Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink About12-05-1988 Regular Meeting COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDIN~ECEIVED_CrrY CLER~ AGE N D A Regular Meeting December 5. 1988 11 : 00 a. m . .88 nEe -1 All :41 Roll Call Present: Absent: A. PUBLIC: Brief comments by general public. Motion: That the motions. indicated by Consent Calendar Items 1 through 4. be adopted. except for ____. ____. ____. ~ (1) APPROVAL OF COMMISSION MINUTES MOTION: Community Development Commission Move to adopt the Commission minutes of November 21. 1988. (2) REDEVELOPMENT COMMITTEE MINUTES MOTION: Community Development Commission Move to receive and file the Redevelopment Committee minutes of: a) October 27. 1988 b) November 10.1988 (3) UPTOWN REDEVELOPMENT PROJECT AREA - CITIZEN ADVISORY COMMITTEE MINUTES MOTION: Community Development Commission Move to receive and file the Uptown Redevelopment Project Area Citizen Advisory Committee Minutes of October 20. 1988. December 5. 1988 1590R (4) SEIP - AUTO PLAZA - FRIEDLANDER DEFAULT - PARCEL 6 OF PARCEL MAP 9713 (continued from November 7, 1988) MOTION: Community Development Commission Move to continue this matter to December 19, 1988. END OF CONSENT CALENDAR (5) SEIP - RAIL REPAIR CONTRACTS MOTION: Community Development Commission A) Move to approve reimbursement of $3,750.00 to Scotfoam for repair of spur to their facility. B) Move to approve Jimco as contractor to repair lead line crossing Victoria Avenue, which is estimated to cost $21,000.00. C) Move to approve Agency cancel all contracts with Santa Fe Railroad and all supplemental contracts with respective businesses. D) Move to approve increase in budget authority in order to make additional repairs in Fiscal Year 1988-1989; such authority not to exceed $50,000.00. (6) ROCKWELL INTERNATIONAL MOTION: Mayor and Common Council A. Move that the Mayor and Common Council set a joint public hearing for 11:00 a.m. on December 19, 1988 to approve and ratify the final documents for the Lease and Option to Purchase with Rockwell International Corporation. MOTION: Community Development Commission B. Move that the Community Development Commission set a joint public hearing for 11:00 a.m. on December 19, 1988 to approve and ratify the final documents for the Lease and Option to Purchase with Rockwell International Corporation. 2 December 5, 1988 1590R (7) HEALTH INSURANCE MOTION: Community Development Commission A) Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ELECTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO BE SUBJECT TO THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AND FIXING THE EMPLOYER'S CONTRIBUTION AT AN AMOUNT GREATER THAN THAT PRESCRIBED BY SECTION 22825 OF THE GOVERNMENT CODE. B) Move to amend to increase the Redevelopment Agency of the City of San Bernardino Administrative Budget for FY 88/89 in the amount of $25,000.00 to provide continued health coverage at present level. (8) YWCA MOTION: Mayor and Common Council A) Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THAT CERTAIN PROPERTY IDENTIFIED AS APN 135-061-10, LOCATED AT 566 NORTH LUGO AVENUE WITHIN THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA, BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO (HEALTH AND SAFETY CODE SECTION SECTION 33433) and specify that the purchase price shall be $26,071. B) Move to adopt a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. (CENTRAL CITY EAST PROJECT AREA); to specify that the purchase price will be $26,071; to substitute, by interdelineation, the words "residents of San Bernardino and surrounding areas" for the word "youth" in paragraph A of Section 16 of the Disposition and Development Agreement, in the paragraph numbered 1 on the second page of the Grant Deed, and in subpart 1 of Section 2(a) on the same page of the Grant Deed; and to change, by interde1ineation, Section 23 of said Agreement and paragraph 4 of the Grant Deed to read "...shall have the option to repurchase said property for $26,071 plus the fair market value at the time of repurchase of all improvements built on the premises by the YWCA in compliance with the City's codes and regulations." 3 December 5, 1988 1590R MOTION: Community Development Commission C) Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND YOUNG HOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. (CENTRAL CITY EAST PROJECT AREA); to specify that the purchase price will be $26,071; to substitute, by interdelineation, the words "residents of San Bernardino and surrounding areas" for the word "youth" in paragraph A of Section 16 of the Disposition and Development Agreement, in the paragraph numbered 1 on the second page of the Grant Deed, and in subpart 1 of Section 2(a) on the same page of the Grant Deed; and to change, by interdelineation, Section 23 of said Agreement and paragraph 4 of the Grant Deed to read "...sha11 have the option to repurchase said property for $26,071 plus the fair market value at the time of repurchase of all improvements built on the premises by the YHCA in compliance with the City's codes and regulations." *** OR *** MOTION: Mayor and Common Council D) Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNARDINO, RELATING TO LEASE OF SPACE, and to delete, by interde1ineation, paragraph 3 of Section 7 of the Lease. MOTION: Community Development Commission E) Move to adopt a RESOLUTION THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO, AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNARDINO, and to delete, by interdelineation, paragraph 3 of Section 7 of the Lease. 4 December 5, 1988 1590R (9) TRANSITIONAL ADMINISTRATIVE ACTIONS MOTION: Community Development Commission A) Move that the action taken on May 16, 1988 be rescinded and that the Executive Director be allowed to supervise and implement the Agency's investment transactions. B) Move that the action taken on May 16, 1988 be rescinded and that the Executive Director be restored the authority to supervise and implement all hiring and firing of Agency staff. C) Move that the action taken on May 16, 1988 be rescinded and that the Executive Director be restored the authority to supervise and implement all requests for legal advice and opinions from outside counsel. D) Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE APPOINTMENT OF STEVEN H. DUKETT AS SECRETARY OF THE REDEVELOPMENT AGENCY. E) Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DESIGNATING CHECK SIGNERS AND COUNTERSIGNERS FOR REDEVELOPMENT AGENCY CHECKS AND VOUCHERS; AND RESCINDING RESOLUTION NO. 5125. F) Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING STEVEN H. DUKETT, EXECUTIVE DIRECTOR: GARY CLERMONT, ADMINISTRATIVE ASSISTANT: AND J. LORRAINE VELARDE, ADMINISTRATIVE SERVICES MANAGER, TO SIGN ON BEHALF OF THE REDEVELOPMENT AGENCY FOR SAFETY DEPOSIT BOX, AND REPEALING RESOLUTION NO. 5135. (10) SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT MOTION: Community Development Commission Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR COOPERATION BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT. 5 December 5, 1988 1590R (11) CLOSED SESSION MOTION: Mayor and Common Council Move to proceed to conduct a Closed Session pursuant to Government Code Section 54956.8, to discuss with its negotiator to purchase, sale, exchange or lease of real property, and to give instructions to its negotiator concerning the price and terms of payment for the purchase, sale, exchange or lease of real property. The real property which the negotiations concern is generally located at 1535 W. Highland. MOTION: Community Development commission Move to proceed to conduct a Closed Session pursuant to Government Code Section 54956.8, to discuss with its negotiator the purchase, sale, exchange or lease of real property, and to give instructions to its negotiator concerning the price and terms of payment for the purchase, sale, exchange or lease of real property. The real property which the negotiations concern is generally located at 1535 W. Highland. ADJOURNMENT Community Development Commission The Community Development Commission/Redevelopment Agency meeting adjourned to December 19, 1988 at 11:00 a.m., in the Council Chambers, 300 North liD" Street, San Bernardino, California, 92418. 6 December 5, 1988 1590R COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I NUT E S REGULAR MEETING November 21, 1988 11: 10 a.m. The Community Development Commission/Redevelopment Agency meeting was called to order at 11:10 a.m., on Monday, November 22, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California, by Chairman Evlyn Wilcox. ROLL CALL Roll Call was taken with the following being present: Chairman Wilcox; Members Esther Estrada; Jack Reilly; Jess Flores; Michael Mauds1ey; Tom Minor; Valerie Pope-Ludlam; Norine Miller. STAFF PRESENT Steven H. Dukett, Executive Director; James E. Robbins, Acting City Administrator; J. Lorraine Velarde, Manager, Administrative Services Division; John Hoeger, Development Division Manager; Barbara Lindseth, Accounting Division Manager; Moe Estevene, Engineering and Design Manager; Dennis Barlow, Senior Assistant City Attorney; Shauna Clark, City Clerk; Margie Vance, Recording Secretary. PUBLIC: Brief comments by general public. There were none. CONSENT CALENDAR (1) APPROVAL OF COMMISSION MINUTES Community Development Commission Commissioner Miller made a motion, seconded by Commissioner Minor, to adopt the Commission Minutes of November 7, 1988. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Mauds1ey, Pope-Ludlam, Minor, Miller. Noes: None. Abstain: None. Absent: None. November 21, 1988 1374B L (2) THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGING OF NOTES RECEIVABLE REPORT FOR THE MONTH OF OCTOBER 1988. Community Development Commission Commissioner Miller made a motion, seconded by Commissioner Minor, to receive and file the Redevelopment Agency of the City of San Bernardino Aging of Notes Receivable Report for the month of October 1988. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Minor, Miller. Noes: None. Abstain: None. Absent: None. (3) AUDIT OF EQUIPMENT PURCHASE AND TRAVEL EXPENSES BY PEAT MARWICK MAIN AND COMPANY Community Development Commission Commissioner Miller made a motion, seconded by Commissioner Minor, to Receive and File the Audit Report of Peat Marwick, received on October 19, 1988. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Pope-Ludlam, Minor, Miller. Noes: None. Abstain: None. Absent: None. END OF CONSENT CALENDAR COMMISSIONER POPE-LUDLAM LEFT THE COUNCIL TABLE (4) SEIP - CHUCK KING AND ASSOCIATES Community Development Commission Commissioner Maudsley made a motion, seconded by Commissioner Miller, that the Commission authorize City Attorney to proceed with lawsuit against Chuck King and Associates. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Abstain: None. Absent: Pope-Ludlam. COMMISSIONER POPE-LUDLAM RETURNED TO THE COUNCIL TABLE 2 November 21, 1988 1374B (5) MCC & CCS - HA. JRD FOUNDRY Community Development Commission Commissioner Estrada made a motion. seconded by Commissioner Flores. that the Commission authorize the Redevelopment Agency to negotiate a final purchase agreement with Mr. Ken Bussey to purchase the 10.53 Hanford Foundry parcel. The motion carried by the following vote: Ayes: Members Estrada. Reilly. Flores. Maudsley. Pope-Ludlam. Minor. Miller. Noes: None. Abstain: None. Absent: None. (6) TIA ULTRACOM 1236 TELEPHONE SYSTEM Community Development Commission Commissioner Estrada made a motion. seconded by Commissioner Flores. to approve the sale of the TIA ULTRACOM 1236 telephone system to the City of San Bernardino for the sum of $528.22. The motion carried by the following vote: Ayes: Members Estrada. Reilly. Flores. Maudsley. Pope-Ludlam. Minor. Miller. Noes: None. Abstain: None. Absent: None. (7) ACCOUNTS RECEIVABLE - RICHARD COLE (Continued from October 24, 1988) Community Development Commission Commissioner Estrada made motion. seconded by Commissioner Miller. that the Accounts Receivable matter regarding the Cole expenditure be written off the Accounts Receivable Ledger as uncollectible. The motion carried by the following vote: Ayes: Members Estrada. Reilly. Flores. Maudsley. Miller. Noes: Minor and Pope-Ludlam. Abstain: None. Absent: None. (8) ACCOUNTS RECEIVABLE - VALERIE POPE-LUDLAM (Continued from October 24. 1988) Community Development Commission Commissioner Estrada made a motion. seconded by Commissioner Flores. to accept Commissioner Pope-Ludlam's offer to pay $611.27 per her memorandum dated October 6. 1988 and that staff be instructed to reflect the amount of $351.73 as costs reimbursed to Commission Member Pope-Ludlam for trip expenses. The motion carried by the following vote: Ayes: Members Estrada. Reilly. Flores. Maudsley. Minor. Miller. Noes: None. Abstain: Pope-Ludlam. Absent: None. 3 November 21. 1988 1374B (9) YWCA-PUBLIC HE LNG TO BE HEARD j 11:00 a.m. (Continued from October 3, 1988) Mayor and Common Council Joint Public Hearing to consider the sale or lease of real property between The City of San Bernardino, The Redevelopment Agency and Young Women Christian Association. Counci1person Mauds1ey made a motion, seconded by Counci1person Reilly, to continue this item to December 5, 1988 at 11 :00 a.m., and to instruct staff to give specific written notice to YWCA representatives of the time and date to hold the Public Hearing. Community Development Commission Joint Public Hearing to consider the sale or lease of real property between The City of San Bernardino, The Redevelopment Agency and Young Women Christian Association. Commissioner Maudsley made a motion, seconded by Commissioner Reilly, to continue this item to December 5, 1988 at 11:00 a.m. and to instruct staff to give specific written notice to YWCA representatives of the time and date to hold the Public Hearing. (10) AFFIRMATIVE ACTION SERVICES The City Clerk read the titles of the resolutions. Mayor and Common Council RESOLUTION NO. 88-452 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR AFFIRMATIVE ACTION SERVICES. Councilperson Miller made a motion, seconded by Councilperson Flores, to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Mauds1ey, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. Counci1person Estrada made a motion, seconded by Councilperson Reilly, to adopt the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. 4 November 21, 1988 l374B Community Development Commission RESOLUTION NO. 5165 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO REGARDING AFFIRMATIVE ACTION SERVICES. Commissioner Miller made a motion. seconded by Commissioner Flores. to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores. Mauds1ey, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. Commissioner Estrada made a motion, seconded by Commissioner Reilly, to adopt the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Mauds1ey, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. (11) CCS - LIONEL HELLER - REQUEST FOR ASSISTANCE Community Development Commission RESOLUTION NO. 5166 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPERTY OWNER'S PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND LIONEL HELLER. Commissioner Miller made a motion, seconded by Commissioner Flores. to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada. Reilly. Flores, Mauds1ey, Minor, Pope-Ludlam. Miller. Noes: None. Abstain: None. Absent: None. Commissioner Flores made a motion, seconded by Commissioner Estrada, to adopt the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. 5 November 21, 1988 1374B (12) TRI-CITY - SP 'FE REQUEST FOR SISTANCE Community Development Commission RESOLUTION NO. 5167 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A RELOCATION ASSISTANCE AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE ATCHISON. TOPEKA AND SANTA FE RAILWAY COMPANY. Commissioner Miller made a motion. seconded by Commissioner Flores. to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada. Reilly. Flores. Mauds1ey. Minor. Pope-Ludlam. Miller. Noes: None. Abstain: None. Absent: None. Commissioner Flores made a motion. seconded by Commissioner Estrada. to adopt the resolution. The motion carried by the following vote: Ayes: Members Estrada. Reilly. Flores. Mauds1ey. Minor. Pope-Ludlam. Miller. Noes: None. Abstain: None. Absent: None. (13) AGREEMENT FOR GRAPHIC SERVICES Community Development Commission RESOLUTION NO. 5168 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR GRAPHIC SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND DAVID ODEN. Commissioner Miller made a motion. seconded by Commissioner Flores. to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada. Reilly. Flores. Maudsley. Minor. Pope-Ludlam. Miller. Noes: None. Abstain: None. Absent: None. Commissioner Miller made a motion. seconded by Commissioner Flores. to adopt the resolution. The motion carried by the following vote: Ayes: Members Estrada. Reilly. Flores. Maudsley. Minor. Pope-Ludlam. Miller. Noes: None. Abstain: None. Absent: None. 6 November 21. 1988 1374B (14) CLOSED SESSION Mayor and Common Council A Closed Session was called pursuant to Government Code Section 54956.9 (a), to discuss the following pending cases: l. San Bernardino Valley Municipal Hater District vs. Redevelopment Agency, etc., et al.; SBSC Case No. 223718 2. San Bernardino Valley Municipal Hater District vs. All Persons; SBSC Case No. 219711 3. San Bernardino Valley Municipal Hater District vs. All Persons; SBSC Case No. 224322 Councilperson Estrada made a motion, seconded by Councilperson Reilly, to recess to closed session. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Abstain: Pope-Ludlam. Absent: None. Community Development Commission A Closed Session was called pursuant to Government Code Section 54956.9 (a), to discuss the following pending cases: 1. San Bernardino Valley Municipal Hater District vs. Redevelopment Agency, etc., et al.; SBSC Case No. 223718 2. San Bernardino Valley Municipal Hater District vs. All Persons; SBSC Case No. 219711 3. San Bernardino Valley Municipal Hater District vs. All Persons; SBSC Case No. 224322 Commissioner Estrada made a motion, seconded by Commissioner Reilly, to recess to closed session. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Miller. Noes: None. Abstain: Pope-Ludlam. Absent: None. MEETING RECESSED At 11:25 a.m., the Community Development Commission/Redevelopment Agency recessed to Closed Session. 7 November 21, 1988 13748 MEETING RECONVENED At 11 :40 a.m., the Community Development Commission/Redevelopment Agency meeting was called to order by Chairman Evlyn Wilcox. ROLL CALL Roll Call was taken with the following being present: Chairman Wilcox, Members Esther Estrada, Jack Reilly, Jess Flores, Michael Maudsley, Tom Minor, Valerie Pope-Ludlam, Norine Miller. STAFF PRESENT Steven H. Dukett, Executive Director; James E. Robbins, Acting City Administrator; J. Lorraine Velarde, Manager, Administrative Services Division; John Hoeger, Development Division Manager; Dennis Barlow, Senior Assistant City Attorney; Shauna Clark, City Clerk; Margie Vance, Recording Secretary. (15) CLOSED SESSION (Held in Public Session) Community Development Commission Request to discuss possible action regarding civil status of Highland annexation film production - Commissioner Estrada. A discussion ensued. Chairman Wilcox, stated that this was not a closed session item and that it would be discussed in public session. She indicated that she had already asked the City Administrator and the RDA Executive Director to perform audits to determine if City Staff and/or RDA Staff time was used in connection with the Highland Annexation slide presentation and in determining if there was additional reimbursement due the Agency and/or the City from the Mayor. NO MOTION WAS TAKEN. Commissioner Estrada made a motion, seconded by Commissioner Miller to adjourn to the Redevelopment Agency's Conference Room A for the JANSS Corporation, Workshop. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: None. COMMISSIONERS ESTRADA AND MILLER LEFT THE COUNCIL TABLE 8 November 21, 1988 1374B Commlssioner Minor je a motion. seCl ed by Commissloner Reilly to adjourn the meeting to Monday, December 5. 1988. The motion carried by the following vote: Ayes: Members Reilly, Flores, Maudsley. Minor, Pope-Ludlam. Noes: None. Abstaln: None. Absent: Estrada, Miller. ADJOURNMENT Community Development Commlssion The Communlty Development Commission/Redevelopment Agency meeting adjourned to December 5, 1988 at 11 :00 in the Council Chambers, 300 North "0" Street, San Bernardino, CA 92418. 9 November 21, 1988 1374B . . .. Time: Place: Roll Call: ITEM NO. 1 MINUTES REDEVELOPMENT COMMITTEE 4:05 p.m., Thursday, October 27, 1988 Redevelopment Agency Conference Room Committee Member Esther Estrada, Chairman; Committee Member Jess Flores; Committee Member Michael Mauds1ey; James E. Robbins, Acting Executive Director Redevelopment Agency; John Hoeger, Manager, Development Division; Lorraine Velarde, Manager, Administrative Services; Dennis Barlow, Senior Assistant City Attorney; Greg Garcia, Project Coordinator Mayor's Office; John Cole, Administrative Assistant to the Council; Rosalie Morales, Recording Secretary. ICes CORPORATION TO DEVELOP SOFTWARE FOR THE LINE ITEM BUDGET IN AN AMOUNT NOT TO EXCEED S 5,000 The Redevelopment Committee forwarded this item to the Commission with the recommendation that the Commission approve the proposal from ICCS Corporation to develop computer software for the Line Item Budget project in an amount not to exceed $5,000. ITEM NO. 2 REIMBURSEMENT TO THE CITY FOR THE SERVICES OF JAMES ROBBINS AS ACTING EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY The Redevelopment Committee forwarded this item to the Commission with the recommendation that the Commission approve the reimbursement to the City of San Bernardino for the services of James E. Robbins as Acting Executive Director of the Redevelopment Agency. The amount of reimbursement was provided for in the Agency Administrative Budget. ITEM NO. 3 AGING OF NOTES RECEIVABLE REPORT FOR THE MONTH OF SEPTEMBER 1988 The Redevelopment Committee forwarded this item to the Commission with the recommendation that the Commission receive and file the Redevelopment Agency's Aging of Notes Receivable Report for the month of September 1988. ITEM NO. 4 AGREEMENT FOR GRAPHIC SERVICES The Redevelopment Committee continued this item to the next Committee Meeting. Staff is in the process of gathering additona1 information. 2.cL ITEM NO.5 AGREEMENT WITH CITY OF SAN BERNARDINO REGARDING COUNCIL OFFICE SFB.VICES The Redevelopment Committee forwarded this item to the Commission with the recommendation that the Commission adopt the following resolutions: Mayor and Common Council RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, REGARDING COUNCIL OFFICE SERVICES. Community Development Commission RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO REGARDING COUNCIL OFFICE SERVICES. ITEM NO. 6 AFFIRMATIVE ACTION SCHEDULE Chairman Estrada stated that the Committee had asked for a breakdown for . the cost for the services by the Affirmative Action Officer Commission Member Estrada expressed concern that we maybe paying a salary or portion thereof without getting the benefit of the service and felt that a hourly breakdown would provide the basis for budget evaluation for future years. The Committee directed that staff bring this item back at the next meeting for the Committee's review and that the agreement reflect a minimum of hours to be available for service. ITEM NO. 7 FIVE-LEVEL PARKING STRUCTURE ENTRY SIGNS The Committee recommended that staff set up a meeting with Ann Harris, Main Street Director; Wayne Overstreet, Superintendent, Public Buildings; and Commission Member Estrada to discuss the Parking Structure and Signage and that the matter be continued for furhter study. ITEM NO. 8 RFQ FOR SPECIAL & BOND COUNSEL/Interviews The Committee recommended Stradling, Yocca, Carlson & Rauth as Special Legal Counsel. Dennis Barlow will prepare an agreement for the Commission's consideration and approval. ITEM NO. 9 CCN - ART GREGORY - PLATT BUILDING In October 1983 the Agency entered into an Owner Participation Agreement with Arthur Gregory for the rehabilitation of the Platt Building, located on 5th and "E" Streets. 1575H 2 Under the terms of the OPA, the owner was to complete the rehabilitation of the Platt Building by December 31, 1985. On January 21, 1986, a first amendment to the OPA was adopted providing a one year extension for the completion of the rehab work. Since the execution of the OPA and First Amendment economic conditions relating to the availability and rental rates of office space in downtown San Bernardino have changed substantially. Though Mr. Gregory has made efforts to secure tenants for his building, no office users have signed leases. This has negatively affected his cash flow projections and his ability to finance the construction on schedule. The Community Development Commission approved a Second Amendment on June 6, 1988 providing additional time for the building renovation. This amendment was never returned or executed by Mr. Gregory. Several attempts were made by staff to secure an executed agreement. Correspondence dated September 6, 1988 informed Mr. Gregory of his default. On October 5, 1988 Art Gregory met with Redevelopment Agency staff, Ann Harris of Main Street and Wayne Overstreet of Public Buildings. The exchanging of ideas and Mr. Gregory's commitment to begin renovation ,prompted our suggested revised Amendment. Mr. Gregory agreed to post a construction bond if structured to partially release funds as construction occurs. He anticipates obtaining permits within one month and completion of exterior north, east, west sides of buildings by September, 1989. Mr. Gregory agreed to immediately paint the south side of the building. He indicated his designs for the south side greatly depended on the theatre tenant and he is reluctant to finance that that portion of the renovation at this time, but did agree to begin the south wall renovation within two years. Staff recommends granting Mr. Gregory's request to revise the Second Amendment. John Hoeger, Manager, Development Division collect on the default account of S50,000. to work with the developer to complete the Platt Building. stated that the Agency can Staff recommends and prefers rehabilitation project on the The Committee recommended that staff draft a specific amendment and bring it back to the Committee for review. The Committee continued this item. ITEM NO. 10 NW - PEC BUILDING #1 - CHAPARRAL The Redevelopment Committee forwarded this item to the Commission and recommends that the Commission receive and file this item. l575H 3 ITEM No. 11 COMMUNITY HOSPITAL On September 19, 1988 Community Hospital wrote a letter to the City Attorney's office stating that the City Council approved on September 6, 1988 the City's participation in acquiring Parcel APN 0143-052-35. The Community Hospital requested that the City begin proceedings to acquire said parcel through Eminent Domain. The parcel is needed by the hospital for laboratory space and parking. The Agency is currently acquiring the Clark parcel on the Northwest corner of Baseline and Medical Center drive through an eminent domain action. The Hospital has been informed by the City Attorney's office that they must pay all the costs of the action. The Redevelopment Committee continued this item and recommended that Dennis Barlow write a letter to Community Hospital and request additonal information. ITEM NO. 12 TRI CITY - SANTA FE REQUEST FOR ASSISTANCE Santa Fe Railroad has been negotiating to relocate their Western Regional Control Center in the Tri-City Project area. Santa Fe has also been considering a location in the City of Ontario. Retention of this facility in the City of San Bernardino would retain 90 jobs and result in the creation of an additional 90 jobs. Santa Fe will expand approximately 53.8 million dollars on special equipment needed to operate the facility. This alone will result in approximately S38,000 a year in tax increment. Santa Fe has requested 5100,000 from the Redevelopment Agency in relocation assistance. Granting this assistance will assure that Santa Fe will relocate to Tri-City and result in a total of 180 jobs (90 new and 90 retained). Because Santa Fe's occupancy will require extensive modification to the building for microwave and power generation facilities, staff recommends that the Redevelopment Agency enter into an agreement with Santa Fe to reimburse $100,000 in actual relocation expenses. The Redevelopment Committee forwarded this item to the Commission with the recommendation that the Commission authorize an agreement with Santa Fe for 5100,000 in relocation assistance. ITEM NO. 13 MILES & HALL The Redevelopment Agency entered into a Disposition and Joint Development Agreement with Miles and Hall Partnership on February 4, 1985 for a project in the Southeast Industrial Park. The agency assisted by selling the land for the project at a below market price. l575H 4 ITEM NO. 17 CHAPTER 8 SALE - COUNTY TAX AUCTION The Redevelopment Committee forwarded this item to the Commission with the recommendation that the Commission authorize the execution of an Agreement to Purchase Tax-Defaulted Properties for APN 136-162-14 in Central City South. CLOSED SESSION Pursuant to Government Codes Section 54956.8, the Redevelopment Committee of the Community Development Commission/Redevelopment Agency of the City of San Bernardino convened in closed session to discuss with its negotiator the purchase, sale, exchange or lease of real property, and give instructions to its negotiator concerning the price and terms of payment for the purchase, sale, exchange or lease of real property. Pursuant to Government Code Section 54956.9c the Redevelopment Committee of the Redevelopment Agency of the City of San Bernardino convened in closed session to discuss possible litigation. Pursuant to Government Code Section 54957 the Redevelopment Committee of the Redevelopment Agency of the City of San Bernardino convened in closed session to consider personnel matters. ADJOURNED MEETING At 5:37 p.m. the Redevelopment Committee adjourned. APPROVED: &~ Esther Estrada, Chairman Redevelopment Committee ---.J. rm:1575H l575H 7 MINUTES REDEVELOPMENT COMMITTEE Time: 4:05 p.m., Thursday, November 10, 1988 Place: Redevelopment Agency Conference Room Roll Call: Committee Member Esther Estrada, Chairman; Committee Member Jess Flores; Committee Member Michael Maudsley; James E. Robbins, Acting Executive Director Redevelopment Agency; John Hoeger, Manager, Development Division; J. Lorraine Velarde, Manager, Administrative Services; Dennis Barlow, Senior Assistant City Attorney; Richard Bennecke, Mayor's Executive Assistant; Phil Arvizo, Council Executive Assistant; Rosalie Morales, Recording Secretary. ITEM NO.1 AGING OF NOTES RECEIVABLE REPORT - OCTOBER 1988 The Committee forwarded this item to the Community Development Commission as a receive and file item. ITEM NO. 2 AFFIRMATIVE ACTION SERVICES The Agency's Administrative Budget provides for payment of services rendered by Affirmative Action office staff. The agreement process is similar to the agreements previously entered into for Planning Services, Weed Abatement and Building Code Inspectors with the City. The Committee had requested more information regarding a hourly breakdown. The breakdown reflects: Affirmative Action Officer: $7,000 - S25.27 = 277 hours annually or 23.08 hours per month. Affirmative Action Clerk: hours per month. $1,000 - Sl1.55 86 hours annually or 7.16 These figures reflect the Affirmative Action Officer with 76% of the total amount and the clerk with 24%. The Redevelopment Committee forwarded this item to the Commission with the recommendation that the Commission approve the following: 2, b Mayor and Common Council A) Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR AFFIRMATIVE ACTION SERVICES. Community Development Commission B) Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE CITY OF SAN BERNARDINO REGARDING AFFIRMATIVE ACTION SERVICES. C) Instructed legal staff to incorporate into paragraph 2(a) of the Agreement the actual of service. ITEM NO. 3 NOVEMBER 24, 1988 NEXT COMMITTEE MEETING - LEGAL HOLIDAY The Committee set the next Redevelopment Committee meeting for be Wednesday, November 23, 1988 at 12:00 p.m., Redevelopment Agency Conference Room A due to the Thanksgiving Holiday.. . ITEM NO.4 AGREEMENT FOR GRAPHIC SERVICES At the Redevelopment Committee meeting of July 7, 1988, staff was directed and did seek Requests for Proposals for Graphic Services. Staff prepared RFP's and mailed same on August 8, 1988 with a deadline for submittal of Thursday, September 8, 1988 by 4 p.m. Thirteen proposals were mailed. A total of five proposals were received, with four prior to said deadline and one the following day. The only two firms close in comparison of hourly rates are David Oden Productions and the City of San Bernardino Telecommunications Division. The combined cost per hour for the three categories for David Oden Productions is $99 and the City is $90. Staff feels the City Telecommunications Division has not had experience in the preparation of marketing tools and would require some time in being able to achieve the quality of marketing materials presently being prepared and used by the Agency. Staff has utilized the services of David Oden on weekends and on a rush basis and have been billed strictly on a straight hourly basis. Many events where photography services are required are at times in the evenings and weekends. Mr. Oden's hourly flexibility has enabled us to meet tight deadlines, when we've requested same or next day service, and at the same hourly rate. l594H 2 Staff feels that starting with a new consultant would not be cost effective since more time would be needed in educating said firms with Agency project areas, developments within project areas and agency goals. After considerable discussion the Redevelopment Committee forwarded this item to the Commission with the recommendation that the Commission authorize staff to enter into an agreement with David Oden Productions for Graphic Services on a month to month basis until such time that the Executive Director of the Agency delegates otherwise. ITEM NO. 5 PUBLIC RECORD POLICY & PHOTOCOPY CHARGES/FEES - VERBAL Lorraine Velarde stated that Glenda Saul, former Executive Director requested a copy of her personnel file. Mrs. Velarde stated that Mrs. Saul was mailed a copy of her personnel file which was billed to her at 10c a page. The total charge was $23.90 for reproduction. Ms. Saul returned the invoice with a check to the Chairman of the Commission and indicated that she was paying under protest because she felt she should not be charged because other employees had not been charged. The Committee recommended that staff prepare a letter to Glenda Saul returning her check and that Sandra Lowder be reimbursed the amount charged her for . copying her personnel file. This action is being taken because ther is no written policy to the contrary. The Committee directed staff to reimburse them their fee for reproduction of their personnel files. Dennis Barlow is to prepare a policy/guidelines for the Committee's review regarding staff obtaining copies of personnel files at no cost or minimum cost. TIA ULTRACOM 1236 TELEPHONE SYSTEM A request has been received from the Fire Department to purchase the Agency's old telephone system. Some background information on the system is as follows: The system was purchased in 1982 for $30,628.20 and consists of: ULTRACOM 1236 Electronic Key Telephone System 10-Centra1 Office Lines 24-Stations 1-W1236 Console 24-W1236 Electronic Key Telephones, Pushbutton 5-11236 Electronic Key Telephones, Pushbutton 1-Direct Station selection/busy lamp field console 3-Speaker Phones 1-Music on hold interface All have memory dialing (16 programmable numbers per station) All units are in good working condition and were purchased February 5, 1982 (except 5 each 11236 telephones, which were purchased in May 1984). 1594H 3 It was staff's intent to put the system up for sale on a consignment basis until we were approached by the Fire Department. This system is compatible to the system installed in the Fire Department and in conversation with Chief Moon have been informed that they have a desperate need to expand. We received a verbal estimate from Fossum Communication Company, 1808 Commercenter West, San Bernardino, that a system the size of ours could be sold as a used system for $5,000.00 to $6,000.00 if the system were refurbished and carried a used equipment warranty. The refurbishment could take 20 to 40 hours labor at a #35.00 per hour cost. There was a cost of $228.22 paid to have the system disconnected and packed. We felt that is we should recoup that packing cost plus 1 % of the original purchase price. Recap: $30,000.20 = Packing Cost 1% = $300.00 $228.22 $528.22 Staff recommended approval of the sale as proposed. The Redevelopment Committee forwarded this item to the Community Development Commission with the recommendation that the Commission instruct and authorize . staff to prepare the necessary documents to effectuate the sale. ITEM NO. 7 DEVELOPMENT ACTIVITY REPORT - OCTOBER 1988 The Redevelopment Committee continued this item to the next Redevelopment Committee Meeting. ITEM NO. 8 SEIP - CHUCK KING & ASSOCIATES In 1979, the Agency entered into an agreement with King Industrial Park for the development of approximately 9 acres located at the northwest corner of Tippecanoe and Cooley Avenues (see attached map). The development was for a 145,000 square foot industrial park, to be constructed over four years. By 1985, only one parcel of five had been built out, while the remaining four remained undeveloped. Under the agreement with King, the developer agreed to pay the Agency $2,000 per year, per lot, for each lot not improved in accordance with the build-out schedule. By 1985 in-lieu fees of $26,000 had accrued as a penalty for not developing the remaining four parcels. The agreement further provided that the Agency would consider suspending or waiving this penalty in the event of poor economic conditions which might prevent development. Such suspension or waiver was not sought at the time. In 1985, King did seek Agency approval for the release of property from his agreement, and he offered a settlement of accrued in-lieu fees of $4,000. l594H 4 In July of 1985, the Redevelopment Committee considered the matter and recommended pursuit of the full $26,000. Staff wrote a letter to Mr. King requesting payment, and in March of 1986 received a reply from Mr. Hagen (Mr. King's attorney). Mr. Hagen increased the settlement offer slightly by proposing an amount of between $4,000 to $5,000. On June 5, 1986, the Redevelopment Committee reviewed Mr. Hagen's offer, and based on the advice of Agency Counsel, recommended that the Commission authorize collection of the $26,000 owed to the Agency. The Commission tabled the item, and it has remained tabled to date. In a conference with Agency Counsel, it was suggested that Agency Counsel prepare a demand letter for payment in full of the $38,000 owed to the Agency. The Committee took this information into consideration, and in closed session on June 23, 1988, recommended that the Commission approve sending a demand letter. Commission approved the item on July 5, 1988, and two letters have been subsequently sent, with no reply to either letter. The agreement and subsequent activities have been reviewed by both Mr.. Charles Green of Sabo & Deitsch and by Agency Counsel. It is their opinion that while it is not known how Mr. King will respond to a summons, the following are scenarios which could happen: 1) a lawsuit is brought against Mr. King; he makes no appearance and defaults; or 2) Mr. King answers the summons, offers a moderate defense which results in a settlement; or 3) Mr. King answers the summons, offers a moderate to strong defense which results in a trial. Mr. Green estimated the cost of litigation to be between $3,500 (for no defense from Mr. King) to $20,000 (for heavy defense from Mr. King). Probable cost of an average defense as described in the second scenario would be approximately $12,000. Staff estimates the cost to be much lower, as Agency Counsel will be utilized in this matter. It is felt that #2 is the most likely outcome; that Mr. King will offer a light defense with the hope of reaching a compromise. In that light, both attorneys agree that it is in the best interest of the Agency to institute proceedings against Mr. King in an effort to recover the outstanding in-lieu fees due the Agency. The Redevelopment Committee recommended that the Commission authorize City Attorney to proceed with lawsuit against Chuck King and Associates. 1594H 5 ITEM NO. 9 COMMUNITY HOSPITAL The Redevelopment Committee continued this item. ITEM NO. 10 COMMUNITY HOSPITAL The Redevelopment Committee continues this item. CLOSED SESSION Pursuant to Government Codes Section 54956.8, the Redevelopment Committee of the Community Development Commission/Redevelopment Agency of the City of San Bernardino convened in closed session to discuss with its negotiator the purchase, sale, exchange or lease of real property, and give instructions to its negotiator concerning the price and terms of payment for the purchase, sale, exchange or lease of real property. Pursuant to Government Code Section 54956.9c the Redevelopment Committee of the Redevelopment Agency of the City of San Bernardino convened in closed session to discuss possible litigation. Pursuant to Government Code Section 54957 the Redevelopment Committee of the Redevelopment Agency of the City of San Bernardino convened in closed session to consider personnel matters. ADJOURNED MEETING At 6:30 p.m. the Redevelopment Committee adjourned. APPROVED: 1594H 6 M!t!YII~ UPTOWN REDEVELOPMENT PROJECT AREA CITIZENS ADVISORY COMMITTEE October 20, 1988 2:30 P.M. Location: Management Information Center <Sixth Floor) The meeting of the Citizens Advisory Committee for the Uptown Redevelopment Project Area was called to order by Chairman Larry Willson at 2:35 p.m., in the Management Information Center. 300 North "0" Street, San Bernardino, California. COMMITTEE MEMBERS PRESENT COMMITTEE MEMBERS ABSENT <Sub Area "A") Manuel Acosta Larry W. Ammons Scott Scheibe Cas Sermak Larry R. Willson Dr./Mrs. Robert Krone. Desi Nelson. Mari a McNulty <Sub Area "B") Harry Holmes Carl Oldenkamp Alan Vivian STAFF PRESENT Vince Bautista, Principal Planner, City of San Bernardino Jill Hammer. Transcribing Secretary - RDA Gary Wagoner. Development Specialist - RDA * Excused Absence - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ro 11 Ca 11 Roll call was taken by the transcribing secretary. Approval of Minutes of September 15. 1988 FORM MOTION: That the Minutes of the Meeting of September 15. 1988 be approved as submitted. Moved by: Harry Holmes The motion was carried unanimously. Seconded by: Manuel Acosta 3 Uptown Project Area land SI !y Mr. Hillson as~ed the status of the property owner questionnaire mailing project. It was reported that the malling labels are currently being printed by First American Title Co. Mr. Hillson as~ed if the property owners that were affected by the General Plan Amendment were going to receive this mailing or only the property owners in the Uptown Project Area itself. Mr. Hagoner stated that he would research the answer to that question. City of San Bernardino Revised General Plan Mr. Bautista presented the fo110wlng bac~ground information to the General Plan Amendment process: The City of San Bernardino was sued approximately 18 months ago on the adequacy of its General Plan. The court decided that the City's General Plan was inadequate i.e., the Plan no longer met all the State requirements for such a Plan. The City was directed by the court and by the State Office of Planning & Research to completely update the General Plan. The City Plannlng Department has embar~ed on an estimated 2 year effort to accomplish the tas~. At present the City is in the final 7 1/2 months of the process. At the beginning of the process, the City Council approved a 5-phase program to accomplish the tas~. The phases were as follows: (1) Collect all the data; (2) Identify issues and estab11sh goals and Objectives; (3) Adopt an Interim Policy Document (Council approval obtained on 05-23-88); (4) Preparation of the Final General Plan and the Environmental Impact Report (available for public perusual in late February, 1989); (5) Public Hearings. During the Public Hearings phase, the draft General Plan will be reviewed by many City agencies, public agencies, committees, etc. The comments received will be communicated to the City Council and incorporated into the final General Plan. A target date of May 31, 1989 has been established to adopt the new General Plan. Final submittal date to the State Office of Planning & Research is June 9, 1989. -2- Mr. Hagoner asked what the )cedure would be the State Office of Planning & Research does not accept the new General Plan. Mr. Bautista responded stating that if the new General Plan is unacceptable the State Office of Planning & Research will have to note the specific areas where it is unacceptable with a new time deadline given to the City for the Plan to be revised to acceptable form. It was noted that preliminary approval has been granted by the State Office of Planning & Research to the Interim POlicy Document. Mr. Oldenkamp asked what this entire General Plan process will cost the City of San Bernardino. Mr. Bautista stated that the process will cost the City $1.2 million. Mr. Hillson asked if there would be peculiarities to this Plan because San Bernardino is a charter city in California. Mr. Bautista stated that current State law does allow for some differences between a general law city and a charter city; however. the court is starting the process of erasing those differences. Mr. Bautista informed the Committee that the consultant services of the Envicom Corporation have been retained. Envicom is involved in performing the technical aspects of the job. A major amount of the writing involved in the project is also being done by the Envicom Corporation. Mr. Hillson asked what criteria is considered before determining a zoning designation for any given area. Mr. Bautista stated that a zoning -designation is determined by the compilation of many aspects of data through the use of transparent overlays. Existing zoning is a principal element considered for determining future zoning. Other factors include existing land use. existing environmental hazards. lack of access. traffic congestion, lack of infrastructure and/or services. Mr. Bautista stated that when the existing zoning was not at all compatible with current usage or current trends the zoning designation was changed. Mr. Hillson asked what the Committee can do to effect changes to the Interim Policy Document which they do not feel meets the best interests of the Uptown Project Area. Mr. Bautista stated that the Committee can submit a letter to the Planning Department stating its suggestions for certain parcels/areas. Mr. Bautista encouraged the Committee to be as specific as possible even to the point of identifying land areas by assessor parcel number. Mr. Bautista stated that the Committee can also testify concerning its concerns before the General Plan CAC. Planning Commission and City Council. Mr. Oldenkamp asked about amending the new General Plan. Mr. Bautista stated that he did not feel the City Council would be approving very many changes to the General Plan for at least one year due to the high cost of the entire endeavor. -3- Mr. Bautista referred to tL Interim Policy ~_Jment, Page 18, for the new zoning designations. Mr. Oldenkamp asked how important is the railroad to the General Plan process. Mr. Bautista stated that noise readings have been taken along the railroad lines. Those results will affect the types of development that can be accomplished in those areas. The Committee expressed its appreciation to Mr. Bautista for his presentation. Discussion Mr. Scheibe stated that he sees a need to revise the General Plan in the area of the Commercial Heavy designation. At present, auto-related sales and businesses are included in that category. Also at present there are very few locations zoned Commercial Heavy. Mr. Scheibe suggested that either more suitable land be zoned Commercial Heavy QI that auto related sales and businesses be included in the Commercial General zoning classification. Mr. Wagoner suggested that car service related associations should be contacted and asked to participate in the efforts to revise the current Interim Policy Document in this specific area. Mr. Willson suggested that a letter be sent to the General Plan CAC from .the Committee sharing the Committee1s concerns for the City in general by eliminating auto/service related businesses from the City proper. Mr. Scheibe asked what types of businesses are included in the Commercial General classification as well as the Commercial Heavy classification. Mr. Wagoner suggested that Mr. Scheibe contact Mr. Bautista for that information. MOTION: That a letter be authored from the Uptown CAC to the General Plan CAC stating the Committee's concern regarding the fact that auto related businesses and service facilities have almost been eliminated from the City's General Plan because those types of businesses will be classified as Commercial Heavy businesses. Moved by: Carl Oldenkamp The motion was carried unanimously. Seconded by: Manuel Acosta Communication Re Proposed Development in the Uptown Project Area Mr. Wagoner asked if there is any way that the Uptown CAC can become informed of proposed development for the Uptown Project Area earlier in the process. Mr. Bautista responded stating that all development -4- proposals with accompanyinf lp and descripti( )f project are sent to the Redevelopment Agency, ALLn: Moe Estevene. Mr. Hagoner suggested that Mr. Estevene be contacted to ascertain if it is possible for the Uptown CAC to be kept abreast of development proposed for the Uptown Project Area early in the City approval process. Update: Conditional Use Permit No. 88A-2 (Proposed Motel) Mr. Sermak reported that the Planning Commission denied the proposal for the Travel Lodge motel proposed for Highland Avenue. Mr. Hagoner stated that the developer does intend to appeal the decision before the City Council. Social Concern: Crime and the Vagrant Community in the Uptown Project Area Several Committee members commented on the increased presence of the vagrant community in the areas of their businesses and the adverse affect experienced by the business establishment/community to this problem. Mr. Hillson suggested that Lt. Devlin be invited to attend the Committee's next meeting to present updated crime information concerning the area as well as to answer questions. Committee members concurred. Railroad Crossings at Broadway and Main Street Mr. Oldenkamp reported that he has received written notice that the City Council will meet on Monday, October 24, 1988, to discuss barricading the railroad crossings and closing the adjacent streets to those crossings at Broadway and Main Street. Mr. Oldenkamp continued stating that this action will devalue properties in the area to a great degree because no longer will the properties have the advantage of promoting the fact that the property has railroad access. Mr. Hillson suggested that Mr. Oldenkamp represent the Committee's opposition to the proposed closures mentioned above at the City Council meeting scheduled for October 24, 1988. There being no further business, the meeting of October 20, 1988 was adjourned at 4:08 p.m. Respectfully submitted, (_11{ ~Ha"n1/I~'- ~;1 M. Hammer Transcribing Secretary jmh:3287K -5- REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION FROM: Steven H. Dukett, Executive Director SUBJECT: SEIP - AUTO PLAZA - FRIEDLANDER DEFAULT - PARCEL 6 OF PARCEL MAP 9713 DATE: NOVEMBER 29, 1988 Synopsis of Previous Commission/Council/Committee Action: 12-02-86 Approval in concept of an OPA for development of an Auto Center. 12-23-89 Approval of Resolution 4831 authorizing an OPA with Orange Show Plaza Associates. 07-07-86 Set Joint Public Hearing for July 21, 1986 at 11 :00 a.m. to consider sale of certain real property. 07-21-86 The following items were approved: a. Resolution 86-300 authorized execution of Grant Deed. b. Resolution 86-301 approved sale of APN 141-251-39 to Orange Show Plaza Associates. c. Resolution 4900 authorized secretary to execute and accept conveyance from City. (Continued on page 2) (COMMUNITY DEVELOPMENT COMMISSION) Recommended Motion: Move to continue this matter to December 19, 1988. ~ Contact Person: Steven H. Dukett Phone: - 384-5081 3 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: None Project: SEIP Date: DECEMBER 5, 1988 Council Notes: SD:JH:SG:rm:1618H Agenda Item No. Lf Synopsis of Previous Commission/Council action: (continued) e. Motion authorizing execution of Subordination Agreement subordinating RDA Note, Trust Deed, and OPA to construction financing documents. f. Resolution 4901 authorized First Amendment to OPA. 05-02-88 Resolution 5111 authorizing Second Amendment to OPA. 07-05-88 Motion directing Counsel to prepare Notice of Default to Herbert T. Friedlander. 10-06-88 Redevelopment Committee Closed Session. 10-24-88 Community Development Commission continued matter to November 7, 1988. 11-07-88 Community Development Commission continued matter to December 5, 1988. JH:SG:rm:1618H 2 S T A F F R E P 0 R T Staff has met with Mr. Friedlander and is ready to recommend an agreement in which Mr. Friendlander would deposit $75.000 with the Agency as security for completion of the dealership. An agreement is currently being drafted and we expect to be able to present this to the Commission for consideration on December 19. 1988. JH:SG:rm:16l8H 3 REDEVELOPMENT AuENCY - REQUEST FOR COMMISSION/COUNCIL ACTION FROM: Steven H. Dukett. Executive Director SUBJECT: SEIP - RAIL REPAIR CONTRACTS DATE: NOVEMBER 28. 1988 Synopsis of Previous Commission/Council/Committee Action: 6/27/77 Agreement with AT&SF regarding maintenance of lead line and spurs. 6/20/88 Motion approved to repair Scotfoam spur. 11/23/88 Committee recommended approval of the following motions. (Community Development Commission) Recommended Motion: A) Move to approve reimbursement of $3.750.00 to Scotfoam for repair of spur to their facility. B) Move to approve Jimco as contractor to repair lead line crossing Victoria Avenue. which is estimated to cost $21.000.00. C) Move to approve Agency cancel all contracts with Santa Fe Railroad and all supplemental contracts with respective businesses. D) Move to approve increase in budget authority in order to make additional repairs in Fiscal Year 1988-1989; such authorit not to exceed $50.000.00. Contact Person: Steven H. Dukett Phone: 384-5081 Supporting data attached: Yes Ward: 1st FUNDING REQUIREMENTS: $74.750.00 Project: SEIP Date: December 5. 1988 Council Notes: ND:rm:1613H Agenda Item No. 5 S T A F F R E P 0 R T BACKGROUND In June, 1977, the Agency entered into an agreement with Santa Fe to provide rail access to several businesses located in the Southeast Industrial Park and State College Project Areas. In the following years, supplemental agreements pertaining to spurs off the lead line were executed. The following is a summarization of these agreements: Lead Li ne : June 27, 1977: Contract No. 153276 between Santa Fe and the Agency. This Contract provides for termination by either party on six months written notice. Upon such termination, Santa Fe has the right to remove the track. Undated: provides Agency's not have Rider to Contract (presumably the same date). This Contract for reimbursement to Agency based on the number of shipments from the facility. This may not have been implemented since the Agency does a fac i 1 ity. October 1, 1987: Supplemental Agreement "A" to Contract No. 153276. This Agreement replaces the original exhibit to reflect a longer track and replaces the previous rider to alter the reimbursement provisions. March 9, 1981: Letter revising Exhibit to Contract No. 153276. This letter confirmed that the maintenance of trackage as set out in the original contract also pertained to the spur tracks. June 1, 1981: Supplemental Agreement "B" to Contract No. 153276. This Agreement provided for a supplemental Exhibit "A" to reflect an increased track length. It also replaced the previously replaced rider with a revised reimbursement process. . Spur Lines: 1. California Wholesale Plywood, Inc. Line: A. August 25, 1987 - Contract No. 155784 between Santa Fe and the Agency. The Contract provided for termination by either party on six months written notice. Upon such termination, Santa Fe has the right to remove the track. In addition, an updated Rider to the Contract (presumably same date) provided for reimbursement to Agency based on number of shipments for Agency's facility. 2 16l3H B. May 15. 1980 - Jpp1ementa1 Agree nt (A) to Contract No. 155784. This Amendment added California Wholesale Plywood. Inc. as a third party to the August 25. 1978 Contract (No. 155784). This Supplemental Agreement does not contain a restriction on assignment by the third party so it should continue to the benefit of any successor business. The Supplemental Agreement provided for 30 days notice of termination. 2. Future Industries, Inc. Line: A. December 29, 1977 Contract No. 154852 between Santa Fe and the Agency. The Contract provided for termination by either party on six months written notice. Upon such termination, Santa Fe has the right to remove the track. B. Updated - Rider to Contract (presumably same date). This Rider provided for reimbursement to Agency based on number of shipments from Agency.s facility. C. December 29, 1977 - Supplemental Agreement to Contract No. 154852. This Agreement added Future Industries, Inc. as a third party to the December 29, 1977 Contract (No. 154852). This Supplemental Agreement does not contain a restriction on assignment by the third party so it should continue to the benefit of any successor business. However, it does provide for only thirty days notice of termination. 4. Kroehler Manufacturing Company Line: A. September 15, 1977 - Contract No. 153529 between Santa Fe and the Agency. The Contract provided for termination by either party on six months written notice. Upon such termination, Santa Fe has the right to remove the track. B. Updated - Rider to Contract (presumably same date). This Rider provided for reimbursement to Agency based on number of shipments from Agency's facility. C. September 15, 1977 - Supplemental Agreement to Contract No. 153529. This Agreement added Kroehler Manufacturing Company as a third party to the Contract No. 153529. This Supplemental Agreement does not contain a restriction on assignment by the third party, so it should continue to the benefit of any successor business. However, it does provide for thirty days notice of termination. 5. Scott Paper Line: A. June 27, 1977 - Contract No. 153275 between Santa Fe and the Agency. The Contract provided for termination by either party on six months written notice. Upon such termination Santa Fe has the right to remove the track. 3 1613H B. Updated - Rider co Contract (presulnably same date>. This Rider provided for reimbursement to Agency based on number of shipments from Agency's facility. C. December 1, 1980 - Supplemental Agreement to Contract No. 153275. This Agreement added Scott Paper as a third party to the Contract. This Supplemental Agreement does not contain a restriction on assignment by the third party, so it should continue to the benefit of any successor business. However, it does provide for thirty days notice of termination. 6. State College Line (not related to those above): A. March 12, 1979 - Contract No. 158017 between Santa Fe and the Agency. The Contract provided for termination by either party on six months written notice. Upon such termination, Santa Fe has the right to remove the track. B. Updated - Rider to Contract (presumably same date). This Rider provided for reimbursement to Agency based on number of shipments from Agency's facility. C. September 29, 1981 - Letter revising exhibit to Contract No. 158017. The purpose of the letter was to reflect the track "as built". D. October 16, 1981 - Form letter revising exhibit to Contract No. 158017. It is unclear, but this letter may be only an internal transmittal of the fully executed "Acknowledgment and Acceptance" of the September 29, 1981 letter. E. February 8, 1983 - Letter revising exhibit to Contract No. 158017. The purpose of this letter was to show an increased track length. RECOMMENDATION (A): REIMBURSEMENT TO SCOT FOAM Under Contract No. 153276 dated June 27, 1977 and by Supplemental Agreement dated December 1, 1980, the Agency agreed to maintain the spur line servicing Scotfoam Paper Company. In June. 1988. the Commission authorized the Agency to pay for repairs to a portion of the track servicing Scotfoam which had deteriorated to the point that Santa Fe would no longer deliver product to their facility. In October, 1988, Scotfoam again notified the Agency that another portion of the track needed repairs, as once again, a train had derailed, and Santa Fe refused to service their facility. The portion of the track needing repairs was further down the line from the previous repair work. 4 1613H ~-~~~- Staff contacted several, tractors for bid as follows: J. A. Placek Would not submit bid (Had backlog of work. could not start repairs for at least 6-8 weeks) Jimco $3.750.00 Wm. A. Smith Contracting Co. Would not submit bid (Office in E1 Cerrito; did not want to drive the distance) As before. due to the serious harm which could occur to Scotfoam's business under the circumstances. and in the interest of time. Scotfoam decided to pay for the repair of the siding and submit a bill to the Agency for reimbursement. The repairs have been completed to both staff's and Scotfoam's satisfaction and Scotfoam has now submitted an invoice (Attachment "A") for the repairs. It is staff's recommendation that the Committee recommend approval of a reimbursement of $3.750 to Scotfoam. RECOMMENDATION (B): REPAIR OF VICTORIA CROSSING By same Contract dated June 27. 1977 (as set out above). the Agency agreed to maintain the lead line servicing the spurs to several businesses. A portion of the lead line crossing Victoria Avenue has deteriorated. and businesses north of that intersection have not been able to receive product to their facil ity. (See Exhi bit "B"). Staff contacted the following contractors to obtain bids: J. A. Placek Would not submit bid (Had backlog of work. could not start repairs for at least 6-8 weeks) Jimco $13.500 + $75.00 a foot to renew road crossing x 100' or $21.000 total Wm. A. Smith Contracting Co. Would not submit bid (Office in E1 Cerrito; did not want to drive the distance) Staff met with representatives of Santa Fe and Jimco at the repair site. and both parties agreed that approximately 100' of the road crossing would need to be replaced. At least one business has experienced additional costs due to trucking materials that could not be shipped by rail. While the Agency is obligated to pay for the maintenance of the rail line. staff does not believe there is an obligation to pay for added costs while the line is being repaired. 5 1613H ---- ----.-- ~------ Staff, therefore, recommends that Jimco proceed with the repairs. However, Staff does not recommend that the Agency provide reimbursement for any added expenses. RECOMMENDATION (C): CANCELLATION OF CONTRACTS Staff has contracts between Santa Fe, the Agency. and respective businesses (see Exhi bit "c"). In revi ewi ng these contracts. it is noted that each contract can be terminated by either party upon written notice. The contract pertaining to the lead line (Exhibit "C") provides for termination by either party upon six months written notice. Supplemental contracts pertain to the spur lines off the lead line which service individual bus i nesses (Exhi bits "C-l" through "C-5"). The supp 1 ementa 1 agreements provide for termination by either party upon thirty days written notite. Staff has considered trying to form an assessment district or a property owner's association to deal with the problem of maintenance for the lead line. We believe we should try to leave this obligation with Santa Fe and let the market govern future rail service. The Agency would grant access easements to all owners down line. Staff recommends that letters be written to Santa Fe and to each business currently under a supplemental agreement giving notice of termination of these contracts. Staff will coordinate with Santa Fe and the businesses in order to make the transition as smooth as possible. RECOMMENDATION (D): AUTHORITY FOR ADDITIONAL REPAIR Because interruptions in service are costly to the businesses using the rail spurs and because the Agency currently has an obligation to maintain them, we suggest that the Commission authorize repairs in addition to those above which may be required during the six month termination process. This activity will reduce the business interruption time if additional repairs are required. Staff recommends that authority be granted to carry out repairs as they are required, but not to exceed $50,000. 6 l6l3H REDEVELOPML. AGENCY - REQUESl .JR COMMISSION/COUNCIL ACTION FROM: Steven H. Dukett. Executive Director SUBJECT: ROCKWELL INTERNATIONAL DATE: November 28. 1988 Synopsis of Previous Commission/Council/Committee Action: 3/10/88 Committee received and filed report on Rockwell financing. 3/21/88 Commission approved hiring appraiser to evaluate Thomason land and for staff to negotiate with Thomason estate representative Bob Holcomb. 5/2/88 Commission considered proposed hazardous waste clause; continued matter to May 9. 1988. 5/19/88 Committee received and filed information on proposed OPA. parking solutions and hazardous waste clause. 6/23/88 Committee received and filed draft OPA. (Continued on page 2) Recommended Motion: (Community Development Commission) A. Move that the Community Development Commission set a joint public hearing for 11:00 a.m. on December 19. 1988 to approve and rafity the final documents for the Lease and Option to Purchase with Rockwell International Corporation. (Mayor and Common Council) B. Move that the Mayor and Common Council set a jOint public hearing for 11:00 a.m. on December 19. 1988 to approve and ratify the final documents for the Lease and Option to Purchase with Rockwe~l International Corporation. Contact Person: Steven H. Dukett Phone: 384-5081 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: All funding Project: SEIP previously approved by CDC on 10/24/88 Date: December 5. 1988 Council Notes: JW:rm:1608H Agenda Item No. h Synopsis of Previous Commission/Council/Committee Action: (Continued) 10/6/88 Committee recommended that the Commission: A) Approve for execution an OPA, DDA, Lease And Option To Purchase, Edison Agreement, Declaration of Reciprocal Easement and Drainage Easement; B) Adopt a form motion finding that the Rockwell project is consistent with the Preferred Land Use Alternative; C) Approve the payment of $10,137 to Willdan Associates, for consulting engineering work on the parking lot. 10/24/88 Commission took the following actions: A) Resolution 5154 approved Owner's Participation Agreement. B) Resolution 5155 approved Disposition and Development Agreement. C) Resolution 5156 approved Lease And Option To Purchase. D) Resolution 5157 approved Edison Agreement. E) Resolution 5158 approved Declaration of Reciprocal Easement. F) Resolution 5159 approved Drainage Easement. G) Motion finding that Rockwell project is consistent with the Preferred Land Use Alternative. H) Motion approving payment of $15,937 to Willdan Associates, for consulting engineering work on the parking lot. 1608H 2 STI.'F REPORT Staff recommends that the Mayor and Common Council and the Community Development Commission set a joint public hearing for 11:00 a.m. on December 19. 1988. prior to adopting the final resolution for the Rockwell agreements. BACKGROUND On October 24. 1988. the Commission adopted the principal agreements for the Rockwell transactions. Under Section 33433 of the California Health and Safety Code. a joint public hearing and the adoption of a final resolution will be required to complete the matter. The recommended motions will set the public hearings for December 19. 1988 at 11:00 a.m. 1608H 3 "E~.JVELOPMENT AGENCY.~ ~EST FOR (. JMMISSION/COUNCIL A' _ DN From: STEVEN H. DUKETT, EXECUTIVE DIRECTOR Subject: AGENCY EMPLOYEES MEDICAL AND HOSPITAL CARE ACT pt: Redevelopment Agency Date: NOVEMBER 30, 1988 Synopsis of Previous Commission/Council action: 03-23-87 Mayor and Common Council approved City Resolution 87-83 amending Management and Confidential employee compensation and benefits which effected Redevelopment Agency employees. 07-13-87 Community Development Commission approved Resolution 5029 adopting the Redevelopment Agency of the City of San Bernardino Administrative Budget for the Fiscal Year July 1, 1987 to June 30, 1988 which included matters related to employee health care benefits. 08-20-87 Redevelopment Committee continued item on Health and Life Insurance until next Committee meeting. 09-24-87 Redevelopment Committee recommended approval of retroactive payment of health benefits for Agency employees and adjustment of employer's portion of health benefits effective July 1, 1987. (continued in next page) Recommended motion: (Community Development Commission) A) Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ELECTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO BE SUBJECT TO THE PUBLIC EMPLOYEE'S MEDICAL AND HOSPITAL CARE ACT AND FIXING THE EMPLOYER'S CONTRIBUTION AT AN AMOUNT GREATER THAN THAT PRESCRIBED BY SECTION 22825 OF THE GOVERNMENT CODE. B) Move to amend to increase the Redevelopment Agency of the City of San Bernardino Administrative Budget for FY 88/89 in the amount of $25,000.00 to provide continued health coverage at present level. Contact person: STEVEN H. DUKETT Supporting data attached: YES Phone: 383-5081 N/A Ward: FUNDING REQUIREMENTS: Amount: $ 25,000.00 Project: N/A No adverse Impact on City: Date: DECEMBER 5, 1988 r-r)uncil Notes: 1591R/JLV/mv 12-05-88 Agenda Item No. 7 Synopsis of Previous Commission/Council/Committee Action: (Continued) 10'-0'5-87 Approved retroactive pay to Redevelopment Agency employees for the period of July 1, 1987 to september 30, 1987 in the amount of $3,0'0'3.62 for the employee's cost of health insurance coverage. 10'-0'5-87 Amended and increased the Redevelopment Agency of the City of San Bernardino Administrative Budget for the Fiscal Year July 1, 1987 to June 3D, 1988 in the amount of $9,726 to provide full coverage of health insurance to Agency employees and his or her qualified dependents. 11-23-88 Redevelopment Committee recommended that Redevelopment Agency staff participate in the PERS Health Care Programs. -2- 1591R/JLV/mv 12-0'5-88 STAFF REPORT The adoption of the attached Resolution is necessary to conform with the recent actions taken by the Mayor and Common Council with regards to the Health Care Programs for City Employees. The Redevelopment Agency (RDA) staff will be eligible for the identical program approved for City Employees. The PERS health plans are administered by the same Board of Administration which manages the PERS retirement system. The Public Employees' Medical and Hospital Care Act was enacted in 1962 to provide medical insurance for active and retired employees of the State of California. In 1967, the act was amended to permit cities and other public agencies to participate as well. As of July 1, 1986, all contracting agencies may elect to contract for participation of all the Agency's members, or to contract for the members of one or more individual employee organizations. The types of health plans offered include a statewide indemnity plan, numerous HMOs (ie. Kaiser, Health Net, Cigna, and partners), and two Preferred Provider Organizations (PPOs). Local participating jurisdictions include the cities of Lorna Linda, Rialto, Pomona, Garden Grove, Burbank, Torrance, Carson, Barstow, Pasadena, and Upland, as well as California State University, San Bernardino. The Agency will contribute $16.00 to PERS a month for each program participant, .whether they are active or retired, in addition to a premium which will vary depending upon the individual plan selected by the employee, but will not exceed $354.00 per employee, per month. The contract with PERS is being planned to coincide with City's February 1, 1989 timetable for implementation. The City and PERS has informed RDA Staff that there will be no interruptions of benefits for RDA employees.. This change will not eliminate the need for the RDA's participation in the City's self-insured dental and vision plans now provided to RDA employees. The current premium for this benefit is $59.00 per employee. The actions recommended herein will also necessitate an amendment to the Agency's Administrative Budget for Fiscal Year 1988/89 (Line Item #501) to provide for a $25,000.00 increase. This amount is a conservative estimate. The actual amount will be a function of the individual plans selected by the employees. -3- 1591R/ JLV/mv 12-05-88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ELECTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TO BE SUBJECT TO THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AND FIXING THE EMPLOYER'S CONTRIBUTION AT AN AMOUNT GREATER THAN THAT PRESCRIBED BY SECTION 22825 OF THE GOVERNMENT CODE BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: WHEREAS, Government Code Section 22850 provides the benefits of the Public Employees' Medical and Hospital Care Act (Government Code Section 22751, et seq.) to employees of local agencies contracting with the Public Employees' Retirement System on proper application by a local agency; and WHEREAS, Section 22825.6 of the Act provides that a local contracting agency shall fix the amount of the employer's contribution; and WHEREAS, the Redevelopment Agency of the City of San Bernardino, hereinafter referred to as "Public Agency" is a local agency contracting with the Public Employees' Retirement System; and WHEREAS, the Public Agency desires to obtain for its 21 employees and annuitants the benefits of the Act and to accept 22 the liabilities and obligations of an employer under the Act and 23 Regulations; 24 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 25 1. The Public Agency does hereby elect to be subject to 26 the provisions of the Act. 27 28 DAB:cez November 30, 1988 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION ELECTING TO BE SUBJECT TO THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT 2. The employer's contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan or plans. 3. The Commission does hereby appoint and direct the Executive Director of the Agency to file with the Board of Administration of the Public Employees' Retirement System a verified copy of this Resolution, and to perform on behalf of said public agency, all functions required of it under the Act and Regulations of the Board of the Board of Administration. 4. Coverage under the Act shall be effective on February 1, 1989. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the day of , 1988 by the following vote, to wit: AYES: Commissioners NAYS: ABSENT or ABSTAIN: Secretary DAB:cez November 30, 1988 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION ELECTING TO BE SUBJECT TO THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT The foregoing resolution is hereby approved this day of " 1988. Chairman of the Community Development Commission of the City of San Bernardino Approved as to form and legal content: DAB:cez November 30, 1988 3 REDEVELOPMENT AGE~\'( - REQUEST FOR Cu~MISSION/COUNCIL ACTION FROM: Steven H. Dukett, Executive Director SUBJECT: YWCA DATE: NOVEMBER 30, 1988 Synopsis of Previous Commission/Council/Committee Action: 07/10/75 Adopted Resolution #3070 authorizing execution of all documents regarding relocation of 1) County Facilities, 2) YWCA Facilities and 3) SAFECO Title Insurance. 10/23/75 Adopted Resolution #3123 authorizing rehabilitation of the County Agriculture Building for temporary occupancy of YWCA. 09/19/83 Adopted Resolution #4512 to install new roofing 02/06/84 Adopted Resolution #4576 to sell building to YWCA 04/09/84 Adopted Resolution #4593 to convey adjacent land to State of California. (continued on page 4) (MAYOR AND COMMON COUNCIL) Recommended Motion: A) Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THAT CERTAIN PROPERTY IDENTIFIED AS APN 135-061-10, LOCATED AT 566 NORTH LUGO AVENUE WITHIN THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA, BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO (HEALTH AND SAFETY CODE SECTION SECT ON 33433) and specify that the purchase price shall be $26,071. (continued on page 2) Contact Person: Steven H. Dukett Phone: Ward: 384-5081 Supporting data attached: Yes 1st FUNDING REQUIREMENTS: Yes Project: CCE Date: DECEMBER 5, 1988 Council Notes: SHD:SG:sm:4659G Agenda Item No. g B) Move to adopt a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETHEEN THE REDEVELOPMENT AGENCY AND YOUNG HOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. (CENTRAL CITY EAST PROJECT AREA); to specify that the purchase price will be $26,071; to substitute, by interde1ineation, the words "residents of San Bernardino and surrounding areas" for the word "youth" in paragraph A of Section 16 of the Disposition and Development Agreement, in the paragraph numbered 1 on the second page of the Grant Deed, and in subpart 1 of Section 2(a) on the same page of the Grant Deed; and to change, by interde1ineation, Section 23 of said Agreement and paragraph 4 of the Grant Deed to read "...sha11 have the option to repurchase said property for $26,071 plus the fair market value at the time of repurchase of all improvements built on the premises by the YHCA in compliance with the City's codes and regulations." (COMMUNITY DEVELOPMENT COMMISSION) C) Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETHEEN THE REDEVELOPMENT AGENCY AND YOUNG HOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. (CENTRAL CITY EAST PROJECT AREA); to specify that the purchase price will be $26,071; to substitute, by interde1ineation, the words "residents of San Bernardino and surrounding areas" for the word "youth" in paragraph A of Section 16 of the Disposition and Development Agreement, in the paragraph numbered 1 on the second page of the Grant Deed, and in subpart 1 of Section 2(a) on the same page of the Grant Deed; and to change, by interde1ineation, Section 23 of said Agreement and paragraph 4 of the Grant Deed to read "...sha11 have the option to repurchase said property for $26,071 plus the fair market value at the time of repurchase of all improvements built on the premises by the YHCA in compliance with the City's codes and regulations." *** OR *** (MAYOR AND COMMON COUNCIL) D) Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE HITH THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE YOUNG HOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNARDINO, RELATING TO LEASE OF SPACE, and to delete, by interde1ineation, paragraph 3 of Section 7 of the Lease. SHD:SG:sm:4659G 2 (COMMUNITY DEVELOPMENT COMMISSION) E) Move to adopt a RESOLUTION THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. THE CITY OF SAN BERNARDINO. AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNARDINO. and to delete. by interdelineation. paragraph 3 of Section 7 of the Lease. SHD:SG:sm:4659G 3 Synopsis of Previous Commission/Council action: (continued from page 1) 05/09/84 Adopted Resolution #84-176 authorizing vacation of Lugo Street adjacent to YWCA Bldg. 03/07/85 Adopted Resolution #4735 to grant easement to Southern California Edison. 09/22/86 Motion to set Public Hearing for October 20, 1986. 10/20/86 Adopted Resolution #86-442 approving sale of property to YWCA. 10/20/86 Adopted Resolution #4942 authorizing and directing execution of DDA. 02/02/87 Commission directed that City consider waiving fees for YWCA rehab -- with YWCA obtaining permit as tenant. Commission further approved reimbursement to YWCA for Workman's Compensation Insurance up to $2500. 02/09/87 Mayor and Common Council authorized (by motion) Agency to obtain building permits as owner/builder for rehab of YWCA Bldg. and waived fees required. 02/16/87 Community Development Commission authorized the Executive Director to sign on behalf of the RDA as owner/builder for the YWCA remodeling with all City fees being waived. 10/08/87 Set Joint Public Hearing of Mayor and Common Council and Community Development Commission for October 19, 1987. 10/19/87 Mayor and Common Council/Community Development Commission continued Public Hearing to November 16, 1987, and referred to Redevelopment Committee for review. 10/19/87 Mayor and Common Council instructed Parks and Recreation Department to contact State of California for preparation of Lease Agreement for use of park land for Teddy Bear Tymes. . 11/16/87 Public Hearing continued to 12/21/87. ~taff and Counsel directed to research lease. 01/04/88 Community Development Commission directed staff to begin procedures needed to convey property to the City of San Bernardino for $1.00. 02/01/88 Motion to Set Joint Public Hearing for March 10, 1988. at 11:00 a.m., Authorized RDA staff to retain $5,000 deposit by YWCA pending negotiations. 03/07/88 Resolution 88-80 and 5098 authorized Lease between the Redevelopment Agency, City and YWCA. Authorized return of $5,000 deposit. 04/27/88 Redevelopment Committee reviewed letter from YWCA regarding lease terms. Referred to YWCA Ad Hoc Committee. JER:SG:sm;4659G 4 Synopsis of Previous Commis, In/Council actio!.. (continued) 08/29/88 YWCA Ad Hoc Committee recommended sale and referred to Ways and Means Committee to determine sales price. 09/06/88 Set Joint Public Hearing to consider sale for September 19. 1988. 09/19/88 Joint Public Hearing continued to Monday. October 3, 1988. 09/26/88 Ways and Means Committee continued to October 10. 1988. 10/03/88 Redevelopment Agency and City staff directed to research and to prepare an in-house analysis of 1976-property values to assist in the determination of a sales price. Joint Public Hearing continued to November 21. 1988. 10/10/88 Ways & Means Committee recommended lease with YWCA with reduced insurance requirements. 10/24/88 Set Joint Public Hearing to consider lease for November 21. 1988. Staff instructed to retain $5.000 until further notice by Community Development Commission. 11/21/88 Continued Joint Public Hearing to December 5. 1988, staff instructed to notify YWCA representatives of new date and time. SHD:SG:sm:4659G 5 S T A F F R E P 0 R T In early 1975, the Redevelopment Agency purchased the previous YHCA site at 5th and Arrowhead Avenue and relocated the YHCA offices to the former County Agriculture building on lugo Street. From October 1975 to February 1979, the Agency leased the Agricultural Building site from the County in order to sub-lease it to the YHCA. The lease provided for the eventual transfer of the property to the Agency and in May of 1981, the Redevelopment Agency acquired ownership of the parcel. In the summer of 1983, the YHCA approached the Agency about purchasing the property for $5,000. On October 20, 1986, the Commission approved the sale of the facility for $5,000 plus reimbursements and repayment of advances made by the Redevelopment Agency to pay for utilities, roof repairs and the boiler or a total of $34,203. The YHCA did not execute the sale agreement because they were undergoing a reorganization and then were unable to make the $350 per month payments required in the agreement. On March 3, 1988, the Commission approved a 50-year lease beginning January 1, 1976 and ending December 31, 2025 for $1 per year. The YHCA could not sign the lease because they could not accept the insurance provisions. Resolution of the issue to lease or sell was referred to various committees including the YHCA Ad Hoc Committee, the Redevelopment Committee, and the Hays and Means Committee. Staff was directed to estimate a value for the facility as it existed in 1976. Based upon the limited information available to us we believe the 1976 value would be on the order of $275,000. The current situation is that the YHCA has now agreed to either buy or lease the property, subject to the conditions of their attorney's letterof October 27, 1988 (attached). The Commission has adopted conflicting resolutions, one for sale and one for lease. In order to resolve this ~atter, we therefore recommend that the Commission/Council finally se1~ct one of the two approaches. SALE OPTION Under the original concept (as approved by the Commission/Council on October 20, 1986) the proceeds of the sale will now be $26,071. This 1s because the YHCA has already made full payment of outstanding utility bills. Under the option to repurchase, an equitable arrangement would be for the Agency to pay an amount equal to the sales price plus the fair market value (at the time of repurchase) of any improvements made by the YHCA during its occupancy. Because the YHCA serves adults as well as youth, the YHCA has suggested changing "youth" to "residents of San Bernardino and surrounding areas". Adopting recommended motions A), B), and C) will approve the sales option with these changes. SHD:SG:sm:4659G 6 LEASE OPTION Section 7 of the attached lease agreement provides that the YWCA will provide Combined Single Limit liability insurance in the amount of $1,000,000. In addition, any sublessee for day care services will provide a separate $1,000,000 policy. Based upon the YWCA letter, however, it will be necessary to delete the third paragraph of Section 7 which would cancel the lease at the end of three years if the parties cannot agree to modifications in the insurance limits. Recommended motions D) and E) will authorize the lease with this change. SHD:SG:sm:4659G 7 S& .AIJD ......IIA)I ..oa D. _DO nw. .. ..YMD. UI .--. C. JIOUJI .. WlWAJI TIlDa <lAIrD I.GOOD au.1 .. ClI1'OIC. TBOIUI .. ...co_ow ftIPBAIf O. MLUOJl _EIIT W. ~..'"'. _Ill aaAXUrr COC.... ",OIDf .. IleUOUT ...TIlI ..lIUIUCI ...IT I. IIPPEJQIu.o. adT w. .mulE ~lla J. .ICIIUN IIICUUl D. IUIICI. PATIIICI O. 1OTC.E1.L GftESBAX. RNEft. SAVAGE. NOL_< . TILDEN LAW OJPPICES eoo JlOIlTll .ut.OWBJLU) AYZKUt.IIl1ITt BOO aA1f BtIlNAaDDfO. CALlPOJDI'IA 88401 . (7M) eN-an. (7I4)8IM-eeu IlC*I.LD w. oJOIUWI CIP COUIIIIL TlUCOPl.. (714) "1-Il18O October 27, 1988 . City of San Bernardino CITY ATTORNEY'S OFFICE 300 North "0" Street, Room 668 San Bernardino, California 92410 <;~ - l~ ik Attn: Dennis A. Barlow, Senior Assistant City Attorney Re: YWCA Memorandum of Lease Dear Mr. Barlow: Set forth below are my comments as to both a sale or lease JH of the property to the YWCA. It is my opinion that the sale of ME the property is in the best interest interest of all concerned, BL and I will, therefore, set forth my comments and suggestions ~ concerning the said documents first, and my comments and GC suggestions as to the leasehold arrangement second. ') ~ 4 ~ 1. Sale of Property to YWCA. I believe the purchase price~ should be based on the $34,204.00 arrived at with the Redevelopment Agency in 1986. Enclosed is a copy of a FebruarYORI~~~ 4, 1987, letter from the Redevelopment Agency, page 2 of which ROUTE~ shows how that figure was arrived at. --- The YWCA has now paid off the past due utilities reducing the figure to $26,070.60. After being given credit for the $5,000.00 prior payment, that leaves $21,070.60 remaining to be paid. These figures should be inserted, where indicated, in the Disposition and Development Agreement, the Secured Promissory Note, Exhibit "E" (Obligations of Agency), and Exhibit "F" (Obligations of Redeveloper). I suggest that the Loan Amortization Schedule be done on a similar basis as the one attached to the 1987 documents, which provided for payoff over about 13 years with increasing monthly payments on into the future. ~ ~ G. ~IUM, VABNEB, SAVAGE, WOUN . nLDEN LAW OPPlCIlS CITY ATTORNEY'S OFFICE October 27, 1988 Page 2 Page 11 of the Disposition and Development Agreement contains language as to permissible use of the premises by the YWCA ("the Redeveloper"). Since the YWCA serves other than just youths, it is suggested that the word "youth" at the end of the first sentence of paragraph A. of Section 16 be deleted and replaced by the words "residents of San Bernardino and surrounding areas". As to Section 23 of the Disposition and Development Agreement, the California Corporation Code uses the designation "non-profit" rather than "not-for-profit". Additionally, I suggest that further changes be made in this section in setting forth the buyout value in the event of such a conveyance. Set forth below is my suggestion as to the text of Section 23: Should the Redeveloper convey the the property, which is the subject of this Agreement, or enter into escrow to convey said property at any time in perpetui ty to any Grantee other than a non-profit charitable organization which is committed and legally required to use the property as required by paragraph 16.A. of this Agreement, the Agency, its assigns and successors-in-interest shall have the option to repurchase said property at an amount equal to the fair market value of said property on January 1, 1976, plus the fair market value at the time of purchase of all improvements on the premises. In paragraph numbered 1 on the second page of the Grant Deed as well as subpart 1 of Section 2(a) on said page, the word "youth" at the end of the first sentence of each provision should be deleted and replaced by the words "residents of San Bernardino and surrounding areas". Paragraph 4 of the Deed should be modified in the same manner as I suggested for Section 23 of the Disposition and Development Agreement. 2. Leasehold Arrangement. Enclosed herewith please find a Memorandum of Lease I have prepared to document the lease between the YWCA and the City of San Bernardino. Changes from the proposal provided by your office ("City Proposal" Lease) are noted on an enclosed copy of it as well as on the enclosed copy of my Memorandum of Lease. I. . .. . Co &BAX, VAlINER, SAVAGE, NOLAN. TILDE}.. loA" OPl'ICEI CITY ATTORNEY'S OFFICE October 27, 1988 Page 3 Many provisions were reorganized and duplicative provisions were either eliminated or combined in the Memorandum. I will describe below some of the major revisions in the Memorandum: The change of format to a Memorandum of Lease and the addition of the Recitals are made in order to reflect the fact that this is a Memorandum of a Lease existing since 1975 or 1976. Similarly, some other language changes have been made at various places to be consistent with this. The language conc~rning the renewal terms of the Lease, as set forth in the Lease Agreement signed in 1975 by Mayor Bolcomb, has been re-inserted at the end of paragraph 2 of the Memorandum, slightly revised. Provisions concerning building and improvements have been relocated to paragraph 5 of the Memorandum. The introductory sentence of paragraph 5 has been expanded to make it clear that the premises may be used by other than legal residents of the Ci ty of San Bernardino or YWCA members. New language in subparagraph (a) of paragraph 5 of the Memorandum clarifies that although the building and improvements are part of the real property, they (and the liability for them) remain the responsibility of Lessee. The insurance language has been somewhat clarified and appears in paragraph 6 of the Memorandum. The language as to war damage, shock, and earthquake insurance deleted. Also, the fourth paragraph of paragraph 6 of the City Proposal providing for review of the insurance amounts every three years has been deleted. In view of the original concept of this Lease, and the fact that a fund creating the value of all present buildings was derived from the YWCA and other resources it obtained, in paragraph 7 of the Memorandum (revised from paragraph 9 of the City Proposal), the insurance proceeds are stated as. passing to Lessee rather than Lessor in the event of a destruction of these improvements. Similarly, as set forth in paragraph 8 of the Memorandum, the City is to compensate the YWCA for any termination of the Lease for the value of its buildings and improvements, and in paragraph 9 any condemnation awards for the building and improvements should be paid to the YWCA. OPltSIU.K, VdNEB. SAVAGE, KOLAN Ie TILDEN . LAW OPPICU CITY ATTORNEY'S OFFICE October 27, 1988 Page 4 Paragraph 12 of the Memorandum is the same as paragraphs 15 and 24 of the City Proposal, except that a sentence is added to the effect that short term room rentals are deemed approved and need no individual approval by the City. I look forward to hearing from you concerning these documents at your earliest convenience. of .JIJ- PMS/mlw Enclosures 1 2 3 4 5 6 7 8 9 10 11 12 '13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THAT CERTAIN PROPERTY IDENTIFIED AS APN 135-061-10, LOCATED AT 566 NORTH LUGO AVENUE WITHIN THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA, BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO (HEALTH AND SAFETY CODE SECTION SECTION 33433). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLLOWS: SECTION 1. Recitals. A. The Community Developemnt Commission of the City of San Bernardino (hereinafter "Commission") proposes to sell to the Young Women's Christian Associaton of Greater San Bernardino (hereinafter "Developer"), that certain parcel of property identified as APN 135-061-10, located at 566 North Lugo Avenue within the Central City East Redevelopment Project Area, the legal description of which is set forth in Exhibit "A" attached hereto and incorporated herein by reference as though fully set forth in full for the sum of $ B. Notice of the time and place of hearing has been given as required by law. C. The Commission has made available for public inspection and copying a summary of financial aspects of the proposed sale. D. The summary of financial aspects represents that the fair market value of the interest to be conveyed by the Commission, determined at the highest use permitted for such property is $ E. All hearings have been held as required by Health and DAB:cez November 15, 1988 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Safety Code Section 33433. SECTION 2. Determination. Based upon the representations of the Commission, it is found and declared that the consideration for the real property described above, in accordance with covenants and conditions governing the sale, is not less than the fair market value of the property determined at the highest use permitted under the plan for the Central City East Project Redevelopment Area. SECTION 3. Approval. The Mayor and Common Council of the City of San Bernardino hereby approve the sale of said property upon the terms and conditions set forth in this resolution and the summary of financial aspects. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1988, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk III III III III III DAB:cez November 15, 1988 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF PROPERTY BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATON OF GREATER SAN BERNARDINO The foregoing resolution is hereby approved this day of , 1988. Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and legal content: ~ 28 DAB:cez November 15, 1988 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND COMMON COUNCIL QF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. (CENTRAL CITY EAST PROJECT AREA) BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: WHEREAS, the Redevelopment Agency of the City of San Bernardino, California (the "Agency") and the Young Women's Christian Association of Greater San Bernardino, Inc. (the "Redeveloper") have proposed to enter into a certain Disposition and Development Agreement (the "Agreement") by and between the Agency and the Redeveloper concerning certain real property (the "Property") located within the area (the "Project Area") subject to the Central City East Redevelopment Plan (the "Redevelopment Plan"); and WHEREAS, the Mayor and Common Council of the City of San Bernardino have duly conducted a public hearing concerning the proposed Agreement in accordance with Health and Safety Code Section 33433, and have considered all evidence and testimony submitted to the Mayor and Common Council pertinent thereto; and WHEREAS, at the time of approving the Redevelopment Plan, the Mayor and Common Council approved and certified an Environmental Impact Report (the "EIR") by Resolution No. 12393 adopted on April 19, 1976, and the Mayor and Common Council are relying upon the EIR for purposes of considering the approval of the proposed Agreement; and WHEREAS, the Mayor and Common Council have determined that DAB:cez September 12, 1988 1 1 2 3 4 5 6 7 8 9 10 11 12 .13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 it is reasonable and appropriate for the Agency to enter into the proposed Agreement. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. The Mayor and Common Council hereby determine that the project described in the proposed Agreement is adequately described in and covered by the EIR, that the project described in the proposed Agreement does not constitute a change in the Redevelopment Plan for which the EIR was prepared, that there are no new significant environmental impacts concerning the proposed project not considered in the EIR, and that there are no substantial changes with respect to the circumstances under which the project will be undertaken which occurred following the certification of the EIR. The Mayor and Common Council hereby rely upon the EIR for purposes of considering the approval of the proposed Agreement. Section 2. The Mayor and Common Council hereby find and determine that the purchase price for the Property is the fair market value thereof. To the extent that the purchase price for the Property may be deemed to be less than the fair market value thereof, the Mayor and Common Council hereby find that the lesser consideration is needed to effectuate the purposes of the Redevelopment Plan in that the Redeveloper would otherwise not acquire the Property for redevelopment and use in accordance with the Redevelopment Plan. The sale of the Property for less than DAB:cez September 12, 1988 2 1 2 8 4 5 6 7 8 9 10 11 12 : 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the fair market value thereof will assist in causing the elimination of blight, create employment opportunities, stimulate aesthetic improvement and an increase in real property value of the Property and nearby property, and will cause the generation of revenues to the City and the Agency. Section 3. The Mayor and Common Council hereby approve the proposed Agreement as attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. This Resol ution shall take effect upon adoption. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1988, by the fOllowing vote, to wit: AYES: NAYS: ABSENT: Council Members City Clerk DAB:cez September 12, 1988 3 1 2 3 4 5 6 7 8 9 10 11 12 ..13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The foregoing resolution is hereby approved this of , 1988. day Evlyn Wilcox, Mayor City of San Bernardino Approved as to form a legal content: DAB:cez September 12, 1988 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ACTING ON BEHALF OF ~HE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. (CENTRAL CITY EAST PROJECT AREA) BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: WHEREAS, the Redevelopment Agency of the City of San Bernardino, California (the "Agency") and the Young Women's Christian Association of Greater San Bernardino, Inc. (the "Redeveloper") have proposed to enter into a certain Disposition and Development Agreement (the "Agreement") by and between the Agency and the Redeveloper concerning certain real property (the "Property") located within the area (the "Project Area") subject to the Central City East Redevelopment Plan (the "Redevelopment Plan"); and WHEREAS, the Community Development Commission of the City of San Bernardino (the "Commission"), on behalf of the Agency, has duly conducted a public hearing concerning the proposed Agreement in accordance with Health and Safety Code Section 33431, and has considered all evidence and testimony submitted to the Commission pertinent thereto; and WHEREAS, the Mayor and Common Council of the City of San Bernardino have duly conducted a public hearing concerning the proposed Agreement in accordance with Health and Safety Code Section 33433, and have approved the Agreement in accordance therewith; and DAB:cez September 12, 1988 1 1 2 WHEREAS, at the time of approving the Redevelopment Plan, 3 the Agency approved and certified an Environmental ~mpact Report 4 (the "EIR") by Resolution No. 3193 adopted 'on April 19, 1976, 5 and the Commission is relying upon the EIR for purposes of 6 considering the approval of the proposed Agreement; and 7 WHEREAS, the Commission has determined that it is 8 reasonable and appropriate for the Agency to enter into the 9 proposed Agreement. 10 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION ACTING lIoN BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN 12 BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: ",13 Section 1. The Commission hereby determines that the 14 project described in the proposed Agreement is adequately 15 described in and covered by the EIR, that the project described 16 in the proposed Agreement does not constitute a change in the 17 Redevelopment Plan for which the EIR was prepared, that there are 18 no new significant environmental impacts concerning the proposed 19 project not considered in the EIR, and that there are no 20 substantial changes with respect to the circumstances under which 21 the project will be undertaken which occurred following the 22 certification of the EIR. The Commission hereby relies upon the 23 EIR for purposes of considering the approval of the proposed 24 Agreement. 25 Section 2. The Commission hereby finds and determines 26 that the purchase price for the Property is the fair market value 27 thereof. To the extent that the purchase price for the Property 28 DAB:cez September 12, 1988 2 1 2 may be deemed to be less than the fair market value thereof, the 3 Commission hereby finds that the lesser cOnSiderat~on is needed 4 to effectuate the purposes of the Redevelopment Plan in that the 5 Redeveloper would otherwise not acquire 'the' Property for 6 redevelopment and use in accordance with the Redevelopment Plan. 7 The sale of the Property for less than the fair market value 8 thereof will assist in causing the elimination of blight, create 9 employment opportunities, stimulate aesthetic improvement and an 10 increase in real property value of the Property and nearby 11 property, and will cause the generation of revenues to the City 12 and the Agency. 13 Section 3. The Commission hereby approves the proposed 14 Agreement as attached hereto as Exhibit "An and incorporated 15 herein by reference. The Chairman and Secretary of the 16 Commission are hereby authorized and directed to execute the 17 Agreement for and on behalf of the Agency, with such 18 nonsubstantive changes thereto as may be approved by the Chairman 19 and Agency Counsel. 20 21 22 23 24 25 26 27 28 Section 4. This Resolution shall take effect upon adoption. Approved as to form and legal content: AGENCY COUNSEL BY~ ./ ennis . Barlow DAB:cez September 12, 1988 3 1 2 may be deemed to be less than the fair market value thereof, the 3 Commission hereby finds that the lesser consideration is needed 4 to effectuate the purposes of the Redevelopment Plan in that the 5 Redeveloper would otherwise not acquire the Property for 6 redevelopment and use in accordance with the Redevelopment Plan. 7 The sale of the property for less than the fair market value 8 thereof will assist in causing the elimination of blight, create 9 emploYment opportunities, stimulate aesthetic improvement and an 10 increase in real property value of the Property and nearby 11 property, and will cause the generation of revenues to the City 12 and the Agency. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 3. The Commission hereby approves the proposed Agreement as attached hereto as Exhibit "A" and incorporated herein by reference. The Chairman and Secretary of the Commission are hereby authorized and directed to execute the Agreement for and on behalf of the Agency, with such nonsubstantive changes thereto as may be approved by the Chairman and Agency Counsel. Section 4. This Resolution shall take effect upon adoption. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a regular meeting thereof, held on the day of , 1988 by the following vote, to wit: DAB:cez September 12, 1988 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT WITH THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. (CENTRAL CITY EAST PROJECT AREA) AYES: Commissioners NAYS: ABSENT or ABSTAIN: Acting Secretary The foregoing resolution is hereby approved this day of , 1988. Chairman of the Community Development Commission of the City of San Bernardino Approved as to form and legal content: AGENCY COUNSEL By:~J /Dennis . Barlow 28 DAB: cez September 12, 1988 2 Recording Requested by, and when Recorded Mail to: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 300 North "D" Street, 4th Floor San Bernardino, CA 93418 (ABOVE SPACE FOR RECORDER'S USE ONLY) DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. (CENTRAL CITY EAST PROJECT AREA) REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DISPOSITION AND DEVELOPMENT AGREEMENT CENTRAL CITY EAST PROJECT AREA THIS AGREEMENT is made and entered into this ___ day of 1988, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, a public body corporate and politic, hereinafter called the "Agency", and the YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC., a California non-profit corporation, hereinafter called the "Redeveloper". RECITALS This Agreement is made with reference to the following facts: (a) In furtherance of the objectives of the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000, et seq.), the Agency has undertaken a program for redevelopment of blighted areas in the City of San Bernardino, California (the "City"), and, in this connection, pursuant to Ordinance No. 3571 of the City, adopted May 3, 1976, the City and the Agency have approved and adopted the Redevelopment Plan (hereinafter called the "Redevelopment Plan") for the Central City East Redevelopment Project (the "Project"). Pursuant to the provisions of the Redevelopment Plan, the Agency and the City have undertaken and are now carrying out the responsibility for the Project in the area subject to the Redevelopment Plan (hereinafter called the "Project Area"). The DAB:cez October 11, 1988 2 boundaries of the Project Area are described in the Redevelopment Plan which, by this reference, is incorporated herein and made a part hereof. (b) That certain parcel of real property more particularly described in Exhibit "A", attached hereto and by this reference made a part hereof (hereinafter called the "Property"), is located within the Project Area, and under the Redevelopment Plan may be developed for private use. (c) The Redeveloper has made an offer to purchase and to redevelop the Property in accordance with the uses specified in the Redevelopment Plan. It is recognized that it may be . necessary to modify the actual improvements currently located on the Property, and such modifications will be subject to the approval of the Agency. (d) The agency has considered all pertinent data and analysis, including the reports of its consultants and the reports and recommendations of its staff, and the Agency believes that the redevelopment of the Property, pursuant to the provisions of this agreement, is in the best interests of the City, will cause employment growth, and the elimination of blight, will enhance real property values and the public health, safety and welfare, and is in accord with the public purposes and provisions of applicable laws and regulations under which the Project is governed. (e) Pursuant to the provisions of California Health and Safety Code Sections 33431 and 33433, the Agency and the DAB:cez October 11, 1988 3 Mayor and the Common Council of the City gave notice and held 'public hearings concerning the approval of this Agreement, and the Agency and the Mayor and Common Council of the City have approved the execution of this Agreement and have determined that the method of disposition of the Property as provided in this Agreement is the most effective method for accomplishing the objectives of the Agency. (f) On the basis of the foregoing, and the undertakings of the Agency and the Redeveloper under this agreement, the Agency desires to sell and Redeveloper desires to purchase the Property in accordance with the provisions of the Redevelopment Plan and this Agreement. NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: 1. Purchase and Sale of Property A. Subject to all terms, covenants, and conditions of this Agreement, the Agency agrees to sell the Property to the Redeveloper and the Redeveloper agrees to purchase the Property from the Agency for a total acquisition price of $ (hereinafter called the "Purchase Price"). The sum of Five Thousand Dollars ($5,000) of the Purchase Price has heretofore been paid by the Redeveloper to the Agency; the Redeveloper's covenant and obligation to pay to the Agency the remaining ($ ) of the Purchase Price shall be evidenced by a certain promissory note (hereinafter called the "Note") secured DAB:cez October 11, 1988 4 by deed of trust (hereinafter called the "Deed of Trust"), which shall be executed by the Redeveloper substantially in form and substance as set forth in Exhibits "B" and "C" which are by this reference made a part hereof. Within ten (10) calendar days following the date of this Agreement, the Redeveloper shall execute and deposit the Note and Deed of Trust into the escrow hereinafter described. 2. Opening of Escrow. In order to consummate the sale of the Property pursuant to this Agreement, the parties shall cause an escrow (the "Escrow") to be opened with First American Title Insurance Company (the "Escrow Agent") within five (5) business "days from the date of this Agreement. The close of Escrow shall occur and all obligations of the parties required to be performed, prior to the close of Escrow hereunder, shall be completed not later than sixty (60) days thereafter. 3. Condition for Close of Escrow. The close of Escrow, the Redeveloper's obligation to purchase the Property and the Agency's obligation to sell the Property, pursuant to this Agreement, are conditioned upon: (a) The conveyance to the Redeveloper of good and marketable title to the Property by means of a grant deed substantially in the form and substance as set forth in Exhibit "D" attached hereto and incorporated herein by reference, subject to any and all encumbrances of record as may exist as of the date of this Agreement and subject to all documents to be recorded pursuant to this Agreement including, but not limited to, (1) DAB:cez October 11, 1988 5 that certain Declaration of Restrictions (the "Declaration") recorded as Document No. 82-163589 in August, 1982 in the Office of the Recorder for San Bernardino County; (2) this Agreement; (3) the Redevelopment Plan; and (4) the Deed of Trust. (b) Delivery of possession of the Property to the Redeveloper "as-is", in its condition as of the date of this Agreement, immediately on the close of Escrow. (c) The Redeveloper's deposit into Escrow of the Note and Deed of Trust fully executed by the Redeveloper. 4. Failure of Conditions. Should any of the conditions, specified in Section 3 of this Agreement, fail to occur on or . before the date set for close of Escrow as provided in Section 2 of this Agreement, the party who is the beneficiary of the condition shall have the authority to be exercised by giving written notice to the Escrow Agent and to the other party, to cancel the Escrow, to terminate this Agreement, and to recover any amounts paid to, or documents deposited with, the Escrow Agent on account of the purchase and sale of the Property hereunder. The exercise of such authority shall not, however, constitute a waiver of any other rights which that party may have for any breach of this Agreement. The Escrow Agent shall be, and is hereby, irrevocably instructed by the parties to return immediately to each party, on any such failure of conditions and receipt of such notice from any party, all documents deposited with the Escrow Agent pursuant to this Agreement. DAB:cez October 11, 1988 6 5. Joint Escrow Instructions. This Agreement shall constitute joint escrow instructions of the Agency and the redeveloper for the sale of the Property hereunder. The Agency and the Redeveloper agree to execute any and all reasonable and appropriate additional escrow instructions and to perform any and all reasonable and appropriate acts as may be necessary in order to expedite and facilitate the close of the Escrow hereunder. 6. Proration of Taxes. There shall be prorated between the Agency and the Redeveloper on the basis of thirty (30)- day/months as of twelve o'clock midnight Pacific Time on the date of the close of Escrow, any and all real property taxes levied or : assessed against the Property, including any water tax or water rate levied against the Property, as shown on the latest available tax bills. 7. Commissions. The Agency and the Redeveloper, respectively, represent and warrant that the Agency and the Redeveloper, respectively, have not retained or used the services of a real estate broker or other agent for purposes of undertaking the purchase or sale of the Property hereunder. Any and all commissions due to real estate brokers or other brokers as a result of the sale of the Property to the Redeveloper hereunder shall be paid by any party which as retained or used the services of any such real estate or other broker. 8. Escrow Costs. The expenses of Escrow shall be paid in the following manner: (a) The full cost of securing any title insurance DAB:cez October 11, 1988 7 policy shall be paid by the Redeveloper. (b) The cost of preparing, executing and acknowledging any deeds or other instruments required to convey title to the Property to the Redeveloper in the manner described in this Agreement shall be paid by the Agency. (c) The cost of recording a grant deed or other instruments required to convey title to the Property to the Redeveloper in the manner described in the Agreement shall be paid by the Agency. (d) Any tax imposed upon the conveyance to the Redeveloper of title to the Property under the Documentary . Transfer Tax Act shall be paid by the Redeveloper. (e) Any Escrow fees charged by the Escrow Agent in addition to the foregoing shall be paid by the Agency and by the Redeveloper in equal proportions. 9. Escrow Account. All funds in the Escrow shall be deposited with other Escrow funds in a general Escrow Trust Account earning interest at the highest rate which may reasonably be obtained for such Account, and may be transferred into any other such general Escrow Trust Account: provided, however, that any and all such Accounts shall be in any state or national bank doing business in the State of California. Interest on any funds deposited with the Escrow Agent shall be credited and paid to the party making such deposit into Escrow. All disbursements pursuant to this Agreement shall be made by check from such Accounts. DAB:cez October 11, 1988 8 10. Close of Escrow; Authorized Acts. The term "Close of Escrow" herein shall mean the date on which necessary instruments of conveyance are recorded in the office of the County Recorder of San Bernardino County, California. The Escrow Agent is authorized and directed to record (a) this Agreement; (b) a grant deed conveying title to the Property from the Agency to the Redeveloper; and (c) the Deed of Trust. Upon the close of Escrow, the Escrow Agent shall deliver to the Agency the original fully executed Note. 11. Extensions of Time: All time limits within which any matter herein specified, related to the Escrow hereunder is to be . performed, may be extended by mutual agreement of the Agency and the Redeveloper. Any amendment of, or supplement to, the Escrow instructions hereunder shall be in writing. 12. Additional Authority of Escrow Agent. Agent is authorized to and shall: The Escrow (a) Pay and charge the Agency for any and all current and/or delinquent taxes, and any penalties and interest thereon, and for any delinquent or non-delinquent assessments or bonds pertaining to the Property. (b) Pay and charge the Agency and the Redeveloper for any Escrow fees, costs and charges which might arise in this Escrow, as set forth herein. (c) Disburse and record documents described h~rein when conditions of the close of Escrow have been fulfilled. DAB:cez October 11, 1988 9 13. Obligations of Agency. The Agency shall be responsible for and complete the actions set forth in Exhibit WE" attached hereto and incorporated herein by reference. 14. Obligations of Redeveloper. The Redeveloper shall be responsible for and complete the actions set forth in Exhibit "Fit attached hereto and incorporated herein by reference. 15. Maintenance. A. The Redeveloper agrees for itself, its successors and assigns, and every successor-in-interest to the Property, or any part thereof, that the Redeveloper and such successors and assigns shall, to the Agency's satisfaction, properly maintain the parking areas, landscaped areas and parkways on the Property, as required by the Declaration. In addition, the Redeveloper shall maintain the Property in such a manner so as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance, and that the resulting condition is detrimental to public health, safety or general welfare, or that such a condition of deterioration or disrepair causes appreciable harm or is materially detrimental to property or improvements within one thousand (1,000) feet of the boundary of the Property. B. In the event that the Redeveloper, its successors or assigns fail to perform the maintenance as provided herein within twenty (20) calendar days after receipt of notice from the Agency or City to do so, the City and/or the Agency, as their sole remedy under this Section 15, shall have the right to enter DAB:cez October 11, 1988 10 the Property and undertake, or cause to be undertaken, such maintenance activities. In such event, the Redeveloper shall reimburse the City and/or the Agency for all reasonable sums incurred by the City and/or the Agency for such maintenance activities in accordance with the procedure set forth in Section 20 hereof. 16. Restrictions on Use. The Redeveloper agrees for itself, and its successors and assigns, and every successor-in- interest to the Property, or any part thereof, that the Redeveloper and such successors and assigns shall in perpetuity: A. Devote the Property to, and only to and in . accordance with, the uses specified in the Redevelopment Plan, and specifically for use by the Redeveloper for the instruction, enjoYment and betterment of youth. The terms "uses specified in the Redevelopment Plan" and "land use" referring to provisions of the Redevelopment Plan, or similar language in this Agreement, shall include the Property and all buildings, and shall include all requirements or restrictions of the Redevelopment Plan pertaining to such Property. B. Not discriminate upon the basis of race, sex, marital status, color, creed, religion, physical handicap, national origin or ancestry in the sale, lease, sublease, rental, or transfer or in the use, occupancy, tenure, or enjoyment of the Property or any improvements erected or to be erected thereon, or any part thereof, nor shall the Redeveloper itself or any person claiming under or through it, establish or DAB:cez October 11, 1988 11 permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Property, or any part thereof. 17. Agency Rights to Enforce. In amplification, and not in restriction of the provisions of the preceding Sections 15 and 16, it is intended and agreed that the Agency and is successors and assigns shall be deemed to be beneficiaries of the agreements and covenants provided in Sections 15 and 16 hereof, both for and in their or its own right, and also for the purposes of protecting the interests of the community and other parties, ~ public or private, in whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants shall run in favor of the Agency, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the Agency has at any time been, remains, or becomes an owner of any land or interest therein to, or in favor of which, such agreements and covenants relate. The Agency shall have the right, in the event of any breach of any such agreement or covenant, to exercise all of the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. Any leases made by the Redeveloper concerning all or any portion of the Property shall include all applicable restrictions, covenants DAB:cez October 11, 1988 12 and conditions set forth in Sections 15 and 16 of this Agreement. The Redeveloper and the Agency agree to cooperate ~n enforcing such restrictions, covenants and conditions. 18. Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that: A. The Redeveloper shall not discriminate against any employee or applicant for employment because of race, sex, marital status, color, creed, religion, physical handicap, national origin or ancestry. The Redeveloper shall take reasonable action to ensure that applicants are employed and that employees are treated, during employment, without regard to their ~race, sex, marital status, color, creed, religion, physical handicap, national origin or ancestry. Such action shall include, but not be limited to the fOllowing: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Redeveloper agrees to post in a conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of the nondiscrimination clause. B. The Redeveloper shall, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that all qualified applicants will receive consideration for employment without regard to race, sex, marital status, color, creed, religion, physical handicap, DAB:cez October 11, 1988 13 national origin or ancestry. C. The Redeveloper shall comply with all applicable local, state and federal laws and regulations relating to equal employment opportunity. D. In the event of the Redeveloper's noncompliance with the nondiscrimination clause of this Section 18, or with any of the aforementioned laws, rules or regulations, the Agency shall have the right to compel full compliance of this Agreement through an action for specific performance. E. The Redeveloper shall include the provisions of subdivisions (a) through (c) of this Section 18 in every . contract, and shall require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by applicable laws, rules or regulations, and such provisions shall be binding upon each such contractor, subcontractor, or vendor, as the case may be. 19. Default Prior to Conveyance. In the event that, prior to conveyance of the Property to the Redeveloper and in violation of this Agreement, (i) the Redeveloper (or any successor-in-interest) assigns or attempts to assign this Agreement or any rights therein or in the Property, or (ii) the Redeveloper fails to deposit into the Escrow a properly executed Note and Deed of Trust, in satisfactory form and in the manner and by the date respectively provided in this Agreement therefor, or (iii) the Redeveloper fails to take title to the Property upon tender of conveyance by the Agency pursuant to this Agreement, DAB:cez October 11, 1988 14 then this Agreement and any and all rights of the Redeveloper or of any assignee or transferee thereof in this Agreement with respect to the Property shall, at the option of the Agency and upon written notice given by the Agency to the Redeveloper, be terminated. Upon such termination, neither the Redeveloper (nor any of its assignees or transferees), nor the Agency shall have any further rights against or liability to the other party under this Agreement. 20. Lien on Property. In the event that the Agency enters the Property for the purpose set forth in Section l5(B), the Agency shall have the right to recover from the Redeveloper, in . addition to all costs and other sums expended in connection therewith, interest on such costs and sums calculated at the rate of ten percent (10%) per annum. All costs and expenses incurred by the Agency in curing the default by the Developer and any interest thereon shall be assessed against the Redeveloper and shall constitute a lien against the Property until paid effective upon the recording of a notice thereof in the Office of the County Recorder for the County of San Bernardino; provided, however, that any such lien shall be subordinate to any bona fide mortgage or deed of trust encumbering any portion of the Property, and any purchaser at any foreclosure or trustee's sale (as well as any grantee by deed in lieu of foreclosure or trustee's sale) under any such mortgage or deed of trust shall take title free from any such lien, but otherwise subject to all of the provisions of this Agreement, which shall run with the DAB:cez October 11, 1988 15 land. 21. Agency Employees, Members. No member, official, or employee of the Agency shall have any financial interest, direct or indirect, in this Agreement or in the Property, nor shall any such member, official, or employee participate in any decision relating to this Agreement or to the Property, which affects his financial interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly interested. No member, official, or employee of the Agency shall be personally liable to the Redeveloper or any successor-in-interest in the event of any default or breach by the Agency or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of this Agreement. 22. Attorneys' Fees. The Redeveloper agrees that if any action is brought by the Agency against the Redeveloper for breach of any of the covenants or conditions of this Agreement, the Redeveloper shall pay to the Agency reasonable attorneys' fees and court costs incurred by the Agency as a result thereof. 23. Option to Purchase. Should the Redeveloper convey the property, which is the subject of this Agreement, or enter into escrow to convey said property at any time in perpetuity to any Grantee other than a non-for-profit charitable organization, which is committed and legally required to use the property as required by paragraph 16.A. of this Agreement, the Agency, its assigns and successors-in-interest shall have the option to DAB:cez October 11, 1988 16 repurchase said property at an amount equal to the fair market value of said property on January 1, 1976 which is agreed by both parties to be $ 24. At any time in perpetuity, Redeveloper, its successors or assigns may encumber said property by means of a mortgage or deed of trust only with the prior written approval of Agency, which approval may be given, withheld, or given conditionally in the sole, unfettered discretion of Agency. 25. Notice. Any notice to be given by either party to the other shall be given by certified mail, return receipt requested, postage prepaid, addressed as follows: To Agency: Executive Director Redevelopment Agency of the City of San Bernardino 300 North liD" Street San Bernardino, California 92418 To Redeveloper: Executive Director Young Women's Christian Association 566 North Lugo Avenue San Bernardino, California 92410 26. Merger. None of the provisions of this Agreement is intended to or shall be merged by reason of any deed(s) transferring title to the Property from the Agency to the Redeveloper or any successor-in-interest, and any such deed(s) shall not be deemed to affect or impair the provisions and covenants of this Agreement. 27. Termination of Lease. Any lease heretofore executed, or claimed to exist, between the parties relating to use and DAB:cez October 11, 1988 17 occupancy of the Property conveyed herein is terminated effective upon the recordation of the Deed conveying the Property to the Redeveloper hereunder. 28. Time is of the Very Essence. The Agency shall have every right to exercise its options upon any breach of time constraints whatever. All parties recognize that time is of the very essence of this Agreement. 29. Assigns and Successors-in-Interest. All provisions, rights and privileges of this Agreement shall apply to Agency, its assigns and successors-in-interest and Redeveloper and its assigns and successors-in-interest. 30. Redeveloper shall not assign, transfer or null this Agreement without the written permission of Agency, its assigns or successors-in-interest. Said permission shall be granted or denied at the full discretion of Agency, its assigns and successors-in-interest. III III III III III III III III III III DAB:cez October 11, 1988 18 31. Execution. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. EXECUTED at , California this day of , 1988. AGENCY: REDEVELOPER: REDEVELOPMENT AGENCY OF YOUNG WOMEN'S CHRISTIAN THE CITY OF SAN BERNARDINO ASSOCIATION OF GREATER SAN BERNARDINO, INC. .~ ~ Chairman By By Secretary Approved as to form: AGENCY COUNSEL y#~) DAB:cez October 11, 1988 19 EXHIBIT "A" LEGAL DESCRIPTION LOTS 19, 20, 21, 22, 23 AND 24, TRACT NO. 2030, FIFTH STREET PLACE SUBDIVISION, AS PER PLAT THEREOF RECORDED IN BOOK 29 OF MAPS PAGE 49, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA. DAB:cez October 11, 1988 20 SECURED PROMISSORY NOTE s , 1988 San Bernardino, California A. For value received, the undersigned, Young Women's Christian Association of Greater San Bernardino, Inc., (the "Maker"), unconditionally promises to pay to the order of the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Payee" or "Agency"), the principal sum of together with interest thereon calculated at the rate of seven percent (7%) per annum. B. This Note has been issued, executed and delivered in connection with the financing of a redevelopment project . including, but not limited to, the acquisition of certain real 'property, as provided in that certain Disposition and Development Agreement by and between the Maker and the Payee dated , (the "Agreement"). Such project is located on the real property described in Exhibit "A" attached to that certain Deed of Trust and Assignment of Rents (the "Mortgage"), dated as of the date hereof, and made from the owners of said property to First American Title Insurance Company, as Trustee, for the Agency's benefit, and the Agency is entitled to the benefit and security of the Mortgage. Reference is made to the Mortgage for provisions relating to conditions of default under this Note and the acceleration of the indebtedness evidenced by the occurrence of certain events stated therein and for all other relevant purposes. C. The Agency has provided such financing in accordance with the Agreement. All capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Agreement. Pursuant to the Agreement, the Agency has agreed to assist the undersigned in the acquisition and development of the project (as more fully described in the Agreement) subject to the conditions precedent thereof, and the undersigned have agreed to repay the principal amount of this Note, together with interest thereon, in accordance with and under the terms provided in the Agreement and as hereinafter set forth. D. Other than as a result of any default by the Maker under this Note or the Agreement, this Note shall be due and payable in installments in the amounts and on the dates set forth in the Loan Amortization Schedule set forth in Exhibit "A" DAB:cez October 11, 1988 21 attached hereto and incorporated herein by reference. Notwithstanding any provision herein to the contrary or in Exhibit "A", the first installment payment shall be due and payable by the Maker to the Payee on or upon the close of Escrow, as set forth in the Agreement, whichever date occurs later. This Note may be paid in whole or in part at any time prior to the maturity date hereof at the option of the undersigned and without any penalty or premium whatsoever; provided, however, that any such payment or payments in part shall not postpone or delay the remaining payments due and payable. E. All payments pursuant to this Note shall be made in lawful money of the United States of America, payable at the office of the Redevelopment Agency of the City of San Bernardino, 300 North "0" Street, San Bernardino, California 92418, or such other place as the holder of this Note may from time to time designate to the Maker hereof in writing. If the prescribed date of payment is a Saturday, Sunday or legal holiday at the location of the office of the Payee, such payment shall then be due and payable on the next succeeding business day. F. If (i) there is a default by the Maker under the terms of this Note, or under the Deed of Trust securing this Note and (ii) the holder of this Note refers it to an attorney for collection or seeks legal advice for default under this Note or under the Deed of Trust securing this Note or any judicial or non-judicial action is instituted by the Holder hereof, and an attorney is employed by the holder hereof to appear in any such action or proceeding or to reclaim, sequester, protect, preserve or enforce the holder's security for this Note, including but not limited to, proceedings to foreclose the loan evidenced hereby, proceedings under the Federal Bankruptcy Code, or for the appointment of a receiver, the undersigned promises to pay reasonable attorneys' fees for services performed by the holder's attorneys and all costs and expenses incurred incident to such employment. G. Upon any event of default hereunder or under the Agreement, or in the event the principal and/or interest is not timely paid to the holder, the principal and interest then due and payable but which are delinquent and have not so been paid by the undersigned shall bear interest from the date such payment was due on the total payment amount then due and owing until paid at the rate of fifteen percent (15%) compounded per annum; provided, however, that such interest rate shall never exceed that amount which Maker is permitted by law to be charged. The failure to exercise, in case of one or more events of default, any right or remedy given in this paragraph shall not preclude the holder of this Note from exercising any right or remedy given in this paragraph in case of one or more subsequent events of default. DAB:cez October 11, 1988 22 H. The Maker and the Payee believe that any amounts 'payable hereunder will not exceed the maximum amount permissible under applicable law, as a result of the "time-price" differential doctrine in California. The parties agree that the agreements between the Maker and the Payee are expressly limited so that in no contingency or event whatsoever (whether by reason of acceleration or otherwise), shall the amount paid, or agreed to be paid to the Payee, exceed the maximum amount permissible under applicable usury laws. If, from any circumstance whatsoever, fulfillment of any provision hereof shall involve transcending the limit of validity prescribed by law which a court of competent jurisdiction may deem applicable hereto, then ipso facto, the obligation to be fulfilled shall be reduced to the limit of such validity. If, from any circumstances, the Payee shall ever receive as interest hereunder an account which would exceed the highest lawful rate, such amount which would be excessive interest shall be applied to reduction of the unpaid principal balance due hereunder and not payment of interest. I. The obligation of the undersigned to make or provide for the payment required hereunder shall be absolute and unconditional and the undersigned shall make or provide for such : payment without abatement, diminution, or deduction regardless of any cause or circumstances whatsoever including, without limitation, any defense, set-off, recoupment or counterclaim which the undersigned may have or assert against the Agency or any other person. J. The Maker, to the extent permitted by law, waives demand, presentment for payment, notice of dishonor, protest and notice of protest, with respect to any and all lack of diligence or delays in the collection of enforcement hereof, and consents that the time of payment may be extended or this Note may be renewed without notice, and without releasing the undersigned or any subsequent surety, guarantor or endorser. K. All covenants and agreements herein shall be deemed material, and shall bind the Maker's successors and assigns, whether so expressed or not, and all such covenants and agreements shall inure to the benefit of the Payee hereof and its nominees, successors and assigns, whether so expressed or not. L. This Note has been issued, executed and delivered in the State of California and shall be governed by and construed in accordance with the laws of the State of California. III III III DAB:cez October 11, 1988 23 IN WITNESS WHEREOF, the undersigned have caused this Note to be executed as of this day of , 1988. DAB:cez October 11, 1988 MAKER: Young Women's Christian Association of Greater San Bernardino, Inc. By 24 EXHIBIT "A" TO SECURED PROMISSORY NOTE LOAN AMORTIZATION SCHEDULE DAB:cez October 11, 1988 25 EXHIBIT "B" GRANT DEED The COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, a public body, corporate, and politic (hereinafter called the "Grantor"), and in further consideration of the of the covenants and conditions herein contained and to be kept and performed by the Grantee, does hereby grant to the YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. (hereinafter called the "Grantee"), : all that real property in the City of San Bernardino, County of San Bernardino, State of California, (hereinafter called the "Property", described as follows: SEE EXHIBIT "A" ATTACHED HERETO The Grantee does hereby acknowledge receipt of a copy of the Redevelopment Plan (hereinafter called the "Redevelopment Plan") for the Central City East Redevelopment Project, approved by Ordinance No. 3571 of the City of San Bernardino, which Ordinance was adopted May 3, 1976, said Redevelopment Plan containing as a part thereof that certain Declaration of Restrictions which became effective under said Ordinance and which is hereinafter referred to as the "Restrictions". The Grantee, for itself, its successors and assigns, does hereby covenant and agree with, and for the benefit of, the Grantor, its successors and assigns, as follows: DAB:cez October 11, 1988 26 1. The grantee, its successors and assigns, will hOld, occupy and use the Property subject to and in accordance with all the terms, conditions, limitations, restrictions, requirements and covenants set forth in the Redevelopment Plan and the Restrictions, and specifically for uses primarily for the instruction, enjoyment and betterment of youth. Said terms, conditions, limitations, restrictions and covenants run with the land and shall be binding for the benefit and in favor of, and be enforceable by, the Grantor, its successors and assigns, the City of San Bernardino, and any successor-in-interest to the Grantee of the Property or any part thereof, and the owner of any other : land in the Project Area. 2. ( a ) The Grantee herein covenants by and for himself, his heirs, executors, administrators, and his successors and assigns, and every successor-in-interest to the Property, or any part thereof, and all persons claiming under or through them, that the Grantee, and such successors and assigns, shall (1) Devote the Property to uses consistent with the purposes of the Redevelopment Plan, and specifically for the instruction, enjoyment and betterment of youth. (2) Not discriminate upon the basis of race, sex, marital status, color, creed, religion, physical handicap, national origin, ancestry, age or handicapped status in the sale, lease, sublease, rental or transfer or in the use, occupancy, tenure or enjoyment of the Property or any improvement erected or DAB:cez October 11, 1988 27 to be erected thereon, or any part thereof, nor shall the Grantee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the property, or any part thereof. (3) Properly maintain the parking areas, landscaped areas and parkways on the Property, and that, if the Grantee fails to remedy any failure after twenty (20) days' notice from the Grantor or City of San Bernardino (the "City"), then the Grantor or City shall have the right to enter the -Property, and undertake or cause to be undertaken such maintenance activities. In such event, Grantee, its successors or assigns, shall reimburse Grantor or City for all reasonable sums incurred for such maintenance activities, together with interest thereon calculated at the rate of ten percent (10%) per annum. (b) The foregoing agreements and covenants, as set forth in subdivision (a) of Section 2 of this Deed, shall be covenants running with the land, and they shall in any event, without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding to the fullest extent permitted by law and equity, for the benefit and in favor of, and be enforceable by the Grantor, its successors and assigns, the City and any owner of any other land (or of an interest in such land) in the DAB:cez October 11, 1988 28 redevelopment project area subject to the Redevelopment Plan. It is further intended and agreed that, except as otherwise provided herein, the agreement and covenant provided in subsection (1) of subsection (a) of Section 2 of this Deed shall remain in effect in perpetuity and that the agreement and covenant provided in subsection (2) of subsection (a) of Section 2 hereof shall remain in effect without limitation as to time: provided that such agreements and covenants shall be binding on the Redeveloper itself, each successor-in-interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in or possession or occupancy of, the Property or part thereof. 3. In amplification and not in restriction of, the provisions of Section 2 hereof, it is intended and agreed that the Grantor and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in said Section 2 hereof, both for and in their or its own right and also for the purpose of protecting the interests of the Grantor and the City of San Bernardino and other parties, public or private, in whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants shall run in favor of the Grantor, its successors and assigns for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the Grantor, its successors and assigns have at any time been, remain, or are DAB:cez October 11, 1988 29 - ---. --- ............-......-- owners of any land or ~nterest therein, or in favor of which, such agreements and covenants relate. The Grantor shall have the right, ~n the event of any breach of any such agreement or covenant, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. 4. Should Grantee convey the Property or enter into escrow to convey said property at any time in perpetuity to any Grantee other than a not-for-profit charitable organization which . is committed and legally required to use the property as required by paragraph 2(a)(1) of this Deed, Grantor shall have the option to repurchase said property at an amount equal to the fair market value of said property on January 1, 1976, which is agreed by Grantor and Grantee to be $ 5. At any time in perpetuity, Grantee may encumber said property by means of a mortgage or deed of trust only with the prior written approval of Agency, which approval may be given, withheld, or given conditionally in the sole, unfettered discretion of Agency. 6. THE PROVISIONS OF PARAGRAPHS 1 2 AND 5 OF THIS DEED SHALL BE CONDITIONS SUBSEQUENT, UPON THE OCCURRENCE OF WHICH THE GRANTOR, ITS SUCCESSORS OR ASSIGNS SHALL HAVE THE RIGHT TO REENTER AND TAKE POSSESSION OF THE LAND AND TO TERMINATE (AND REVEST IN THE AGENCY) TITLE TO THE LAND, IN THE EVENT THAT A DAB:cez October 11, 1988 30 DEFAULT HAS BEEN DECLARED BY THE GRANTOR, ITS SUCCESSORS OR ASSIGNS. THE PROVISIONS OF THIS PARAGRAPH 6 SHALL APPLY ONLY IF SUCH DEFAULT SHALL NOT BE CURED WITHIN THREE (3) MONTHS AFTER WRITTEN DEMAND BY GRANTOR, ITS SUCCESSORS OR ASSIGNS SO TO DO. THE THREE-MONTH TIME PERIOD SPECIFIED ABOVE SHALL COMMENCE UPON SERVICE OF THE WRITTEN NOTICE ALLEGING THE POSSIBLE EXISTENCE OF A DEFAULT AND RECORDATION OF A NOTICE OF DEFAULT WITH THE RECORDER OF SAN BERNARDINO COUNTY. IT IS THE INTENT OF THIS PROVISION THAT THE CONVEYANCE OF THE LAND HEREIN MADE BY THE GRANTOR WILL BE SET ASIDE AND TITLE TO THE LAND SHALL REVERT TO GRANTOR, IT SUCCESSORS OR . ASSIGNS UPON FAILURE OF GRANTEE, ITS SUCCESSORS OR ASSIGNS, TO REMEDY AND/OR ABROGATE ANY SUCH DEFAULT WITHIN THE PERIOD SET FORTH ABOVE. UPON SUCH CIRCUMSTANCES, THE GRANTOR, ITS SUCCESSORS OR ASSIGNS, MAY DECLARE A TERMINATION IN FAVOR OF THE GRANTOR, ITS SUCCESSORS OR ASSIGNS OF THE TITLE, AND A TERMINATION OF ALL OF THE RIGHTS AND INTEREST IN THE LAND CONVEYED HEREIN. IF THE GRANTOR, ITS SUCCESSORS OR ASSIGNS RECORDS, AFTER SUCH THREE-MONTH PERIOD EXPIRES, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO, A WRITTEN DECLARATION OF FORFEITURE REFERRING TO THIS DEED, THEN SUCH DEED AND CONVEYANCE SHALL BE NULL AND VOID, AND ALL INTEREST HEREBY CONVEYED SHALL FORTHWITH AND WITHOUT FURTHER NOTICE TO THE GRANTEE, ITS SUCCESSORS OR ASSIGNS BECOME FORFEITED AND SHALL REVERT TO THE GRANTOR, ITS SUCCESSORS, OR ASSIGNS; PROVIDED THAT ANY REVESTING OR TITLE AS A DAB:cez October 11, 1988 31 RESULT OF THESE CONDITIONS SUBSEQUENT SHALL ALWAYS BE SUBJECT TO AND LIMITED BY, AND SHALL NOT DEFEAT, RENDER INVALID, OR LIMIT IN ANY WAY (I) THE LIEN OF ANY MORTGAGE AUTHORIZED BY PARAGRAPH 5 OF THIS DEED, AND (II) ANY RIGHTS OR INTEREST PROVIDED IN THIS DEED FOR THE PROTECTION OF THE HOLDERS OF SUCH MORTGAGES. IN WITNESS WHEREOF, the Grantor and Grantee have executed this deed by their respective officers thereunto duly qualified this day of , 1988. GRANTOR: GRANTEE: COMMUNITY DEVELOPMENT COMMISSION OF THE " CITY OF SAN BERNARDINO YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. By Chairman By Its By Secretary Approved as to form and legal content: AGENCY COUNSEL DAB:cez October 11, 1988 32 EXHIBIT "A" TO GRANT DEED LEGAL DESCRIPTION LOTS 19, 20, 21, 22, 23 AND 24, TRACT NO. 2030, FIFTH STREET PLACE SUBDIVISION, AS PER PLAT THEREOF RECORDED IN BOOK 29 OF MAPS, PAGE 49, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA. DAB:cez October 11, 1988 33 EXHIBIT "E" OBLIGATIONS OF AGENCY THE AGENCY SHALL: 1. Convey to Redeveloper the Property described in Exhibit "A" for the sum of $ , $5,000 of which has been paid. 2. Accept a promissory note secured by deed of trust executed by the Redeveloper providing for payment of the $ balance of the Purchase Price in accordance with the amortization schedule attached as Exhibit "G", which . shall bear interest at the rate of seven (7%) percent per annum. DAB:cez October 11, 1988 34 EXHIBIT "F" OBLIGATIONS OF REDEVELOPER THE REDEVELOPER AGREES TO: 1. Devote the Property to activities conducted by the Young Women's Christian Association, and other uses primarily for the instruction, enjoyment and betterment of youth, exclusively, until December 31, 2025. 2. Not later than ten (10) calendar days after the date of this Agreement, execute and deposit into Escrow a promissory Note in the sum of $ setting forth the Agency as the payee, secured by a first deed of trust on the Property, payable . with interest at the rate of seven (7%) percent per annum in monthly installments, commencing , in accordance with the amortization schedule attached as Exhibit "G". DAB:cez October 11, 1988 35 DAB:cez October 11, 1988 EXHIBIT "G" LOAN AMORTIZATION SCHEDULE 36 1 2 3 4 5 6 7 8 9 10 11 12 , 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNARDINO, RELATING TO LEASE OF SPACE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute, on behalf of said City, a Lease with the City of San Bernardino, the Redevelopment Agency of the City of San Bernardino, and the Young Women's Christian Association of San Bernardino, relating to the lease of space. This Lease is attached hereto marked Exhibit "A", and incorporated herein by reference as though fully set forth at ~ength. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1988, by the fOllowing vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk DAB:cez 9/29/88 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF ~HE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDI~O, AND THE YOUNG WOEMN'S CHRISTIAN ASSOCIATION OF SAN BERN~RDINO~ RELATING TO LEASE OF SPACE ,;....c ,::..'7j" ,. - '"'. _ .~t".' 'j ", . , ....t. ".... if. '. ~. i; :.\ of The foregoing resolution is hereby approved this day , 1988. Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and legal content: ~~ DAB:cez October 17, 1988 2 1 2 3 4 5 6 7 8 9 10 11 12 : 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO, AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNRDINO BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Acting Executive Director of the Redevelopment Agency of the City of San Bernardino is hereby authorized and directed to execute for and on behalf of the Redevelopment Agency of the City of San Bernardino, a Lease between the Redevelopment Agency of the City of San Bernardino, the City of San Bernardino, and the Young Women's Christian Association of San Bernardino, with such non-substantive changes to said Lease as may be approved by the Chairman and the Agency Counsel. A copy of this Lease is attached hereto as Exhibit "A" and incorported herein by reference as though fully set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the day of , 1988 by the fOllowing vote, to wit: III III III III DAB:cez October 27, 1988 1 1 2 3 4 5 6 7 8 9 10 11 12 .13 14 15 16 17 18 19 20 21 RESOLUTION AUTHORIZING AND DIRECTING THE EXEUCTION OF A LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNARDINO AYES: Commissioners NAYS: ABSENT or ABSTAIN: Acting Secretary The foregoing resolution is hereby approved this day of , 1988. Chairman of the Community Development Commission of the City of San Bernardino Approved as to form and legal content: : ~!:f~ 24 25 26 27 28 DAB:cez October 27, 1988 2 LEA S E (YWCA) THIS LEASE is made and entered into this ___ day of , 1988, by and between the CITY OF SAN BERNARDINO, a municipal corporation and a Charter City of the State of California, and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public agency, both as their interests shall appear, hereinafter both called "Lessor", and the YOUNG WOMEN'S CHRISTIAN ASSOCIATION of San Bernardino, California, a corporation, hereinafter called "Lessee". WITNESSETH: 1. Lessor for and in consideration of the rental payments to be made, and the covenants and agreements to be kept and performed, by and on the part of Lessee as hereinafter set forth and contained, does hereby lease to Lessee for the term and uses and purposes hereinafter stated, those parcels of land described on Exhibit "A" attached hereto and incorporated herein. 2. This Lease is, and shall be, for the term and period of fifty (50) years from and including the first day of January, 1976, to and including the 31st day of December, 2025. 3. As rental for the parcel of land hereby leased, and the occupancy, use and enjoyment thereof, Lessee shall pay to Lessor the yearly rental of One Dollar ($1.00) per year for each and every year of the term of this Lease, which rental shall be paid annually in advance. DAB:cez October 27, 1988 1 4. Plans and specifications for all improvements to the real property shall be prepared by the Lessee at its expense; said plans, specifications and all improvements shall be subject to the approval of the Planning Director and the Director of Parks, Recreation and Community Services Department of the City of San Bernardino. Each set of the said plans and specifications will be identified by the signature of the Director of Public Works of the City of San Bernardino and the signature of a representative of Lessee; one of which sets of plans and specifications will be delivered promptly to Lessor. Furthermore, the Lessee shall, at its own expense, landscape, beautify, plant and maintain the entire available area of the leased premises, subject to the approval of the Planning Director and Parks, Recreation and Community Services Director of the City of San Bernardino. Lessee shall furnish or cause to be furnished all material, equipment, labor and supervision to complete the construction of all improvements to the leased premises according to said plans and specifications, and all construction and work therein specified shall be in accordance with the provisions of the ordinances and laws of the City of San Bernardino and any other governmental authority applicable thereto. In the event of conflict between any of such specifications and any of such ordinances or laws, Lessee shall be governed by and comply with such ordinances or laws insofar as they conflict with such specifications but shall not otherwise deviate from said DAB:cez October 27, 1988 2 specifications. During the construction of any improvements, an engineer or architect designated by the Lessor, or his duly appointed representative, shall have complete access to the site, structures, improvements and equipment. Lessee shall designate some responsible person to be in charge of said construction who will be available to confer with such engineer or architect. Any amendments to the approved plans and specifications or change orders, relating to the building and landscaping projects for the leased premises, and the construction and maintenance thereof by the Lessee, shall be subject to the prior written approval of the Planning Director and Parks, Recreation and Community Services Director of the City of San Bernardino. 5. Lessee covenants and agrees with Lessor as follows: (a) That Lessee will not use said premises for any unlawful purposes; (b) That Lessee will pay rent as above specified; (c) That Lessee will use said premises in a careful and proper manner; (d) That Lessee will comply with such lawful requirements of state, municipal and public authorities as they relate to its use and occupancy of said premises; (e) That Lessee will maintain said premises and improvements and make all replacements and repairs necessary to said premises and improvements during the term hereof, ordinary wear and tear excepted; DAB:cez October 27, 1988 3 (f) That Lessee will permit Lessor to examine said premises during usual business hours; (g) That Lessee will pay for all gas, electricity, light, heat, power, water and other service or utility used on or supplied to said premises; (h) That Lessee will not commit or suffer, or permit any waste of the leased premises, or any building or buildings placed on the leased premises by Lessee; (i) That Lessee will, at all times, maintain the leased premises and any such building or buildings in a neat and orderly condition; (j) That Lessee will, at all times, keep the leased premises free and clear of mechanic's liens that might arise out of making any repairs or improvements on said premises by Lessee; (k) That lessee will pay all real and personal property taxes of any character or description including both those on the possessory and reversionary interests assessed by any taxing authority on the leased premises at any time during the term of the Lease; and (1) That Lessee will be responsible for and pay any and all costs of the management, maintenance, and repair of the leased premises including any improvements placed thereon and for all utilities used in the operation, use or occupancy of said premises. 6. Said YWCA building and improvements currently upon the said premises, or to be erected in the future, shall be used for DAB:cez October 27, 1988 4 recreational, cultural and educational activities for the benefit of YWCA members and the residents of the City of San Bernardino. All buildings and improvements which now exist or may during the term of the Lease be erected on the leased premises by Lessee shall immediately become part of the leased property and may not be removed therefrom. Lessee covenants and agrees that it will keep the leased premises free from laborers' and materialmens' liens and that it will fully pay and discharge all labor and materialmens' bills arising from construction, repair or alteration work done by it, and will hold Lessor and the above described property harmless from any and all demands and claims which mayor could ripen into liens. The Lessor shall, at all times, have the right to enter upon the leased premises and to post and maintain notices thereon of non-responsibility for the cost of any construction, alteration or repair by Lessee of any structures or improvements at any time upon said premises. 7. Lessee shall, at all times on and after the date on which the term of this Lease commences, and at its own expense, keep all of the improvements on the leased premises insured against loss or damage by fire and other risks covered by standard extended coverage endorsement, and by vandalism and malicious mischief, and insured against loss or destruction due to shock or earthquake, and war damage (when procurable) in an amount equal to not less than the replacement cost of such improvements. That Lessee will procure and maintain in force during the term of this Lease an insurance policy or policies DAB:cez October 27, 1988 5 insuring Lessor and its officers, employees and agents against public liability and property damage in the amount of One Million Dollars ($1,000,000) Combined Single Limit. All insurance shall be carried with insurance companies approved by Lessor and licensed to do business in the State of California. A renewal policy shall be procured not less than ten (10) days prior to the expiration of any such policy. The pOlicies of insurance as above provided or certificates of the insurers evidencing insurance carried on or respecting the premises hereby leased shall be forthwith deposited with Lessor, and Lessor and Lessee shall be named as joint assureds by said policies during the full term of this Lease. Such pOlicies or certificates shall provide that such insurance may not be cancelled or reduced in coverage without thirty (30) days' written notice to Lessor. All insurance shall be at the sole cost of Lessee. The pOlicies shall cover for accident or damage on or in the premises, sidewalks in front thereof, entrance-ways and other areas in the control or use of the Lessee. It is further agreed that, fOllowing three (3) years after the date of this lease, and every three (3) years thereafter, the parties may negotiate a change in the insurance limits outlined in this paragraph. Written notice from one party to the other shall initiate such negotiations. Unless the parties agree to an extension, the failure of the parties to reach an agreement on such a change within forty-five (45) days of such written notice shall act to automatically terminate this lease. DAB:cez October 27, 1988 6 Any sublessee for day care services which sublease is approved and entered into, pursuant to paragraph 15 hereof, or otherwise, shall provide an additional insurance policy or policies insuring Lessor and its officers, employees and agents against public liability and property damage in the amount of One Million Dollars ($1,000,000) Combined Single Limit. 8. Lessee shall, at Lessee's expense obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. 9. Notwithstanding any law now in force or hereafter enacted, this Lease shall not terminate or be affected in any manner, except as herein otherwise provided, by reason of the damage to, or total or substantial or partial destruction of any building currently or hereafter erected upon the leased premises, or by reason of the untenantability of the leased premises or any part thereof. Should the whole or any part of said building at any time be partially or totally destroyed by any cause during the term of this Lease, such building may at Lessee's option be exercised by written notice to Lessor within thirty (30) days after such partial or total destruction, and at its own expense, be restored or repaired by Lessee, or replaced by it, with a modern building of equal or greater value and suitable to the same needs of Lessee. In the event such option is so exercised, Lessee shall so proceed and the proceeds of any fire or property damage DAB:cez October 27, 1988 7 insurance shall be available to Lessee for use by Lessee in such amount as may be necessary for the purpose of clearing, repairing or removing damage or restoring or rebuilding the building, and Lessee shall have the right and authority to adjust losses and execute proofs of such losses in the name of Lessor, Lessee, or both. In the event Lessee shall fail to exercise its option to restore or repair, or rebuild as herein provided, or to communicate notice of such election in writing to Lessor, all such insurance proceeds received on account of such destruction or damage shall belong to and be delivered to Lessor. In such event, Lessor may terminate this Lease without further notice to Lessee. 10. At the expiration of this Lease, the Lessee agrees that the Lessor shall have the right to enter into and upon the land and premises, and repossess itself thereof, and that all buildings, structures and improvements of whatever kind and nature erected upon said land during the life of this Lease shall revert to the Lessor and become its property in fee simple without process of law. Notwithstanding anything to the contrary provided herein, Lessee shall have the right to remove from said premises all personal property and equipment used by it during the term of this Lease. At the end of the Lease term hereof, or any extension hereof, or upon any termination hereof, Lessee agrees to vacate the premises and to leave same in good condition, reasonable wear and tear excepted. DAB:cez October 27, 1988 8 11. In the event of the commencement, prosecution or consummation during the term of this Lease of any condemnation proceedings or proceedings in eminent domain covering, touching, or affecting all or any part of the leased property, the award payable on account of such taking or condemnation shall be payable to Lessor and Lessee in such proportions as the parties may agree upon or as may be determined in any such condemnation or eminent domain proceedings. In the event a part of the premises is taken, this Lease shall continue in force and effect as to that part of the premises not taken. 12. Building, improvement and landscaping plans and specifications, the location and size of buildings, structures and improvements and the type of construction, style of architecture, and materials to be used in such buildings, structures or improvements, shall be subject to the approval of the Lessor as hereinabove set forth. 13. Lessor reserves the right to grant such easements or establish such rights-of-way over, under, along and across said leased premises for utilities, thoroughfares or access as it may deem advisable for the public good. 14. Except for reasonable janitorial and maintenance costs, Lessee agrees to provide free use of available rooms and other facilities on the premises to Lessor at such times and under such conditions as Lessee and Lessor shall jointly determine to be reasonable. DAB:cez October 27, 1988 9 15. The Lessee covenants not to sublet the demised premises or any part thereof, nor to grant any concession to be operated on the demised premises, nor to assign, hypothecate, mortgage, make over or encumber this Lease, or the term of the leasehold hereby created or any portion of the Lease of the herein demised premises, without having first obtained the written consent of the Lessor. No person, persons, firm or corporation shall acquire, in any manner, any right to this Lease, or the term hereby created, or to the premises herein demised by the Lease, through any act, or acts of the Lessee, without having first obtained the written consent of the Lessor. Lessee may rent or sublet space or rooms in the buildings erected on the leased premises for recreational, cultural and educational purposes to civic groups and organizations, providing the schedules of rental rates for said room are approved by the Administrative Officer of Lessor. 16. Lessee agrees for itself, and its successors and assigns, and every successor-in-interest to the demised premises, or any part hereof, that the Lessee and such successors and assigns shall not discriminate upon the basis of race, sex, marital status, color, creed, religion, physical handicap, national origin, or ancestry in the sublease, renewal or transfer, or in the use, occupancy, tenure, or enjoyment of the demised premises or any improvements erected or to be erected thereon, or any part thereof, nor shall the Lessee itself or any DAB:cez October 27, 1988 10 person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, subtenants, or sublessees of the demised premises, or any part thereof. 17. The Lessee, for itself and its Successors and assigns, agrees that: A. The Lessee shall not discriminate against any employee or applicant for employment because of race, sex, marital status, color, creed, religion, physical handicap, national origin or ancestry. The Lessee shall take reasonable action to insure that applicants are employed and that employees are treated, during employment, without regard to their race, sex, marital status, color, creed, religion, physical handicap, national origin or ancestry. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship, Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. B. Lessee shall, in all solicitations or advertisements for employees placed by or on behalf of the Lessee, state that all qualified applicants will receive consideration for employment without regard to race, sex, marital DAB:cez October 27, 1988 11 status, color, creed, religion, physical handicap, national origin or ancestry. c. Lessee shall comply with all applicable local, state and federal laws and regulations relating ~o equal employment opportunity. D. Lessee shall include the provisions of subdivisions A through C of this paragraph 17 in every contract, and shall require the inclusion of these provisions in every subcontract entered into by any of its contractors, unless exempted by applicable laws, rules or regulations, and such provisions shall be binding upon each such contractor, subcontractor, or vendor, as the case may be. 18. In the event (a) that Lessee shall default in the performance or fulfillment of any covenant or condition herein contained on its part to be performed or fulfilled, and shall fail to cure such default within thirty (30) days following the service on it of a written notice from Lessor specifying the default or defaults complained of and the date on which its rights hereunder will be terminated as hereinafter provided of such default or defaults is or are not cured, or (b) that Lessee shall file a voluntary petition in bankruptcy, or (c) that Lessee shall be adjudicated a bankrupt, or (d) that Lessee shall make a general assignment for the benefit of creditors then, and in either or any of said events, Lessor may at its option, without further notice or demand upon Lessee or upon any person or persons claiming by, through or under Lessee, immediately cancel DAB:cez October 27, 1988 12 and terminate this Lease and terminate each, every and all rights of Lessee and of any and all perEons claiming by, through or under Lessee, in or to the leased premises and in or to the further possession thereof, in which event the leased premises shall immediately revert to the Lessor, together with any and all improvements placed thereon and lessor may thereupon enter into and upon the leased premises and repossess the same and expel Lessee and any and all persons claiming by, through or under Lessee. The rights and remedies of Lessor, as hereinabove set forth, are cumulative only and shall in no way be deemed to limit any of the other provisions of this Lease or otherwise to deny to Lessor any right or remedy at law or in equity which Lessor may have or assert against Lessee under any law in effect at the date hereof, or which may hereafter be enacted or become effective, it being the intent hereof that the rights and remedies of lessor, as hereinabove set forth, shall supplement or be in addition to or in aid of the other provisions of the Lease and of any right or remedy at law or in equity which lessor may have against said Lessee. 19. Lessor reserves, and shall always have the right to enter said premises for the purposes of viewing and ascertaining the condition of the same and for the purpose of operating and maintaining pipelines on said premises and for the purpose of making repairs to or developing the water system of Lessor, or to protect its interests in the premises or to inspect the operations conducted on said premises. The Lessor hereby DAB:cez October 27, 1988 13 reserves all rights, title and interest in any and all gas, oil, mineral and water upon or beneath said leased premises. Lessor shall have the right to enter upon said leased premises for the purpose of drilling, operating and maintaining such installations as are necessary or desirable for the development of said gas, oil, mineral and water rights. In the event that such entry or inspection by Lessor discloses that said premises are not in a safe or healthy condition, Lessor shall have the right, after ten (10) days' written notice to Lessee, to have any necessary maintenance work done for and at the expense of Lessee, and Lessee hereby agrees to pay promptly any and all costs incurred by Lessor in having such necessary maintenance work done in order to keep said premises in a safe or health condition. In the event said costs are not paid by Lessee to Lessor within twenty (20) days after the request therefor by Lessor, then said sums shall bear interest at the rate of ten percent (10%) per annum. The rights reserved in this section shall not create any obligations on Lessor or increase obligations elsewhere in this Lease imposed on Lessor. 20. The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Lessor, terminate all or any existing subleases or subtenancies, or may at the option of Lessor, operate as an assignment to it of any or all such subleases or subtenancies. DAB:cez October 27, 1988 14 21. The waiver by Lessor of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver or such terms, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent, nor shall any failure on the part of Lessor to require or exact full and complete compliance with any of the covenants, conditions or agreements of this Lease be construed as in any manner changing the terms hereof, or estop Lessor from enforcing the full provisions hereof, nor shall the terms of this Lease be changed or altered in any manner whatsoever other than by written agreement of the Lessor and Lessee. 22. Any hOlding-over after the expiration of said term for any cause shall be construed to be a tenancy from month-to-month, at any rental selected by Lessor which has been in effect during the term, and shall otherwise be on the terms and conditions herein specified so far as applicable. Such hOlding-over shall include any time employed by Lessee in removing fixtures. 23. Lessor reserves the right to review the rules and regulations promulgated by Lessee for the use of space or rooms erected on the leased premises. If Lessor rejects such rules and DAB:cez 15 October 27, 1988 regulations, Lessee agrees to submit new rules and regulations that meet with Lessor's approval. 24. Lessor reserves the right to review all rates or charges of whatever nature and for whatever purposes for use of the building or equipment therein, imposed by Lessee. If Lessor rejects such rates or charges as being excessive, Lessee agrees to submit new rates or charges that meet with Lessor's approval. 25. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, as follows: City Administrator City Hall 300 North "D" Street San Bernardino, CA 92418 Young Womens' Christian Association 567 Sierra Way San Bernardino, CA 92418 26. If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Lease is invalid, or shall be held to be invalid, such invalidity shall not affect the validity of the balance or remainder. 27. The provisions of this Lease shall bind the assigns and successors-in-interest of the parties hereto. 28. Time is of the essence with respect to the performance of the terms, provisions, covenants and conditions of this Lease. III III III III DAB:cez October 27, 1988 16 IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease on the date first hereinabove written. CITY OF SAN BERNARDINO By Mayor ATTEST: City Clerk COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By Chairman Approved as to form and legal content: AGENCY COUNSEL ~&/ YOUNG WOMEN'S CHRISTIAN ASSOCIATION "Lessee" By Title Approved as to form and legal content: 6,~J C~y Attor y DAB:cez October 27, 1988 17 SUMMARY OF FINANCIAL ASPECTS OF A PROPOSED AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PROPOSED AGREEMENT: Disposition & Joint Development Agreement PROJECT AREA: CENTRAL CITY It is proposed that the Redevelopment Agency of the City of San Bernardino lease to the City of San Bernardino the property described on the attached Exhibit A. 1) The cost of the agreement to the Agency, including land acquisition cost, clearance costs, relocation costs, the costs of any improvements to be provided by the Agency, plus the expected interest on any loans or bonds to finance the lease is $225,251 . 