HomeMy WebLinkAbout2010-354
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(NOTE: COMPANION RESOLUTION CnC/20l0-54)
RESOLUTION NO. 2010-354
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING AND CONSENTING TO THE SALE OF
CITY PROPERTY KNOWN AS THE CONVENTION CENTER AND MAKING
CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH
AND SAFETY CODE SECTION 33445.1 AS TO THE BENEFIT TO THE STATE
COLLEGE REDEVELOPMENT PROJECT AREA FOR THE SALE OF SAID
PROPERTY (CENTRAL CITY REDEVELOPMENT PROJECT AREA)
7 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and
8 a charter City duly created and existing pursuant to the Constitution and the laws of the State of
9 California; and
10 WHEREAS, the Community Development Commission of the City of San Bernardino (the
11 "Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the
12 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of California,
13 organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24
14 commencing with Section 33000) of the Health and Safety Code of the State of California (the "Act");
15 and
16 WHEREAS, pursuant to Section 33445.1 of the Act, the Agency may, with the consent of the
17 Mayor and Common Council of the City of San Bernardino (the "Council"), pay all or a part of the cost
18 of installation and construction of any building, facility, structure or other improvement which is
19 publicly owned and is located outside and not contiguous to a redevelopment project area, but is located
20 within the community, with monies allocated to such redevelopment project area if the Council
21 determines: (1) that the installation or construction of such buildings, facilities, structures or other
22 improvements are of primary benefit to the redevelopment project area; (2) that the installation or
23 construction ofthe buildings, facilities, structures, or other improvements benefits the project area by
24 aiding in the elimination of blight within the redevelopment project area; (3) that no other reasonable
25 means of financing the installation or construction of such buildings, facilities, structures or other
26 improvements are available to the community; (4) that the payment of funds for the cost of the
27 buildings, facilities, structures or other improvements is consistent with the implementation plan
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P:\Agendas\Resolutions\Resolutions\201 0\1 0-18-10 Sale and Purchase of Convention Center MeC Benefit Reso.doc
2010-354
1 adopted pursuant to Health and Safety Code Section 33490; and (5) that the installation of each
2 building, facility, structure, or improvement is provided for in the redevelopment plan; and
3 WHEREAS, the Council and the Commission have previously approved and adopted the
4 Redevelopment Plan for the Central City Redevelopment Project Area ("Central City"); and
5 WHEREAS, it is in the interest of the present landowners within Central City and the residents,
6 both within Central City and within the City generally, that the Agency acquire the Convention Center
7 property and return it to an economic benefit to the City pursuant to the Sale and Purchase Agreement
8 (the "Agreement") attached hereto as Exhibit "1"; and
9 WHEREAS, the Convention Center, when returned to operation will have a positive economic
10 and social impact on various City, retail, business, educational and commercial functions, which service
11 the residents, workers and business owners within all of the City's Redevelopment Project Areas and in
12 particular the State College Redevelopment Project Area (the State College Redevelopment Project
13 Area is herein referred to as the "Benefited Project Area"); and
14 WHEREAS, the Central City Redevelopment Project Area serves social, commercial, retail, and
15 other community needs of the Benefited Project Area and provide functions that cannot be provided
16 separately within the Benefited Project Area; and
17 WHEREAS, Central City is suffering from stagnant property values and impaired investments,
18 the property owners within Central City do not have the ability to bear the cost of any additional special
19 assessments, taxes, or other charges, and in order to promote the City's health, safety and welfare, it is
20 important that the Agency fund the costs of the Project; and
21 WHEREAS, in connection with the funding of the Project, it is proposed that the Agency shall
22 utilize revenues attributable to the Benefited Project Area in an amount equal to $2,447,000; and
23 WHEREAS, it is appropriate at this time for the Commission, pursuant to separate action, to
24 approve and authorize the Interim Executive Director to execute said Agreement attached hereto as
25 Exhibit" 1 " for the Project and for the Commission to make certain findings and determinations and take
26 certain actions with respect to the Agency's funding of the Project.
27 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
28 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
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2010-354
1 FOLLOWS:
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Section 1.
The Recitals hereinabove are true and correct and are incorporated herein by this
3 reference.
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Section 2.
The Council hereby approves and consents to the payment by the Agency of
5 those costs required by the Sale and Purchase Agreement for the acquisition of the Convention Center
6 by the Agency in order to ensure the economic enhancements and stability of the Benefited Proj ect Area
7 and other neighborhoods within the City for the reasons set forth in the Recitals hereinabove. The
8 Council also finds and determines that: (1) the Project and its projected buildings, facilities, structures,
9 or other improvements are of primary benefit to the Benefited Project Area; (2) the Project and the
10 installation or construction of the projected buildings, facilities, structures, or other improvements
11 benefits the Benefited Project Area by aiding in the elimination of blight within the Benefited Project
12 Area; (3) no other reasonable means of financing the Project or the installation or construction of the
13 projected buildings, facilities, structures or other improvements are available to the community; (4) the
14 payment of funds for the cost of the Project, buildings, facilities, structures or other improvements is
15 consistent with the implementation plan adopted pursuant to Health and Safety Code Section 33490; and
16 (5) the Project and the installation and construction of such projected buildings, facilities, structures, or
17 improvements pursuant to the Project are provided for in the redevelopment plan.
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Section 3.
The sale of that certain property generally known as the Convention Center
19 located west of City Hall, east of"E" Street and South of Court Street, more fully described in the Sales
20 and Purchase Agreement ("Agreement") attached hereto as Exhibit "1", to the Agency in the Amount of
21 $2,447,000.00.
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Section 4.
The City Manager is hereby directed and authorized by the Council to execute on
23 behalf of the City, the Agreement, a copy of which is attached hereto as said Exhibit "1", and approve a
24 form of a Grant Deed in similar transactions for the sale of said City property as described herein.
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Section 5.
Said Agreement shall be null and void if either party fails to execute the
26 Agreement within ninety (90) days after the date of adoption of this Resolution.
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Section 6.
This Resolution shall take effect upon its adoption and execution in the manner as
28 required by the City Charter.
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2010-354
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RESOLUTION OF THE MA YORAND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING AND CONSENTING TO THE SALE OF
CITY PROPERTY KNOWN AS THE CONVENTION CENTER AND MAKING
CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH
AND SAFETY CODE SECTION 33445.1 AS TO THE BENEFIT TO THE STATE
COLLEGE REDEVELOPMENT PROJECT AREA FOR THE SALE OF SAID
PROPERTY (CENTRAL CITY REDEVELOPMENT PROJECT AREA)
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular
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meeting
thereof, held on the 18th day of October , 2010, by the following vote to wit:
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Council Members: Ayes Nays Abstain Absent
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MARQUEZ x
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DESJARDINS x
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11 X
BRINKER
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SHORETT
13 KELLEY X
14 JOHNSON X
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15 MC CAMMACK X
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18 Rac el G. Clark, CIty Clerk
"f~
19 The foregoing Resolution is hereby approved this s....o day of October
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,2010.
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2010-354
REQUESTEI;) BY AND
WHEN RECORDED MAIL TO:
Redevelopment Agency of the .
City of San Bernardino
201 N "E" St. Suite 301
San Bernardino, CA 92401
APN: 0134-251-53 & Por. 0134-251-51 and
Por.0134-311-37
File No. 15.05-273
SPACE ABOVE FOR RECORDER'S USE
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN
BERNARDINO, a municipal corporation, hereby grants to the REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO, a public body, corporate and politic, the real property in the City of San
Bernardino, County of San Bernardino, State of California, described as follows:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF
AND IS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF
. . . .
CITY OF SAN BERNARDINO
Date:
B EXHalEUT COPY
y:
PATRICK 1. MORRIS, Mayor
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTY OF
)
) S.S.
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On
before me,
Notary Public,
personally appeared
who 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 capacity(ies), and that by hislher/their signature(s) on
the instrument the person( s) , or the entity on behalf of which person( s) acted, executed the instrument.
I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
2010-354
EXHIBIT" A"
LEGAL DESCRIPTION
PARCEL A: (CONVENTION CENTER I EXIllBIT HALL)
POR. APN 0134-251-51 & 134-311-37
THAT PORTION OF PARCEL 24 OF PARCEL MAP NO. 688, IN THE CITY OF SAN
BERNARDINO, AS PER MAP RECORDED IN BOOK 25 OF PARCEL MAPS, PAGES 47
THROUGH 58, INCLUSIVE, RECORDS OF SAN BERNARDINO COUNTY, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 22 OF SAID PARCEL MAP
NO. 688;
THENCE SOUTH 89055' 49" EAST ALONG THE SOUTH LINE OF SAID PARCEL 22, A
DISTANCE OF 39.00 FEET;
THENCE LEAVING SAID SOUTH LINE, SOUTH 00004' II" WEST, A DISTANCE OF
14.67 FEET;
THENCE NORTH 890 55' 49" WEST, A DISTANCE OF 28.62 FEET;
THENCE SOUTH OF 000 04' II" WEST, A DISTANCE OF 108.17 FEET;
THENCE SOUTH 890 55' 49" EAST, A DISTANCE OF 0.12 FEET;
THENCE SOUTH 000 04' II" WEST, A DISTANCE OF 27.16 FEET TO THE NORTHEAST
CORNER OF PARCEL 26 OF SAID PARCEL MAP NO. 688;
THENCE NORTH 89055' 49" WEST ALONG THE NORTH LINE OF SAID PARCEL 26, A
DISTANCE OF 162.88 FEET TO A POINT THAT BEARS SOUTH 89055' 49" EAST 43.60
FEET FROM THE NORTHWEST CORNER OF SAID PARCEL 26;
THENCE LEAVING SAID NORTH LINE, NORTH 00004' II" EAST, A DISTANCE OF
15.25 FEET;
THENCE NORTH 450 04' 11 "EAST, A DISTANCE OF 11.55 FEET;
THENCE NORTH 000 04' 11" EAST, A DISTANCE OF 25.17 FEET;
THENCE NORTH 45004' 11" EAST, A DISTANCE OF 1 1.79 FEET;
THENCE NORTH 00004' II" EAST, A DISTANCE OF 70.83 FEET;
THENCE NORTH 450 04' 11" EAST, A DlST ANCE OF 11.55 FEET;
2010-354
THENCE NORTH 000 04' 11" EAST 14.08 FEET TO A POINT IN THE SOUTH LINE OF
PARCEL 21 OF SAID PARCEL MAP NO. 688 THAT BEARS SOUTH 890 55' 49" EAST
68.61 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL 21;
THENCE SOUTH 890 55' 49" EAST ALONG THE SOUTH LINE OF SAID PAREL 21 A
DISTANCE OF 127.71 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR ACCESS, STORAGE AND
MEETING SPACE, AND ALL APPURTENANCES THERETO, LOCATED ADJACENT TO
THE SECOND STORY AREA OF THE ABOVE DESCRIBED CONVENTION
CENTER/EXHIBIT HALL, INCLUDING THE RIGHT TO MAlNT AIN, REPAIR,
CONSTRUCT OR RE-CONSTRUCT ANY APPURTENANT FACILITIES LOCATED
THEREIN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 26 OF SAID PARCEL MAP
NO. 688;
THENCE NORTH 000 04' II" EAST, A DISTANCE OF 27.16 FEET;
THENCE SOUTH 890 55' 49" EAST, A DISTANCE OF 45.25 FEET;
THENCE SOUTH 00004' II" WEST, A DISTANCE OF 62.17 FEET;
THENCE NORTH 890 55' 49" WEST, A DISTANCE OF 15.50 FEET;
THENCE SOUTH 000 04' II" WEST, A DISTANCE OF 9.42 FEET;
THENCE NORTH 890 55' 49" WEST, A DISTANCE OF 14.50 FEET;
THENCE SOUTH 00004' II" WEST, A DISTANCE OF 15.58 FEET TO THE NORTH LINE
OF PARCEL 28 OF SAID PARCEL MAP NO. 688;
THENCE NORTH 890 55' 49" WEST, ALONG SAID NORTH LINE, DISTANCE OF 15.25
FEET;
