HomeMy WebLinkAboutCDC/2010-54
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(NOTE: COMPANION RESOLUTION 2010-354)
RESOLUTION NO. CDC/2010-54
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 SALE
AND PURCHASE AGREEMENT FOR THE PURCHASE OF THE CITY
OWNED PROPERTY KNOWN AS THE CONVENTION CENTER 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)
9 WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and
10 a charter City duly created and existing pursuant to the Constitution and the laws of the State of
11 California; and
12 WHEREAS, the Community Development Commission of the City of San Bernardino (the
13 "Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the
14 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of California,
15 organized and existing pursuant to the Community Redevelopment Law (Part I of Division 24
16 commencing with Section 33000) ofthe Health and Safety Code of the State of California (the "Act");
17 and
18 WHEREAS, pursuant to Section 33445.1 of the Act, the Agency may, with the consent of the
19 Mayor and Common Council of the City of San Bernardino (the "Council"), pay all or a part of the cost
20 of installation and construction of any building, facility, structure or other improvement which is
21 publicly owned and is located outside and not contiguous to a redevelopment project area, but is located
22 within the community, with monies allocated to such redevelopment project area if the Council
23 determines: (1) that the installation or construction of such buildings, facilities, structures or other
24 improvements are of primary benefit to the redevelopment project area; (2) that the installation or
25 construction of the buildings, facilities, structures, or other improvements benefits the project area by
26 aiding in the elimination of blight within the redevelopment project area; (3) that no other reasonable
27 means of financing the installation or construction of such buildings, facilities, structures or other
28 improvements are available to the community; (4) that the payment of funds for the cost of the
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CDCj2010-54
1 buildings, facilities, structures or other improvements is consistent with the implementation plan
2 adopted pursuant to Health and Safety Code Section 33490; and (5) that the installation of each
3 building, facility, structure, or improvement is provided for in the redevelopment plan; and
4 WHEREAS, the Council and the Commission have previously approved and adopted the
5 Redevelopment Plan for the Central City Redevelopment Project Area ("Central City"); and
6 WHEREAS, it is in the interest ofthe present landowners within Central City and the residents,
7 both within Central City and within the City generally, that the Agency acquire the Convention Center
8 property and return it to an economic benefit to the City pursuant to the Sale and Purchase Agreement
9 (the "Agreement") attached hereto as Exhibit "1"; and
10 WHEREAS, the Convention Center, when returned to operation will have a positive economic
11 and social impact on various City, retail, business, educational and commercial functions, which service
12 the residents, workers and business owners within all of the City's Redevelopment Project Areas and in
13 particular the State College Redevelopment Project Area (the State College Redevelopment Project
14 Area is herein referred to as the "Benefited Project Area"); and
15 WHEREAS, the Convention Center serves social, commercial, retail, and other community
16 needs of the Benefited Project Area and provide functions that cannot be provided separately within the
17 Benefited Project Area; and
18 WHEREAS, Central City is suffering from stagnant property values and impaired investments,
19 the property owners within Central City do not have the ability to bear the cost of any additional special
20 assessments, taxes, or other charges, and in order to promote the City's health, safety and welfare, it is
21 important that the Agency fund the costs of the Project; and
22 WHEREAS, in connection with the funding of the Project, it is proposed that the Agency shall
23 utilize revenues attributable to the Benefited Project Area in an amount equal to $2,447,000; and
24 WHEREAS, it is appropriate at this time for the Council, by separate action, to approve and
25 authorize the City Manager to execute said Sale and Purchase Agreement, attached as Exhibit Copy for
26 the Project, and for both the Council and the Commission to make certain findings and determinations
27 and take certain actions with respect to the Agency's funding of the Project.
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CDC/2010-54
1 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
2 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
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Section 1.
The Recitals hereinabove are true and correct and are incorporated herein by this
5 reference.
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Section 2.
The Commission hereby authorizes payment by the Agency of the cost required
7 by the Sale and Purchase Agreement for the acquisition of the Convention Center by the Agency in
8 order to ensure the economic enhancements and stability of the Benefited Project Area and other
9 neighborhoods with the City for the reasons set forth in the Recitals hereinabove. The Commission also
10 finds and determines that: (1) the Project and its projected buildings, facilities, structures, or other
11 improvements are of primary benefit to the Benefited Project Area; (2) the Project and the installation or
12 construction of the projected buildings, facilities, structures, or other improvements benefits the
13 Benefited Project Area by aiding in the elimination of blight within the Benefited Project Area; (3) no
14 other reasonable means of financing the Project or the installation or construction of the projected
15 buildings, facilities, structures or other improvements are available to the community; (4) the payment
16 of funds for the cost of the Project, buildings, facilities, structures or other improvements is consistent
17 with the implementation plan adopted pursuant to Health and Safety Code Section 33490; and (5) the
18 Project and the installation and construction of such projected buildings, facilities, structures, or
19 improvements pursuant to the Project are provided for in the redevelopment plan.
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Section 3.
The purchase ofthat certain property generally known as the Convention Center
21 located west of City Hall, east of"E" Street and South of Court Street, more fully described in the Sales
22 and Purchase Agreement ("Agreement") attached hereto as Exhibit "1", to the Agency in the Amount of
23 $2,447,000.00.
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Section 4.
The Interim Executive Director ofthe Agency is hereby directed and authorized
25 by the Commission to execute on behalf of said Agency, the Agreement, a copy of which is attached
26 hereto as said Exhibit" 1 ", and approve a form of a Grant Deed in similar transactions for the purchase
27 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
2 Agreement within ninety (90) days after the date of adoption of this Resolution.
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Section 6.
This Resolution shall take effect from and after its date of adoption by this
4 Commission.
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cnC/20l0-54
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 SALE
AND PURCHASE AGREEMENT FOR THE PURCHASE OF THE CITY
OWNED PROPERTY KNOWN AS THE CONVENTION CENTER MAKING
CERT AIN 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)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
meeting
8 Development Commission of the City of San Bernardino at a j oint regular
, 2010, by the following vote to wit:
9 thereof, held on the 18th day of October
10 Commission Members: Ayes Nays Abstain Absent
11 MARQUEZ X
12 DESJARDINS --L
13 BRINKER x
14 SHORETT x
15 KELLEY x
-
16 JOHNSON x
MC CAMMACK x
17 ~~
18
Secretary
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'f;~
20 The foregoing Resolution is hereby approved this Old day of October
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,2010.
25 Approved as to Form:
26 ~
27 By: ~
Agency C nsel
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CDC/2010-54
EXHIBIT "1"
CDC/2010-54
SALE AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this 18th day of October, 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 TWO MILLION FOUR HUNDRED
FORTY-SEVEN THOUSAND DOLLARS ($2,447,000), shall deliver unto BUYER an
executed Grant Deed for that certain real property known as the Convention Center,
appurtenant parcel to the west and appurtenant easements, generally located west of and
adjacent to City Hall, east of "E" Street and south of Court Street, in the City of San
Bernardino, (collectively "PROPERTY") being Assessor's Parcel Number (APN) 0134-251-53
and portions of APN 0134-251-51 and APN 0134-311-37, 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. In exchange for the Grant Deed as set forth on Exhibit "A", BUYER shall deliver unto
SELLER, funds in the amount of TWO MILLION FOUR HUNDRED FORTY-SEVEN
THOUSAND DOLLARS ($2,447,000.00) 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.
4. 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.
5. BUYER shall pay all recording fees and title fees, including but not limited to title insurance.
6. SELLER shall also grant to BUYER, certain non-exclusive easements for access, storage and
meeting room and appurtenances thereto, as more specifically set forth in said Exhibit "A"
7. SELLER shall also reserve easements for access and maintenance across said PROPERTY, as
more specifically set forth in said Exhibit "A".
8. No obligation other than those set forth herein shall be recognized.
/II
/II
EXHIBIT "1"
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CDC/2010-54
SALE AND PURCHASE AGREEMENT - SALE OF CONVENTION CENTER AND
APPURTENANT PARCEL TO THE WEST AND APPURTENANT EASEMENTS,
GENERALL Y LOCATED WEST OF AND ADJACENT TO CITY HALL, EAST OF "E"
STREET AND SOUTH OF COURT STREET.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set forth
above.
BUYER:
Redevelopment Agency
of the City of San Bernardino
a public body, corporate and politic
SELLER:
City of San Bernardino
a municipal corporation
Emil A. Marzullo, Interim Executive Director
By:
Approved as to Form and Legal Content:
Attest:
Agency Counsel
Rachel G. Clark, City Clerk
Approved as to Form:
James F. Penman, City Attorney
EXHIBIT "1"
P:\Agendas\Agenda Attachments\Exhibits\201 0\ 1 0-18-1 0 Convention Center - City Sale and Purchase Agreement (Exhibit 1 ).docx
CDC/2010-54
REQUESTEQ 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 V ALU ABLE 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:
By:
PATRICK 1. MORRIS, Mayor
ACKNOWLEDGEMENT OF GRANTOR(S):
COUNTY OF
)
) S.S.
)
STATE OF CALIFORNIA
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
CDC/2010-54
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A: (CONVENTION CENTER I EXHIBIT 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 890 55' 49" EAST ALONG THE SOUTH LINE OF SAID PARCEL 22, A
DISTANCE OF 39.00 FEET;
THENCE LEAVING SAID SOUTH LINE, SOUTH 000 04' II" WEST, A DISTANCE OF
14.67 FEET;
THENCE NORTH 890 55' 49" WEST, A DISTANCE OF 28.62 FEET;
THENCE SOUTH OF 00004' 11" WEST, A DISTANCE OF I 08.17 FEET;
THENCE SOUTH 89055' 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 000 04' 11" EAST, A DISTANCE OF
15.25 FEET;
THENCE NORTH 45004' 1 I"EAST, A DISTANCE OF 1 1.55 FEET;
THENCE NORTH 00004' 1 I" EAST, A DISTANCE OF 25.17 FEET;
THENCE NORTH 45004' 1 I" EAST, A DISTANCE OF 11.79 FEET;
THENCE NORTH 000 04' 1 I" EAST, A DISTANCE OF 70.83 FEET;
THENCE NORTH 450 04' II" EAST, A DISTANCE OF 11.55 FEET;
CDC/2010-54
THENCE NORTH 000 04' II" 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 MAINTAIN, REPAIR,
CONSTRUCT OR RE-CONSTRUCT ANY APPURTENANT FACILITIES LOCA TED
THEREIN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 26 OF SAID PARCEL MAP
NO. 688;
THENCE NORTH 000 04' 11" EAST, A DISTANCE OF 27.16 FEET;
THENCE SOUTH 89055' 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 00004' I I" WEST, A DISTANCE OF 9.42 FEET;
THENCE NORTH 89055' 49" WEST, A DISTANCE OF 14.50 FEET;
THENCE SOUTH 00004' I I" WEST, A DISTANCE OF 15.58 FEET TO THE NORTH LINE
OF PARCEL 28 OF SAID PARCEL MAP NO. 688;
THENCE NORTH 89055' 49" WEST, ALONG SAID NORTH LINE, DISTANCE OF 15.25
FEET;
THENCE LEAVING SAID NORTH LINE, NORTH 000 04' I 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.
CDC/2010-54
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 890 55' 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' II" WEST, A DISTANCE OF 11.55 FEET;
THENCE SOUTH 000 04' II" 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 SAID PARCEL MAP;
THENCE NORTH, LEAVING 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 WALKWAYIBRIDGE AND
STAIRS.
CONTAINS 5,519.14 SQUARE FEET, MORE OR LESS.
LEGEND:
Parcels to be sold sh P<><i
Easement area shown as: t / / ~
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
REAL PROPERTY SECTION
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Pore PARCEL MAP NO. 688
P.M. 2S /47-58
Par. 21 POI'. Par. 22
" 0 Court Street " Parking
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(CuINllt Owner: ADA) (CUmInt Owner: ADA)
(See Sheet 2 tol' Lot Detlllls
and DlmenslonsJ
X' peR "~>< >< >< >QQ< )( )( )( )( x x x )( X xx X.
>>< . )('><..x~'><.x )( ~ )( )( x x x x x ~ v v...
POR.EAST
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x. ,x )( )()( x x x xxxxxxx~ PLAZA
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><><(currentOtJner:~ ~~~ Jl<xX,<x~~ POI'. PtII'. 25
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X X X X X 7\ rv~ CONVENTION ~
>0X)<...X;< x x~ CENTER ~
Pi 1'. 2s''< X X X ~
p(Xx" ~\i.)( )(x~){Formerly known as xXxxx City Hall
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POR. WEST '>< )( )(~~ Por. Par. 24
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ICulTOf1I OWner: RJJ.I.) )( X ~ Zx X X X ~ //~~
POI'. Par. 25~ )( x ><.)<.)<.)< x )( )( )(
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(Cwrent Owner:~) ~~
POI'. Par. 26
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EXHIBIT "B" Parking Structure
own as: (~~.~
'01'. 'fJT. 'N
PROPOSED SALE OF THE CONVENTION CENTER &
POR. OF WEST PLAZA AND GRANTING OF CERTAIN
EASEMENTS TO THE REDEVLOPMENT AGENCY
CMATI!D IV:
DATE:
SHEET 1 OF 2 RIe No. 15.05-273
ClEClCED IV:
DATE:
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NOTE: ALL BEARINGS AND DISTANCES ARE
BASED ON THE MAP OF PARCEL MAP NO._.
BOOK 25, PAGES 47~ OF PARCEL MAPS.
SAN BERNARDlO COUNTY. STATE OF
CALIFORNIA
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
REAL PROPERTY SECTION PROPOSED SALE OF THE CONVENTION CENTER &
POR. OF WEST PLAZA AND GRANTING OF CERTAIN
SHEET2OF2 FIe No. 15.05-273 EASEMENTS TO THE REDEVLOPMENT AGENCY
CDC/2010-54
LOCA TION OF CITY PROPERTY TO
BE SOLD TO THE
REDEVELOPMENT AGENCY
No SCQle
Bose Line
St.
5th St.
VICINITY MAP
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
REAL PROPERTY SECTION
PROPOSED SALE OF THE CONVENTION
CENTER & POR. OF WEST PLAZA AND
GRANTING OF CERTAIN EASEMENTS TO THE
REDEVLOPMENT AGENCY
m indicates un-incorporated
~ areas within City's Sphere of'
Influence
(Rev.Feb. 20]0)
Created by: L-a!>zlo F oqa
Date: OB-<J6.201O
(Compamon KesolutlOn 2U 1 U-3)4)
CDC/2010-54
SALE AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this 18th day of October, 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 TWO MILLION FOUR HUNDRED
FORTY-SEVEN THOUSAND DOLLARS ($2,447,000), shall deliver unto BUYER an
executed Grant Deed for that certain real property known as the Convention Center,
appurtenant parcel to the west and appurtenant easements, generally located west of and
adjacent to City Hall, east of "E" Street and south of Court Street, in the City of San
Bernardino, ( collectively "PROPERTY") being Assessor's Parcel Number (APN) 0134-251-53
and portions of APN 0134-251-51 and APN 0134-311-37, 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. In exchange for the Grant Deed as set forth on Exhibit "A", BUYER shall deliver unto
SELLER, funds in the amount of TWO MILLION FOUR HUNDRED FORTY-SEVEN
THOUSAND DOLLARS ($2,447,000.00) 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.
4. 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.
5. BUYER shall pay all recording fees and title fees, including but not limited to title insurance.
6. SELLER shall also grant to BUYER, certain non-exclusive easements for access, storage and
meeting room and appurtenances thereto, as more specifically set forth in said Exhibit "A"
7. SELLER shall also reserve easements for access and maintenance across said PROPERTY, as
more specifically set forth in said Exhibit "A".
8. No obligation other than those set forth herein shall be recognized.
//1
//1
P:\Agendas\Agenrla Attachments\Agenda Attachments\Agrmts-Amend 2010\10-18-10 Convention Center - City Sale and Purchase Agreement.docx
l Compamon KesolutlOn LU 1 U-j)4)
CDC/2010-54
SALE AND PURCHASE AGREEMENT - SALE OF CONVENTION CENTER AND
APPURTENANT PARCEL TO THE WEST AND APPURTENANT EASEMENTS,
GENERALL Y LOCATED WEST OF AND ADJACENT TO CITY HALL, EAST OF "E"
STREET AND SOUTH OF COURT STREET.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set forth
above.
BUYER:
Redevelopment Agency
of the City of San Bernardino
a public body, corporate and politic
SELLER:
City of San Bernardino
a municipal city
Date:
j6JJkr (;/f; ~IIJ
Z~
By:
B
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
Attest:
By: Flj(ja..(~~ m0...4<-t!--/
Agency Counsel
By:Q,,~ /J. ~
R~el G. Clark, City Clerk
P:\Agendas\Agenda Attachments\Agenda Attachrnents\Agrmts-Amend 2010\ 10-18-10 Convention Center - City Sale and Purchase Agreement.docx
(Compamon KesolutlOn 2U 1O-j)4)
CDC/2010-54
REQUESTED BY AND
WHEN RECORDED MAIL TO:
Redevelopment Agency of the .
City of San Bernardino
201 N "E" S1. 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:
By:
PATRICK J. MORRIS, Mayor
ACKNOWLEDGEMENT OF GRANTOR(S):
COUNTY OF
)
) S.S.
)
STATE OF CALIFORNIA
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 Cali fomi a that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SIgnature
(Compamon KcsolutlOn LU lU-.D4)
CDC/2010-54
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A: (CONVENTION CENTER / 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 000 04' II" WEST, A DISTANCE OF
14.67 FEET;
THENCE NORTH 890 55' 49" WEST, A DISTANCE OF 28.62 FEET;
THENCE SOUTH OF 00004' 11" WEST, A DISTANCE OF 1 08.17 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 890 55' 49" EAST 43.60
FEET FROM THE NORTHWEST CORNER OF SAID PARCEL 26;
THENCE LEAVING SAID NORTH LINE, NORTH 000 04' II" EAST, A DISTANCE OF
15.25 FEET;
THENCE NORTH 450 04' 11"EAST, A DISTANCE OF 11.55 FEET;
THENCE NORTH 00004' II" EAST, A DISTANCE OF 25.17 FEET;
THENCE NORTH 450 04' II" EAST, A DISTANCE OF 11.79 FEET;
THENCE NORTH 000 04' II" EAST, A DISTANCE OF 70.83 FEET;
THENCE NORTH 45004' 11" EAST, A DlST ANCE OF 11.55 FEET;
(Compamon KesolutlOn 2U 1 U-j)4)
CDC/2010-54
THENCE NORTH 000 04' II" 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
CENTERlEXHIBIT HALL, INCLUDING THE RIGHT TO MAINTAIN, REP AIR,
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' 1]" EAST, A DISTANCE OF 27.16 FEET;
THENCE SOUTH 89055' 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 00004' ] I" WEST, A DISTANCE OF 9.42 FEET;
THENCE NORTH 89055' 49" WEST, A DISTANCE OF ]4.50 FEET;
THENCE SOUTH 000 04' II" WEST, A DISTANCE OF 15.58 FEET TO THE NORTH LINE
OF PARCEL 28 OF SAID PARCEL MAP NO. 688;
THENCE NORTH 89055' 49" WEST, ALONG SAID NORTH LINE, DISTANCE OF 15.25
FEET;
THENCE LEAVING SAID NORTH LINE, NORTH 000 04' II" 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.
(Compamon KesolutlOn 1U1O-j)4)
CDC/2010-54
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 890 55' 49" EAST, ALONG THE NORTH LINE OF SAID PARCEL 25, A
DISTANCE OF 68.61 FEET;
THENCE LEAVING SAID NORTH LINE, SOUTH 000 04' II" WEST, A DISTANCE OF
14.08 FEET;
THENCE SOUTH 45004' II" 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 SAID PARCEL MAP;
THENCE NORTH, LEAVING 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 WALKWAYIBRIDGE AND
STAIRS.
CONTAINS 5,519.14 SQUARE FEET, MORE OR LESS.
(Compamon KesolutlOn 1U 1 U-,))4)
cnC/201D-54
,-
~
~
rJ)
'-- 68.75'
= h..ay / Ped. Bridge
~
-
-
~
U
r~
J - CIL - COURT - STREET - - -
If')
C\.J
tri
.;t
~
Pore PARCEL MAP NO. 688
P.M.25 /47-58
r/ PORe ~)(.)(~'X.x~~~'><? x.,.,x.,.,~
>C WEST ~)(.)()( 'XxYx "'y~'X';<)('Xx'X'X
>f' '>CXXXX ~V Xy~~~').
.,(< PLAZA / ?-'~XXXX ~V X ~'X~~'X'X'X
0(CurrentONner: l<xXx'Xx XXX~~ 'X..)<./X'X~~X'XX
v< City) . V)('W' CONVENTIO'N V-x'X.x
~x .,)< X X '> 'X y y
V'><.)<.O(< ~ CENTER ~~
~ ~(Formerly known as x.)<~'><.
~ Exhibit Hall) XxX2<2
~ f )(>l ') (Current ONner : City) 'X.x'X.x'><x"';.
POR. WEST iX><-X 'X~~Xxxx~
PLAZA ,xxxx 'X)('X..))(<xpor. Par. 24~
(Cumin! OW...r ; RD"') 'X: 'X: Y'XX XXX 'X >)( -)( '><'XXXXXX 'X
5~X X >< 'X 'X X X 'X X
Por. Par. 2$ XXXXX"'X"'X)( N-x)( '>(.)<'))<)<)<<><~
XXXXX)()('X Y~XX)('X
ax.XXXXX x'X YYXXX'XX
Par. 21
\:
\
Court Street
Square
(Current Owner: ADA)
o
.-
C\.J
(See Sheet 2 for Lot Details
and Dimensions)
Hotel
(CuI'l'8l'lt Owner : PrivD)
Por. Par. 26
LEGEND:
Parcels to be sold shown as:~
Easement area shown as: r / / ~
CITY OF SAN BERNARDINO
PUBUC WORKS DEPARTMENT
REAL PROPERTY SECTION
EXHIBIT "B"
Por. Par. 22
, Parking
\. Lot
(Cumll1t Owner: ADA)
POR. EAST
PLAZA
(Cumin! OWner : RDA)
Por. Par. 2J
City Hall
(Current Otmer : CIty)
Por. Par. 24
//t//
/~~~#
:J '< cD /-u
· ...;-11- i / Jr, '
/Pil1o~
/~ G5 Ci4-'
/~ ~!!L:
/L4-
/.J
POR. EAST
PLAZA
(Cunen! OWner ; RDA
Por. Par. 25
Parking Structure
(CurrentOwnet'RDA)
POI'. Par. 2N
PROPOSED SALE OF THE CONVENTION CENTER &
POR. OF WEST PLAZA AND GRANTING OF CERTAIN
EASEMENTS TO THE REDEVLOPMENT AGENCY
CR!AT!D BY:
SHEET 1 OF 2 File No. 15.05-273
CHECKED BY:
MTE:
MTE:
(Compamon KesolutlOn 1U 1 U-3)4)
CDC/2010-54
Pore PARCEL MAP NO. 688
P.M. 25/47-58
(POI'. APN 0134-251-51)
....
PARCEL -A- i
w -
.
- ~
- .
!; -
-
8 ~
8
z CI)
(24)
-
POB PIl1"t>>l "B"
(21)
S.. &5'.... E eaJ1'
S.. &5'.... E 127.71'
@)
tl
i!
8
z
PARCEL ,-
! I (APN 0134-251-53)
m (25)
68.75'
N" &5' 49" W 162.88'
~
h
J.::l1
8
z
I
I
I (25)
I
~~.~@
I
I
(POI'. 0134-311-37)
INE A.' A. ~
~
. . . 1
. .~ ,,--
-
. . .
- . . .
=L7 . . . ~
. . .
- . . .
D . . .
. . . ~
.
L13 .
L14 . . .
US iifin'
US ~ . . :H=
l17 . ;oj
POB PII1"t>>l "A"
(22)
@J
@
@
(25)
(24)
(26)
NOTE: ALL BEARINGS AND DISTANCES ARE
BASED ON THE MAP OF PARCEL MAP NO. 888.
BOOK 25, PAGES 47_ OF PARCEL MAPS.
SAN BERNARDIO COUN1Y. STAn: OF
CALIFORNIA
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
REAL PROPERTY SECTION PROPOSED SALE OF THE CONVENTION CENTER &
POR. OF WEST PLAZA AND GRANTING OF CERTAIN
SHEET20F2 FUeNo.15.05-273 EASEMENTS TO THE REDEVLOPMENT AGENCY
(Compamon KesolutlOn 2U 1 U-3)4)
CDC/2010-54
LOCATION OF CITY PROPERTY TO
BE SOLD TO THE
REDEVELOPMENT AGENCY
No Sco.le
Base Line
St.
5th St.
VICINITY MAP
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
REAL PROPERTY SECTION
PROPOSED SALE OF THE CONVENTION
CENTER & POR. OF WEST PLAZA AND
GRANTING OF CERTAIN EASEIv1ENTS TO THE
REDEVLOPMENT AGENCY
~ indico. tes un-incorporo. ted
~ o.reo.s within City's Sphere of
Influence
(Rev.Feb. 2010)
Created by: I-a!>z/o F oqa!>!>y Date: 08-06~z.olO
(Compamon KesolutlOn :.w 1 U-j)4)
CDC/2010-54
REDEVELOPMENT AGENCY
OF THE
CITY OF SAN BERNARDINO
"CERTIFICATE OF ACCEPTANCE"
This is to certify that the beneficial interest in real property commonly known as: The
Convention Center, San Bernardino, California (APNs: 0134-251-53 and portions of APN 0134-
251-51 and 0134-311-37), conveyed by the Grant Deed dated
2010, from the City of San Bernardino, a municipal corporation (Grantor), to the Redevelopment
Agency of the City of San Bernardino, a public body, corporate and politic (Grantee), is hereby
accepted, as approved by the Community Development Commission, the governing body of the
Redevelopment Agency of the City of San Bernardino, on
,2010,
and the Grantee consents to recordation thereof by its duly authorized officer.
By:
Emil A. Marzullo, Interim Executive Director
Date:
P:\A..gendas\.-\genda Attachments\Exhibits\1010\1 O~18-10 RDA Certificate of Acceptance - Convention Center Purchase and Saledocx