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Home My WebLink About10-24-1988 Regular Meeting SHAUNA CLA 2nd Floor CITY CLERK (2 SETS) COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGE N D A Regular Meeting October 24, 1988 11 :00 a.m. ROLL CALL Present: Absent: PUBLIC: Brief comments by general public. Motion: That the motions, indicated by Consent Calendar Items 1 through 4, be adopted, except for ___'___'___'___' CONSENT CALENDAR , (1) APPROVAL OF COMMISSION MINUTES MOTION: Community Development Commission Move to adopt the Commission Minutes of: a) October 3, 1988. . I b) October 5, 1988 .----, 7P.J/Ilj! o..(j"jla11l c) October 17, 1988 J (2) REDEVELOPMENT COMMITTEE MINUTES MOTION: Community Development Commission Move to receive & file the Redevelopment Committee Minutes of October 6, 1988 October 24, 1988 1540R (3) NORTHWEST REDEVl _PMENT PROJECT ARl.. CITIZENS ADVISORY COMMITTEE (NWPAC) - MINUTES MOTION: Community Development Commission , ; ~ Move to receive and file the NWPAC minutes of: a) June 13, 1988 b) September 12, 1988 (4) SOUTH VALLE REDEVELOPMENT PROJECT AREA CITIZENS ADVISORY COMMITTEE (SVCAC) - MINUTES Mo/ION: Community Development Commission v Move to receive and file the SVCAC minutes of June 24, 1988 END OF CONSENT CALENDAR (5) ACCOUNTS RECEIVABLE - VALERIE POPE-LUDLAM MOTION: Community Development Commission. Staff seeks direction from the Commission , '-/ __--_v._~__''''__ ,....._. ...........___ (6) ACCOUNTS RECEIVABLE - RICHARD COLE MOTION: Community Development Commission Move that the Accounts Receivable matter regarding the Cole expenditure be written off the Accounts Receivable Ledger as uncollectable. (7) CONVENTION & VISITOR BUREAU (CVB) r MOTION: Community Development Commission 1) Authorize funding in the amount of $15,000.00 for the Agency's I contribution to the Convention Visitor Bureau (CVB). 2) v Instruct staff to prepare the appropriate Agreement between the Agency and the Board of Directors of the Convention Visitor Bureau and authorize the Chairman and Secretary to execute same. 2 October 24, 1988 1540R '(;)"'')YWCA - SET PUBLlL. HEARING _/~. .-.----.... ..~.._.. MOTION: Mayor and Common Counc i r .,_...-..-.,._.....'"-"-~, .,., A) Move to set joint Public Hearing to consider the lease of real property among The City of San Bernardino, The Redevelopment Agency and Young Women Christian Association for 11:00 a.m., Monday, November 21, 1988. MOTION: Community Development Commission B) Move to set joint Public Hearing to consider the lease of real property among The City of San Bernardino, The Redevelopment Agency and Young Women Christian Association for 11 :00 a.m., Monday, November 21, 1988. C) Move to direct staff to return the $5,000 deposit to the YWCA or Move to direct staff to retain $5,000 deposit pending negotiations. (9) SEIP -AUTO PLAZA - FRIEDLANDER DEFAULT - PARCEL 6 of PARCEL MAP 9713 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 A DECLARATION OF FORFEITURE BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. (10) ROCKWELL INTERNATIONAL OPA, DDA, ETC. MOTION: Community Development Commission , 1. Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPERTY OWNER1S PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCKWELL INTERNATIONAL CORPORATION FOR THE REDEVELOPMENT OF THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA. 2) Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCKWELL INTERNATIONAL CORPORATION FOR THE DEVELOPMENT OF BLIGHTED AREAS IN THE CITY OF SAN BERNARDINO. 3 October 24, 1988 1540R (10) ROCKWELL INTER~. :ONAL OPA, DDA, E. . (continued) 3) Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LEASE AND OPTION TO PURCHASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCKWELL INTERNATIONAL CORPORATION TO LEASE CERTAIN PROPERTY WHICH SHALL BE USED FOR A PARKING LOT AND RELATED USES. 4) Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF THE AGCEPTANCE OF CONDITIONS OF EXCESS PARKING CONSENT FROM SOUTHERN CALIFORNIA EDISON COMPANY BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. 5) Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A DECLARATION OF RECIPROCAL EASEMENT BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. 6) Move to adopt RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A DRAINAGE EASEMENT BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. b) Move finding that the Rockwell project is consistent with the Preferred Land Use Alternative. c) Move to approve the payment of $15,937 to Willdan Associates, for consulting engineering work on the parking lot. 111) ,CLOSED SESSION (continued from 10-03-88) I '\,..... MOTION: Mayor and Common Council , Move to conduct a closed session pursuant to Government Code Section 54956.8, the Mayor and Common Council of the City of San Bernardino will convene in closed session 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. 4 October 24, 1988 1540R MOTION: Community L-..elopment CommissL,1 Move to conduct a closed session pursuant to Government Code Section 54956.8, the Community Development Commission/Redevelopment Agency of the City of San Bernardino will convene in closed session to discuss with it 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 H. Highland. ADJOURNMENT Community Development Commission The Community Development Commission/Redevelopment Agency meeting adjourned to November 7, 1988 at 11:00 in the Council Chambers, 300 North "0" Street, San Bernardino, CA 92418. ~ 5 October 24, 1988 1540R COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO SUPPLEMENTAL AGENDA Regular Meeting October 3, 1988 11:00 a.m. Roll Call Present: Absent: PUBLIC: Brief comments by general public. (1) CLOSED SESSION MOTION: Mayor and Common Council Move to conduct a closed session pursuant to Government Code Section 54956.8, the Mayor and Common Council of the City of San Bernardino will convene in closed session 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 1535W. Highland. . Lt: llV ot cBS 89. }(H31J ^ J.lJ-Q3^13~3~ 1 MOTION: Community Development Commission Move to conduct a closed session pursuant to Government Code Section 54956.8, the Community Development Commission/Redevelopment Agency of the City of San Bernardino will convene in closed session to discuss with it 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 October 17, 1988 at 11:00 in the Council Chambers, 300 North "D" Street, San Bernardino, CA 92418. 1537R 2 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I NUT E S Regular Meeting October 3, 1988 11 :20 a.m. The Community Development Commission/Redevelopment Agency meeting was called to order at 11 :20 a.m., on Monday, October 3, 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; Tom Minor; Valerie Pope-Ludlam; Norine Miller. Absent: Member Michael Maudsley and Member Tom Minor STAFF PRESENT J. Lorraine Velarde, Administrative Services Manager; John Hoeger, Development Division Manager; Dennis Barlow, Senior Assistant City Attorney; Clydell Peavie, Recording Secretary; Shauna Clark, City Clerk. PUBLIC: Brief comments by general public. There were none. CONSENT CALENDAR (1) APPROVAL OF COMMISSION MINUTES Community Development Commission Member Flores made a motion seconded by Member Reilly, to adopt the Commission Minutes of September 19, 1988. The motion carried by the following vote: Ayes: Members Estrada. Flores, Reilly, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Members Maudsley and Minor. October 3, 1988 1538R jiG (2) UPTOWN REDEVELOPMENT PROJECT AREA - CITIZEN ADVISORY COMMITTEE MINUTES Community Development Commission Member Flores made a motion, seconded by Reilly, to receive and file the Uptown Redevelopment Project Area - Citizen Advisory Committee Minutes of August 25, 1988. The motion carried by the following vote: Ayes: Members Estrada, Flores, Reilly, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Members Mauds1ey and Minor (3) REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGING OF NOTES RECEIVABLE REPORT FOR THE MONTH OF AUGUST 1988 Community Development Commission Member Flores made a motion, seconded by Reilly, to receive and file the Redevelopment Agency of the City of San Bernardino Aging of Notes Receivable Report for the month of August 1988. The motion carried by the following vote: Ayes: Members Estrada, Flores, Reilly, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Members Mauds1ey and Minor (4) SAN BERNARDINO REDEVELOPMENT AGENCY - QUARTERLY UPDATE Community Development Commission Member Flores made a motion, seconded by Reilly, to receive and file the San Bernardino Redevelopment Agency - Quarterly Update. The motion carried by the following vote: Ayes: Members Estrada, Flores, Reilly, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Members Mauds1ey and Minor (5) NW - ASSESSMEMT DISTRICT Community Development Commission Member Flores made a motion, seconded by Reilly, to receive and file information item. The motion carried by the following vote: Ayes: Members Estrada, Flores, Reilly, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Members Mauds1ey and Minor END OF CONSENT CALENDAR 2 October 3, 1988 1538R (6) CCN-PENTHOUSE INVESTMENT CORPORATION - CERTIFICATE OF COMPLETION Community Development Commission Member Estrada made a motion, seconded by Flores, to authorize issuance of a Certificate of Completion. The motion carried by the following vote: Ayes: Members Estrada, Flores, Reilly, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Members Maudsley and Minor (7) SECCOMBE LAKE AREA AD HOC COMMITTEE CENTRAL CITY SOUTH STUDY AD HOC COMMITTEE Community Development Commission Member Reilly made a motion, seconded by Miller, to disband the Central City East Committee and the Tri-City Committee. The motion carried by the following vote: Ayes: Members Estrada, Flores, Reilly, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Members Maudsley and Minor (8) MBM CORPORATION POTENTIAL - TRAVEL EXPENSE REIMBURSEMENT Community Development Commission Member Flores made a motion, seconded by Miller, to approve reimbursement of $3,072.00 in air fare and travel expenses to MBM Corporation. The motion carried by the following vote: Ayes: Members Estrada, Flores, Reilly, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Members Maudsley and Minor (9) NW PEC BUILDING #1 Community Development Commission A discussion ensued. Chairman Wilcox asked if the amount being approved was to cover all of the electrical problems 3 October 3, 1988 1538R John Hoeger, Development Division Manager, addressed the Commission and stated that the monies being asked for will take care of everything that is known about the electrical problems, plus provide funds for additional investigation of the various needs. Member Reilly made a motion, seconded by Miller, to authorize Lon's Electrical Service to repair electrical problems existing at the Public Enterprise Center in an amount not to exceed $15,000. The motion carried by the following vote: Ayes: Members Estrada, Flores, Reilly, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Members Maudsley and Minor (10) TC - FIRE STATION Community Development Commission Member Estrada made a motion, seconded by Flores, to approve execution by Chairman and Acting Secretary of Grant of Easement to Southern California Edison for Fire Station located on Vanderbilt Way in the Tri-City Project Area. The motion carried by the following vote: Ayes: Members Estrada, Flores, Reilly, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Members Maudsley and Minor (11) OWNER PARTICIPATION AGREEMENT - MARUKO, INC. Mayor and Common Council A discussion ensued. Loren Ostrow of KOAR, Inc., of Los Angeles addressed the Commission and explained that Maruko has a structured syndication in which Maruko sells undivided interests to the investors and then leases them back on a long term basis. The City will only be dealing with Maruko even when the leases terminate and this is done by adding a provision requiring Maruko to buy back the interest upon termination of the leases. Maruko will at all times control the entire Hotel project. He emphasized that although there will be over two hundred names on the Deeds, the partner of the City in this venture will continue to be Maruko. City Clerk read the titles of the Resolutions. RESOLUTION NO. 88-395 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LETTER TO MARUKO, INC. PURSUANT TO CERTAIN PROVISIONS OF THE OWNER PARTICIPATION AND DEVELOPMENT AGREEMENT. 4 October 3, 1988 1538R Member Miller made motion, seconded by Estrada, to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Flores, Reilly, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Members Mauds1ey and Minor Member Estrada made a motion, seconded by Reilly, to adopt the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Pope-Ludlam, Miller. Noes: Flores. Abstain: None. Absent: Members Mauds1ey and Minor Community Development Commission RESOLUTION NO. 5152 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LETTER TO MARUKO, INC. PURSUANT TO CERTAIN PROVISIONS OF THE OWNER PARTICIPATION AND DEVELOPMENT AGREEMENT. Member Miller made motion, seconded by Estrada, to waive further reading of the resolution. The motion carried by the following vote: Ayes: Members Estrada, Flores, Reilly, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Members Mauds1ey and Minor Member Estrada made a motion, seconded by Reilly, to adopt the resolution. The motion carried by the following vote: Ayes: Members Estrada, Reilly, Pope-Ludlam, Miller. Noes: Flores. Abstain: None. Absent: Members Maudsley and Minor COMMISSIONER MAUDSLEY ARRIVED at 11 :30 a.m. 12) YWCA - PUBLIC HEARING Community Development Commission MR. BARLOW WAS EXCUSED BY THE CHAIRMAN. A Discussion ensued. 