HomeMy WebLinkAboutCDC/2011-05
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RESOLUTION NO. CDC/2011-S
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 PROPERTY PURCHASE AGREEMENT BY AND BETWEEN
THE AGENCY AND CAL TRANS (IVDA REDEVELOPMENT PROJECT
AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a
8 community redevelopment agency duly created, established and authorized to transact business and
9 exercise its powers, all under and pursuant to the California Community Redevelopment Law
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("CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing
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at Section 33000 and is authorized to construct improvements located within the approved
redevelopment project areas in the City of San Bernardino ("City") in accordance with the CRL; and
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14 WHEREAS, the Inland Valley Redevelopment Project Area ("Project Area") displays
15 substantial and pervasive symptoms of blight and cannot be remedied by private parties acting
16 alone without community redevelopment assistance; and
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WHEREAS, the Community Development Commission of the City of San Bernardino (the
"Commission"), as the governing board of the Agency, has authorized the Agency to assemble,
acquire real property and demolish blighted structures for community redevelopment purposes in
the Project Area; and
WHEREAS, on October 28, 2008, the Agency acquired the last of 73 properties located in
the North Arden Guthrie Area south of Highland A venue between Arden Avenue to the east, 20th
Street to the south and the alleyway adjacent to Guthrie A venue to the west (the "Properties")
within the Project Area; and
WHEREAS, the 73 parcels, three streets and three alleyways, including all easements have
been converted into a single merged parcel; and
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CDC/2011-S
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WHEREAS, one (1) parcel, owned by Caltrans remains in the Arden Guthrie Area; and
WHEREAS, Caltrans has agreed to sell the remaining parcel for its appraised value of
$63,600 to the Agency to complete the assemblage of Property; and
WHEREAS, the Agency desires to acquire the property and cause the development of the
Property; and
WHEREAS, on January 10, 2011 the Commission approved the Agency entering into a
Redevelopment Project Study and Exclusive Right to Negotiate Agreement with Home Depot
U.S.A., Inc., and Mark Development, Inc. ("Developers"); and
WHEREAS, the Developers plan to construct a commercial development which will create
250 construction jobs, 363 permanent jobs, $37,200,000 in gross sales, $1,458,000 in annual sales
tax revenue and $30,000,000 in assessed valuation.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
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FOLLOWS:
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Section 1. The information set forth in the above recitals of this Resolution is true and
correct.
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Section 2. The Interim Executive Director of the Agency is hereby authorized by the
Commission to execute the Sales Agreement with Caltrans on behalf of the Agency in substantially
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the form attached hereto as Exhibit "A", together with such changes therein as may be approved by
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the Interim Executive Director of the Agency, Agency Counsel and City Attorney. The Interim
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Executive Director of the Agency or such other designated representative of the Agency is further
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authorized to do any and all things and take any and all actions as may be deemed necessary or
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advisable to effectuate the purposes of the Agreement and make non-substantive modifications to
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the Agreement.
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Section 3. The Chairperson of the Commission is hereby authorized to accept the deed for
said property from Caltrans.
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CDC/2011-S
This Resolution shall take effect from and after its date of adoption by this
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CDCj2011-S
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 PROPERTY PURCHASE AGREEMENT BY AND BETWEEN
THE AGENCY AND CALTRANS (IVDA REDEVELOPMENT PROJECT
AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
meeting
Development Commission of the City of San Bernardino at a joint- rpg:lIl.::1r
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thereof, held on the 7th day of February ,2011, by the following vote to wit:
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February
, 2011.
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Rikke Van Johnson, Vice Chairperson
Community Development Commission l
of the City of San Bernardino
Approved as to Form:
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By:
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~~~
Agency Counse
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CDC/2011-S
1 EXHIBIT" A"
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CDC/2011-S
DIRECTOR'S DEED NO. DD 002472-01-01
SALES AGREEMENT-CASH TERMS
For the purchase of the property located in the City San Bernardino, San Bernardino County, CA as described
under the above-referenced deed number.
The undersigned agrees to the terms of this option, and further agrees to pay a purchase price of:
$63,600.00, or Sixty Three Thousand, Six Hundred Dollars to the California Department of Transportation
(Caltrans), for the above-referenced property.
The amount of $ 6,360 is paid herewith as the required non-refundable earnest money deposit.
NOTE: This form must be completed and returned to Caltrans with at least the minimum option
deposit (10% of purchase price) on or before close of business on January 14, 20B.
The remaining balance of the purchase price shall be paid by Cash, Cashier's or Certified Check, or money order
payable to the "California Department of Transportation" not less than five (5) days prior to the expiration of the
option period. The option period shall expire on Friday, April 15, 2011.
The property shall be conveyed by Director's Deed to: (indicate vesting here)
Redevelopment Agency of the City of San Bernardino
It is also agreed that all notices and matters arising in connection with this transaction will be given to purchaser
or by mail addressed to purchaser at:
201 North E Street, Suite 301, San Bernardino, California 92401-1507
The purchaser shall pay all recording and documentary stamp tax fees, and any other applicable fees. Upon
payment of the balance of the purchase price to the Department of Transportation, this Department will either
record the Director's Deed, or deliver it to the buyer for the purposes of recording. The purchaser may take
possession of said property when the Director's Deed is recorded.
All Provisions of the "TERMS OF OPTION TO PURCHASE" (on the reverse side, or on page two) are hereby
specifically incorporated by reference into the terms of this option, and purchaser agrees to perform each of the
said TERMS.
Date:
Signed
Phone No.909-663-1044
Date: Signed Phone No.
The terms and conditions of this agreement are hereby accepted, subject to the approval of the California
Transportation Commission and Caltrans.
John Hotchkiss, Right of Way Excess Land
Caltrans Excess Land Disposal Branch
California Department of Transportation
San Bernardino-District 8
NOTE: The seller may be referred to in this transaction by several names including the "State of California, Department of Transportation,"
"Caltrans," "State, "California Department of Transportation," and "Department of Transportation."
CDC/2011-S .. .
TERMS OF OPTION TO PURCHASE sale and/or rejectIOn of any bIds, the respective deposits ofmonev
CASH-CREDIT TERMS: This parcel is to be sold for Cash. All shall be refunded without interest. -
offers or sealed bids shall be presented under cover and shall be (4) The right, title and interest in the property to be sold shall not
plainly identified as a sealed bid, with the appropriate sale number on exceed that vested in the State of California, and this sale is subject to
the outside cover. all title exceptions and reservations whether or not of record.
REQUIRED OPTION DEPOSIT: All offerslbids must be (5) The successful bidder/purchaser shall pay all recording fees,
accompanied by CASH, CASHIER'S CHECK or MONEY ORDER documentary transfer tax, and other real estate transaction taxes or
made payable to the CALIFORNIA DEPARTMENT OF fees by whatever name known, including escrow fees and broker's
TRANSPORTATION in the amount of the required option deposit. commission, if any, and personal property taxes where applicable.
OPTION PERIOD: The option deposit will be the consideration (6) Should the successful bidder/purchaser desire a survey of the
for the option period, the length of which is specified on the "Option property, this may be accomplished by an independent surveyor at
to Purchase." The option period shall commence on the day stated the bidder's/purchaser's expense. No warranty is made by the
on the offer letter or upon receipt of the option deposit, whichever is Departme?t of Transportation relative to the ground locations ofthe
first. The balance of the purchase price shall be paid on or before property lInes other than monumented highway right-of-way lines.
expiration ofthe option period. (7) The successful bidder/purchaser shall be responsible for
EXTENSION OF THE OPTION PERIOD: There may be complying with local building codes and ordinances. All properties
situations wherein the option holder is unable to complete the Terms are sold in an "as is" condition.
of Option within the time allowed for reasons beyond his control. (8) All. CaItrans employees may bid to acquire excess State owned
Under these circumstances, the State, at its discretion, may elect to propertIes except.employees who have direct access to information
extend the option period. A charge of 1% of the sales price per not gene~ally aVaIlable to the public or who influence the purchase or
month will normally be made for such extensions. This charge sale ofRlght:Of-Way 0: other real properties.
SHALL NOT be applied toward the purchase price. (9) Property IS sold subject to existing tenancies, if applicable.
FORFEITURE OF DEPOSIT: The option deposit and any (10) The sale ofthis property does not provide approval from any
additional option deposit shall be NON-REFUNDABLE in the event other office of the Department of Transportation, the State of
that the potential purchaser fails to exercise the option within the California, ~r any agency or department exercising jurisdiction over
option period or fails to comply with any and all of the terms of the the ownership, use, development, or enjoyment of the property.
option as herein provided. ESCROW and PAPERWORK PROCESSING: The State will
SEALED BID/OFFER FORM: Sealed Bid/Offer must be handle the transfer of the property at NO CHARGE to the successful
submitted on a form issued by the Department of Transportation. A bidd~r except for regular transfer and recording fees. This is not
copy of the sealed bid/offer form accompanies this notice. If the bid conSIdered to be a formal escrow as there is no disinterested third
form does not contain an original signature of the bidder the bid will party. Bidder/purchaser may elect to open an escrow within 5
be rejected. Bid form may be photocopied in case of mu'Itiple bids. working days ~f no~ice. of bid/offer acceptance with a mutually
[The "Option to Purchase" will be used in lieu of the sealed bid acceptable CalIfornIa lIcensed escrow company at
form.] bidder's/purchaser's expense.
OPTION AGREEMENT: TITLE INSURANCE: If desired, successful bidder/purchaser may
Sealed Bids/Offers: The Department of Transportation will notify obtain a policy of Title Insurance at his own expense.
the high bidder/offerer, in writing, that the sealed bid/offer received PA YMENTS: All payments shall be made (by mail) to the
was the highest and will be submitted to the California California Department of Transportation, 464 W. Fourth St. 6th
Transportation Commission (CTC) for approval. Upon award, the Floor, San Bernardino, CA 92401, in CASH, CASHIER'S CHECK
bid form shall become an option agreement and the successful or MONEY ORDER, payable to the order of the CALIFORNIA
bidder/offerer shall be bound to the terms specified in the Sealed Bid DEPARTMENT OF TRANSPORTATION. Payments may also
Form/Option To Purchase. be delivered to the California Department of Transportation, Right of
Vocal Bids: High bidder in vocal bidding will be required to sign an Way Ex~ess Land Sales Office at 655 W. Second Street, San
Option to Purchase Agreement upon the award of the sale to the Bernardmo, CA 92410. The successful bidder's/purchaser's option
highest bidder, subject to approval of the CTC. deposit will be retained by the State and not placed in an escrow or
TIE BIDS: In the event that two or more high bids (Sealed Bids) are trust account and does not earn any interest.
submitted which are equal in amount, the option shall be awarded to
a high bidder chosen by lot at the time the bids are opened.
SECOND HIGH BID: In the event that the high bidder (Sealed
Bids) fails to exercise the option within the option period the State
may, at its discretion, offer the option to the second highest bidder.
If the second highest bidder accepts the option, the deposit
requirement and terms of option to purchase shall be the same as
stated in the Bid Form/Option To Purchase, except that the option
period shall commence on the day the option is awarded by the State.
LIMITING CONDITIONS:
(I) The sale under this option is subject to the approval of Caltrans
and the CTC. The option deposit money will be refunded without
interest if the sale is not approved by Caltrans or the CTC. The
purchaser may take possession when the Director's Deed is filed for
recording (unless otherwise specified on the "Option to Purchase"
form).
(2) When the sale is approved by the CTC and the purchaser elects
to exercise the option, the option deposit will be credited toward the
bid purchase price.
(3) The State reserves the right to reject any and all bids/offer and to
cancel the sale in part or in its entirety, any time prior to the
recordation of the Director's Deed. In the event of cancellation of Page 2
CDC/2011-S
1 EXHIBIT "A-I"
2 Area Map
3 [See Attached 1 Page]
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CDC/2011-S
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EXHIBIT "A-2"
LEGAL DESCRIPTION OF PROPERTY
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That portion of Lot 6, Block 3, in the city of San Bernardino, County of San Bernardino, State of
4 California, as shown on the map of West Highlands, recorded in Book 5 of Maps, page 77, in the
office of the County Recorder of said County, described as follows:
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Commencing at the north westerly comer of Lot 8, Tract 71096, as per map recorded in Book 90 of
6 maps, Pages 61 and 62, in the office of the county Recorder of Said County; thence South 890 43'
7 56" East along the northerly line of said Lot 8 a distance of 0.10 feet to the Point of Beginning;
thence continuing along the northerly line of said Lot 8 a distance of 119.91 feet to the east line of a
8 20 foot alley as shown on said Tract 7106; thence along said east line North 000 31' 19" West 30.56
feet to the beginning of a 100 foot radius curve, concave easterly; thence along said curve through a
9 central angle of 22052'39" a distance of 23.96 feet to the southwesterly right of way line as shown
10 on California Department of Highway's Right of Way Map No. 423013; thence along said
southwesterly right of way line South 64007'32" East 107.16 feet; thence along said right of way
11 line, South 02007' 57" East 68.72 feet to the Point of Beginning.
12 Contains 10,602 square feet, more or less
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