HomeMy WebLinkAbout1985-086
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RESOLUTION NO.
8'; 81S
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE
BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO OF
13,600 SQUARE FEET OF PROPERTY LOCATED ON 6TH STREET BETWEEN "D"
STREET AND "E" STREET IN THE CENTRAL CITY NORTH PROJECT AREA TO
THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT (HEALTH AND SAFETY
CODE SECTION 33433) .
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
(a) The Redevelopment Agency of the City of San Bernardino
("Agency") proposes to sell to the San Bernardino Community
College District 13,600 square feet of property located on 6th
Street between "D" Street and "E" Street in the Central City
North Project Area, the approximate location of which is depicted
on the sketch attached as Exhibit "A", which is incorporated
herein by reference, and which is a part of four parcels of
property to be acquired by the Redevelopment Agency of the City
of San Bernardino. The sale price is to be $160,000.00, payable
from the proceeds of a separate agreement whereunder the Agency
will pay to the Community College District the sum of $160,000.00
to offset the financial impact of the Northwest project Area, the
South Valle project Area, the Tri-City Project Area and the
Uptown Project Area upon the Community College District.
(b) Notice of the time and place of hearing has been given
as required by law.
(c) Agency has made available for public inspection and
copying a summary of financial aspects of the proposed sale.
(d) The summary of financial aspects represents that the
fair market value of the interest to be conveyed by Agency,
determined at the highest use permitted under the plan, is
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$209,000.00. The excess of $49,000.00 over the purchase price is
represented by costs of acquisition by the Agency and the costs
of paving of a remainder parcel which the Agency undertakes to
have paved as part of the Agreement with the Community College
District.
(el All hearings have been held as required by Health and
Safety Code Section 33433.
SECTION 2. Determination. Based upon the representations
of Agency, it is found and declared that the consideration for
the real property proposed to be sold to the San Bernardino
Community College District, in accordance with the covenants and
conditions governing the sale, is less than the fair market value
of the property determined at the highest use permitted under the
plan for the Central City North Project Area, but that the
benefits to the City, the Agency, and the public at large from
the location of the Community College District's business office
in the downtown area of the City of San Bernardino, and the
public benefits of having a paved parking area available on the
remainder parcel, offset the net loss to the Agency, and justify
the approval of this sale as being in the public interest.
SECTION 3. Approval. The Mayor and Common Council of the
city of San Bernardino hereby approve the sale of said property
upon the terms and conditions set forth in this resolution and
the summary of financial aspects.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an adjourned r"'Il',l"r
meeting thereof, held on the
, 1984, by the following vote, to
7th
day of
March
wit:
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AYES:
Council Members Castaneda
QniAl
,
NAYS:
ABSENT:
RAi lly
Frazier. Strickler
Council Member HArnande7.
Cnl1n~il MAmhAr M.-=lrk~
~///~~Ab
./ CITY CLERK
The foregoing resolution is
/ .:Zcf..( day
of
, 1984.
March
Approved as to form:
~-?0.~
,City Attorney
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1 Recording Requested by:
REDEVELOPMENT AGENCY
2
When Recorded, Mail to:
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REDEVELOPMENT AGENCY OF THE
4 CITY OF SAN BERNARDINO, CA
300 North "D" Street, Room 320
5 San Bernardino, CA 92418
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DISPOSITION AND JOINT DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO, CALIFORNIA
AND
THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT
CENTRAL CITY NORTH PROJECT AREA
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
DISPOSITION AND JOINT DEVELOPMENT AGREEMENT
THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT
CENTRAL CITY NORTH PROJECT AREA
THIS AGREEMENT is made and entered into this day
of , 19_, by and between the REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, a public body, corporate and politic,
hereinafter called the "Agency" and the San Bernardino Community College
District, a public body corporate, 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 & 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. 3366 of the City of San
Bernardino, California, adopted August 6, 1973, 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
CENTRAL CITY NORTH (hereinafter called the "Project" and the area within the
Project being 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 boundaries
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1 of said Redevelopment Project, and under said Redevelopment Plan may be
2 developed for private use.
3 (c) The Redeveloper has made an Offer to Purchase and to redevelop
4 such property in accordance with the uses specified in the Redevelopment
5 Plan. It is recognized that it may be necessary to modify the actual
6 improvements, and such modifications will be subject to the approval of the
7 Agency.
8 (d) The Agency has considered all pertinent data and analysis,
9 including the reports of its consultants and the reports and recommendations
10 of its staff, and the Agency believes that the redevelopment of the Property
11 pursuant to the provisions of this Agreement is in the best interests of the
12 City and employment growth, and is in accord with the public purposes and
13 provisions of applicable laws and regulations under which the Project is
14 governed.
15 (e) Pursuant to the provisions of California Health and Safety Code
16 33433, the Agency gave notice and held a public hearing on January 7, 1985, at
17 which time the form of this Agreement was available for the public
18 examination. By Resolution No. adopted on , the
19 Agency approved the execution of this Agreement, and determined that the
20 method of disposition provided for in this Agreement is the most effective
21 method for accomplishing the objectives of the Agency.
22 (f) On the basis of the foregoing, and the undertakings of the
23 Agency and the Redeveloper under this Agreement, the Agency desires to sell
24 and the Redeveloper desires to purchase said Property in accordance with the
25 provisions of the Redevelopment Plan and this Agreement.
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1 NOW, THEREFORE, IT IS AGREED between the parties hereto as follows:
2 1. Sale of Property, Conveyance Terms.
3 (a) Subject to all the terms, covenants, and conditions of this
4 Agreement and of Covenants, Conditions and Restrictions applicable to this
5 property as recorded in Book 9146 at Page 1093 et seq., San Bernardino County
6 Records, the Agency agrees to convey the Property to the Redeveloper at a
7 total acquisition price of One Hundred Sixty Thousand Dollars ($160,000).
8 Said acquisition price shall be drawn from the same amount due Redeveloper
9 from Agency pursuant to a separate agreement resolving certain disputes
10 between the parties.
11 (b) Upon the close of escrow, title to the Property shall be
12 conveyed to the Redeveloper. Title shall be conveyed by grant deed
13 substantially in the form attached hereto as Exhibit "B", and by this
14 reference made a part hereof. The Agency shall prepare such deed.
15 (c) Agency agrees to utilize eminent domain if possession
16 cannot be quickly obtained by voluntary sale.
17 2. Obligations of ARency. The Agency shall be responsible for and
18 complete the actions set forth on Exhibit "C" and agrees to use its best
19 efforts to complete them prior to, or concurrently with, the completion of the
20 required actions to be taken by the Redeveloper.
21 3. Obligations of Redeveloper.
22 (a) The Redeveloper agrees to be responsible for and complete
23 the actions set forth on Exhibit "D" within the time schedule set forth
24 therein.
25 (b) All improvements shall be constructed in accordance with
26 all applicable State and local laws and regulations and shall conform to the
27 provisions of this Agreement.
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Certificate of Compliance.
(a) Promptly after completion of the improvements in accprdance
with the provisions of this Agreement, the Agency will furnish the Redeveloper
with an appropriate Certificate of Compliance. Such certificate by the Agency
shall be a conclusive determination of satisfactory termination of the
agreements and covenants of this Agreement and the Grant Deed, with respect to
the obligation of the Redeveloper, and its successors and assigns, provided
that such certification and such determination shall not constitute evidence
of compliance with, or satisfaction of, any obligation of the Redeveloper to
any holder of any mortgage or trust deed, or any insurer of any such mortgage
or trust deed, securing money loaned to finance the improvement, or any part
thereof.
4.
(b) The certification 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 provisions of this Section, the Agency
1 covenants running with the land. Except as otherwise specifically provided in
2 this Agreement, such covenants and agreements shall be binding to the fullest
3 extent permitted by law and equity, for the benefit and in favor of, and shall
4 be enforceable by, the Agency, its successors and assigns, the City and any
5 successor in interest to the Property, or any part thereof, and the owner of
6 any other land (or of an interest in such land) in the Project Area which is
7 subject to the land use requirements and restrictions of the Redevelopment
8 Plan, against the Redeveloper, its successors and assigns and every successor
9 in interest to the Property, or any part thereof or any interest therein, and
10 any party in possession or occupancy of the Property or any part thereof. It
11 is further intended and agreed that the agreement and covenant provided in
12 subdivision (a) of Section 6 hereof shall remain in effect for a period of
13 forty-five (45) years from the date upon which said Ordinance became
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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. Such agreements and covenants 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, or in
favor of which, such agreements and covenants relate. 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, 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. Any leases made by the
Redeveloper covering the subject Property shall include all 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. No reverter provisions apply for
breach of any covenants.
9. Equal Employment Opportunity. The Redeveloper, for itself and
its successors and assigns, agrees that during the construction of the
22 improvements provided for in the Agreement that
23 (a) The Redeveloper shall not discriminate against any employee
24 or applicant for employment because of race, sex, marital status, color,
25 creed, religion, physical handicap, national origin or ancestry. The
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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,
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physical handicap, national origin or ancestry. Such Affirmative Action shall
include, but not be limited to, the following employment, upgrading, de~otion
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
(e) The Redeveloper shall include the provisions of
subdivisions (a) through (c) of this Section in every contract, and shall
require the inclusion of these provisions in every 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 subcontrsct, as the Agency
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1 involved in, or is threatened with, litigation with a subcontractor or vendor
2 as a result of such direction by the Agency, the Redeveloper may require the
3 Agency to enter into such litigation to protect its interest.
4 10. Minimum and Prevailing Wage Rates for Laborers and Mechanics and
5 Penalty. All laborers and mechanics employed upon the work covered by this
6 contract shall be paid unconditionally and not less often than once each week,
7 and without subsequent deduction or rebate on any account (except such payroll
8 deductions as are made mandatory by law and such other payroll deductions as
9 are permitted by the applicable regulations issued by the Secretary of Labor,
10 United States Department of Labor, pursuant to the Anti-Kickback Act, the full
11 amounts due at time of payment computed at wage rates not less than those
12 contained in the wage determination decision of said Secretary of Labor, plus
13 all fringe benefits payable under any contract between an employer and unions
14 representing comparable trades in the area, regardless of any contractual
15 relationship which may be alleged to exist between the Contractor or any
16 subcontractor and such laborers and mechanics. Redeveloper further agrees
17 that this section shall inure to the benefit of the Agency and all laborers
18 and mechanics employed upon the work covered by this contract as third party
19 beneficiaries and that the agency or any aggrieved employee may file an action
20 in any court of competent jurisdiction against the Redeveloper or any of its
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contractors 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.
