HomeMy WebLinkAbout1985-123
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RESOLUTION NO. 85-l23
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND PACER
UNIVERSITY ASSOCIATES RELATING TO TENTATIVE TRACT NUMBER l2896,
STATE COLLEGE PROJECT AREA.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
8 authorized and directed to execute on behalf of said City an
9 Agreement among the City of San Bernardino, the Redevelopment
10 Agency of the City of San Bernardino, and Pacer University
II Associates relating to Tentative Tract Number 12896, State
12 College Project Area, a copy of which is attached hereto, marked
13 Exhibit "An and incorporated herein by reference as fully as
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14 though set forth at length.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
meeting thereof, held on
regulAr
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the 1 c;t-
, 1985, by the following vote,
day of
Apri 1
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Council Members rnRt-nnpnn Rpilly
AYES:
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011;pl Frr:t7.;pr !=;t-rirklpr
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'I The foregoing resolution is hereby
II of Apri 1 , 1985.
[I Approved as to form:
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NAYS:
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ABSENT:
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City Attorney
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AGREEMENT
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THIS AGREEMENT is entered into by and between the CITY OF SAN
ERNARDlNO, a municipal corporation, referred to as nCity-, the Redevelopment
ency of the City of San Bernardino, a public body corporate, hereinafter
eferred to as -Redevelopment Agency- and PACER UNIVERSITY ASSOCIATES, a
lifornia Limited Partnership, hereinafter referred to as, -Owner-.
Recitals
This agreement is entered into with reference to the following facts:
A. The project which is tentative tract number 12896 and consists of
9 pproximately 18.1 acres located at the northeast corner of College Avenue and
]0 Diversity Parkway, in the City of San Bernardino, San Bernardino County,
1] lifornia, for which conditional use permit number 84-66 has been applied for
12 hereinafter referred to as "the project"), is consistent with the General
13 of the City of San Bernardino and with the zoning requirements of the
14 San Bernardino.
B.
The application as originally processed by the owner of the
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provided for a density bonus.
Public hearings have shown the
17 esidents of the area to have deep concerns about the density bonus and the
18 ossible negative impact that density above the approved zoning might have on
19 municipal faclli ties.
20 c. The project is in the State College Project area. Removal of the
2] ncreased density will cause a financial hardship to the owner, making
22 onstruction of the project financially infeasible, unless the City or
23 edevelopment Agency provides certain financial incentives.
24 Agreement
25 The parties therefore agree as follows:
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Section 1.
The Mayor and Common Council of City shall approve
27 conditional use permit number 84-66 for construction at the current zoning on
28 the terms and conditions set forth in this agreement. The owner shall modify
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ts plans to comply with current zoning for 254 dwelling units and shall
ubmit such plans to the Planning Department for review and approval.
uilding permits may be issued by the Superintendent of Building and Safety
pon approval of such plans by the Planning Department.
Section 2. As a means of assisting the owner with the financing of
he project, the Redevelopment Agency shall provide all possible assistance to
he owner to obtain mortgage revenue bonds for the development of the project.
e Mayor and Common Council of City will expedite all hearings necessary for
he issuance of such bonds.
Section 3. In the event the developer determines such bond financing
s infeasible for the project or the terms and conditions upon which bond
12 inancing is available would render the project infeasible or reduce the
]3 inancial condition of the property, the owner may request an alternative
14 inancial incentive. If the owner requests such alternative financial
15 ncentive, the Redevelopment Agency of the City of San Bernardino shall
rovide financial support for the project by pledging and paying to the owner
or a period of seven (7) years a sum equivalent to all tax increment from the
The amount of tax increment shall be determined in accordance with
ea1th and Safety Code Section 33670(b). The seven (7) year period shall
ommence upon the date the certificate of occupancy is issued. Payments shall
e made by Agency semi-annually within thirty (30) days after tax payments are
aid over to the Agency from the County of San Bernardino. A sum equal to the
mount so received shall be paid over to the Owner by Agency. Should the
roject be built in phases, such that a certificate of occupancy is issued for
ifferent phases at different times, the seven (7) years shall commence for
ach phase upon the issuance of a certificate of occupancy for that phase.
Section 4. The original proposal of the owner included the
andscaping and maintenance of a 6.1 acre site to the east owned by Southern
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The owner shall landscape said site and shall
2 intain such landscaping for a term of seven (7) years from the date of final
3 inspection and approval of the park site by the Director of Parks, Recreation
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nd Community Services of the City.
All park and recreation fees assessed
gainst the Owner by the City shall be contributed by City toward the cost of
andscaping said site.
At the conclusion of the seventh year, owner will no
onger be responsible for maintenance of landscaping of the 6.1 acres.
Section 5.
The Owner agrees that there shall be no discrimination
gainst or segregation of any person or group of persons on account or race,
olor, creed, religion, sex, marital status, national origin, or ancestry, in
1] the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of
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he dwelling units constructed hereunder, nor shall the Owner himself, or any
erson claiming under or through him, establish or permit any such practice or
ractices of discrimination or segregation with reference to the selection,
ocation, number, use, or occupancy of tenants, lessees, sub1essees,
ubtenants, or vendees in the premises constructed hereunder.
Section 6. Except as otherwise set forth in this agreement, the City
f San Bernardino agrees to adopt the conditions of approval for the tract
p, conditional use permits, and the standard requirements, all as
ecommended by the Planning Department as approved by the Planning Commission.
Section 7. This agreement shall be considered as a complete contract
nd not be severed. Should any section or part of this agreement be found to
e unenforceable, the entire agreement shall be void.
Section 8. This agreement shall be transferrable by Owner to any
erson or entity to whom entire ownership of the project may be transferred,
ut shall not be assignable or transferrable except in conjunction with such
ransfer of ownership of the property comprising the project.
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In witness whereof the parties have executed this agreement effective
2 the
!d--
day of ~f ,1985.
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Approved as to legal form:
5 Agency Counsel:
: BY: dlk II ~
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City of San Bernardino:
ATTEST:
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/ City Clerk
Redevelopment Agency 0
San Bernardino:
. Secretary
Pacer University Associates,
A California Limited Partnership:
BY: Pacer Development, Inc.
Genera P tner
BY: