HomeMy WebLinkAboutR32-Economic Development Agency
, '
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM: Ann Harris, Director SUBJECT:
Bus Retention, Recruitment & Revitalization
DATE: January 16,2001 0 h j'~, i , w"A L
PREMIS PARTNERS DDA
-------------.-----.-----------------*---------.--------------------------------------------------------------------------..------------------------------
Svnoosis of Previous Commission/Council/Committee Action(s):
On January II, 200 I, the Redevelopment Committee recommended that this item be sent to the Community
Development Commission for approval.
Recommended Motion(s):
(Community Develooment Commission)
MOTION:
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY TO EXECUTE AMENDMENT NO.3 TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO AND PREMIS PARTNERS AND CONSENTING TO AN
ASSIGNMENT OF SAID DISPOSITION AND DEVELOPMENT AGREEMENT
Contact Person(s): Gary Van Osdel/Ann Harris
Phone:
663-1044
Project Area(s) Ward(s):
Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 LetterlMemo
FUNDING REQUIREMENTS Amount: $
Source:
SIGNATURE:
~~
Bus Ret, Recruitment & Revitalization
Commission/Council Notes:
GVO:ABH:lag:O 1-22-0 I Premis Partoers
COMMISSION MEETING AGENDA
Meeting Date: 01122/2001
Agenda Item Number: ~ 3.2..
.,.,'
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
---------------------------------------------------------------------------------------------------------------------
Premis Partners Disposition and Development Al!reement
BACKGROUND
On May 3rd 1999, the Redevelopment Committee recommended that the Commission consider
amendment NO. 2 to the Premis Partners Disposition and Development Agreement (Property
located at 5415 North Hallmark Parkway). To allow the Premis Partners to purchase the IS.57
acres of Agency owned property and construct an approximately 200,000 square foot warehouse
and distributing facility. The property was sold and the agency received $ 473,500.00
from the proceeds of the sale.
On October S, 1997, the Redevelopment Committee recommended that the Commission consider
a revision in the sales price of the Property located at 5415 North Hallmark Parkway and amend
the Premis Partners Disposition and Development Agreement (DDA) based upon actual costs for
flood proofing requirements but not to exceed $333,500. Further that the property be reappraised
to include any recent changes in market rental rates and property values.
On November 7,1996, the Community Development Commission and the Mayor and Common
Council adopted resolutions making findings and authorizing execution of a DDA by and
between the Redevelopment Agency and Premis Partners in the Northwest Redevelopment
Proj ect Area. .
CURRENT ISSUE
Premis Partners haye approyal from the Planning Department to construct 200,000 square foot
building. Mr. and Mrs. Jabin, own the property just north of this site are purchasing this property
at 5415 North Hallmark Parkway from Premis Partners.
Premis Partners have requested Amendment No.3. This Amendment will allow the property to
be sold and the DDA to be assigned to the new buyer, Mark and Lelia Jabin. Staff has reyiewed
the financial of the new buyers and determined that they haye the financial ability to perform and
meet the requirements of the DDA. Mr. and Mrs. Jabin own the property directly to the north of
this property.
RECOMMENDA nON
That t
ent Commission adopt the attached Resolution.
Ann Harris, Director
Business Retention, Recruitment & Revitalization
-------------.-------------------------.-------------------..---..--------------------..----------------------------------------------------
GVO:ABH:lag:01-22-01 Premis Partners
COMMISSION MEETING AGENDA
Meeting Date: 01122/2001
Agenda Item Number: R3J..,
1
2
3
4
5
6
RESOLUTION NO.
A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
APPROVING AND AUTHORIZING THE EXECUTIVE
DIRECTOR OF THE REDEVELOPMENT AGENCY TO
EXECUTE AMENDMENT NO.3 TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND PREMIS PARTNERS AND
CONSENTING TO AN ASSIGNMENT OF SAID
DISPOSITION AND DEVELOPMENT AGREEMENT
7
8
9
10
11
12
13
14
15
16
17
WHEREAS, the Community Development Commission of the City of San
Bernardino (the "Commission") is the goyerning body of the Redeyelopment Agency of the City of
San Bernardino (the "Agency"), a public body corporate and politic, organized and existing pursuant
to the Community Redeyelopment Law (California Health and Safety Code Section 33000, et seq.);
and
WHEREAS, the Agency and Premis Partners, a California limited partnership (the
"Developer") previously entered into that certain Disposition and Development Agreement dated
Noyember 7,1996, pertaining to the disposition and deyelopment of certain real property located
within the State College Redeyelopment Project Area known as the Hallmark Parkway Property and
more specifically described in Exhibit "A" hereto (the "Property"); and
18
19
20
21
WHEREAS, pursuant to the Disposition and Development Agreement, the Agency
agreed to sell the Property to the Deyeloper to cause the construction thereon of a'1 approximately
200,000 square foot warehousing and distribution facility, as more fully described in the Disposition
and Deyelopment Agreement; and
22
23
24
25
26
27
28
WHEREAS, on April 6, 1998, ~ection 2.02 of the above-referenced Disposition and
Deyelopment Agreement was amended by Amendment No. I to enable the Deydoper to incur the
costs associated with flood control improvements necessary to develop the PropeJ1y as provided in
SBEO/000I/DOC/4189
11/14/00400 drh
1
I the Disposition and Development Agreement, by providing that the Purchase Price be reduced by
2 an amount equal to the actual costs of such flood control improvements, but in no event by more
3 than Three Hundred Thirty-Three Thousand Five Hundred Dollars ($333,500); and
4
5 WHEREAS, on May 17, 1999, the Disposition and Development Agreement was amended
6 by Amendment No.2 (said Disposition and Development Agreement as amended by Amendment
7 No. I and Amendment No.2 being hereinafter referred to as the "DDA") to proyide that the Agency
8 is entitled to receive from the Developer upon the completion of the flood control and water runoff
9 improvements necessary in connection with the deyelopment of the Property ("flood control and
10 water runoffimproyements"), but in no eyent later than May 15,2001, that sum which is equal to
II the difference between the actual costs of the flood control and water runoff improyements and
12 Three Hundred Thirty-Three Thousand Fiye Hundred Dollars ($333,500.00), the obligation to pay
13 said sum being secured by a deed of trust on the Property in fayor ofthe Agency ("Deed of Trust");
14 . and.
IS
16
WHEREAS, the Developer at this time desires to sell the Property to Mark and Lelia
17 Jabin (the "Purchaser") and assign the DDA to the Purchaser; and
18
19
WHEREAS, the Deyeloper desires that the DDA be amended to provide for
20 construction of approximately 200,000 square feet of improvements which may include warehousing
21 and distribution facilities, office facilities, research and deyelopment facilities and general
22 commercial and retail facilities consistent with market demand; and
23
24 WHEREAS, the Deyeloper desires to amend the Schedule ofPerfonnance attached
25 to the DDA as Exhibit D to allow for additional time within which the Purchaser may develop the
26 Property; and
27
28
SBEO/0001/DOC/4189
11/14100 400 drh
2
1 WHEREAS, the Agency desires to facilitate deyelopment of the Property by the Purchaser;
2 and
3
4 WHEREAS, in order to facilitate deyelopment of the Property by the Purchaser, the Agency
5 and the Developer desire to further amend the DDA and enter into that certain Amendment No.3
6 to the DDA attached hereto and incorporated herein by this reference as Exhibit "B" (the "Third
7 Amendment"); and
8
9
WHEREAS, the Developer and the Purchaser intend to enter into an Assignment of
10 Disposition and Deyelopment Agreement in the form attached hereto as Exhibit "C" (the
11 "Assignment Agreement"); and
12
13
WHEREAS, Section 1.04 of the DDA proyides that the DDA may not be assigned
14 . without the prior written approval of the Agency; and
15
16
WHEREAS, the Purchaser has presented to the Agency evidence of its qualifications
17 to perform the duties and responsibilities and discharge the obligations imposed upon the Developer
18 under the DDA; and
19
20 WHEREAS, Agency staff has prepared a Consent to Assigrunent of Disposition and
21 Development Agreement, a copy of which is attached hereto as Exhibit "D" (the "Consent to
22 Assignment").
23
24
25
26
27
28
SBEO/OOOIIDOC/4189
11/14/00400 drh 3
I
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION
2 ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
3 BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
4
5
Section 1.
The Commission hereby approves the Third Amendment attached
6 hereto as Exhibit "B".
7
8
Section 2.
The Executiye Director ofthe Agency is hereby authorized to execute
9 the Third Amendment on behalf of the Agency in substantially the form attached hereto, together
10 with such changes therein as may be approyed by the Executive Director and Agency Special
II Counsel. The Executive Director or such other designated representative of the Agency is further
12 authorized to do any and all things and take any and all actions as may be deemed necessary or
13 advisable to effectuate the purposes of the Third Amendment.
14
IS
Section 3.
The Commission hereby approves the assignment by Premis of all of
16 its right, title and interest in and to the DDA to the Purchaser pursuant to the Assignment Agreement.
17
18
Section 4.
The Executiye Director of the Agency is hereby authorized and
19 directed to execute the Consent to Assignment.
20 /II
21 /II
22 /II
23 /II
24
25
26
27
28
SBEO/OOO lIDOC/4 I 89
11/14/00400 drh 4
I A RESOLUTION OFTHE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE
2 DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE AMENDMENT NO.
3 TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND PREMIS
PARTNERS AND CONSENTING TO AN ASSIGNMENT OF SAID DISPOSITION AND
4 DEVELOPMENT AGREEMENT
5
6
7
8
Section 5.
This Resolution shall become effective immediately upon its adoption.
9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
10 Development Commission of the City of San Bernardino at a
meeting thereof,
II held on the
day of
,2001, by the following vote, to wit:
12
13 Commission
ESTRADA
14 . LIEN
MCGINNIS
15 SCHNETZ
SUAREZ
16 ANDERSON
McCAMMACK
AYES
NAYS
ABSTAIN ABSENT
17
18
19
20
21
22
Secretary
The foregoing Resolution is hereby approved this _ day of
,2001.
23
24
25 By'
26
27
28
SBEO/000IIDOC/4189
11/14/00400 drh 5
Judith Valles, Chairperson
Community Deyelopment Commission
of the City of San Bernardino
I STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
2 CITY OF SAN BERNARDINO )
3 I, Secretary of the Community Deyelopment
Commission of the City of San Bernardino, DO HEREBY CERTIFY thatthe foregoing and attached
4 copy of Community Development Commission of the City of San Bernardino Resolution
No. is a full, true and correct copy of that now on file in this office.
5
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
6 of the Community Development Commission of the City of San Bernardino this day of
, 2001.
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
28
SBEO/O0011OOC/4189
11/14/00400 drh
Secretary of the
Community Deyelopment Commission
of the City of San Bernardino
6
,.
1 EXHIBIT "A"
2 LEGAL DESCRIPTION OF THE PROPERTY
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7
EXlDBIT "A"
PARCEL A:
THAT PORTION OF BLOCKS 45 AND 46. AND mAT UNNUMBERED LOT ADJOINING BLOCK 46
ON THE WEST OF THE LANDS OF IRVINGTON LAND AND WATER COMPANY. AS PER PLAT
RECORDED IN BOOK I. RECORDS OF SURVEY, PAGE 32. RECORDS OF SAID COUNTY; IN BOOK
3 OF MAPS. PAGE 9. RECORDS OF SAID COUNTY; AND SECTIONS 12 AND 13. TOWNSHIP 1
NORTH. RANGE 5 WEST, SAN BERNARDINO BASE AND MERlDIAN; SECTION 18. TOWNSHIP 1
NORTH. RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE
EXTEl'l/SION OF THE UNES OF THE OFFICIAL GOVERNMENT SURVEY EXTENDED INTO THE
MUSCUPIABE RANCHO, ALL IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN
BERNARDINO. STATE OF CAUFORNIA. LYING SOUTHWESTERLY OF THE SOUTHWESTERLY
UNE OF THAT CERTAIN PARCEL OF LAND, AS CONVEYED TO THE STATE OF CALIFORNIA
BY DEED RECORDED OCTOBER 25, 1955. IN BOOK 3772. PAGE 93, OFACIAL RECORDS, AS
INSTRUMENT NO. 55, AS PARCEL .B"; AND NORTHERLY, NORTHEASTERLY AND EASTERLY
OF THAT CERTAIN PARCEL OF LAND, AS CONVEYED TO THE SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT BY DEED RECORDED JULY 27, 1948. IN BOOK 2268, PAGE 146,
OFFICIAL RECORDS; AND NORTHERLY AND NORTHWESTERLY OF THAT CERTAIN PARCEL
OF LAND, AS CONVEYED TO SAID SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY
DEED RECORDED JULY 27, 1948, IN BOOK 2268. PAGE 142, OFFICIAL RECORDS.
TOGETHER WITH THOSE PORTIONS OF OREGON A VENUE, PINE A VENUE. PINE A VENUE AND
ORANGE A VENUE ADJOINING PORTIONS OF THE PROPERTY HEREIN DESCRIBED, THAT WERE
VACATED AND ABANDONED BY RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN BERNARDINO, DATED MAY 27, 1929, ON FILE IN THE SAN BERNARDINO
COUNTY ROAD DEPARTMENT WHICH WOULD PASS BY OPERATION OF LAW WITH THE LEGAL
CONVEYANCE OF SAID PROPERTY.
EXCEPTING THEREFROM ALL THAT PORTION THEREOF SHOWN AS PARCELS 1,2,3 AND 4,
AS PER PLAT ATTACHED TO CERTIACATE OF COMPUANCE FOR LOT UNE ADJUSTMENT NO.
94-06, RECORDED DECEMBER 14, 1994, INSTRUMENT NO. 94493165, OFFICIAL RECORDS;
REFERENCE BEING MADE HEREIN FOR THE COMPLETE DESCRIPTION AS DESCRIBED IN SAID
DOCUME.1I/T.
PARCEL B:
PARCEL 1. AS PER PLA.T ATTACHED TO CERTIFICATE OF COMPUANCE FOR LOT UNE
ADJUSTMENT NO. 94.Q6, RECORDED DECEMBER 14, 1994. INSTRUMENT NO. 94493165,
OFFICIAL RECORDS, BEING FURTHER DESCRIBED THE.WN AS FOLLOWS:
A PORTION OF SECTION 12. TOWNSHIP 1 NORTH. RANGE 5 WEST, SAN BERNARDINO BASE
AND MERIDIAN; AND SECTION 7, TOWNSHIP 1 NORTH. RANGE 4 WEST, SAN BERNARDINO
BASE AND MERIDIAN, ALL IN THE CITY OF SAN BER.lI/ARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFACIAL GOVERNMENT PLAT
THEREOF BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF TIlE SOU1'HWES'1'EJU.Y UNE OF THAT CEllTAIN
PARCEL OF lAND AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN
BOOK 3772. PAGE 93. OFFICIAL RECORDS (INTE:RSTATE 215) AND THE NORTHERLY IJNE OF
THAT PARCEL OF lAND CONVEYED TO TIlE SAN BERNARDINO COUNTY FLOOD CONTR.OL
DISTRICT BY DEED RECORDED IN BOOK 2268. PAGE 142. OFFICIAL RECORDS (DEVIL CREEK
CHANNEL); THENCE NORTH 35 DEG. OJ' 36' WEST, 882.47 FEET ALONG SAID
SOU1HWESI'ERLY IJNE OF INTERSTATE 215 TO A POINT TANGENT TO A CURVE CONCAVE
TO THE WEST. HA VlNG A RADIUS OF 5909.00 FEET, THROUGH A CENTRAL ANGLE OF 01 DEG.
IS' 14', AN ARC DISTANCE OF 129.30 FEET TO THE TRUE. POINT OF BEGINNING FOR THIS
DESCRIPTION; TIiENCE FROM SAID TRUE POINT OF BEGINNING ALONG A CURVE CONCAVE
TO THE WEST, HA VlNG A RADIUS OF 5909.00 FEET, THROUGH A CENTRAL ANGLE OF 12 DEG.
54' 33', AN ARC DISTANCE OF 1331.35 FEET. MORE OR LESS, TO THE INTERSECTION OF SAID
SOU1HWESI'ERLY UNE OF INTERSTATE 215 AND TIlE CENTER UNE OF PINE AVENUE
(V ACATEO); TIiENCE ALONG SAID CENTER UNE SOUTH 21 DEG. SO' WEST. 369.87 FEET, MORE .
OR lEss, TO A POINT IN THE EASTERLY UNE OF TIlAT PARCEL OF lAND CONVEYED TO THE
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED IN BOOK 2268,
PAGE 146, OFFICIAL RECORDS (CABLE CANYON FLOOD CONTROL CHANNEL); THENCE
ALONG SAID EASTERLY UNE, SOUTH 32 DEG. 20' 25' EAST, 389.61 FEET. MORE OR LESS, TO
APOINTTANGENTTOA CURVE CONCAVE TO TIlE WEST, HAVING A RADIUS OF 2065.00 FEET,
THROUGH A CENTRAL ANGLE OF 21 DEG. 30' 33', AN ARC DISTANCE OF 770.67 FEET; THENCE
ALONG A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 640.00 FEET, tHROUGH
A CENTRAL ANGLE OF IS DEG. 41' 17', AN ARC DISTANCE OF 175.24 FEET; THENCE NORTH
23 DEG. 22' 55' EAST, 240.00 FEET; THENCE NORTH 54 DEG. 56' 24" EAST, 390.11 FEET TO
CLOSE ON THE TRUE POINT OF BEGINNING.
- .
..,
-0
. I.
'Il
'II
....
~:
j: .
,..
':-0"
5". .
~~
""...
C._'
~--
"0'"
Q~o
....-
gi!~
.d
:::l
(J)
'0
Q
"-
<II
-
o
~
10'"
. ~
-u-:
c'"
oa:
...J
c:
o
-
.01
c.
.;
~
"
&
@
.$""..~r"a
.~&=
''1 ,'r" =
~".
. ,.~,
. '0
/
h
,I
I
r
:>-
II:
9
~
'.
----- -~---~.
------ .. .
- ------~-------
--
.
\
@ ~.
. .
~~.
.-. ""
..
.
~...
. .
.~ "
~ ,
~
. .
':...
"'I~.
"'-I'
!l
\.~
~
......
.:: ~~ -;. ,,~~ ~
~
~
'.
I
I
\
". "1'~:
i
1
.!J
...
"
o
'"
f.
.
j
I
i
f
~:,
iL-
I
i (
1.0 to'
o
..
;.:
3:
~"-
'.:='
; ~ ,~
01..
..
~
,.....
\;::;I""
.
.
..... c;S)
., 0$'1.
.... .
.
--_._~_.!..
.. ".
:~:;-~;:;:;
~~/~~ ~
J I
a I
.. .
~ /
S I
.. i
.
..
3"0
~
~
. j
I
I.
I~I
. ,
,
, I
~:I
,Jr.1
1~,1
... I,'
~ ....1 I \
,,+1
l:ll-' I
I ", I'
tit ,./
___-1 'y~1 1"-
=~\. ~
I,
" 1
.... I.
.,
...,
. I
: . -.,'/
,: , /
..' j
/,
i_I
I
/
, I
.f
--{
,
I
.
.
u
~
o
------- --:-
-~'&' '.
'.' ....
~'I ,.
<::z::
...
IlI-
a;
:.8
Q.o
..Q.o
~ oS
....
-...
__0
i.fOc
.001....
- -
.~III
: oc
..00
ctQlUl
I
I
I
I
.I
I
I
..
-..
0_
.....
-
Olu
~.s
1Il~
.. .
...... 0
0"
..'"
..
....
..-
.. ..
~o
,e
.. ,
1;'"
'"
,
I
, 1
I
I
I
'.
~
.tHf
IU;b
I flill~
,.r.tl,
i'i=II
gH'J:~
~ · i "
! iiJ!sl
!lihH.
o
'l<
.
. _,'. 10 .
. .. G:)-
.
-'II
'II
Dl
I
-f
.'
; ......,.
l!ur~
'It
.!!
~
~
.00
...5 ·
r~~()
-0 -
lc.P
.. \0._..
;. t:J .
,11I11:0
:1: ac~
:JQ 0"'"
')cn~2
...
~
Ill:;
00
a..o
~::o
"'11."
:;
.!-CD~
"10"
OA'"
.-.
:..CD
.0"
-00
<eCD'"
'.
€9
-
--
Q-
..~
C1U
.."
ii-;
~~
~...
:.,
.
..
. ~.
. -
~4
. e
-.
-c:
~
~
:J
(I)
ti
(,)
...
q,
-
~
. ClS~
~~
clli
00:
-'
c
o
-
0>
c:
'-
,.
...
-
I
I
"
&
.
" f4
fH ..
u~]
.!II!
AU:
~ ".=
joc,:
5 i; v
';11 r
t;.!
.4';
:! !
Hi
....f
t:!u
(Q
.p-
+",~DI"'O
':'~
i!#E
. ~"'.
o.
o
n
;;
~
~
~
1 EXHIBIT "B"
2 AMENDMENT NO.3 TO DISPOSmON AND DEVELOPMENT AGREEMENT
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SBEOIOOO 110004189
\\114100 400 drh
8
AMENDMENT NO 3 TO DISPOSITION
AND DEVELOPMENT AGREEMENT
This Amendment No.3 is entered into this _ day of ,2001,
by and between Redevelopment Agency of the City of San Bernardino ("Agency") and
Premis Partners, a California limited partnership ("Developer"),
RECIT ALS
A. The Agency and the Deyeloper previously entered into that certain
Disposition And Deyelopment Agreement dated Noyember 7, 1996 ("DDA"), pertaining
to the disposition and development of certain real property located within the State
College Redevelopment Project Area as more specifically described in the DDA
("Property"); and
B, In connection with the execution of the DDA, the Agency agreed
to sell the Property to Developer in order to cause the development thereon of
approximately 200,000 sq. feet of building improyements, as more fully described in said
DDA; and whereas the Agency and the Developer now desire to confirm satisfaction of
certain conditions in the DDA and to proyide for additional amendments thereto
regarding the development and use of the Property.
AMENDMENT AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, and for other good and valuable consideration, the receipt
and sufficiency in which is hereby acknowledged by the parties, Agency and Developer
hereby agree as follows:
I. Except as hereby amended, and as previously amended by Amendment
No. I and No.2, the DDA is in all respects ratified and confirmed and all the terms and
provisions and conditions thereof shall be and remain in full force and effect.
2. Except as otherwise provided herein, all terms not otherwise defined in
this Amendment No.3 shall have the same meanings herein as those terms are given in
the DDA or the prior amendments.
3. The first paragraph of Section 4.01 ofthe DDA shall be amended to
read as follows:
"~. The Developer
covenants and agrees for itself, its
successors, its assigns and every successor
in interest for the Property, or any part
thereof, and upon completion of
construction, Developer shall cause to be
opened on the Property a project with
approximately 200,000 sq. feet of building
improyements which may include
warehouse and distribution facilities, office
facilities, research and development
facilities and general commercial and retail
facilities consistent with market demand.
Developer agrees that at the time of opening,
the Project will result in the creation of at
least two hundred seventy-five (275) direct
jobs and two hundred (200) secondary jobs."
4. The first sentence of the first paragraph of Exhibit "B" shall be
replaced by the following sentences:
read:
I (10) Developer pulls grading permit
design reyiew approval of plan
The property shall be
developed with approximately 200,000 sq.
feet of building improvements, which may
include warehouse and distribution facilities,
office facilities, research and development
facilities and general commercial and retail
facilities consistent with market demand.
Said Project may consist of one or more
structures, all as described herein and with a
minimum accessed valuation upon
completion of Five Million Five Hundred
Thousand Dollars ($5,500,000.00).
5. Item (10) of Exhibit D (Schedule of Performance) shall be amended to
I within 30 days following
ificate of Com letion, if
January 31, 2004
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Name:
Title:
Attest:
Agency Secretary
APPROVED AS TO FORM AND LEGAL CONTENT:
Agency Special Counsel
PREMIS PARTNERS, a California
limited partnership
By: Imprimis, LLC, a Colorado limited
liability company, its general partner
By:
Russ E. Hatle
Manager
I ALL PURPOSE ACKNOWLEDGMENT State of ) ) County of ) On
before me
OF OFFICER .E.G" "JANE DOE, NOTARY PUBLIC" personally appeared
DATE NAME, TITLE
NAME (S) OF SIGNER(S) personally
known to me - OR - proved to me on the basis of satisfactory evidence to he the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in hislber/their authorized capacity(ies), and that by hislber/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person{s) acted, executed the
instrument. Witness my hand and official seal.
SIGNATURE OF NOTARY
Y CLAIMED BY SIGNER INDlVIDUAL(S) CORPORATE
TITLE(S) PARTNERS ATTORNEY-IN-FACT
SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER:
CAPACIT
OFFICER{S)
TRUSTEE{S)
SIGNER IS
REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)
ATTENTION NOTARY: Althou h the infonnation uested below is OmaN it could en! fraudulent attachment of this certifime 10 unauthoriRd document.
THIS CERTIFICATE MUS BE A IT ACHED TO THE DOCUMENT DESCRIBED AT RIGHT:
Title or Type of
Document
Pages
Than Named Above
Date of Document
Number of
Signer(s) Other
1 EXHIBIT "C"
2 ASSIGNMENT OF DISPOSmON AND DEVELOPMENT AGREEMENT
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SBEO/OOO llDOC/4189
11114/00 400 drh
9
ASSIGNMENT OF DISPOSITION AND DEVELOPMENT AGREEMENT
THIS ASSIGNMENT OF DISPOSITION AND DEVELOPMENT AGREEMENT
("Agreement") is entered into this _ day of ,2001, by and between Premis
Partners, a California limited partnership ("Assignor") and Mark and Lelia Jabin ("Assignee").
WHEREAS, the Assignor entered into that certain Disposition and Development
Agreement dated Noyember 7, 1996, with the Redeyelopment Agency of the City of San Bernardino
(the "Agency") pertaining to the disposition and development of certain real property located within
the State College Redevelopment Project Area of the City of San Bernardino, California, which real
property is legally described in Exhibit "A" attached hereto and by this reference incorporated herein
(the "Property"); and
WHEREAS, pursuant to the Disposition and Development Agreement, the Agency
agreed to sell the Property to the Assignor for a purchase price of Eight Hundred Seven Thousand
Dollars ($807,000.00) (the "Purchase Price"); and
WHEREAS, on April 6, 1998, the Disposition and Deyelopment Agreement was
amended by Amendment No. I to enable the Assignor to incur the costs associated with flood
control improvements that needed to be made to develop the Property as provided in the Disposition
and Deyelopment Agreement by proyiding that the Purchase Price be reduced by an amount equal
to the actual costs of such flood control improvements, but in no event by more than Three Hundred
. Thirty-Three Thousand Five Hundred Dollars ($333,500.00); and
WHEREAS, on May 17, 1999, the Disposition and Development Agreement was
amended by Amendment No.2 to provide that the Agency is entitled to receive from the Assignor
upon the completion of the flood control and water runoff improvements necessary in connection
with the development of the Property ("flood control and water runoff improvements"), but in no
eyent later than May IS, 2001, that sum which is equal to the difference between the actual costs of
the flood control and water runoff improvements and Three Hundred Thirty-Three Thousand Five
Hundred Dollars ($333,500.00), the obligation to pay said sum being secured by a deed of trust on
the Property in favor of the Agency ("Deed of Trust"); and
WHEREAS, on _,2001, the Disposition and Development
Agreement was amended by Amendment No.3 to allow for the construction of approximately
200,000 square feet of improyements which may include warehousing and distribution facilities,
office facilities, research and development facilities and general commercial and retail facilities
consistent with market demand and to revise and supplement the Schedule of Performance attached
to the Disposition and Development Agreement (said Disposition and Development Agreement as
amended by Amendment No. I, Amendment No.2 and Amendment No.3 being hereinafter referred
to as the "DDA"); and
WHEREAS, Assignor at this time intends to sell, and Assignee intends to purchase,
the Property; and
SBEO/OOOI/DOC/4180
11/14/00500 drh
WHEREAS, Assignor desires to assign all of its right, title and interest in and to the
DDA to Assignee; and
WHEREAS, Assignee is willing to assume the duties, responsibilities and obligations
of Assignor under the DDA, including but not limited to completing the flood control and water
runoffimproyements, developing the Property as set forth in Article III of the DDA and paying to
the Agency upon completion of the flood control and water runoff improvements, but in no event
later than May 15,2001, a sum equal to the difference between the actual costs ofthe flood control
and water runoff improvements and Three Hundred Thirty-Three Thousand Fiye Hundred Dollars
($333,500.00),
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. Assignor hereby assigns to Assignee all of Assignor's right, title and interest
in and to the DDA.
Section 2. Assignee hereby accepts the assignment of Assignor's right, title and interest
in and to the DDA. Assignee hereby assumes, and accepts and agrees to perform and discharge, the
duties, responsibilities and obligations imposed upon the developer under the DDA, including but
not limited to completing the flood control and water runoffimprovements and thereafter developing
the Property with approximately two hundred thousand (200,000) square foot of building
improvements, which may include warehousing and distribution facilities, research and development
facilities and general commercial and retail facilities in accordance with and within the limitations
established in the Scope of Deyelopment set forth in Exhibit "B" to the DDA, as amended by
Amendment No.3,
Section 3. Assignee understands that the Agency is entitled to receiye, upon completion
of the flood control and water runoff improvements, but in no eyent later than May 15,2001, the
balance of the Purchase Price for the Property, being that sum which is equal to the difference
between the actual costs of the flood control and water runoff improvements and Three Hundred
Thirty-Three Thousand Five Hundred Dollars ($333,500.00). Assignee hereby assumes the
obligation to pay to the Agency the balance of the Purchase Price for the Property. Assignee
understands and agrees that the Deed of Trust securing the sum due to the Agency shall remain of
record and in full force and effect following the purchase of the Property by Assignee.
Section 4. This Agreement contains the entire understanding and agreement of the parties
with respect to its subject matter and supersedes all prior and contemporaneous agreements and
understandings.
Section 5.
This Agreement shall be goyemed by the laws of the State ofCalifomia.
Section 6. In the event that anyone or more of the sentences, clauses, paragraphs or
sections contained herein is declared invalid, void or illegal, the same shall be deemed severable
SBEOIOOO IIDOCI4180
11114100 500 drh
from the remainder of this Agreement and shall not affect, impair or inyalidate any of the remaining
phrases, sentences, clauses, paragraphs or sections contained herein.
Section 7. This Agreement may be executed by the parties in counterparts, and when
executed by each of the parties, each counterpart shall be deemed to be a part of the same instrument.
The parties hereto have caused this Agreement to be executed by their authorized
representatives as set forth below.
ASSIGNOR
Premis Partners, a California limited partnership
By: Imprimis LLC, a Colorado limited liability
company, its General Partner
By:
Its Manager
ASSIGNEE
Mark Jabin
Lelia Jabin
SBEO/000l/DOC/4180
11/14/00500 drh
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN BERNARDINO )
On ,2000,beforeme, ,aNotaryPublicinand
for said County and State, personally appeared ,personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) (is/are)
subscribed to the within instrument, and acknowledged to me that (he/she/they) executed the same
in (hislher/their) authorized capacit (-y/-ies), and that by (hislher/their) signature (s) on the
instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public
SBEO/OOO I IDOC/4 1 80
11114/00500 drh
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN BERNARDINO )
On , 2000, before me, , a Notary Public in
and for said County and State, personally appeared , personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s)
(is/are) subscribed to the within instrument, and acknowledged to me that (he/she/they) executed
the same in (hislher/their) authorized capacit (-y/-ies), and that by (his/her/their) signature (s) on
the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the
instrument.
WITNESS my hand and official seal.