11. Prohibitions Against Assignment and Transfer.
(a) Representations as to the Redevelopment. The Redeveloper
represents and agrees that its acquisition of the Property, and its other
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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 auccessor 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 succesaor or on any obligations under the terms of this
Agreement.
14. Notice. Any notice to be given by either party to the other
shall be given by certified mail, return receipt requested, postage prepared,
addressed as shown on their then current letterheads.
15. Rb;ht to Modify, 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, with
the consent of the Agency and/or the City and all parties then having an
interest in the Property, or hereunder.
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.
16. Assistance from the City. It is recognized that the Agency's
performance of its covenants under this Agreement will require the cooperation
and assistance of the City. The Agency will use its best efforts to obtain
such cooperation and assistance so as not to delay or prevent its performance
under this Agreement.
17. This Agreement shall be enforceable by the parties hereto, and
any assigns hereunder. No person shall be authorized to seek enforcement of
the terms, covenants and conditions hereof except the Agency, the City, the
Redeveloper, or any assigns of either. This Agreement creates no third party
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1 beneficiary entitlement, and (except as to the provisions of Paragrsph 10)
2 only the parties hereto and their assigns shall be authorized to compel.
3 compliance herewith through court action.
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18. Validity ContinRencv. This Agreement shall not become effective
5 for any purpose unless the original, duly executed by the Redeveloper, is
6 returned and received by the Agency within ten (10) days from the receipt
7 thereof by the Redeveloper.
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19. Execution. This Agreement is executed in counterparts, each of
9 which shall be deemed to be an original, and such counterparts shall
10 constitute one and the same instrument.
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EXECUTED at
, California, this
12 day of
13
,19_.
14 AGENCY:
15
REDEVELOPER :
16 REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
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SAN BERNARDINO COMMUNITY COLLEGE
DISTRICT
By:
Its:
CHAIRMAN
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And
By:
Its:
SECRETARY
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23 APPROVED AS TO LEGAL
24 FORM AND ADEQUACY:
25 AGENCY COUNSEL
26
By:
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1 KlBIBI~ -A-
2 LEGAL DESCRIPTION
3
4 The property to be conveyed to Redeveloper shall consist of
5 13,628 square feet of property immediately adjacent to property
6 being developed by the Superintendent of Schools of the County 0
7 San Bernardino, with the exact line to be drawn by Agency, Agenc
8 shall divide the property to be acquired, also known as the Matt
9 property, consisting of Assessor's Parcel Number 134-041-05, 06,
10 08 and 09, into a parcel for Redeveloper, a portion for the San
11 Bernardino County Board of Education, and a remainder parcel to
12 be held initially by Agency. The exact legal descriptions of th
13 property to be conveyed shall be determined by Agency after
14 survey. It is understood that the San Bernardino County Board 0
15 Education shall acquire from the Agency certain land including a
16 rectangular area the easterly boundary of which shall extend int
17 the Matty property. Redeveloper shall take title to a
18 rectangular piece of property whose east and west boundaries run
19 parallel through the Matty parcel. The Agency shall retain the
20 balance of the Matty property.
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public
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EXHIBIT "B"
GRANT DEED
The REDEVELOPMENT AGENCY OF THE CITY OF SAN BEll.NAll.DIHO, CALIFORNIA, a
corporation, hereinafter called the Grantor, in consideration of the
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Dollars ($
), to be paid by
hereinafter called the Grantee, and in further consideration of the covenants
and conditions herein contained and to be kept and performed by the Grantee,
does hereby grant to the Grantee all that real property situated within the
Project Area, in the City of San Bernardino, County of San Bernardino, State
of California, hereinafter called the "Property", described as follows:
SEE EXHIBIT "A" ATTACHED HERETO.
The Grantee does hereby acknowledge receipt of a copy of the
Redevelopment Plan for the Project Area,
approved by Ordinance No. of the City of San Bernardino, which
Ordinance was adopted , 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
with 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:
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14 under or through them, that the Grantee, and such successors and assigns, shall
15 (i) Devote the Property to, and only to and in
16 accordance with, the uses specified in the Redevelopment Plan.
17 (ii) Not discriminate upon the basis of race, sex,
18 marital status, color, creed, religion, physical handicap, national origin,
19 ancestry, age or handicapped status in the sale, lease, sublease, rental or
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. 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, and the owner of
any other land in the Project Area.
2.
(a)
The Grantee herein covenants by and for himself, his heirs,
executors, administrators, and his successors and assigns, and every successor
in interest to the Property, or any part thereof, and all persons claiming
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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, estsblish or
permit any such prsctice or practices of discrimination or segregation with
reference to the selection, location, number, use of occupancy of tenants,
lessees, subtenants, sublessees, or vendees of the property, or any part
thereof.
(iii) Maintain the parking areas, landscaped areas and
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1 parkways on the property in good condition.