THENCE LEAVING SAID NORTH LINE, NORTH 000 04' 1 I" EAST, A DISTANCE OF
60.00 FEET TO THE POINT OF BEGINNING.
GRANTOR RESERVES A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS AND
MAINTENANCE AND APPURTENANCES THERETO, ACROSS THE SECOND STORY
ROOF AREA OF THE ABOVE DESCRIBED CONVENTION CENTER / EXHIBIT HALL.
CONTAINS 22,810 SQUARE FEET, MORE OR LESS, EXCLUSIVE OF EASEMENTS.
2010-354
PARCEL B (WEST PLAZA)
APN 0134-251-53
THAT PORTION OF PARCEL 25 OF PARCEL MAP NO. 688, IN THE CITY OF SAN
BERNARDINO AS PER MAP RECORDED IN BOOK 25 OF PARCEL MAPS, PAGE 47
THROUGH 58 INCLUSIVE, RECORDS OF SAN BERNARDINO COUNTY, SATE OF
CALIFORNIA, ALSO BEING A PORTION OF THE WEST PORTION OF PLAZA PARCEL
AS SHOWN ON SAID PARCEL MAP, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 25, SAID POINT ALSO
BEING THE SOUTHWEST CORNER OF PARCEL 21 OF SAID PARCEL MAP NO. 688;
THENCE SOUTH 89055' 49" EAST, ALONG THE NORTH LINE OF SAID PARCEL 25, A
DISTANCE OF 68.61 FEET;
THENCE LEAVING SAID NORTH LINE, SOUTH 000 04' 11" WEST, A DISTANCE OF
14.08 FEET;
THENCE SOUTH 450 04' 11" WEST, A DISTANCE OF 11.55 FEET;
THENCE SOUTH 000 04' 11" WEST TO THE CENTERLINE OF VACATED THIRD
STREET, AS VACATED BY CITY OF SAN BERNARDINO RESOLUTION NO. 10192,
RECORDED ON APRIL 6, 1970 IN BOOK 7418, PAGE 963, OFFICIAL RECORDS OF SAID
COUNTY;
THENCE, WEST, ALONG SAID CENTERLINE, TO THE WEST LINE OF SAID PARCEL
25 AND THE EAST LINE OF "E" STREET, AS DELINEATED ON SAlD PARCEL MAP;
THENCE NORTH, LEA VING SAID CENTERLINE, ALONG SAID WEST LINE OF
PARCEL 25 AND SAID EAST LINE OF "E" STREET, A DISTANCE OF 89.02 FEET,
MORE OR LESS, TO THE POINT OF BEGINNING.
GRANTOR RESERVES A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS AND
MAINTENANCE AND APPURTENANCES THERETO ACROSS AND ABOVE THE
PROPERTY HERIN DESCRIBED, INCLUDING PEDESTRIAN W ALKW A Y /BRIDGE AND
STAIRS.
CONTAINS 5,519.14 SQUARE FEET, MORE OR LESS.
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2010-354
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Pore PARCEL MAP NO. 688
P.M. 25 /47-58
Par. 21 POI'. Par. 22
, 0 Court Street " Parking
.-
" C\J Square 1\ Lot
(CUI'r8nt Owner: ADA) (CUrrent Owner: ADA)
(See Sheet 2 for Lot Details
and Dimensions)
r paR ^~)(~)( )()()(:x :X'V)(' Y)( x X x) )( xx x_
. ~'X)()( XXXY)()(X)()<:X v v...
~ WEST )(')( )(')(')(')(')(' x XXV)(~~ POR. EAST
)(' )('YX)()(XXX)()('X.x PLAZA
>< PlAZA ~x~x: x (Cumlnt OWner:~)
><,><(CurrentONner: )<'X.~;<0x)( xXxx0x Por. Par. 2S
, X.. City) ~~'X')' CONVENTION ~x
'dge ~xx )()() :Xxx
XX Y"x,,-x..y ~ CENTER XX0x )
><..~or)l~'JS.f ';X>00((FormerIY known as ~ XX City Hall
>< )('><x'X.-2 Exhibit Hall) ><x<< (Current Owner: CIty)
~.'X. 'X )( ') . >< >< ><
'X )()( (Current ONner : City) X X X
POR. WEST IX x'Xx 'X'XXx~)(V x Por. Par. 24
PLAZA iXXX x~or. Par. 24~ x xxx
......_'~ x )( )( )()( X)( .",." " " x x
X X )( X X. X X x )(' )(' )( )( X !//f~
Por.Par. 2S >< 'X. X X X x X X )( )(' )( )( X )()<
x')( xxxxx')(')()()<)<'X'X. /~ n5 ~ ~
)(x'X xxx )()(')(')<'X)(X
XX)()()(x)('xxXXxxxxx /~ ~ Iii /i ;/ POR. EAST
...II-C PLAZA
y~ ffi ~ ~ V
/! :e l~v (Cunen! Owner:
Hotel t~ Por. Par. 2$
(CUmlnt OWner : PrivD)
POI'. Par. 26
~
EXHIBIT "8" Parking Structure
own as: (~~'ADA)
'01'. mo. IJ
Rl1f.)
P<xJ
Easement area shown as: t/ / ~ PROPOSED SALE OF THE CONVENTION CENTER &
CITY OF SAN BERNARDINO POR. OF WEST PLAZA AND GRANTING OF CERTAIN
PUBUC WORKS DEPARTMENT EASEMENTS TO THE REDEVLOPMENT AGENCY
REAL PROPERTY SECTION CMAl1UY: Dot.tE:
SHEET 1 OF 2 File No. 15.05-273
CHECICED BY:
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2010-354
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Pore PARCEL MAP NO. 688
P.M. 25 /47-58 I
POBl'tlrcIl"B" (21) POBP~"A" I
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PARCEL "'8- (Por. APN 0134-251-61)
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NOTE: ALL BEARINGS AND DISTANCES ARE
BASED ON THE MAP OF PARCEL IMP NO. 818.
BOOK 25. PAGES 47-51 OF PARCEL MAPS.
SAN BERNARDlO COUNTY. STATE OF
CAUFORNIA
CITY OF SAN BERNARDINO
PUBUC WORKS DEPARTMENT
REAL PROPERTY SECTION PROPOSED SALE OF THE CONVENTION CENTER &
POR. OF WEST PLAZA AND GRANTING OF CERTAIN
SHEET2OF2 FDeNo.15.05-273 EASEMENTS TO THE REDEVLOPMENT AGENr.y
2010-354
LOCATION OF CITY PROPERTY TO
BE SOLD TO THE
REDEVELOPMENT AGENCY
No Scole
Base Line
St.
5th St.
VICINITY MAP
CITY OF SAN BERNARDINO
PUBUC WORKS DEPARTMENT
REAL PROPERTY SECTION
PROPOSED SALE OF THE CONVENTION
CENTER & POR. OF WEST PLAZA AND
GRANTING OF CERTAIN EASEMENTS TO THE
REDEVLOPMENT AGENCY
Created by: !-Q!:}zlo F oqa~ Date: OB-06.201O
~ indicates un-incorporateol
~ areas within City's Sphere of'
Inf'luence
CRev.f"eb. 2010)