Notary Public
SBEO/OOO IIDOC/4180
11114/00500 drh
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SBEO/OOO I/DOC/4189
11/14/00 400 drh
EXHIBIT "D"
CONSENT TO ASSIGNMENT OF
DISPOSmON AND DEVELOPMENT AGREEMENT
10
CONSENT TO ASSIGNMENT OF
DISPOSITION AND DEVELOPMENT AGREEMENT
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the
"Agency") and Premis Partners, a California limited partnership ("Assignor") entered into that
certain Disposition and Development Agreement dated November 7, 1996 pertaining to the
disposition and development of certain real property located within the State College Redevelopment
Project Area of the City of San Bernardino, California (the "Property"); and
WHEREAS, pursuant to the Disposition and Development Agreement, the Agency
agreed to sell the Property to the Assignor for a purchase price of Eight Hundred Seven Thousand
Dollars ($807,000.00) (the "Purchase Price"); and
WHEREAS, on April 6, 1998, the Disposition and Development Agreement was
amended by Amendment No. I to enable the Assignor to incur the costs associated with flood
control improvements that needed to be made to develop the Property as proyided in the Disposition
and Development Agreement by providing that the Purchase Price be reduced by an amount equal
to the actual costs of such flood control improvements, but in no event by more than Three Hundred
Thirty-Three Thousand Five Hundred Dollars ($333,500.00); and
WHEREAS, on May 17, 1999, the Disposition and Development Agreement was
amended by Amendment No.2 (said Disposition and Development Agreement as amended by
Amendment No. I and Amendment No.2 being hereinafter referred to as the "DDA") to provide
that the Agency is entitled to receive from the Assignor upon the completion of the flood control and
water runoff improvements necessary in connection with the development of the Property ("flood
control and waterrunoffimproyements"), but in no event later than May 15,2001, that sum which
is equal to the difference between the actual costs of the flood control and water runoff
improvements and Three Hundred Thirty-Three Thousand Five Hundred Dollars ($333,500.00), the
obligation to pay said sum being secured by a deed of trust on the Property in favor of the Agency
("Deed ofTrust"); and
WHEREAS, Assignor at this time intends to sell the Property to [NAME OF
PURCHASER] ("Assignee"); and
WHEREAS, in connection with the sale of the Property, Assignor desires to assign
all of its right, title and interest in and to the DDA to Assignee; and
WHEREAS, Assignee is willing to assume the duties, responsibilities and obligations
of the Assignor under the DDA, including but not limited to completing the flood control and water
runoff improvements, deyeloping the Property as set forth in Article III of the DDA and paying to
the Agency upon completion of the flood control and water runoff improyements, but in no event
later than May 15, 200 I, the balance of the Purchase Price for the Property, being that sum which
SBEO/000I/DOC/4181
11/14/00500 drh
is equal to the difference between the actual costs of the flood control and water runoff
improvements and Three HW1dred Thirty-Three Thousand Five HW1dred Dollars ($333,500.00); and
WHEREAS, Section 1.04 of the DDA provides that the DDA may not be assigned
without the prior written approval of the Agency; and
WHEREAS, Assignee has presented to the Agency evidence of its qualifications to
perform the duties and responsibilities and discharge the obligations imposed upon the developer
under the DDA.
NOW, THEREFORE, in consideration of the premises, the Agency hereby consents
to the assignment by the Assignor of all its right, title and interest in and to the DDA to the Assignee.
REDEVELOPMENT AGENCY OF TIlE CI1Y
OF SAN BERNARDINO
By:
. ATTEST:
APPROVED AS TO FORM AND
LEGAL CONTENT:
Agency Special Counsel
SBEO/000I/DOC/4181
11/14/00500 drh
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 25,2001
TO:
Lisa Gomez, Staff Assistant
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution CDC/200 1-6
At the Mayor and Common Council meeting of January 22, 2001, the City of San Bemardino
adopted Resolution CDC/2001-6 - Resolution approving and authorizing Amendment No.3 to
the Disposition and Development Agreement between the Redevelopment Agency and Premis
Partners, and consenting to an assignment of said Disposition and Development Agreement..
Enclosed is one (1) original agreement. Please obtain signatures where indicated on the
agreement and return to the City Clerk's Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
. t fthe aboye mentioned documents.
Signe
Date: I-~S- -01
. ,
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 6, 2001
TO:
Lisa Gomez, Staff Assistant
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution CDC/200l-6 - Amendment No.3, Premis Partners
Our office has not received the signed documents referenced above. If the documents have been
signed, please fOIWard them to the City Clerk's Office; otherwise, please advise me of their
status.
If you have any questions, please call me at ext. 3206.
( r
',.',
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 1- -Z 2-0 \ Item # e.. 32 Resolution #
Vote: Ayes I-~ Nays B- Abstain '1
Change to motion to amend original documents:
('CX:-/7..CDHo
I
Absent --e-
Reso. # On Attachments:
Contract term:
Null/Void After:
Note on Resolution of Attachment stored separately: -==-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date:
-
See Attached: _
c~CJmt\:.
Date Sent to ~yor: \' LA-a \
Date of#r's Signature: I' ~ 5-t)\
Date of Clerkl@..C)ignature: I -;;! 5 -0 I
Reso, Log Updated: I/"
Seal Impressed:
Dat~lLetter Sent for Signature: \ .. <9 5'0 \
60 Day Reminder Letter Sent on 30th day: 3" '" -() \
90 Day Reminder Letter Sent on 45th day:
See Attacbed: L Date Returned: ~..:)... 0 \
See Attached: .,/
See Attached:
Request for Council Action & Staff Report Attached: Yes ./
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
No By
No V' By
No ~ By
No y' By
No"I.. By
Copies Distributed to:
City Attorney
Parks & Rec.
Code Compliance
Dev, Services
EDA
/
Finance
MIS
Police Poblic Services
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ....!hI.... Date: -4.. 4-0 \