actions set forth in Exhibit "D- within the time
schedule set forth therein.
B. Redeveloper has submitted to Agency development
plans. The plans have been approved by the Agency, and such
plans meet the requirements of the Redevelopment Plan and the
Declaration. Any changes in plans shall require the specific
approval of the Executive Director of Agency.
C. The Project shall be constructed in accordance with
all applicable State and local building and zoning laws and
regulations and shall conform to the plans.
5
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87-001260 ::)
D. Following Closing and until construction of the
Project has been completed, the Redeveloper agrees to make a
'detailed written report every six (6) months to the Agency as
to the progress of such construction. During such period,
construction of the Project shall be subject to inspection by
representatives of the Agency.
4. Certificate of ComDletion.
A. After completion of the Project in accordance with
the plans, as amended by any changes approved pursuant to
Section 3B hereinabove, the Agency will promptly furnish the
Redeveloper with a Certificate of Completion substantially in
the form of Exhibit -E" hereto Cthe "Certificate-). The
Certificate shall be conclusive determination of satisfactory
termination of the agreements and covenants of this agreement
and the grant deedCs), with respect to the obligation of the
Redeveloper, provided that the Certificate shall not
constitute evidence of compliance with, or satisfaction of,
any obligation of the Redeveloper to any holder of any
mortgage, securing money loaned to finAnce the improvement, or
any part thereof. If the Project is_developed in phases, with
approval of the Agency, a partial Certificate of Completion
shall be given upon completion of any such phase; such
Certificate shall be applicable only to such phase.
B. The Certificate provided for in this Section shall be
in such form as will enable it to be recorded with the County
Recorder of San Bernardino County. If the Agency shall refuse
or fail to provide the certification in accordance with the
6
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87-001260
provisions of this Section, the Agency shall, within fifteen
(15) days after written request by the Redeveloper, provide
the, Redeveloper with a written statement indicating in detail
in what respects the Redeveloper has failed to complete the
improvements in accordance with the plans or is otherwise in
default under this agreement and what measures or acts will be
necessary, in the opinion of the Agency, for the Redeveloper
to take or perform in order to obtain the Certificate. Upon
Redeveloper'S correction of the deficiencies noted in such
letter, the Agency shall promptly furnish the Certificate.
5. Maintenance.
A. The Redeveloper agrees that the Redeveloper shall, to
the Agency's reasonable satisfaction, properly maintain the
parking areas and landscaped areas and parkways on the
Property as shown on the plans, as approved by the Agency, and
required by the conditions and restrictions of the
Declaration.
B. In the event Redeveloper fails to perform the
maintenance as provided herein, Agency shall give notice to
Redeveloper of its alleged failures, and detail the corrective
steps to be taken. Redeveloper shall have the right to be
heard by the Community Development Commission if it requests a
hearing within ten (10) days after receipt of notice.
Redeveloper shall have thirty (30) days to correct any
deficiency, unless a longer time is granted at a hearing.
After that time, the City and/or the Agency shall have the
right to enter the Property and undertake, or cause to be
7
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87-on1260 :)
undertaken, the maintenance activities detailed in the notice
I
provided for herein. In such event, Redeveloper shall be
liable for and reimburse the City and/or the Agency for all
reasonable sums incurred by it for such maintenance
activities. This right of entry and the right to correct and
be reimbursed shall be Agency's only remedy for any alleged
breach of this provision. The rights and obligations of
Redeveloper run with the land; Redeveloper shall include these
requirements in its Covenants, Conditions and Restrictions, if
and when it sells any portion of the land.
6. Restrictions on Use. The Redeveloper agrees that it
shall :
A. Devote the Property to, and only to and in accordance
with, the uses permitted by the Redevelopment Plan. The terms
.uses permitted by the Redevelopment Plan" and .land use"
referring to provisions of the Redevelopment Plan, or similar
language in this agreement, shall apply to the Property and
all buildings and uses thereon.
B. Not discriminate upon the basis of race, sex, marital
status, color, creed, religion, physical handicap, national
origin or ancestry in the sale, lease, sublease, rental, or
transfer or in the use, occupancy, tenure, or enjoyment of the
Property or any improvements erected or to be erected thereon,
or any part thereof, nor shall the Redeveloper itself or any
person claiming under or through it, establish or permit any
such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or
8
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occupancy of tenants, lessees, subtenants, sublessees, or
vendees of the Property, or any part thereof.
7. Aaencv Riahts to Enforce. In amplification, and not
in restriction of the provisions of the preceding Section, it
is intended and agreed that the Agency and its successors and
assigns shall be deemed beneficiaries of the agreements and
covenants provided in Sections 5 and 6 hereof, both for and in
their or its own right, and also for the purposes of
protecting the interests of the community and other parties,
public or private, in whose favor or for whose benefit such
agreements and covenants have been provided. Only the Agency
shall have the right to maintain actions based on the terms of
Sections 5 and 6. This agreement is not intended to create in
any other party the right to enforce this agreement. The
agreements and covenants of Sections 5 and 6 shall run in
favor of the Agency, for the entire period during which such
agreements and covenants shall be in force and effect, without
regard to whether the Agency has at any time been, remains, or
becomes an owner of any land or interest therein to which, or
in favor of which, such agreements and covenants relate.
Only the Agency shall have the right, in the event of any
breach of any such agreement or covenant, to exercise all of
the rights and remedies, subject to the notice and cure
provisions of Section 11 of this agreement, and to maintain
any actions or suits at law or in equity or other proper
proceedings to enforce the curing of such breach of agreement
or covenant, to which it or any other beneficiaries of such
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87-001260
agreement or covenant may be entitled. Any leases made by the
Redeveloper covering the subject Property shall give notice of
applicable restrictions, covenants and conditions set forth in
Sections 5 and 6 of this agreement. The Redeveloper and the
Agency agree to cooperate in enforcing such restrictions,
covenants and conditions.
8. Eaual Emplovment Qpportunitv. The Redeveloper agrees
that during the construction of the Project:
A. The Redeveloper shall not discriminate against any
employee or applicant for employment because of race, sex,
marital status, color, creed, religion, physical handicap,
national origin or ancestry. The Redeveloper shall take the
necessary affirmative action to ensure that applicants are
employed and that employees are treated during employment
without regard to their race, sex, marital status, color,
creed, religion, physical handicap, national origin or
ancestry. Such affirmative action concerning equal employment
opportunities shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination,
rates of payor other forms of compensation, and selection for
training, including apprenticeship. The Redeveloper agrees to
post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the
Agency setting forth the provisions of the nondiscrimination
clause.
10
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87-0012GO
B. The Redeveloper shall, in all solicitations or
advertisements for employees in the construction phase placed
by or on behalf of the Redeveloper, state that all qualified
applicants will receive consideration for employment without
regard to race, sex, marital status, color, creed, religion,
physical handicap, national origin or ancestry.
C. The Redeveloper shall comply with all applicable
local, State and Federal laws and regulations relating to
equal employment opportunity.
D. In the event of the Redeveloper's noncompliance with
the nondiscrimination clause of this Section, or with any of
said laws, rules or regulations, the Agency shall, after
compliance with the notice and cure provisions of Section II
herein, have the right to compel full compliance through an
action for specific performance of this Agreement.
E. The Redeveloper shall include notice of the
provisions of subdivisions (a) through (c) of this Section in
every construction contract, and shall require the inclusion
of notice of these provisions in every construction
subcontract entered into by any of its contractors, unless
exempted by the applicable laws, rules or regulations and such
provisions shall be binding upon each such contractor,
subcontractor, or vendor, as the case may be. The Redeveloper
shall take such action with respect to any construction
contract or subcontract, as the Agency may direct, as a means
of enforcing such provisions, including sanctions for
noncompliance, provided, however, that in the event the
11
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87-001260
Redeveloper becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such
-direction by the Agency, the Redeveloper may require the
Agency to enter into such litigation to protect its interest,
and Agency will undertake the defense of both Redeveloper and
the Agency, or excuse Redeveloper from further obligation
hereunder.
9. Prohibition AGainst Assianment and Transfer.
A. Representations as to the Redevelopment: The
Redeveloper represents and agrees that the Property acquired
hereunder, and Redeveloper'S other undertakings pursuant to
this agreement, are and will be used for the purpose of
redevelopment of the Property in accordance with this
agreement and not for speculation in landholding or in
.packaging" a development for sale to and eventual
construction by another entity. Redeveloper represents that
it, in its present form and with its present principals, will
accomplish this Project. The Redeveloper further recognizes:
(1) the importance of the redevelopment of the
property to the general welfare of the community;
(2) that the qualifications and identity of the
Redeveloper are of particular concern to the community and the
Agency, and that this sale is founded upon the particular
qualifications of the principals presently comprising the firm
identified as the .Redeveloper., who have been disclosed to
the Agency in the offer to purchase and other allied documents
heretofore filed by Redeveloper with the Agency.
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B. Prohibition Against Transfer of Property and
Assignment of Agreement or interest in Redeveloper prior to
~ompletion of the Project:
(1) The Redeveloper represents and agrees for
itself, and its successors and assigns that except only by way
of security for, and only for (i) the purpose of obtaining
financing necessary to enable the Redeveloper to perform its
obligations with respect to constructing, owning and operating
the Project under this agreement, and (ii) any other purposes
authorized by this agreement, the Redeveloper (except as so
authorized) has not made or created, and that it will not,
prior to the completion of the Project and receipt of the
Certificate, make or create, or suffer to be made or created,
any total or partial sale, assignment, or conveyance, or grant
any trust or power, or transfer in any other mode or form with
respect to, this agreement or the Property or in the entity of
the Redeveloper, or any part thereof or any interest therein,
or enter into any contract or agreement to do any of the same,
without the prior written approval of the Agency. No transfer
or combinations of transfers of any interest greater than ten
(10%) percent in total in the entity comprising the
Redeveloper to any person or entity not already a partner in
the Redeveloper shall be made without notice to the Agency and
written consent of the Agency. The restrictions of this
proviSion shall terminate upon recording of the
Certificate(s). Prior to the issuance of the Certificate, the
Redeveloper may nevertheless enter into any lease of office
13
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87-001260
buildings, facilities, or suites with respect to the Project,
in the ordinary course of business.
(2) The Agency shall be entitled to require, except
as otherwise provided in this agreement, as conditions to any
such approval required for a sale, assignment, transfer or
grant under the preceding paragraph prior to the recordation
of the Certificate, that:
(a) Any proposed transferee shall have the
qualifications and financial responsibility, as determined by
the Agency, necessary and adequate to fulfill the obligations
undertaken in the agreement by the Redeveloper (or, in the
event the transfer is of, or relates to, part of the Property,
such obligations to the extent that they relate to such part).
(bl Any proposed transferee, by instrument in
writing satisfactory to the Agency and in recordable form,
shall, for itself and its successors and assigns, and
expressly for the benefit of the Agency, have expressly
assumed all of the obligations of the Redeveloper under this
a~reement and agreed to be subject to all the conditions and
restrictions to which the Redeveloper is subject (or, in the
event the transfer is of, or relates to, part of the Property,
such obligations, conditions, and restrictions to the extent
that they relate to such part); provided that, if any
transferee of, or any other successor in interest whatsoever
to, the Property, or any part thereof shall not have assumed
such obligations or so agreed, that fact shall not (unless and
only to the extent otherwise specifically provided in this
14
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agreement or agreed to in writing by the Agency) relieve or
excuse such transferee or successor of or from such
obligations, conditions, or restrictions, or deprive or limit
the Agency of, or with respect to, any rights or remedies or
controls with respect to the Property or the construction of
the Project. Redeveloper shall also remain fully liable
hereunder unless specifically excused by agreement of the
Agency in writing. It is the intent of this subsection,
together with other provisions of this agreement, that (to the
fullest extent permitted by law and equity and excepting only
in the manner and to the extent specifically provided
otherwise in this agreement) no transfer of or change with
respect to ownership in the Property or any part thereof, or
any interest therein, or if any interest in the entity of
Redeveloper totalling more than ten (lOt) percent ownership
interest, however consummated or occurring, and whether
voluntary or involuntary, shall operate legally or
practically, to deprive or limit the Agency of, or with
respect to, any rights or remedies or controls provided in, or
resulting from, this agreement with respect to the Property
and the construction of the Project that the Agency would have
had, had there been no such transfer or change.
(c) Redeveloper shall submit to the Agency for
review all instruments and other legal documents involved in
effecting any such proposed transfer subject to the Agency's
approval; and if approved by the Agency, its approval shall be
indicated to the Redeveloper in writing. If a proposed
15
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~
transfer is disapproved by the Agency, its reasons shall be
clearly stated in writing to the Redeveloper. Agency agrees
to act within thirty (30) days and without delay on any
request to approve a transfer by Redeveloper.
(d) The consideration payable for the transfer
by the transferee, or on its behalf, shall not exceed an
amount representing the actual cost (including carrying
charges and all sums allocated herein for losses incurred by
Redeveloper as a result of its delay in construction and
revamping of plans necessitated by the Central City South
Study) to the Redeveloper of the Property (or allocable to the
part thereof or interest therein transferred) and the
improvements, if any, theretofore made thereon by it, it being
the intent of this provision to preclude assignment of this
agreement or transfer of the Property (or any parts thereof
other than those referred to in this Section lO (relating to
security for financing), for profit prior to the completion of
the Project and to provide that, in the event any such
assignment or transfer is made (and is not canceled), the
Agency shall be entitled to increase the purchase price to the
Redeveloper by the amount that the consideration payable for
the assignment or transfer is in excess of the amount that may
be authorized pursuant to this subdivision. Such
consideration received by Redeveloper in any form whatever
shall, to the extent it is in excess of the amount so
authorized, belong to, and shall forthwith be paid to, the
Agency.
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87-001260
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(e) Nothing in this agreement shall preclude
Redeveloper from conveying the Property in trust, or
otherwise, as security for a bona fide construction loan or
bona fide long term financing.
10. Default Prior to Convevance. In the event that,
prior to Closing and in violation of this agreement, (i) the
Redeveloper assigns or attempts to assign this agreement or
any rights therein or in the Property, or (ii) the Redeveloper
fails to submit its deeds, dully executed, into escrow, and
close escrow by the date specified in Exhibit WO", and take
title to the Property upon tender of conveyance by the Agency
pursuant to this agreement, then this agreement, any rights of
the Redeveloper, or any assignee or transferee in this
agreement, or rights arising from this agreement, with respect
to the Property, and the down payments heretofore deposited by
Redeveloper or its predecessor in interest, shall, at the
option of the Agency, be terminated by the Agency. Upon such
termination, neither the Redeveloper (or assignee or
transferee) nor the Agency shall have any further rights
against or liability to the other under this agreement.
11. Default bv RedeveloDer Subseauent to Closina.
A. Any of the following circumstances shall constitute
An event of default:
(1) The Redeveloper (or successor in interest)
shall default in, or violate, its obligations with respect to
the construction of the project (including the nature and the
dates for the beginning and completion thereof), or shall
17
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abandon or substantially suspend construction work for thirty
(30) or more consecutive days, (delays caused by act of God,
'strikes or other causes clearly beyond Redeveloper's control
being excepted) or
(2) The Redeveloper (or successor in interest)
shall fail to pay real estate taxes or assessments on the
Property or any part thereof when due, or shall place thereon
any encumbrance or lien not authorized by this agreement, or
shall suffer any levy or attachment to be made, or any
materialmen's or mechanic's lien or any other unauthorized
encumbrance or lien to attach, and such taxes or assessments
shall not have been paid, or the encumbrance or lien removed
or discharged, or provision satisfactory to the Agency made
for such payment, removal or discharge, within thirty (30)
days after written demand by the Agency so to do; provided,
however, the Redeveloper shall have the right to contest, in
good faith, by appropriate proceedings, any such lien or
encumbrance, and to substitute an appropriate bond in lieu of
the payment, removal, or discharge of such lien or
encumbrance; or
(3) There is, in violation of this agreement, any
transfer of the Property, or of the ownership of Redeveloper's
business entity or any part thereof.
B. Upon the occurrence of any such event of default, the
Agency shall give written notice to the Redeveloper and
concurrently to the holder of any first lien finanCing on the
Project which has requested the Agency to provide such notice
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(the -Lender-). The notice shall detail any allegations of a
condition of default and shall not be effective against
~edeveloper unless Lender has also been notified. Redeveloper
or the Lender shall be entitled to a hearing before the
Community Development Commission as to the existence of a
default, or as to the steps to be taken to cure any default,
provided that request for such hearing is made within twenty
(20) days after receipt of the notice herein provided for. If
no such hearing is requested, or if after the hearing, the
Community Development Commission determines an event of
default to have occurred, the Redeveloper or Lender shall have
ninety (90) days within which to cure the default. The ninety
day period shall be extended, as necessary, if Lender
commences foreclosure on the Project during such period, as
set forth in the next paragraph.
If Redeveloper fails to cure the default as provided
above, or is otherwise in default under the mortgage loan made
by Lender (the -Mortgage Loan-), Lender may declare a default
thereunder, accelerate the debt and enforce its rights against
the Property. In such event, provided that Lender proceeds to
enforce its rights diligently in accordance with the Mortgage
Loan documents Agency shall: (i) hold in abeyance any
enforcement proceedings of its own, particularly refraining
from any act to take possession of the Property or to cause a
reversion of Redeveloper's title, and (ii) permit Lender to
exercise its rights over the Property, to foreclose and sell,
or to acquire by deed in lieu of foreclosure and resell, the
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Property, provided that any sale or re-sale of the Property
shall be subject to the covenants and unsatisfied obligations
of Redeveloper under this agreement and grant deedCs).
If the default is not cured as set forth in the preceding
two paragraphs, the Agency shall have the right to reenter and
take possession of the Property and to terminate Cand revest
in the Agency) the estate conveyed by the deedCs) to the
Redeveloper. It is the intent of this subsection, together
with the other provisions of this agreement, that the
conveyance of the Property to the Redeveloper shall be made
upon, and that the deedCs) shall contain a condition
subsequent to the effect that, upon an event of default by the
Redeveloper specified in clauses Cl), (2), and (3) of this
subsection A above Cand only for such events of defaUlt), the
Agency at its option and subject to the rights of Lender,
above, may declare a termination in favor of the Agency of the
title, and of all the rights and interest in the Property
conveyed by the deedCs) to the Redeveloper, provided only that
it has given the specified notices and opportunities to cure,
and the default has not been cured within the time alloted
therefor.