2 (b) The foregoing agreements and covenanta, as set forth. in
3 subdivision (a) of Section 2 of this Deed, shall be covenants running with the
4 land, and they shall in any event, without regard to technical classification
5 or designation, legal or otherwise, and except only as otherwise specifically
6 provided in this Deed by binding to the fullest extent permitted by law and
7 equity, for the benefit and in favor of, and be enforceable by the Grantor,
8 its successors and assigns, the City of San Bernardino, California, and any
9 successor in interest to' the Property or any part thereof, and the owner of
10 any other land (or of an interest in such land) in the subject Project Area,
II which is subject to the land use requirements and restrictions of the assigns
12 and every successor in interest to the Property, or any part thereof or any
13 interest therein, and any party in possession or occupancy of the Property or
14 any part thereof. It is further intended and agreed that the agreement and
15 covenant provided in subsection (i) of subdivision (a) of Section 2 of this
16 Deed shall remain in effect for a period of forty five (45) years from the
17 date upon which said Ordinance became effective, at which time such agreement
18 and covenant shall terminate, and that the agreement and covenant provided in
19 subsection (ii) of subdivision (a) of Section 2 hereof shall remain in effect
20 without limitation as to time provided, that such agreements and covenants
21 shall be binding on the Redeveloper itself, each successor in interest to the
22 Property, and every part thereof, and each party in possession or occupancy,
23 respectively, only for such period as such successor or party shall have title
24 to, or an interest in or possession or occupancy of, the Property or part
25 thereof. The term "uses specified in the Redevelopment Plan". and "land use"
26 referring to provisions of the Redevelopment Plan, or similar language, in the
27 Agreement shall include the land and all buildings, housing, and other
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requirements or restrictions of the Redevelopment Plan pertaining to such land.
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14 maintain any actions or suits at law or in equity or other property
15 proceedings to enforce the curing of such breach of agreement or covenant, to
16 which it or any other beneficiaries of such agreement or covenant may be
17 entitled.
18 4. In the event Grantee shall default in the performance of
19 Grantee's undertakings for the construction of certain improvements on the
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 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 purposes 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. Such agreements and covenants
shall run in favor of the Grantor, for the entire period dur~ng 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
20 aforesaid real property within the time and in the manner set forth in that
21 certain Disposition and Joint Development Agreement between the Grantor and
22 the Grantee, dated , 19___, and hereinafter referred to as
23 the "Agreement"; the Agency shall have full authority to enforce the Agreement
24 by specific performance, seeking damages, or seeking any other remedy or
25 combination of remedies authorized by law.
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5.
(a)
Promptly after completion of the improvements in accordance
with the provisions of said Agreement, the Grantor will furnish the Grantee
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11 (b) The certification provided for in this Section shall be in
12 such form as will enable it to be recorded with the County Recorder of San
13 Bernardino County. If the Grantor shall refuse or fail to provide the
14 certification in accordance with the provisions of this Section, the Grantor
15 shall within 90 days after written request by the Grantee, provide the Grantee
16 with a written statement, indicating in adequate detail in what respects the
17 Grantee has failed to complete the improvements in accordance with the
18 provisions of said Agreement or is otherwise in default and what measures or
19 acts it will be necessary in the opinion of the Grantor, for the Grantee to
20 take or perform in order to obtain such certification.
21 6. None of the provisions of said Agreement described in Section 4
22 hereof, are intended to or shall be merged by reason of this deed transferring
23 title to the property from the Grantor to the Grantee in interest, and such
24 deed shall not be deemed to affect or impair the provisions and covenants of
25 said Agreement.
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with an appropriate instrument so certifying. Such certification by the
Grantor shall be (and it shall be so provided in the certification itself), a
conclusive determination of satisfaction and termination of the agreements and
covenants in said Agreement and to Paragraph 4 of this Deed with respect to
the obligation of the Grantee, and its successors and assigns, provided, that
such certification and such determination shall not constitute evidence of
compliance with, or satisfactions of, any obligation of the Grantee to any
holder of a Trust Deed or mortgagee, or any insurer of a Trust Deed or
IIOrtgage, securing aoney loaned to finance the improvements or any part
thereof.
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IN WITNESS WHEREOF, the Grantor and the Grantee have executed this
2 Deed by their respective officers thereunto duly qualified this ftay
3 of
,19_"
4
5 GRANTOR
6
REDEVELOPMENT AGENCY OF THE CITY
7 OF SAN BERNARDINO, CALIFORNIA
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9
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12
CHAIRMAN
SECRETARY
13
APPROVED AS TO LEGAL
14 FORM AND ADEQUACY
15 AGENCY COUNSEL
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-20-
ACCEPTED:
SAN BERNARDINO COMMUNITY COLLEGE
DISTRICT
By:
Its:
By:
Its:
1 LEGAL DESCRIPTION
2
3
4 PARCEL OF PARCEL MAP AS PER
5 MAP RECORDED IN BOOK . PAGE OF
6 PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN
7 BERNARDINO, STATE OF CALIFORNIA.
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EXHIBIT "A"
14 (TO EXHIBIT "B")
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ElBIBIT .C.
2
OBLIGATIONS OF THE AGENCY
3
Agency agrees to:
1. Acquire the land, being a part of the four parcels
4
5 described as APN 134-041-05, 06, 08 and 09.
6
2. Deliver possession, not later than January 1, 1986, of
7 approximately 13,628 square feet of land within the parcels
8 described. To the extent feasible, Agency shall accelerate
.
9 acquisition and possession to enable Redeveloper to complete
10 paving of the property in conjunction with the San Bernardino
11 County Board of Education's paving contract for adjacent
12 property. Failure to so accelerate acquisition and possession
13 shall not constitute a default.
14
3. Demolish all buildings and structures, clear the site
15 and remove any man-made material from the site.
16
4. Convey right of possession pursuant to Paragraph 1 of
17 the Agreement.
18
5. Divide the land described in Item 1 above in such a
19 manner as to assure to Redeveloper 13,628 square feet suitable
20 for development as a parking area adjacent to property being
21 acquired by the San Bernardino County Board of Education, with a
22 line between Redeveloper's property and the Board of Education's
23 property as mutually agreed between them.
24
6. Provide seal coating, asphaltic concrete or other
25 suitable covering of the remaining approximately 16,400 square
26 feet within the parcels described in Item 1 above, and permit
27 Redeveloper to use such premises occasionally for overflow
28 parking without charge. Occasional use of such remainder parcel
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shall continue to be available to Redeveloper until Agency
disposes of the land for development purposes. Agency may but
shall not be required to develop the remainder parcel for public
parking, but shall provide at least sufficient covering to
control dust.
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ElHIBIT .D.
OBLIGATIONS OF THE REDEVELOPER
Redeveloper agrees to:
1. Execute an agreement with Agency resolving certain
disputes, whereunder Agency shall make available to Redeveloper
$160,000 to pay Redeveloper's obligations under this agreement.
2. Accept title as acquired by Agency to 13,628 square fee
of land. .
3. Develop or have developed paved parking on the Property
within six months after transfer of right of possession, or by
June 1, 1986, whichever is earlier.
4. Authorize Agency to credit as the entire purchase price
paid to Agency the proceeds of the agreement described in Item 1
-24-
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I
REDEVELOPMENT AGENCY-REQUEST FOR CO_ISSION/COUNCIL ACTION
:
From: Glenda Saul, Executive Director
Subject: DISPOSITION AND JOINT DEVELOPMENT
AGREEMENT-SAN BERNARDINO COMMUNITY
COLLEGE DISTRICT
Dept: Redevelopment Agency
Date: February 27, 1985
Synopsis of Previous Commission/Council action:
11-27-84 Authorization of acquisition of certain parcels located at 6th and "E"
Streets for resale to County Superintendent of Schools.
12-10-84 Approval, in concept, of acquisition of additional property to accommodate
the San Bernardino Community College District.
Recommended motion:
Open Public Hearing.
(CDC)
Close Public Hearing.
a. Adopt a Resolution authorizing the execution of a Disposition and Joint Development
Agreement with San Bernardino Community College District.
b. Adopt a Resolution authorizing the execution of an Agreement for Resolution of
Disputes with San Bernardino Community College District.
(MAYOR AND COMMON COUNCIL)
c. Adopt Resolution approving the sale of real
College District (Section 33433, Health and
property to San Bernardino Community
Safety Code).
~AdV
Signature
Phone: 383-5081
1
Ward:
Project: CCN
Date: March t, 1985
Contact person:
GLENDA SAUL
Supporting data attached:
YES
FUNDING REQUIREMENTS:
Amount: $
$160,000
No adverse Impact on City:
Council Notes:
7.:2-
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REDEVELOPMENT AGENCY-REQUEST FOR COMMISSION/COUNCIL ACTION
STAFF REPORT
At the Commission meeting on November 27, 1984, the acquisition of property located at
6th and "E" Streets was approved for the purpose of resale to the County
Superintendent of Schools. Since that time, negotiations between the County Schools,
Community College District, and the Agency have continued, resulting in the following
proposed agreement.
County Schools will increase the size of their proposed facility approximately
8-10,000 square feet to accommodate the administrative offices of the Community
College District. This additional square footage raises the required square footage
for parking approximately 13,600 square feet. In order to provide for this additional
need, the Comm,ission approved the acquisition of four additional parcels (see
attached map) at a cost of $264,000.00.
Although the four parcels total 30,000 square feet, it is the opinion of our
consultant and Agency Counsel that acquisition of only a position of the property from
the owner, Gus Matty, would result in the Agency being required to pay a substantial
- penalty for severance damages. An added benefit will be the elimination of a
blighting influence, allowing the Agency to clean up the surrounding area as well.
This action will provide a solution not only for the proposed development, but will
also offer the Agency a solution to the question of financial impact on the Community
College District caused by the adoption of various project areas.
As the Commission is aware, the Agency currently has four project areas in which the
financial impact on the Community College District is in dispute (Northwest, Tri-City,
South Valle and Uptown). Based upon the following findings, both parties have
determined that $160,000.00 is reasonable compensation for the loss of future tax
increment in these four project areas:
(a) The Tri-City Redevelopment Project, the South Valle Redevelopment
Project, the Northwest Redevelopment Project and the Uptown Redevelopment
Project, each will cause or has caused a financial burden or detriment to the
San Bernardino Community College District, and that paymente of funds are
necessary to alleviate the financial burden of detriment. This finding is
based upon the following facts:
(i) The Tri-City Redevelopment Project and the South Valle
Redevelopment Project will each create additional employment, cause
additional persons to be located within the District, and such persons
will utilized District's facilities, as a result of the increased
employment opportunities and as a result of the movement and relocation
of families to areas near and adjacent to such project areas for the
purposes of obtaining gainful employment.
(ii) The relocations of families into and adjacent to or near such
redevelopment project areas for the purpose of providing and gaining
employment will cause additional students to take advantage of the
educational opportunities offered by District at its facilities located
within the City of San Bernardino.
- 2 -
REDEVELOPMENT AGENCY-REQUEST FOR COMMISSION/COUNCIL ACTION
STAFF REPORT
(Hi) The Northwest Redevelopment Project Area and the Uptown
Redevelopment Project Area will cause additional families to move into.
the improved and expanded housing to be made available by such
projects, and the resulting increase in the number of households
residing within each of these project areas will increase the demands
of the pubic upon the facilities of District, and the families
relocating into the expanding and improved hOUSing will utilize to a
greater extent than in the past the educational facilities of District.
(iv) Additionally, the Northwest Project Area includes approximately
600 acres of vacant land to be developed for industrial uses; such uses
will increase employment, and require District to increase and expand
its program offerings to meet the training needs of the industries to
be located in the project area.
(v) The exact financial impact of each and anyone of these items is
impossible to determine, but staff of the Redevelopment Agency has
estimated that the impact as to each individual project area affected
will be not less than $1,000.00 per year, for the 40-year term of each
of the projects, with an estimated impact of equivalent value of the
immediate payment of $40,000.00, and that such immediate payment of
$40,000.00 per project area, representing slightly more than $1,000.00
impact per year per project area is a reasonable estimate of the impact
and the amount needed to offset the detrimental effect of each such
project upon the District.
Thus, Staff recommends the acquisition of the additional 30,000 square feet and deed
to Community College District 13,628 square feet for additional parking in lieu of
any further financial settlement for the above four project areas.
The Community COllege District (or County Schools) will improve the 13,628 square
feet of the property conveyed to them for parking at their expense. In addition, the
Agency will improve the remaining 16,372 square feet for public parking, and assist
the Community College District if any acquisition of other property within the
project area is required in the future. This assistance will not include any
financial commitment by the Agency. The costs of the improvements installed by the
Agency will be added to the purchase price of the property retained by the Agency.
Under the terms of the agreement between the County Schools and the Community College
District, County Schools will be granted the first right of refusal to purchase that
portion of the property retained by the Agency for a period of ten years.
The authorization of this agreement produces the folloWing benefits to the City:
1. Enhancement of the overall development at 6th and "E" Streets. The
inclusion of Community College District in the project will increase the
employment base in the downtown area, thus resulting in pecuniary effects
beneficial to the entire central business district.
2. The elimination of a blighting influence on the area. The acquisition of
the additional property not only allows for the construction of additional
parking, but eliminates detrimental conditions which inhibit development of
this project and the entire downtown area. This will also increase the
value of this and any adjoining projects.
- 3 -
REDEVELOPMENT AGENCY-REQUEST FOR cO_lSSION/COUNCIL ACTION
STAFF REPORT
3. Creation of additional public parking in the downtown area, the property retained by
the Agency can support approximately 50 parking spaces, which will help to eliminate
an already overcrowded parking situation in the Central City area.
4. The settlement of the claims of the Community College District against the Northwest,
South Valle, Tri-City, and Uptown project areas.
827J/OJ
2-27-85
- 4 -
SUMMARY OF FINANCIAL ASPECTS
OF A PROPOSED SALE OF
REDEVELOPMENT AGENCY OWNED REAL PROPERTY
WITHIN THE CENTRAL CITY NORTH PROJECT AREA
TO SAN BERNARDINO COMMUNITY COLLEGE DISTRICT
It 18 proposed that the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("Agency") will sell to SAN BERNARDINO COMMUNITY COLLEGE DISTRICT,
("Offerors") that certain parcel of land further identified as APN
134-041-06,09, located at 6th and "D" Streets, as set forth on the map
attached as Exhibit "B".
Offerors wish to purchase the property from the Agency for the development of
parking. Since the real property to be sold has been acquired through the use
of tax monies, the following Financial Summary is hereby submitted in.
accordance with Section 33433 of the California Health and Safety Code.
1. Cost to Agency (Exhibit "A")
a) Cost to Agency for Purchase
of property
b) Cost of Paving 134-041-05,08
c) Sales Price to Offerors
$168,000.00
$41,000.00
$160,000.00
$49,000.00
Cost of Sale
2. The estimated value of the interest to be sold is $160,000.00
3. There is a net cost to the Agency of $49,000.00. Because Offerors
are a Public Agency, there will be no tax increment produced by the
development.
4. A copy of the form of Disposition and Joint Development Agreement is
available upon request, and is referred to as Exhibit "C" to this
summary .
5. A Joint Public Hearing of the City of San Bernardino and the
Community Development Commission is scheduled for 11:00 a.m.,
January 21, 1984, in the Council Chambers, City Hall,
San Bernardino, CA.
GLENDA SAUL
Deputy Director
December 28, 1984
595J
1
2
RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
3 CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF
DISPOSITION AND JOINT DEVELOPMENT AGREEMENT BETWEEN THE
4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO COMMUNITY COLLEGE DISTRICT FOR 13,600 SQUARE FEET OF
5 PROPERTY LOCATED ON 6TH STREET BETWEEN "D" STREET AND "E" STREET
IN THE CENTRAL CITY NORTH PROJECT AREA.
6
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
7 THE CITY OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. The Chairman and Secretary of the Community
9 Development Commission of the City of San Bernardino are hereby
10 authorized and directed to execute on behalf said Commission that
11 certain Disposition and Joint Development Agreement between the
12 Redevelopment Agency of the City of San Bernardino and the San
13 Bernardino Community College District, a copy of which is
14 attached hereto as Exhibit "1", and incorporated herein by
IS reference. The Disposition and Joint Development Agreement
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provides for the sale by the Redevelopment Agency to the San
Bernardino Community College District of 13,600 square feet of
property located on 6th Street between "D" Street and "E" Street
in the Central City North Project Area for development as parking
area for the Community College District in conjunction with its
lease of office space from the Superintendent of Schools of the
County of San Bernardino.
ADOPTED:
Approved as to form:
AGENCY COUNSEL
By: d!l;?~. ~ -&j;~-
9. 2 a..
1
RESOLUTION NO.
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
3 CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
4 BERNARDINO AND THE SAN BERNARDINO COMMUNITY COLLEGE DISTRICT FOR
RESOLUTION OF DISPUTES, CONTINGENT UPON CONCURRENT EXECUTION OF
S DISPOSITION AND JOINT DEVELOPMENT AGREEMENT; TOGETHER WITH
FINDINGS THAT CERTAIN REDEVELOPMENT PROJECTS WILL CAUSE OR HAVE
6 CAUSED A FINANCIAL BURDEN OR DETRIMENT TO THE SAN BERNARDINO
COMMUNITY COLLEGE DISTRICT.
7
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT DISTRICT OF THE
8 CITY OF SAN BERNARDINO AS FOLLOWS:
9
SECTION 1. Recitals.
10
(a) The San Bernardino Community College District
11 (hereinafter ftDistrictft) has alleged, during the proceedings to
12 determine the impact of the establishment of redevelopment
13 project areas known as the Tri-City Project Area, the South Valle
14 Project Area, the Northwest Project Area and the Uptown Project
15 Area, upon District, that each of these project areas has
16 considerable financial impact to the detriment of the Community
17 College District.
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(b) The staff of the Redevelopment Agency of the City of
San Bernardino (hereinafter ftAgencyft) has maintained to this
point that there was no evidence presented of such adverse impact
to District, and the parties have been in dispute as to the
existence and extent of such impact.
(c) The staff of the Agency and the staff of the District
have met and discussed the impact of each of these project areas
upon the financial condition of the District, and have identified
areas of concern; the District has presented evidence of adverse
impact, and of the manner in which the District has been
adversely affected or will be adversely affected by each of the
redevelopment projects adopted by the City of San Bernardino.
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Cd) To alleviate those financial impacts, as authorized by
Health and Safety Code Section 33401, Agency and District propose
to enter into an agreement to resolve their disputes. Under the
provisions of State law, the Redevelopment Agency must find,
before making such an agreement, that each such redevelopment
project will cause or has caused a financial burden or detriment
to the taxing agency, and that the payments proposed are
necessary to alleviate the financial burden or detriment. Such
findings must be supported by substantial evidence.
SECTION 2. Findin~s. Based upon the report of Agency
staff, and upon evidence submitted at the hearing on the proposed
sale of property to the District, and upon the evidence presented
in support of the adoption of this resolution, the Community
Development Commission finds:
Ca) The Tri-City Redevelopment Project, the South Valle
Redevelopment Project, the Northwest Redevelopment Project and
the Uptown Redevelopment Project, each will cause or has caused a
financial burden or detriment to the San Bernardino Community
College District, and that payments of funds are necessary to
alleviate the financial burden or detriment. This finding is
based upon the following facts:
Ci) The Tri-City Redevelopment Project and the South
Valle Redevelopment Project will each create additional
employment, cause additional persons to be located within the
District, and such persons will utilize District's facilities, as
a result of the increased employment opportunities and as a
result of the movement and relocation of families to areas near
and adjacent to such project areas for the purposes of obtaining
gainful employment.
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(ii) The relocations of families into and adjacent to
or near such redevelopment project areas for the purpose of
providing and gaining employment will cause additional students
to take advantage of the educational opportunities offered by
District at its facilities located within the City of San
Bernardino.
(iii) The Northwest Redevelopment Project Area and the
Uptown Redevelopment Project Area will cause additional families
to move into the improved and expanded housing to be made
available by such projects, and the resulting increase in the
number of households residing within each of these project areas
will increase the demands of the public upon the facilities of
District, and the families relocating into the expanding and
improved housing will utilize to a greater extent than in the
past the educational facilities of District.
(iv) Additionally, the Northwest Project Area includes
approximately 600 acres of vacant land to be developed for
industrial uses: such uses will increase employment, and require
District to increase and expand its program offerings to meet the
training needs of the industries to be located in the project
area.
(v) The exact financial impact of each and anyone of
these items is impossible to determine, but staff of the
Redevelopment Agency has estimated that the impact as to each
individual project area affected will be not less than $1,000.00
per year, for the 40-year term of each of the projects, with an
estimated impact of equivalent value of the immediate payment of
$40,000.00, and that such immediate payment of $40,000.00 per
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project area, representing slightly more than $1,000.00 impact
per year per project area is a reasonable estimate of the impact
and of the amount needed to offset the detrimental effect of each
such project upon the District.
SECTION 3. Determinations. Based upon the findings set
forth in Section 2 above, the Community Development Commission of
the City of San Bernardino determines that each of the four
projects referred to have caused or will cause a financial burden
or detriment to the District, and that the payment of $40,000.00
per project area to District is necessary to alleviate the
financial burden or detriment to the District, over the term of
each of such projects. The proposed agreement will provide a
method of dealing with the adverse impact and benefit the four
affected project areas at the same time.
SECTION 4. Implementation. The Chairman and Secretary of
the Redevelopment Agency are hereby authorized and directed to
execute, on behalf of the Agency, a copy of that certain
agreement between the Redevelopment Agency of the City of San
Bernardino and the San Bernardino Community College District for
resolution of disputes, a copy of which is annexed hereto as
Exhibit aln and incorporated herein by reference. The execution
of this agreement is expressly contingent upon the concurrent
execution by District of a Disposition and Joint Development
Agreement between Agency and District authorized heretofore by
the Commission.
ADOPTED:
/ / / /
/ / / /
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Approved as to form:
AGENCY COUNSEL
By: tlLi:~( 1( Ai/l/
-5-
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AGREEMENT BETWEEN REDEVELOPMENT AGENCY
OF THE CITY OF SAM BERNARDINO
ABD
'.rilE SAM BERNARDINO COMMUHITY COLLEGE DISTRICT
POR RESOLO'1'ION OF DISPO'1'ES
3
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S
1. The Redevelopment Agency of the City of San Bernardino
6 ("Agency") has established redevelopment projects known as the
7 Tri-City Redevelopment Project, the South Valle Redevelopment
8 Project, the Northwest Redevelopment Project, and the Uptown
9 Redevelopment Project, among others, within the City limits of
10 the City of San Bernardino. Each of these projects are within
11 the area served by the San Bernardino Community College District.
12
2. Incident to the establishment of each of these project
13 areas, San Bernardino Community College District ("District") has
14 filed objections with Agency as to the adverse impact the
IS establishment of such project areas has caused or will cause upon
16 the District.
17
3. Negotiations have occurred between representatives of
18 Agency and District in an attempt to identify adverse impact of
19 each such project area upon District, and what steps, if any,
20 could be taken to ameliorate such adverse effects.
21
4. Health and Safety Code Section 33401 of the State of
22 California authorizes redevelopment agencies to pay to any taxing
23 agency with territory located within a project area any amount of
24 money which the agency has found is necessary and appropriate to
25 alleviate any financial burden or detriment caused to any taxing
26 agency by a redevelopment project.
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5. Agency and District are satisfied that the impact of the
28 Tri-City Redevelopment Project and the South Valle Redevelopment
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Project, particularly in providing increased employment
opportunities, will lure additional residents to the area served
by District, and will cause additional families to be located
within the District. This in turn will result in increased
utilization of the facilities and educational offerings of the
District by members of the families relocating as a result of
such increased employment opportunities.
6. The redevelopment of the project areas known as the
Northwest Project Area and the Uptown Project Area will cause
improved and increased housing opportunities, which will attract
additional residents to the area served by the District, and
these additional residents will cause an increased demand and
higher utilization of the educational offerings and facilities
provided by the District.
7. Development of approximately 600 acres of vacant land in
the Northwest Redevelopment Project Area will create new
industries, and require that District provide new and expanded
training programs to meet the needs of the industries to be
located therein.
8. Agency and District agree that the impact will exceed,
on the average, $1,000.00 per year per project in adverse
financial impact upon the District, and that immediate credit
over the life of each such project in the amount of $40,000.00
will offset such adverse effect, and enable District to Develop
its downtown office complex more economically, and enable the
District to relocate its business office to the downtown San
Bernardino area with minimum impact on District's immediate cash
situation, and will thereby ameliorate and alleviate the
financial burden or detriment to the District.
.
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9. Agency and District agree that the Resolution of
Disputes as to the financial impact of the establishment of the
Tri-City Redevelopment Project, the South Valle Redevelopment
Project, the Northwest Redevelopment Project and the Uptown
Redevelopment Project shall be a permanent and final resolution
of the dispute between the Agency and District regarding the
financial impact of such establishment, and that the agreement
set forth herein shall constitute a total and final resolution of
the dispute as to the financial impact on District of the
establishment of each of these four project areas.
10. Agency agrees to pay to District the sum of
$160,000.00, representing $40,000.00 for each of the four
affected project areas, in resolution of this dispute. The sum
shall be credited to District's obligation as the purchase price
of certain real property located on 6th Street between "D" Street
and "E" Street in the Central City North Project Area, which is
being purchased by District under a Disposition and Joint
Development Agreement with Agency, being executed coincident
herewith. This Agreement and the Disposition and Joint
Development Agreement are dependent upon each other, and neither
shall take effect without the execution of both such agreements,
by both Agency and District.
11. District specifically agrees that the financial
arrangements made hereunder making it possible for District to
acquire 13,600 square feet of property on 6th Street between "D"
Street and "E" Street in the City of San Bernardino will
adequately alleviate the financial burden or detriment to the
District of each of the four affected project areas, Tri-City,
_':1_
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South Valle, Northwest and Uptown. The provisions made for
District in this agreement are accepted in full settlement of all
claims to share in the tax increments realized by Agency from
such projects. District agrees that it will make no further
claim against Agency for any further financial burden or
detriment caused by such projects upon the District.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement the
day of
, 1985.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
SAN BERNARDINO COMMUNITY
COLLEGE DISTRICT
By
By
Its
Its
Approved as to form:
AGENCY COUNSEL
By: