HomeMy WebLinkAbout12-05-1988 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.
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December 5, 1988
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(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."
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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.
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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.
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December 5, 1988
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(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.
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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
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(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
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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.
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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.
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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
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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.
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November 21, 1988
1374B
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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:
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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
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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
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7
8
9
10
11
12
13
14
15
16
17
18
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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
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3
4
5
6
7
8
9
10
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12
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25
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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
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6
7
8
9
10
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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
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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
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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
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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
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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
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III
III
III
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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:
~
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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
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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
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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
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The foregoing resolution is hereby approved this
of
, 1988.
day
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
a legal content:
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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
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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
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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.
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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
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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.
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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:
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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
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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
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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)
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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.
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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.
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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
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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
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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
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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
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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
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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.
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October 27, 1988
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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.
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October 27, 1988
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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
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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
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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
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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
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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.
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October 27, 1988
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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
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October 27, 1988
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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
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October 27, 1988
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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
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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.
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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
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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
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November 29, 1988
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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.
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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
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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
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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.
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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
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Chairman of the Community
Development Commission of
the City of San Bernardino
Approved as to form
and legal content:
BY:~
/ Agenc ounsel
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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
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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
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Chairman of the Community
Development Commission of
the City of San Bernardino
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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
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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
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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
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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
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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
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DAB:cez
November 30, 1988
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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
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