HomeMy WebLinkAboutCDC/2010-24
(NOTE: COMPANION RESOLUTION 2010-103)
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RESOLUTION NO. CDC/2010-24
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING THE PURCHASE OF
CITY PROPERTY GENERALL Y LOCATED ON THE NORTH SIDE OF
THIRD STREET, WEST OF WATERMAN AVENUE BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") AND DIRECTING AND AUTHORIZING THE INTERIM
EXECUTIVE DIRECTOR OF THE AGENCY TO EXECUTE A SALES AND
PURCHASE AGREEMENT AND A GRANT DEED FOR THE PURCHASE
OF SAID PROPERTY (CENTRAL CITY EAST REDEVELOPMENT
PROJECT AREA)
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WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a
10 community redevelopment agency duly created, established and authorized to transact business and
11 exercise its powers, all under and pursuant to the California Community Redevelopment Law
12 ("CRL"), codified under Division 24, Part I of the California Health and Safety Code commencing
13 at Section 33000 and is authorized to construct improvements located within the approved
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redevelopment project areas in the City of San Bernardino ("City") in accordance with the CRL; and
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WHEREAS, the Project Area displays substantial and pervasive symptoms of blight and
cannot be remedied by private parties acting alone without community redevelopment assistance;
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18 and
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WHEREAS, the City, a municipal corporation, is the owner of the hereinafter described
parcels of real property, generally located on the north side of Third Street, west of Waterman
Avenue, in the City of San Bernardino, State of California, known as Assessor's Parcel Nos.
("APN") 0135-191-13 and 0135-191-14 and more fully described in Exhibit "A" attached hereto
and made a part hereof; and
WHEREAS, the Agency desires to acquire these parcels of land for future development; and
WHEREAS, the Community Development Commission of the City of San Bernardino
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("Commission") believe it is in the best interest of the City that said portion of real property be
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sold to the Agency for future development; and
P:\Agendas\Resoltuions\Resolutions\2010\05-03-10 Purchase of properties on 3rd and Waterman CDC Reso
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CDC/2010-24
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WHEREAS, the parcel known as APN: 0135-191-13 is encumbered by a lease to the State
of California National Guard for $1 per year which expires on April 30, 2062, and parcel known as
APN: 0135-191-14 is encumbered by a lease to the United States of America Army Reserve for $1
per year which expires May 14, 2052; and
WHEREAS, due to the encumbrance of said leases on said parcels herein described, City
and Agency staff have determined the parcels to have nominal fair market value; and
WHEREAS, the City and the Agency have negotiated a sales price of five hundred thousand
dollars ($500,000) for both parcels herein described; and
WHEREAS, pursuant to Section 2.65.050 of the San Bernardino Municipal Code, the City
owned property may be sold to another public agency without the need for competitive bid.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
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CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
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FOLLOWS:
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Section 1.
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correct.
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Section 2.
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The information set forth in the above recitals of this Resolution is true and
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The purchase of that certain property generally located on the north side of Third
Street, west of Waterman Avenue, more fully described in the Sales and Purchase Agreement
("Agreement") attached hereto as Exhibit "B", by the Agency in the amount of Five Hundred
Thousand Dollars ($500,000) is hereby approved.
Section 3. The Interim Executive Director of the Agency is hereby directed and authorized
by the Commission to execute on behalf of said Agency, the Agreement, a copy of which attached
hereto as said Exhibit "B", and approve a form of a Grant Deed in similar transactions for the
purchase of said City property as described herein.
Section 4. Said Agreement shall be null and void if either party fails to execute the
Agreement within sixty (60) days of the date of adoption of this Resolution.
Section 5. This Resolution shall take effect from and after its date of adoption by this
Commission.
P:\Agendas\Resoltuions\Resolutions\201O\05-03-10 Purchase of properties on 3rd and Waterman CDC Reso
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CDC/2010-24
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING THE PURCHASE OF
CITY PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF
THIRD STREET, WEST OF WATERMAN AVENUE BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") AND DIRECTING AND AUTHORIZING THE INTERIM
EXECUTIVE DIRECTOR OF THE AGENCY TO EXECUTE A SALES AND
PURCHASE AGREEMENT AND A GRANT DEED FOR THE PURCHASE
OF SAID PROPERTY (CENTRAL CITY EAST REDEVELOPMENT
PROJECT AREA).
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
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Development Commission of the City of San Bernardino at a joint regular
meeting
9 thereof, held on the 3rd day of May , 2010, by the following vote to wit:
10 Commission Members: Ayes Nays Abstain Absent
11 MARQUEZ x
12 DESJARDINS x
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13 BRINKER x
14 SHORETT x
15 KELLEY x
16 JOHNSON x
17 MC CAMMACK x
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The foregoing Resolution is hereby approved this ~ 71f _day of May
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7,- j~
SecretarY
,2010.
25 Approved as to Form:
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27 By:
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(" ~1f.~.1 J
" ~'~ ,: ~/L--~
Agency COU1)lsel
,)
P:\Agendas\Resoltuions\Resolutions\201O\OS-03-10 Purchase of properties on 3rd and Waterman CDC Reso
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CDC/2010-24
EXHIBIT" A"
LEGAL DESCRIPTION
PARCEL ONE:
(APN: 0135-191-13)
PARCEL 7 OF PARCEL MAP NO. 7140, AS PER PLAT RECORDED IN BOOK 69
OF PARCEL MAPS, PAGES 1 AND 2, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA.
PARCEL TWO:
(APN: 0135-191-14)
PARCEL 8 OF PARCEL MAP NO. 7140~ AS PER PLAT RECORDED IN BOOK 69
OF PARCEL MAPS, PAGES 1 AND 2, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA, SUBJECT TO
THE RESERVATION OF AN EASEMENT FOR STREET AND HIGHWAY
PURPOSES AS DESCRIBED IN RESOLUTION NO. 91-2 OF THE CITY OF SAN
BERNARDINO, RECORDED JANUARY 15, 1991 AS DOCUMENT NO. 91-016345,
OFFICIAL RECORDS OF SAID COUNTY.
CDC/2010-24
EXHIBIT "B"
CDC/2010-24
SALE AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this 3rd day of May, 2010, by and between the CITY OF SAN
BERNARDINO, a municipal corporation ("SELLER") and the "REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO, a public body, corporate and politic",
("BUYER") mutually agree as follows:
1. SELLER, upon payment from BUYER in the amount of FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00), shall deliver unto BUYER an executed Grant Deed for that
certain real property generally located on the north side of Third Street, west of Waterman
Avenue, in the City of San Bernardino, ("PROPERTY") being Assessor's Parcel Numbers
(APN) 0135-191-13 and 14, more fully described in Exhibit "A" attached hereto and made a
part hereof and depicted on a plat attached hereto as Exhibit "B", and made a part hereof.
2. BUYER shall deliver unto SELLER, funds in the amount of FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) as payment in full for the purchase of said PROPERTY.
3. SELLER is selling said PROPERTY to BUYER and BUYER accepts from SELLER said
PROPERTY in an "as-is" condition, including the existence of any liens, encumbrances, and
easements on said PROPERTY including the leases set forth hereinafter.
4. BUYER hereby acknowledges and accepts that portion of the PROPERTY known as APN:
0135-191-13 subject to an existing lease to the State of California, as set forth in the Lease
Agreement between SELLER and said lessee, dated May 1, 1962, and any and all
amendments thereto. BUYER further acknowledges receipt of all documents pertaining to
said lease from the SELLER and SELLER hereby assigns, and BUYER hereby accepts all
SELLER's rights, interest and obligations as Lessor as set forth in said Lease Agreement.
5. BUYER hereby acknowledges and accepts that portion of the PROPERTY known as APN:
0135-191-14 subject to an existing lease to the United Stated of America, as set forth in the
Lease Agreement between the SELLER and said lessee dated May 9, 1952, and any and all
amendments thereto. BUYER further acknowledges receipt of all documents pertaining to
said lease from the SELLER and SELLER hereby assigns, and BUYER hereby accepts all
SELLER's rights, interest and obligations as Lessor as set forth in said Lease Agreement.
6. BUYER and SELLER mutually agree to indemnify, defend and hold harmless the other party
of this Agreement, its directors, officers, agents and employees from any and all damages or
claims for damages of any nature arising out of this Agreement and the actions to be
conducted by the BUYER pursuant to this Agreement.
7. BUYER shall pay all recording fees and title fees, including but not limited to title insurance.
8. No obligation other than those set forth herein will be recognized.
CDC/2010-24
SALES AND PURCHASE AGREEMENT - CITY PROPERTY GENERALLY LOCATED ON THE NORTH
SIDE THIRD STREET, WEST OF WATERMAN A VENUE.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set
forth above.
BUYER:
SELLER:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
BY:
EMIL MARZULLO,
Interim Executive Director
BY:
PATRICK J. MORRIS, Mayor
Approved as to Form:
ATTEST:
By:
JAMES F. PENMAN, City Attorney
RACHEL CLARK, City Clerk
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CDC/2010-24
EXHmIT "A"
LEGAL DESCRIPTION
PARCEL ONE:
(APN: 0135-191-13)
PARCEL 7 OF PARCEL MAP NO. 7140, AS PER PLAT RECORDED IN BOOK 69
OF PARCEL MAPS, PAGES 1 AND 2,11\1 THE OFFICE OF THE COUNTY
RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA.
PARCEL TWO:
(APN: 0135-191-14)
PARCEL 8 OF PARCEL MAP NO. 7140~ AS PER PLAT RECORDED IN BOOK 69
OF PARCEL MAPS, PAGES 1 AND 2, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA, SUBJECT TO
THE RESERVATION OF AN EASEMENT FOR STREET AND HIGHWAY
PURPOSES AS DESCRIBED IN RESOLUTION NO. 91-2 OF THE CITY OF SAN
BERNARDINO, RECORDED JANUARY 15, 1991 AS DOCUMENT NO. 91-016345,
OFFICIAL RECORDS OF SAID COUNTY.
CDC/2010-24
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