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Home My WebLink AboutCDC/2008-36 1 2 3 4 5 6 7 RESOLUTION NO. CDc/2008-36 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A SUPPLEMENTAL AGREEMENT TO THE 2007 PROPERTY OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE AGENCY AND INLAND BEHAVIORAL AND HEALTH SERVICES, INe. (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a public body, corporate and politic existing under the laws of the State of California, Health and Safety Code 33000, et seq., and is charged with the mission of redeveloping blighted and underutilized land; and WHEREAS, Inland Behavioral and Health Services, Inc., a California non-profit corporation (the "Developer"), is the owner of certain Property located in the redevelopment project area described in the Redevelopment Plan ("Plan") for the Central City North Redevelopment Project Area ("Project Area"); and WHEREAS, the Developer has undertaken a project on the site which consists of a medical clinic of approximately 28,340 square feet ("Project") providing quality medical, obstetric, gynecological, pharmaceutical and dental services to the medically underserved communities of the City of San Bernardino (the "City") as well as on-site primary health care, mental health treatment, and other types of medical and social services to be provided within the Project Area; and WHEREAS, on February 7, 2007, the Community Development Commission of the City of San Bernardino ("Commission") adopted Resolution No. CDC 2007-65 approving a 2007 Property Owner Participation Agreement in the amount of $265,000 to help off-set the costs of unfunded and unanticipated requirements conditioned by the City related to construction of 25 certain improvements to the public right-<>f-way on "D" and 7th Streets, including but not limited 26 27 28 to, street widening on "D" Street, relocation of utility poles and new curb, gutter, sidewalk and landscaping ("Public Improvements")at an estimated cost of $265,000 causing the Developer to I P:\Agendas\ResoJutions\ResoIutions\2008\09-15-08 ffiHS Supplemental Agreement CDC Reso.doe CDc/2008-36 1 request certain assistance and reimbursements from the Agency to help off-set the cost of the 2 Public Improvements; and 3 WHEREAS, the actual costs of the unfunded and unanticipated requirements to the public 4 right-of-way conditioned by the City upon the Project amount to $342,000; and 5 WHEREAS, the Project is consistent with the goals of the Plan; and 6 WHEREAS, the Project will assist the Agency in accomplishing its goal to reduce blight in 7 the Project Area described in the Plan for the Project Area pursuant to the California Community 8 Redevelopment Law; and 9 WHEREAS, it is appropriate for the Commission to approve a Supplemental Agreement 10 ("Supplemental Agreement") to the 2007 Property Owner Participation Agreement between the 11 Agency and the Developer. 12 NOW, TIIEREFORE, TIIE COMMUNITY DEVELOPMENT COMMISSION OF TIIE CITY 13 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 14 Section 1. The Commission hereby approves the Supplemental Agreement and hereby 15 approves and authorizes the Interim Executive Director of the Agency to execute the 16 Supplemental Agreement on behalf of the Agency. The Interim Executive Director of the 17 Agency is hereby authorized to make minor corrections, additions and clarifications to the 18 Supplemental Agreement, provided said changes are not substantive in nature, are approved by 19 Agency Counsel and do not increase the monetary impact to the Agency under the terms of the 20 Agreement as hereby approved. 21 22 II I 23 II I 24 II I 25 II I 26 I II 27 I I I 28 I II Section 2. The Resolution shall become effective immediately upon its adoption. 2 P:\Asendu\ResohrtiOllJ\RelOlutiom\2008\09-1S-OS ffiHS Supplemental Agreement CDC Reso.doc: CDC?2008-36 1 2 3 4 5 6 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A SUPPLEMENTAL AGREEMENT TO THE 2007 PROPERTY OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE AGENCY AND INLAND BEHAVIORAL AND HEALTH SERVICES, INC. (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 7 Development Commission of the City of San Bernardino at a joint regular meeting 8 thereof, held on the 15th day of September , 200S, by the following vote to wit: 9 Commission Members: 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 Abstain Absent Navs Aves -X- X X ---1L ~ X - - 7Rf? Secretary 18 The foregoing Resolution is hereby approved this /P'" day of September X ,200S. 19 20 21 Patric J. ~orris, on o unity Development Commission o e City of San Bernardino Approved as to Form: 22 {I) L 23 By: ~~~~r 24 25 26 27 28 3 P:\Asendu\Rcsolutions'lRelolutiona\2008\09-15-08 mHS Supplemental Agreement CDC Reso.doc CDC/2008-36 INLAND BEHAVIORAL AND HEALTH SERVICES, INC. SUPPLEMENTAL AGREEMENT TO THE 2007 PROPERTY OWNER PARTICIPATION AGREEMENT (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) This Supplemental Agreement (this "Supplemental Agreement") to the 2007 Property Owner Participation Agreement dated February 20, 2007 (the "Agreement"), is entered into as of September 2, 2008 (the "Effective Date"), by and between the Redevelopment Agency of the City of San Bernardino (the "Agency"), a public body, corporate and politic, and Inland Behavioral and Health Services, Inc., a California non-profit corporation (the "Developer"). RECITALS WHEREAS, on February 20, 2007, the Community Development Commission of the City of San Bernardino (the "Commission") adopted Resolution No. CDC/2007-4, approving the Agreement (the "Agreement") between the Agency and the Developer for the purposes of constructing certain improvements at the Property (as defined below); and WHEREAS, the Developer is the fee owner of certain lands situated at 655 North "D" Street, San Bernardino, California (APNs: 0140-282-37, 38, 50, 56 and 49 and APN: 0135-011- 20) (collectively, the "Property") as depicted on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the Developer has constructed a 28,340 square foot medical center (the "Building") on the Property, which is approximately 1.3 acres in size bringing quality medical, obstetric, gynecological, pharmaceutical and dental services to the medically underserved communities of the City as well as providing on-site primary health care and mental health treatment and other types of medical and social services; and WHEREAS, the Developer has constructed and completed the Development Project (as defined in the Agreement) in accordance with and pursuant to the Agreement; and WHEREAS, the cost of acquisition and construction of the Development Project is in excess of $9,000,000; and WHEREAS, the Developer has designed, constructed,' installed and completed the improvements described in Exhibit "D" to the Agreement (collectively, the "Off-Site Improvements") based upon evidence submitted by the Developer to the Agency; and WHEREAS, the Developer has spent $265,000 plus an additional $59,840.75, in cost over-runs (the "Cost Over-Runs''), to design, construct, install and complete the Off-Site Improvements as required by the City of San Bernardino after the construction of the Development Project had commenced and funding was obtained; and WHEREAS, the Developer has requested the Agency to reimburse and to pay to the Developer: (i) the Improvement Cost Reimbursements (as defmed in the Agreement), in the amount of $265,000, and (ii) the Cost Over-Runs in the amount of $59,840.75, in the aggregate amount of $324,840.75; and I P:\Agendas\Agenda Attachments\Agnnts-Amend 2003\09.1S-08 mHS Supplemental Agreement.doc CDC/2008-36 WHEREAS, the Agency is willing to pay and reimburse the Developer for the Improvement Cost Reimbursements in the amount of $265,000 and for the Cost Over-Runs in the amount of $59,840.75, in the aggregate amount of $324,840.75, in accordance with this Supplemental Agreement; and WHEREAS, when fully operational, the Development Project will generate approximately 300 new jobs earning a minimum average income of approximately $40,000 per year. NOW, THEREFORE, THE DEVELOPER AND THE AGENCY DO HEREBY AGREE AS FOLLOWS: Section 1. The Recitals set forth above in this Supplemental Agreement are true and correct in all respects and are incorporated herein by this reference. Section 2. For purposes of this Supplemental Agreement all terms not otherwise defined in this Supplemental Agreement shall have the meanings provided for in the Agreement. Further, this Supplemental Agreement shall become effective (the "Effective Date") on the day that all of the following have finally occurred: (i) a duly authorized representative of the Developer executes and delivers to the Agency an original of this Supplemental Agreement, (ii) a duly authorized representative of the Agency executes and delivers to the Developer an original of this Supplemental Agreement, (iii) and the Community Development Commission of the City of San Bernardino approves this Supplemental Agreement, by resolution at a duly called meeting. Section 3. Notwithstanding anything to the contrary contained in the Agreement, including, the dollar limitations and the time requirements for the remittance of the Improvement Cost Reimbursements, within thirty (30) days from and after the Effective Date, the Agency Staff shall review and verify all requests from the Developer for the Improvement Cost Reimbursements and the Cost Over-Runs and thereafter reimburse and pay to the Developer the Improvement Cost Reimbursements in the amount not to exceed $265,000 and an additional amount not to exceed $77,000 for the Cost Over-Runs for a total aggregate amount not to exceed $342,000. Subject to final review and verification by the Agency Staff, the Developer has submitted certain detailed information to allow Agency Staff to verify thllt the Developer has spent the amounts set forth herein as the Improvement Cost Reimbursements and the Cost Over- Runs and to verify that all other conditions for the construction of public infrastructure within existing City of San Bernardino public rights-of-way, and to verify that all such public infrastructure has been approved and accepted by the Public Works Department of the City of San Bernardino. Section 4. Except as modified or amended by this Supplemental Agreement, all of the provisions of the Agreement shall remain in full force and effect following the Effective Date of this Supplemental Agreement. 2 P:\Agendas\Asenda Attachments\Agrmts-Amend 2008\09-1S-08 IBHS Supplememal Asreement.doc CDC/2008-36 IN WITNESS WHEREOF, the Developer and the Redevelopment Agency of the City of San Bernardino have executed this Supplemental Agreement as of the dates written next to the signatures of their duly authorized representatives, below. AGENCY Date: 9~t/i;/Jt/f' Redevelopment Agency of the City of San Bernardino, a public body, co~~c / By: ~~ Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: B~: C[~-'lt~ gency oun DEVELOPER Iuland Behavioral and Health Services, Inc., a California non-profit corporation Date: 4~ d~ ;JtJO Y By: 3 P:\Agendu\Agenda Attachments\Agnnt...Amend 2008\09-15-08 mHS Supplemental Agreement.doc CDC/2008-36 EXHIBIT "A" The Property 4 P;\Agendu\Agenda Attaclunents~Amend 2008\09-1S..o8 mHS Supplemental Agreemem.doc <:> CDC/2008-36 <:> EXHIBIT "A" "Inland Behavioral" . " . . . _________________________c_______.~c__________ " ------------------------------- o I ; . . ~~!" aM\ '\gI ~ ~ {I) ::j .. .. ... ;-..~ . ~~~. .~. "'=-: w. U - !lI.. ,.. .~ . ...." gSi ar~: .. -ClIo .. iOl;} " .. .. ~iiC: !:l ~ 11 ..... a- l!2 . .. a.::.t~.... &elo;;:OIt ;::a::. .~ ,.,..:~'= I.";' ,.. 1_0._ _. I o?W: : , -.. ~4t ~~ ~IQ.~ . ~ OZ,r I' ~ '-\i . ~'!<. . @ -<"", 5 ....... @) - @) @ 4 r. '~ -..4~ '-----t<---- 9/ -----r----~~ . (j) . . 3 ~- @) @) ,,' '-AS":" @)-. ' .... ~. @ - 2 @) ! (j) ~ 0 ", -' - .. Q ~QI~ a;'f lli -a. ',,- Oi~ Q~ q d' " C) -. - '< o "'.... t:;\ ID <II '6I~g lD co 3 " .. -r>. ':;- " "". " ... STREET ~ 1 '. i: ...." I ( ~ 0 @ - -.-.- . "..;-, . CDC/2008-36 EXHIBIT "D" Description of Improvement Cost Reimbursements 1. Public right-of-way improvements, including removal of existing curb, gutter and sidewalks and relocating and replacing same on "D" Street. 2. Relocation of utility poles to accommodate the new conditioned right- of-way on "D" Street. 3. Additional 4" water line to Property. Total Improvement Cost Reimbursements 5 P:\Agcndu\Agenda Attacluncnl8\Agnnls-AmeIld 2OO8\l)9..1 S..()8 IBHS SupplcmcJltal Apcmcm.doc $ 184,000 $41,000 $40,000 $265,000