2) The estimated value of the interest to be conveyed or leased, determined at the highest uses permitted under the plan is not less than $1,175,000. 3) The purchase price or sum of the lease payments is $26,071_. The reason this is less than the fair market value is: It will assist in causing the elimination of blight, create employment opportunities, stimulate aesthetic improvement and an increase in real property value of the Property and nearby property and will cause the generation of revenues to the City and the Agency. SALE OPTION 4628G SUMMARY OF FINANCIAL ASPECTS OF A PROPOSED AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PROPOSED AGREEMENT: PROJECT AREA: YWCA LEASE CENTRAL CITY It is proposed that the Redevelopment Agency of the City of San Bernardino lease to the City of San Bernardino the property described on the attached Exhibit A. 1) The cost of the agreement to the Agency, including land acquisition cost, clearance costs, relocation costs, the costs of any improvements to be provided by the Agency, plus the expected interest on any loans or bonds to finance the lease is $225,251 . 2) The estimated value of the interest to be conveyed or leased, determined at the highest uses permitted under the plan is not less than $1,175,000. 3) The purchase price or sum of the lease payments is $50 The reason this is less than the fair market value is: It will assist in causing the elimination of blight, create employment opportunities, stimulate aesthetic improvement and an increase in real property value of the Property and nearby property and will cause the generation of revenues to the City and the Agency. -LEASE OPTION- 4631G , I I I LEGAL DESCRIPTION LOTS 19, 20, 21, 22, 23 AND 24, ~RACT NO. 2030, FIFTH STREET PLACE SUBDIVISION, AS PER PLAT ~HEREOF RECORDED IN BOOK 29 OF. MAPS, PAGE 49, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA. ( EXHIBIT A REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION FROM: Steven H. Dukett, Executive Director SUBJECT: TRANSITIONAL ADMINISTRATIVE ACTIONS DATE: NOVEMBER 29, 1988 Synopsis of Previous Commission/Council/Committee Action: 05-16-88 Community Development Commission action taken by motion requiring all investment transactions by Redevelopment Agency staff to be subject to written approval by City Treasurer. 05-16-88 Community Development Commission action taken by motion which required that all hiring and firing of Agency staff be subject to review by the Redevelopment Committee and have majority Commission approval. 05-16-88 Community Development Commission action taken by motion which required all requests for legal advice and opinions from outside counsel be handled by City Attorney's office. 06-21-88 Community Development Commission action taken by Resolution No. 5125 which rescinded Resolution No. 5120 and further designated that all Agency checks would be signed by Chairman Wilcox or Commission Member Estrada with counter signatures by Jess Flores or Craig Graves. 06-21-88 Community Development Commission action taken by motion to appoint Council Member Jess Flores as Acting Secretary of the Redevelopment Agency and Acting Financial Officer and appointed Craig Graves as Acting Assistant Secretary. 08-01-88 Community Development Commission action taken by Resolution No. 5135 authorizing James E. Robbins, Acting Executive Director; Gary Clermont, Administrative Assistant; and J. Lorraine Velarde, Administrative Services Manager, to sign on behalf of the Redevelopment Agency for Safety Deposit Box, and repealing Resolution No. 4981. 11-23-88 The Redevelopment Committee reviewed the recommended motions contained herein and recommend their adoption. 1589R/JLV/mv 12/05/88 q (Community Development Commission) Recommended Motion: A) Move that the action taken on May 16. 1988 be rescinded and that the Executive Director be allowed to supervise and implement the Agency's investment transactions. B) Move that the action taken on May 16. 1988 be rescinded and that the Executive Director be restored the authority to supervise and implement all hiring and firing of Agency staff. C) Move that the action taken on May 16. 1988 be rescinded and that the Executive Director be restored the authority to supervise and implement all requests for legal advice and opinions from outside counsel. D) Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE APPOINTMENT OF STEVEN H. DUKETT AS SECRETARY OF THE REDEVELOPMENT AGENCY. E) Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DESIGNATING CHECK SIGNERS AND COUNTERSIGNERS FOR REDEVELOPMENT AGENCY CHECKS AND VOUCHERS; AND RESCINDING RESOLUTION NO. 5125. F) Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING STEVEN H. DUKETT. EXECUTIVE DIRECTOR: GARY CLERMONT, ADMINISTRATIVE ASSISTANT: AND J. LORRAINE VELARDE, ADMINISTRATIVE SERVICES MANAGER, TO SIGN ON BEHALF OF THE REDEVELOPMENT AGENCY FOR SAFETY DEPOSIT BO , AND REPEALING RESOLUTION NO. 5135. / Contact Person: STEVEN H. DUKETT Phone: 384-5081 Supporting data attached: YES Ward: N/A FUNDING REQUIREMENTS: Amount: $N/A Project: N/A No adverse impact on City: Date: DECEMBER 5, 1988 Council Notes: Agenda Item No. 1589R/JLV/mv 12/05/88 S T A F F R E P 0 R T The Commission's actions taken, as cited above in the synopsis, where designed as interim measures. It was staff's understanding that the authorities modified would be reinstated upon the appointment of an Executive Director. Staff recommends that the actions listed be taken and the appropriate resolutions adopted to reinstate all day to day agency activities to Steven H. Dukett, Executive Director, Community Development Commission/Redevelopment Agency. 1589R/JLV/mv 12/05/88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO DESIGNATING CHECK SIGNERS ANC COUNTERSIGNERS FOR REDEVELOPMENT AGENCY CHECKS AND VOUCHERS; AND RESCINDING RESOLUTION NO. 5125 WHEREAS, Resolution No. 5125 designated that Agency checks will be signed by one of the following: Chairman Evlyn Wilcox or Commission Member Esther Estrada, who respectively serve as Chairman and Vice Chairman of the Redevelopment Agency of the City of San Bernardino; and WHEREAS, Resolution No. 5125 designated that Agency checks will be countersigned by one of the following: Acting Secretary, Jess Flores, or Craig Graves, Acting Assistant Secretary, who would sign only in the absence of Jess Flores in accordance with procedural directive; WHEREAS, the Community Development Commission now desires to provide for different countersigners; NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. All Agency checks shall be signed by 20 Chairperson Evlyn Wilcox or by Commission member Esther Estrada. 21 SECTION 2. All Agency checks shall be countersigned by the 22 Secretary of the Agency, Steven H. Dukett, or by the Acting 23 Assistant Secretary, Craig Graves, who shall be authorized to 24 25 sign only in the absence of the Secretary. SECTION 3. The use of facsimile signature for signer Evlyn 26 Wilcox is hereby ratified as approved by Resolution No. 4765 27 adopted May 23, 1985, and the designated depositaries are hereby 28 DAB:cez November 29, 1988 1 1 2 3 RESOLUTION DESIGNATING CHECK SIGNERS AND COUNTERSIGNERS FOR THE REDEVELOPMENT AGENCY CHECKS AND VOUCHERS AND RESCINDING RESOLUTION NO. 5125 4 authorized and entitled to honor all checks, drafts, and other 5 orders for payment of money using facsimile signature. 6 SECTION 4. Resolution No. 5125 is rescinded. 7 I HEREBY CERTIFY that the foregoing resolution was duly 8 adopted by the Community Development Commission of the City of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 San Bernardino at a meeting thereof, held on the day of , 1988 by the following vote, to wit: AYES: Commissioners NAYS: ABSENT or ABSTAIN: ----Secreta~----------- The foregoing resolution is hereby approved this day of , 1988. Chairman of the Community Development Commission of the City of San Bernardino Approved as to form and legal content: BY:~ / Agenc Counsel DAB:cez November 29, 1988 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING STEVEN H. DUKETT, EXECUTIVE DIRECTOR; GARY CLERMONT, ADMINISTRATIVE ASSISTANT; AND J. LORRAINE VELARDE, ADMINISTRATIVE SERVICES MANAGER, TO SIGN ON BEHALF OF THE REDEVELOPMENT AGENCY FOR SAFETY DEPOSIT BOX, AND REPEALING RESOLUTION NO. 5135 WHEREAS, the Redevelopment Agency of the City of San Bernardino has the use of Safety Deposit Box No. 1436, at the American National Bank, San Bernardino, California; and WHEREAS, Resolution No. 5135 adopted August 1, 1988 authorized James E. Robbins, Gary Clermont and J. Lorraine Velarde to sign on behalf of the Agency for the Safety Deposit Box; and WHEREAS, it is the desire of the Redevelopment Agency to rescind Resolution No. 5135 and adopt a new resolution deleting James E. Robbins as signatory and adding Steven H. Dukett to the Resolution as authorized signatory for the Safety Deposit Box. NOW, THEREFORE, BE IT RESOLVED, that Steven H. Dukett, Executive Director; Gary Clermont, Administrative Assistant Manager, and J. Lorraine Velarde, Administrative Services Manager, are each individually authorized to have access to and sign necessary documents to secure such access on behalf of the Redevelopment Agency of the City of San Bernardino for Safety Deposit Box No. 4981, American National Bank, San Bernardino, California. BE IT FURTHER RESOLVED that Resolution No. 5135 is hereby rescinded. DAB:cez November 29, 1988 1 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION AUTHORIZING STEVEN H. DUKETT, GARY CLERMONT AND J. LORRAINE VELARDE TO SIGN ON BEHALF OF THE REDEVELOPMENT AGENCY FOR SAFETY DEPOSIT BOX AND REPEALING RESOLUTION NO. 5135 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the day of , 1988 by the following vote, to wit: AYES: Commissioners NAYS: ABSENT or ABSTAIN: Secretary The foregoing resolution is hereby approved this day 17 of 18 19 20 21 22 , 1988. Chairman of the Community Development Commission of the City of San Bernardino Approved as to form and legal content: BY:~ / Agenc ounsel DAB:cez November 29, 1988 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE APPOINTMENT OF STEVEN H. DUKETT AS SECRETARY OF THE REDEVELOPMENT AGENCY WHEREAS, Resolution No. 5169 adopted June 21 1988, appointed Jess Flores as Acting Secretary of the Redevelopment Agency; and WHEREAS, Section 4 of Article II of the By-Laws of the Agency, as amended by Resolution No. 308, states that the Secretary Treasurer of the Agency may be the Executive Director; and WHEREAS, effective November 21, 1988, Steven H. Dukett, by a majority vote of the Community Development Commission, was appointed Executive Director of the Redevelopment Agency; and WHEREAS, it is recommended that Steven H. Dukett be appointed Secretary of the Agency and that Resolution No. 5169 appointing Mr. Flores as Acting Secretary be rescinded; and WHEREAS, on June 21, 1988, Mr. Craig Graves, was appointed as the Acting Assistant Secretary of the Redevelopment Agency, and it is recommended that Mr. Graves be retained as Acting Assistant Secretary of the Redevelopment Agency pursuant to Section 5 of the Bylaws of the Agency. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Steven H. Dukett is hereby appointed as Secretary of the Redevelopment Agency, and in such capacity may sign on behalf of the Agency all official documents of the DAB:cez November 29, 1988 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RESOLUTION AUTHORIZING THE APPOINTMENT OF STEVEN H. DUKETT l SECRETARY OF THE REDEVELOPMENT AGENCY Agency as approved by the Commission, and that Craig Graves : hereby retained as Acting Assistant Secretary and in sue capacity shall perform the duties of the Secretary upon tl absence of the Secretary. SECTION 2. Resolution No. 5169, appointing Jess Flores Acting Secretary Treasurer, is hereby rescinded. I HEREBY CERTIFY that the foregoing resolution was duJ adopted by the Community Development Commission of the City e San Bernardino at a meeting thereof, held on the day of , 1988 by the fOllowing vote, to wit: AYES: Commissioners NAYS: ABSENT or ABSTAIN: ----Secretary----------- The foregoing resolution is hereby approved this da 21 of 22 23 24 25 , 1988. Chairman of the Community Development Commission of the City of San Bernardino 26 27 28 Approved as to form and legal content: ~ Age Counsel DAB:cez November 29, 1988 2 REDEVELOPME~T ~GENCY - REQUEST -~IR COMMISSION/COUNCI L ACTION FROM: Steven H. Dukett, Executive Director SUBJECT: SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT DATE: NOVEMBER 30, 1988 Synopsis of Previous Commission/Council/Committee Action: NONE (Community Development Commission) Recommended Motion: Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR COOPERATION BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT. Contact Person: STEVEN H. DUKETT Phone: 384-5081 Supporting data attached: YES Ward: N/A FUNDING REQUIREMENTS: Amount: $ Project: SV/TC No adverse impact on City: Date: DECEMBER 5, 1988 Council Notes: Agenda I tem No. I 0 1592R/DB/mv 12-05-88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR COOPERATION BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Executive Director of the Redevelopment Agency of the City of San Bernardino is hereby authorized and directed to execute for and on behalf of the Redevelopment Agency of the City of San Bernardino, an Agreement for Cooperation with the San Bernardino Valley Municipal Water District. A copy of this Agreement is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the day of , 1988 by the following vote, to wit: AYES: Commissioners NAYS: ABSENT or ABSTAIN: III III III Secretary DAB:cez November 30, 1988 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT FOR COOPERATION BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT The foregoing resolution is hereby approved this day of , 1988. Chairman of the Community Development Commission of the City of San Bernardino Approved as to form and legal content: By:~j ../ Agenc Counsel 28 DAB: cez November 30, 1988 2 AGREEMENT FOR COOPERATION BETWEEN THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA This Agreement is entered into this ____ day of 1988 by and between the SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, a public agency ("District"), and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body ("Agency"). WITNESSETH: WHEREAS, Agency is proposing, in the interest of the health, safety and general welfare of the people of the City of San Bernardino, to undertake a program under the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) for the redevelopment within the City of blighted areas within the proposed Tri-city Redevelopment Project Area and the South Valle Redevelopment Project Area; and WHEREAS, District is in receipt of Ordinance No. MC-283, adopted by the Mayor and Common Council of the City of San Bernardino, California on June 20, 1983, and Ordinance No. MC-387, adopted by the Mayor and Common Council of the City of San Bernardino on July 11, 1984, both authorizing the redevelopment of areas within the territorial limits of the city of San Bernardino by the Redevelopment Agency of the City of San Bernardino; and DAB:cez November 30, 1988 1 WHEREAS, District is an affected taxing entity which has of San Bernardino on all of the property located in the proposed general purpose property taxes levied on its behalf by the County Project Area; and WHEREAS, the California Community Redevelopment Law (Health & Safety Code Sections 33000, et seq.) authorizes redevelopment agencies to reduce the costs they expect to incur in order to taxing agency with territory located within a project area other reduce the amount of tax increment needed and to pay to any than the community which has adopted the project, any amounts of money which in the Agency's determination is appropriate; and financial burden or detriment; and financial impact and has determined that Project will cause WHEREAS, District has submitted objections to Project's WHEREAS, District and Agency wish to enter into a cooperative agreement between themselves to provide mutual aid Agency and District have a common interest in and wish to and assistance in the redevelopment of certain areas of City and facilitate redevelopment within the City and to provide for the detriment caused to the District by the Project; and activities and otherwise alleviate any financial burden or cooperation of District and Agency in carrying out redevelopment WHEREAS, Agency has found and determined that it would be detriment caused to the District by the Project; and appropriate to partially alleviate any financial burden or WHEREAS, Agency and District, in consideration of these DAB:cez November 30, 1988 2 mutual undertakings, desire to settle their differences and the City; cooperatively provide for the redevelopment of certain areas of hereto agree as follows: mutual promises and covenants contained herein, the parties NOW, THEREFORE, in consideration of the foregoing and the 1988-89 tax year, the annual sum of THIRTY-FIVE THOUSAND DOLLARS 1. Agency agrees to pay to District, beginning with the ($35,000). Said amount shall be increased each year beginning with the 1989-90 tax year by two percent (2%) or such lesser Article XIII A, Section 2(b) of the California Constitution. to determine cash value of property in the County pursuant to amount as is used by the Assessor of the County of San Bernardino 2. That portion of taxes which are allocated to Agency District. held in a special fund and specifically designated until paid to Agency agrees that all such taxes which are to be paid shall be County Auditor or officer responsible for the payment of taxes. taxes are allocated and paid to Agency by the San Bernardino Agreement shall be paid to District within thirty (30) days after which are to be paid to District pursuant to Section 1 of this pursuant to Section 33670(b) of the Health and Safety Code and the City of San Bernardino. maintenance of public facilities located within the boundaries of Agreement shall be used for the construction, operation and 3. Funds allocated and paid to District pursuant to this DAB:cez November 30, 1988 3 forthwith and the parties agree to negotiate in good faith to of the California Constitution, this Agreement shall terminate the taxing limits currently allowed, pursuant to Article XIII A 4. Should future legislative or initiative action reduce legal constraints of the then existing law. reach an agreement on a new agreement within the practical and 5. Should the payments of the amounts specified in Constitution, the amount to be paid by Agency to District for imposed, pursuant to Article XIII B of the California paragraph 1 cause the District to exceed the revenue limits the district within the specified limit. that tax year shall be reduced in an amount sufficient to bring 6. It is hereby agreed by District that it supports the District further agrees that it will not object to technical Area and the South Valle Redevelopment Project Area, and the plans of redevelopment for the Tri-city Redevelopment Project land uses, etc. improvements of such plans adding capital improvements, revising County: fOllowing actions filed in the Superior Court for San Bernardino 7. District agrees to dismiss, with prejudice, the a. San Bernardino Valley Municipal Water District v. Redevelopment Agency, etc., et al.; SBSC Case No. 223718; b. San Bernardino Valley Municipal Water District v. All Persons, etc.; SBSC Case No. 219711; and DAB:cez November 30, 1988 4 c. San Bernardino Valley Municipal Water District v. All Persons, etc.; SBSC Case No. 224322. 8. Except as otherwise provided in paragraph 4, if, after its legislature or by initiative, enacts laws or POlicies in this Agreement is executed, the State of California, either by conflict with all or any portion of this Agreement, Agency and DIstrict may mutually agree to excuse performance of all or any portion of this Agreement by Agency or District. In the event determined to be unenforceable or invalid for any reason any section or portion of this Agreement shall be held, found or the parties thereto shall take such further actions as may be whatsoever, the remaining provisions shall remain in effect, and Agreement. intent of the parties as to all provisions set forth in this reasonably necessary and available to them to effectuate the III III III III III III III III III III III DAB:cez November 30, 1988 5 IN WITNESS WHEREFORE, the parties hereto have executed this Agreement as of the day and date first above shown. SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT By Approved as to form and legal content By Attorney for District COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By Approved as to form and legal content By Agency Counsel DAB:cez November 30, 1988 6 (MAYOR AND COMMON COUNCIL) Recommended Motion: A) Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THAT CERTAIN PROPERTY IDENTIFIED AS APN 135-061-10, LOCATED AT 566 NORTH LUGO AVENUE WITHIN THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA, BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO (HEALTH AND SAFETY CODE SECTION 33433) and specify that the purchase price shall be $26,071 and the estimated value of the interest to be conveyed is $1,175,000. B) Move to adopt a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. (CENTRAL CITY EAST PROJECT AREA); to specify that the purchase price will be $26,071; to ^add, by interlineation, the words "and other residents of San Bernardino and surrounding areas"^after the word "youth" in paragraph A of Section 16 of the Disposition and Development Agreement, in the paragraph numbered 1 on the second page of the Grant Deed, and in subpart 1 of Section 2(a) on the same page of the Grant Deed; and to change, by interlineation, Section 23 of said Agreement and paragraph 4 of the Grant Deed to read "... shall have the option to repurchase said property for $26,071 plus the fair market value at the time of the repurchase of all improvements built on the premises by the YWCA in compliance with the City's Codes and Regulations less the total of all CDBG grants received relating to the property. (COMMUNITY DEVELOPMENT COMMISSION) C) Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. (CENTRAL CITY EAST PROJECT AREA); to specify that the purchase price will be $26,071; to~add, by interlineation, the words "and other residents of San Bernardino and surrounding areas: "Aafter the word "youth" in paragraph A of Section 16 of the Disposition and Development Agreement, in the paragraph numbered 1 on the second page of the Grant Deed, and in subpart 1 of Section 2(a) on the same page of the Grant Deed; and to change, by interlineation, Section 23 of said Agreement and paragraph 4 of the Grant Deed to read "...shall have the option to repurchase said property ;e-& for $26,071 plus the fair market value at the time of repurchase of all improvements built on the premises by the YWCA in compliance with the City's codes and regulations less the total of all CDBG grants received relating to the property. *** OR *** (MAYOR AND COMMON COUNCIL) D) Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LEASE WITH THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNARDINO, RELATING TO LEASE OF SPACE and to add by interlineation "and surrounding areas" after "the City of San Bernardino" in the second line of page 5. (COMMUNITY DEVELOPMENT COMMISSION) E) Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LEASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO, AND THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF SAN BERNARDINO, and to add by interlineation "and surrounding areas" after "the City of San Bernardino" in the second line of page 5 ~ Move to adopt a RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE LEASE OF THAT CERTAIN PROPERTY IDENTIFIED AS APN 135-061-10, LOCATED AT 566 NORTH LUGO AVENUE WITHIN THE CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA, BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO TO THE YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO (HEALTH AND SAFETY CODE SECTION 33433) YWCA PROPOSED CHANGES TO LEASE 1. Change to Memorandum of Lease 2. 50-year renewal 3. Allow use by other than just city residents (included) 4. Delete review of insurance every three years 5. Payment of insurance proceeds to YWCA instead of City 6. Add that upon termination of lease, YWCA to be compensated for value of improvements 7. Add condemnation awards to be paid to YWCA instead of City. 8. Clarify that short-term room rentals need not be approved by City YWCA PROPOSED CHANGES TO SALE 1. Substitute "residents of San Bernardino and surrounding areas" for "youth" in restrictions on use (we added that language rather than substitute it) 2. Substitute "non-profit" for "not-for-profit" 3. On buy-out provision, add fair market value for improvements ~ ~-~