Such a termination of title in favor of the Agency shall
be effected by the Agency recording in the office of the
County Recorder of San Bernardino County a written Declaration
of Termination referring to the deedCs) by which the Property
was conveyed to the Redeveloper. Thereupon, the said deed(s)
and conveyance shall become null and void, and all interest
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thereby conveyed shall forthwith and without further notice to
the Redeveloper become forfeited and shall revert to the
Agency. The condition subsequent and any revesting of title
as a result thereof in the Agency is and shall always be
subject to and limited by, and shall not defeat, render
invalid, or limit in any way (il the lien of any mortgage or
deed of trust for construction or long term loan financing
authorized by this agreement and executed for the purpose of
obtaining funds to acquire and/or develop the Property, and
(ii) any rights or interests provided in this agreement for
the protection of the holders of such mortgages or deed of
trust.
C. After full compliance with the notice and cure
provisions contained herein (including the rights granted to
Lender), the Agency shall have the right to institute such
actions or proceedings as it may deem desirable for
effectuating the purposes of this Section 11, in addition to
the right to execute and record or file with the County
Recorder of San Bernardino County a written Declaration of
Termination of all rights and title of the Redeveloper, in the
Property and the revesting of title thereto in the Agency, as
set forth above. It is further provided that any delay by the
Agency in instituting or prosecuting any such actions or
proceedings or otherwise asserting its rights under this
Section II shall not operate as a waiver of such rights or to
deprive it of, or limit, such rights in any way (it being the
intent of this provision that the Agency should not be
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constrained, so as to avoid the risk of being deprived of, or
limited in, the exercise of the remedy provided in this
Section because of concepts of waiver, laches, or otherwise,
to exercise such remedy at a time when it may still hope
otherwise to resolve the problems created by the default
inVOlved), nor shall any waiver in fact made by the Agency
with respect to any specific default by the Redeveloper under
this Section be considered or treated as a waiver of the
rights of the Agency with respect to any other defaults by the
Redeveloper under this Section or with respect to the
particular default, except to the extent specifically waived.
D. In the event that title to the Property shall revest
in the Agency in accordance with the provisions of this
Section 11, the Agency shall, pursuant to its responsibilities
under the Community Redevelopment Law, use its best efforts to
resell the Property (subject to such mortgage liens as
provided in Subsection B of this Section) as soon and in such
manner as the Agency shall find feasible and consistent with
the objectives of such law, and of the Redevelopment Plan as
hereafter amended from time to time, to a qualified and
responsible party or parties (as determined by the Agency) who
will assume the obligation of making or completing the
improvements or such other improvements in their stead as
shall be satisfactory to the Agency and in accordance with the
uses specified in the Redevelopment Plan, as hereafter amended
from time to time. Upon such resale of the Property, the
proceeds thereof shall be applied:
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Pirst: To reimburse the Agency, on its own behalf or on
behalf of the City, for all costs and expenses incurred by the
Agency, including, but not limited to, real estate broker
commissions, if any, paid by the Agency, attorneys fees and
salaries of personnel, in connection with the sale and
recapture, management and resale of the Property (but less any
income derived by the Agency from the Property in connection
with such management), all taxes and assessments with respect
to the Property (or, in the event the Property is exempt from
taxation or assessment during the period of ownership thereof
by the Agency, an amount equal to such taxes and assessments,
or charges (as determined by proper assessing officials) as
would have been payable if the Property were not so exempt),
and payments made or necessary to be made to discharge any
encumbrances or liens existing on the Property at the time of
revesting of title thereto in the Agency or to discharge or
prevent from attaching or being made any subsequent
encumbrances or liens due to obligations, defaults, or acts of
the Redeveloper, its successors or transferees, and
expenditures made or obligations incurred with respect to the
making or completion of the improvements or any part thereof
on the Property; and any amounts otherwise owing the Agency by
the Redeveloper and its successors or transferees. Agency
shall not unreasonably delay any such resale, and shall give
to any Lender notice of the terms of any sale thereof as
reported for approval to the Community Development Commission,
unless the Lender had previously been paid in full or waived
any further rights to the property.
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Second: To reimburse the Redeveloper, its successors or
transferees up to the amount equal to (i) the sum of the
'purchase price paid by it for the Property and the cash
actually invested by it in making any of the improvements on
the Property less (ii) any gains or income withdrawn or made
by it from this agreement or the Property.
Third: Any excess remaining shall be retained by the
Agency.
12. Default bv Aaencv Subseouent to Closina. In the
event that the Agency ,fails to comply with each and every
condition hereinabove set forth, with the exception of those
conditions which are to be performed by the Redeveloper, the
Redeveloper or Lender may initiate an action to compel the
Agency to perform its obligations and to seek judicial or
equitable relief for the Agency's failure to perform,
including compensation for damages suffered by Redeveloper or
Lender.
13. Cumulative Remedies: Waivers.
The rights and remedies of the parties to this agreement
shall be cumulative, and the exercise by either party of any
one or more of such remedies shall not preclude the exercise
by it, at the same or different times, of any other such
remedies for any other default or breach by the other party.
No waiver by either party with respect to the performance, or
manner, or time thereof, or any obligation of the other party
or any condition to its own obligation under this agreement,
shall be considered a waiver of any rights of the party making
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the waiver with respect to the particular obligation of the
other party or condition to its own obligation beyond those
~xpressly waived and to the extent thereof. No such waiver
shall in any respect affect any other rights of the party
making the waiver or any other obligations of the other party.
l4. Aaencv EmDlovees. Members. No member, official, or
employee of the Agency shall have any financial interest,
direct or indirect, in this agreement or in the Property, nor
shall any such member, official, or employee participate in
any decision relating to this agreement or to the Property,
which affects his financial interests or the interests of any
corporation, partnership, or association in which he is,
directly or indirectly, interested. No member, official, or
employee of the Agency shall be personally liable to the
Redeveloper or any successor in interest in the event of any
default or breach by the Agency or for any amount which may
become due to the Redeveloper or successor or on any
obligations under the terms of this agreement.
15. Minimum and Prevailina Waae Rates for Laborers and
Mechanics for PUblic Works Portion o~ Pro;ect. As to any and
all parts of the Project constituting "public works" as
defined by California Labor Code Section l720, all laborers
and mechanics employed upon the work covered by this contract
shall be paid unconditionally fully as required by state law,
and without subsequent deduction or rebate on any account
(except such payroll deductions as are made mandatory by law
and such other payroll deductions as are permitted by the
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applicable regulations issued by the Director of Industrial
Relations, California Department of Labor), the full amounts
due at time of payment computed at wage rates not less than
those contained in the wage determination decision of said
Director of Industrial Relations, applicable to the San
Bernardino area, plus all fringe benefits payable under any
contract between an employer and unions representing
comparable trades in the area, regardless of any contractual
relationship which may be alleged to exist between the
Contractor or any subcontractor and such laborers and
mechanics. Redeveloper shall require its contractors and
subcontractors to comply with all provisions of this
paragraph. Redeveloper further agrees that this paragraph
shall inure to the benefit of the Agency and all laborers and
mechanics employed upon the .public works. covered by this
contract as third party beneficiaries and that the Agency or
any aggrieved employee may file an action in any court of
competent jurisdiction against the Redeveloper or any of its
cohtractors or subcontractors for the recovery of the
difference between the wage rates actually paid and the wage
rates legally required to be paid under the proviSions of this
section and any applicable regulations, statutes and laws, and
further agrees to pay reasonable attorney fees and court costs
if the Agency or employee prevails. Upon request from Agency,
Redeveloper, its contractors and subcontractors shall provide
to Agency certified payrolls, and shall make its and their
books and records available for inspection and audit as to
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compliance with this paragraph at some location within the
City of San Bernardino upon ten (lO) days' notice in writing
to Redeveloper. This paragraph shall apply only to .public
works," as defined.
16. Attornevs Fees. Redeveloper agrees if any action is
brought against Redeveloper for breach of any of the covenants
or conditions of this agreement to pay reasonable attorneys
fees and court costs.
l7. Notice. Any notice, demand or request required or
permitted to be given by either party to the other shall be
given by certified mail, return receipt requested, postage
prepaid, addressed as follows (or to such other notice address
as any party may have furnished to the other in writing):
AGENCY:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
300 North .D" Street, Rm. 320
San Bernardino, CA 92418
REDEVELOPER:
SIMA PARTNERSHIP
c/o S & A Properties
Attn: Alan Fainbarg
890 W. Baker Street, .200
Costa Mesa, CA 92626
18. Meraer. None of the provisions of this agreement
are intended to or shall be merged by reason of any deed(s)
transferring title to the Property from the Agency to the
Redeveloper or any successor in interest, and any such deedCs)
shall not be deemed to affect or impair the provisions and
covenants of this agreement.
19. Riaht to Modifv. Terminate. Amend. This agreement
may be terminated, extended, modified or amended as to all of
the Property or any part thereof, for which a Certificate of
Compliance has not been issued, upon the mutual written
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agreement of the Agency and Redeveloper, but only upon the
prior written consent of Lender. No such termination,
extension, modification or amendment shall be effective until
a written instrument setting forth the terms of the same has
been executed, acknowledged and recorded in the Office of the
Recorder of San Bernardino, California.
20. Time is of the Verv Essence. Agency and Redeveloper
shall have every right to exercise their respective options
upon any breach of time constraints whatever. All parties
recognize that time is of the very essence of this agreement.
21. Lender as Beneficiarv Hereunder: Additional Riahts
of Lender. Redeveloper and Agency agree and intend that
Lender is to be a beneficiary of certain provisions of this
Agreement, and that Lender shall have the rights provided in
this agreement to the extent set forth herein, notwithstanding
that it is not a signatory party hereunder.
In addition to the rights granted to Lender under Section
II for notice of events of default by Redeveloper, and rights
given to Lender to effect a cure or enforce its remedies under
the Mortgage Loan, Redeveloper and Agency agree that, as under
Section 11: Ci) Agency shall give Lender notice of any
default of Redeveloper under the agreement or the grant
deedCs), whether or not such defaults are events of default
under Section ll; and Cii) Lender shall have the same grace
periods and rights to cure or enforce the Mortgage on such
defaults, as it has for events of default under Section 11.
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22. Validitv Continaencv. This agreement shall not
become effective for any purpose unless the original, duly
executed by the Redeveloper, is returned and received by the
Agency within ten (10) days from the receipt thereof by the
Redeveloper.
23. Execution. This agreement may be executed in
several counterparts, each of which shall be deemed to be an
original and such counterparts shall constitute one and the
same instrument.
EXECUTED at '5:lI\J &R.NP,iZ-DI AJD
, California, this
~2. ~
AGENCY:
day of Pe:e-i:M 8$ oR
, 19~.
REDEVELOPER:
REDEVELOPMENT AGENCY OF THE
SAN BERNARDINO
SIMA PARTNERSHIP NUMBER ONE
A California Partnership
By~L~
A General Partner
By
Cha rman
By ~#J
, Secretary
Approved as to form:
By ~1t1'v ~7"~
AGENCY COUNSEL
By
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ACKROWLBDGIIBRTS
CAT. NO. NN00630
TO 211146 CA (1-83)
(Partnership)
STATE OF CALlFOR,;eA
CpUNTY OF ~ 'AA./(;tt;;'"
t
On
sai~, personally a
57?:Ven
IJ TICOR TiTlE INSURANCE
} a.
.
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. penona1ly known to me or
proved to me on the basis of satisfactory evidence to be
~~Ji. who executed the within instrument IS
__ of the partnen of the partnership
that executed the within .instrument. and aeknowledged
to me that such partnershIp executed the same
WITNESS my hand and official seal. .
, '~,'- L// ,
Signature __ --- /'.,t /~~~-;::.__: l'~ -( :/
/
OFFICIAL SEAL
III E KENNEDY
NOTARY PUBLIC. C4l.lFOIlNI"
Oll.,-"G: coumv
My ",m",. exp'res IUl 28, 19B9
(This area for official ootariaJ '.an
",'
STATE OF CALIF<llNlA) I e;~ .I. Lr:;~'.'~::~ S~?~^"DE
COUNTY OF SAN BERNARDINO ~ 88. I ~ ,.. " .e (
~;co~_..,--,,~ '. ~"-1;;:1:~9 f
On &~ ~~, 1986, before IDe, J. LORRAIN~""'~E: 'A~tBry
public, personally appeared EVLYN WILCOX and GLENDA SAUL, per80nally known to me
to be the per8on8 who ezecuted thi8 ill8tCUlllent a8 ChaiCllllll1 and Secretary,
respectively, of the llEDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, and
acknowledged to me that the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
ezecuted it. __I"
~ ~~-U~b--
O....LORRAINE VELARDE, Notary Public
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EXHIBIT "A"
DESCRIPTION OF PROPERTY
The following described real property in the City of San
Bernardino, County of San Bernardino, State of California:
That portion of Lot 10, Block 11, Rancho San Bernardino, in
the City of San Bernardino, County of San Bernardino, State of
California, as per Map recorded in Book 7 Page 2 of Maps, in
the'office of the County Recorder of said county, described as
follows:
Beginning at a point on the south line of said Lot 10, 200.00
feet' west of the southeast corner of said Lot lO, thence north
o degrees 42 minutes 38 seconds west and parallel with the
east line of said east line of said Lot 10 a distance of
298.80 feet; thence south 89 degrees 16 minutes 52 seconds
west and parallel with the south line of said Lot lO a
distance of 336.02 feet mor or less to the east line of "G"
Street, as described in the Notice of Action recorded December
30, 1939 in Book 1408 Page 106 of Official Records of said
county; thence south 37 degrees 15 minutes 08 seconds east
along the northeasterly line of -G" Street 371.99 feet more or
less to the south line of Lot 10, thence north 89 degrees 16
minutes 52 seconds east along the south line of said Lot lO a
distance of l14.48 feet more or less to the pOint of
beginning.
Excepting therefrom, however, those parts thereof required for
highway right-Of-way for the realignment of -G" Street at and
immediately northerly from its intersection with Mill Street.
The exact legal description of the property is to be
determined by survey.
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EXHIBIT -B-
UNDERTAKINGS AND OBLIGATIONS OF AGENCY
The Agency agrees and undertakes to do the following:
l. Convey by grant deed to Redeveloper the property
described in Exhibit -A", for the sum of $448,500. The
purchase price shall be deducted from the obligations owned by
Agency to Redeveloper as specified hereinbelOW, and no cash
shall change hands as to this purchase price. Agency will
deliver a grant deed through escrow.
2. Agency will reimburse Redeveloper for losses
sustained by Redeveloper in not continuing to conclusion with
its approved development on the site immediately north of the
property to be conveyed, which losses were sustained by
Redeveloper agreeing to suspend construction of its then-
approved project while plans for a Central City South Overlay
Zone and realignment of -G" Street were being finalized. The
parties agree that Redeveloper should be reimbursed by Agency
far $376,919 in losses so encountered by Redeveloper,
consisting of $237,669 in expenses incurred and rendered
valueless, including the following: architect fees (Orange);
engineer fees (Brown and Mullins); construction supervision
(Delgado); on-site construction; building permits; real estate
taxes; insurance; registrar fees; remarketing fees; trustee
fee; and letter of credit fee. In addition, the loss of a
beneficial construction contract and land carry costs have
been compromised to a sum of $139,250. All such identified
losses total $376,919, which agency agrees to pay Redeveloper.
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3. Agency shall accept from Redeveloper a grant deed to
that part of certain property presently owned by Redeveloper
needed for the realignment of -G- Street right-of-way, which
land Redeveloper will sell to Agency for $l28,000.
4. Agency's obligation under items 2 and 3 above, total
$504,919. Of that, $448,500 will offset the purchase price
provided for in Item 1 above, and the remaining $56,9l9 will
be paid by the Agency by delivery of a promissory note to be
paid over a period not to exceed five years from tax increment
as it flows from Redeveloper's project, and bearing interest
at the rate of 7.5'.
5. In addition, Agency recognizes that certain other
costs, not definitely ascertainable at the time of execution
of this agreement, will be sustained by Redeveloper, including
possible costs of undergrounding earlier deposited with
Southern California Edison Company, landscape design costs
expended, some part of which may yet be salvaged, and grading
costs expended, some part of which may yet be salvaged.
Agency agrees to pay such costs, on the same basis as for the
$56,919 specified above, by adding such amount to the
promissory note to be executed, at such time as the costs are
fully identified and agreed upon. The total additional costs
to be so added to the promissory note are estimated at
$72,6ll, but shall not exceed $ll2,044. In the event the
parties are unable to agree upon the amount to be so added,
the matter shall be submitted to an arbitrator, mutually
agreed upon, whose decision shall be final as to the amount to
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$112,044.
be so added, but not in ezcess of '9',999 in any event. The
arbitrator shall also determine which party shall pay the
costs of the arbitration, or the apportionment thereof among
the parties.
6. Agency waives the right to ezercise eminent domain as
to the property so long as it is owned by Redeveloper.
7. In the event Redeveloper is delayed by an act of God,
strike, or other causes clearly beyond the control of
Redeveloper, Agency agrees to negotiate reasonable extensions
of times for performance specified in Exhibit D, provided
Redeveloper notifies Agency in writing of the delay within
thirty days of its first occurrence.
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EXHIBIT wCw
GRANT DEED
(Subject to Conditions Subsequent)
The REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, a public corporation, hereinafter called the
Grantor, in consideration of the sum of FOUR HUNDRED FORTY-
EIGHT THOUSAND FIVE HUNDRED DOLLARS ($448,500), to be paid by
SIMA PARTNERSHIP NUMBER ONE, a California partnership,
hereinafter called Grantee, pursuant to a Disposition and
Joint Development Agreement between Grantor and Grantee, dated
December ___, 1986, (the WAgreementW) and in further
consideration of the covenants and conditions herein contained
and to be kept and performed by the Grantee, does hereby grant
and convey to the Grantee, its successors and assigns, in fee
simple, all that real property in the City of San Bernardino,
County of San Bernardino, State of California, described in
Exhibit "A" attached hereto.
Grantor and Grantee agree that, other than with respect
to the foregoing granting provisions of this Deed, if there
exists any conflict between the provisions hereof and the
Agreement, the terms and conditions of the Agreement shall
control.
The Grantee does hereby acknowledge receipt of a copy of
the Redevelopment Plan for the Central City South
Redevelopment Project, approved by Ordinance No. 3572 of the
City of San Bernardino, which Ordinance was adopted, May 3,
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1976, which is hereinafter referred to as the -Redevelopment
Plan", said Redevelopment Plan containing as a part thereof
that certain Declaration of Restrictions which became
effective under said Ordinance and which is hereinafter
referred to as the -Restrictions".
The Grantee, for itself, its successors and assigns, does
hereby covenant and agree with, and for the benefit of, the
Grantor, its successors and assigns, as follows:
1. Grantee, its successors and assigns, will hold,
occupy and use the aforesaid real property subject to and in
accordance with all the terms, conditions, limitations,
restrictions, requirements and covenants set forth in the
Redevelopment Plan and the Restrictions as in effect on the
date of this Deed. Said terms, conditions, limitations,
restrictions and covenants "running with the land" and shall
be binding for the benefit and in favor of, and be
enforceable by, the Grantor, its successors and assigns, the
City of San Bernardino, and any successor in interest to the
Grantee of the Property or any part thereof.
2.
<al
The Grantee herein covenants by and for
itself, its successors and assigns, and every successor in
interest to the Property, or any part thereof" and all
persons claiming under or through them, that the Grantee, and
such successors and assigns, shall
(ll Devote the Property to uses consistent
with the purposes of the Redevelopment Plan.
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87-001260
(2) Not discriminate upon the basis of race,
sex, marital status, cOlor, creed, religion, physical
~andicap, national origin, ancestry, age or handicapped status
in the sale, lease, sublease, rental or transfer or in the
use, occupancy, tenure or enjoyment of the Property or any
improvement erected or to be erected thereon, or any part
thereof, nor shall the Grantee himself or any person claiming
under or through him, establish or permit any such practice or
practices of discrimination or segregation with reference to
the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees, or vendees of the property,
or any part thereof.
(3) Properly maintain the parking areas,
landscaped areas and parkways on the Property, and that, if
Grantee fails to remedy any failure after thirty (30) days
notice from Grantor or the City of San Bernardino (the
"City"), Grantor or City shall have the right to enter the
Property, and undertake or cause to be undertaken such
maintenance activities. In such event, Grantee, its
successors or assigns, shall reimburs~ City or Grantor for all
reasonable sums incurred for such maintenance activities.
(b) The foregoing agreements and covenants, as set
forth in subdivision (a) of Section 2 of this Deed, shall be
covenants running with the land, and they shall in any event,
without regard to technical classification or designation,
legal or otherwise, and except only as otherwise specifically
provided in this Deed, be binding to the fullest extent
37
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permitted by law and equity, for the benefit and in favor of,
and be enforceable by the Grantor, its successors and assigns,
the City, and every successor in interest to the Property, or
any part thereof or any interest therein, and any party in
possession or occupancy of the Property or any part thereof.
It is further intended and agreed that the agreement and
covenant provided in subsection (1) of subdivision (a) of
Section 2 of this Deed shall remain in effect for a period of
forty-five (45) years from the date upon which said Ordinance
became effective, at which time such agreement and covenant
shall terminate, and that the agreement and covenant provided
in subsection (2) of subdivision (a) of Section 2 hereof shall
remain in effect without limitation as to time1 provided that
such agreements and covenants shall be binding on the
Redeveloper itself, each successor in interest to the
Property, and every part thereof, and each party in possession
or occupancy, respectively, only for such period as such
successor or party shall have title to, or an interest in or
possession or occupancy of, the Property or part thereof. The
term .uses speCified in the Redevelopment Plan" and "land use"
referring to provisions of the Redevelopment Plan, or similar
language, in the agreement shall include the land and all
buildings, housing, and other requirements or restrictions of
the Redevelopment Plan pertaining to such land.
3. In amplification and not in restriction of, the
provisions of Section 2, hereof, it is intended and agreed
that the Grantor and its successors and assigns shall be
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deemed beneficiaries of the agreements and covenants provided
in said Section 2 hereof, both for and in their or its own
right and also for the purpose of protecting the interests of
the City and other parties, public or private, in whose favor
or for whose benefit such agreements and covenants have been
provided. This Deed creates no cause of action enforceable by
any person or party other than the Grantor or the City of San
Bernardino. Such agreements and covenants shall run in favor
of the Grantor, for the entire period during which such
agreements and covenants shall be in force and effect, without
regard to whether the Grantor has at any time been, remains,
or is an owner of any land or interest therein, or in favor of
which, such agreements and covenants relate. The Grantor
shall have the right, in the event of any breach of any such
agreement or covenant, to exercise all the rights and
remedies, and to maintain any actions or suits at law or in
equity or other proper proceedings to enforce the curing of
such breach of agreement or covenant, to which it or any other
beneficiaries of such agreement or covenant may be entitled,
subject to the notice and cure provisions of the Agreement.
(THIS DEED IS GIVEN SUBJECT TO A CONDITION SUBSEQUENT, AS
FOLLOWS: )
4. In the event Grantee shall default in the performance
of Grantee's undertakings for the construction of certain
improvements on the Property within the time and in the manner
set forth in the Agreement, or if the Grantee shall fail to pay
real estate taxes or assessments on the Property when due; or
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shall place thereon any encumbrance or lien unauthori~ed by the
agreement, or shall suffer any levy, lien, or attachment to be
made with respect to the Property, or there is in violation of
the Agreement, any transfer of the Property or any part
thereof, or any transfer of the ownership of the Grantee entity
in violation of the terms of the Agreement and if, prior to
execution and delivery by Grantor to Grantee of a Certificate
of Completion, Grantor shall record in the office of the County
Recorder of the County of San Bernardino, State of California,
a written Declaration of Termination referring to this Deed,
then this Deed and conveyance shall be null and void and all
interest hereby granted and conveyed shall forthwith and
without further notice to Grantee, become forfeited and shall
revert to the Grantor. No such Declaration of Termination
shall be recorded by Grantor until after full compliance with
the notice and cure provisions contained in the Agreement. Any
default by Grantee described in this Section 4 and the
forfeiture of the Grantee's interest in the Property by reason
of such default shall not in any manner impair, defeat or
render invalid the interest of any mortgage or deed of trust,
or of any beneficiary under any deed of trust or mortgage given
by Grantee to secure a bona fide loan for the purpose of
obtaining funds to acquire and/or develop all or part of the
Property.
(THE FOREGOING CONDITION SUBSEQUENT IS TERMINATED AND
SHALL BE NULL AND VOID UPON RECORDING OF THE CERTIFICATE OF
COMPLETION DULY EXECUTED BY AGENCY AS HEREINAFTER SPECIFIED.)
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5. (a) Promptly after completion of the improvements
in accordance with the provisions of the Agreement, the
Grantor will furnish the Grantee with a recordable Certificate
of Completion as specified in the Agreement. The issuance of
such Certificate by the Grantor shall be (and it shall be so
provided in the Certificate itself), a conclusive
determination of satisfaction and termination of the
agreements and covenants in said Agreement and Section 4 of
this Deed.
(b) It is expressly understood by Grantor and
Grantee, that the covenants contained in Section 2(a)1, 2(a)2,
and 2(a)3 of this Deed are not subject to the Condition
Subsequent specified in Section 4 hereof, but are enforceable
under the other provisions of this Deed and as specified in
the Agreement. These covenants and the provision for their
enforcement shall, however, survive the termination of the
Condition Subsequent and shall remain enforceable as otherwise
provided.
6. None of the provisions of the Agreement are
intended to or shall be merged by reason of this Deed
transferring title to the Property from the Grantor to the
Grantee, and this Deed shall not be deemed to affect or impair
the provisions and covenants of said Agreement. However, the
provisions referred to herein shall be deemed fully satisfied
and terminated upon recording of the Certificate of Completion
provided for in Section 5
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7. The Grantor waives its right to exercise eminent
domain as to this property so long as such property is owned
by'Sima Partnership Number One.
IN WITNESS WHEREOF, the Grantor and Grantee have executed
this Deed by their respective officers thereunto duly
qualified this
day of
, 19_.
GRANTOR:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
GRANTEE:
SIMA PARTNERSHIP NUMBER ONE
A California Partnership
"''\
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By
By~:t -<-~ ~ . ~
A General Partner Z
Chairman
By
Secretary
Approved as to form:
AGENCY COUNSEL
By
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ACKROWLBDGIIBlI/TS
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EXHIBIT -A- TO GRANT DEED
DESCRIPTION OF PROPERTY
The following described real property in the City of San
Bernardino, County of San Bernardino, State of California:
That portion of Lot 10, Block ll, Rancho San Bernardino, in
the City of San Bernardino, County of San Bernardino, State of
California, as per Map recorded in Book 7 Page 2 of Maps, in
the office of the County Recorder of said county, described as
follows:
Beginning at a pOint on the south line of said Lot 10, 200.00
feet west of the southeast corner of said Lot lO, thence north
o degrees 42 minutes 38 seconds west and parallel with the
east line of said east line of said Lot lO a distance of
298.80 feet1 thence south 89 degrees l6 minutes 52 seconds
west and parallel with the south line of said Lot lO a
distance of 336.02 feet mor or less to the east line of -G"
Street, as described in the Notice of Action recorded December
30, 1939 in Book 1408 Page 106 of Official Records of said
countY1 thence south 37 degrees l5 minutes 08 seconds east
along the northeasterly line of -G" Street 371.99 feet more or
less to the south line of Lot 10, thence north 89 degrees l6
minutes 52 seconds east along the south line of said Lot 10 a
distance of 114.48 feet more or less to the point of
beginning. '
Excepting therefrom, however, those parts thereof required for
highway right-of-way for the realignment of -G- Street at and
immediately northerly from its intersection with Mill Street.
The exact legal description of the property is to be
determined by survey.
(NOTE: Prior to execution and delivery of grant deed, Agency
shall obtain a survey and proper legal description of the
property being conveyed, and shall substitute a correct legal
description as Exhibit -A".)
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EXHIBIT wDw
UNDERTAKINGS AND OBLIGATIONS OF REDEVELOPER
Redeveloper agrees and undertakes to do the
following:
1. To construct not less than 30,500 square feet of
retail buildings and nineteen (19) industrial/office buildings
containing not less than 60.856 square feet in Phase 1, with a
total of not less than $3,000,000.00 of construction value, to
be completed and in place not later than August 31, 1987.
This phase of the project will be on property presently owned
by Redeveloper northerly of the property described in Exhibit
WA" which will lie easterly of wG" Street, as realigned.
2. To construct not less than $500,000 in
additional retail office or industrial buildings within five
years from the date of this agreement on the property lying
westerly of wG" Street, as realigned.
3. To construct all the improvements for the
realignment of WGW Street in accordance with the requirements
of the City of San Bernardino's Department of Public
Works/Engineering, and in accordance with the development
standards required by the overlay zone now applicable to this
area of the Central City South Project area.
4. To accept the provisions of this agreement as
full satisfaction for any and all losses sustained by
Redeveloper in not pursuing its right to complete construction
of its development as originaaly planned. Redeveloper waives
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any rights it may have had, or which it belives it may have
had, to hold Agency, the City of San Bernardino, or any of
their elected or appointed officers or employees liable fr any
and all losses sustained in conjunction with the delays
encountered and the possibility of exercise of eminent domain
for the realignment of wG" Street.
5. To convey to Agency, for the amount of $l28,OOO
payable as specified in Exhibit WB", the right of way required
for wGw Street across Lot 11, Block ll, Rancho San Bernardino,
as recorded in Book 7, Page 2 of Maps, San Bernardino County
Records, being generally a portion of the southwest corner of
that parcel.
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