5 October 3, 1988 1538R Chairman's recommendation on Item A were as follows: (1) Staff to search for the records on what they based the exchange price between the City and the YWCA. (2) Staff to find out what the value of that exchange was. (3) Staff to have an in-house evaluation on the property and to have this done prior to the Ways and Means Committee meeting. Member Estrada made a motion, seconded by Miller, to continue the Joint Public Hearing to Monday, November 21, 1988 at 11 :00 a.m. The motion carried by the following vote: Ayes: Members Estrada, Flores, Reilly, Maudsley, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Member Minor Mayor and Common Council Member Estrada made a motion, seconded by Miller, to continue the Joint Public Hearing to Monday, November 21, 1988 at 11 :00 a.m. The motion carried by the following vote: Ayes: Members Estrada, Flores, Reilly, Maudsley, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Member Minor (13) EMPLOYEE ASSISTANCE PROGRAM The City Clerk read the title of the resolution. RESOLUTION NO. 5153 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 TO SHARE THE TOTAL COST FOR THE SERVICES PROVIDED BY AN EMPLOYEE ASSISTANCE PROGRAM FOR AGENCY AND CITY EMPLOYEES. Member Miller made a motion, seconded by Flores, to waive further reading of the resolution and to adopt the resolution. The motion carried by the following vote: Ayes: Members Estrada, Flores, Reilly, Maudsley, Pope-Ludlam, Miller. Noes: None. Abstain: None. Absent: Member Minor 6 October 3, 1988 1538R (RS-1) CLOSED SESSION MAYOR AND COMMON COUNCIL Proceed to conduct a Closed Session pursuant to Government Code Section 54956.8, the Mayor and Common Council of the City of San Bernardino will convene in closed session 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 property which the negotiations concern is generally located at 1535 W. Highland. Member Miller made a motion, seconded by Estrada, to recess to closed session. The motion carried by the following vote: Ayes: Member Estrada, Reilly, Flores, Maudsley, Miller, Pope-Ludlam. Noes: Abstain: None. Absent: Minor. MEETING RECESSED At 12:25 the Community Development Commission/Redevelopment Agency recessed to closed session. MEETING RECONVENED At 12:45 p.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; Tom Minor; Valerie Pope-Ludlam; Norine Miller, Michael Maudsley Absent: Tom Minor. STAFF PRESENT J. Lorraine Velarde, Administrative Services Manager; John Hoeger, Development Division Manager; Dennis Barlow, Senior Assistant City Attorney; Clydell Peavie, Recording Secretary; Shauna Clark, City Clerk. Member Pope-Ludlam made a motion, seconded by Flores, to continue the Closed Session, supplemental item RS-l to the afternoon and to recess to the MIC room for a workshop. The motion carried by the following vote: Ayes: Member Estrada, Reilly, Flores, Maudsley, Miller, Pope-Ludlam. Noes: Abstain: None. Absent: Minor. MEETING RECESSED At 12:45 the Community Development Commission/Redevelopment Agency recessed to the afternoon. 7 October 3, 1988 1538R MEETING RECONVENED At 2:45 p.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; Tom Minor; Valerie Pope-Ludlam; Norine Miller, Michael Mauds1ey Absent: Tom Minor. STAFF PRESENT J. Lorraine Velarde, Administrative Services Manager; John Hoeger, Development Division Manager; Dennis Barlow, Senior Assistant City Attorney; C1yde11 Peavie, Recording Secretary; Shauna Clark, City Clerk. Member Estrada made a motion, seconded by Mauds1ey, to continue the Closed Session, supplemental item RS-1 to Wednesday, October 5, 1988. The motion carried by the following vote: Ayes: Member Estrada, Reilly, Flores, Mauds1ey, Miller, Pope-Ludlam. Noes: Abstain: None. Absent: Minor. Member Pope-Ludlam made a motion, seconded by Flores, to adjourn to October 5, 1988. The motion carried by the following vote: Ayes: Member Estrada, Reilly, Flores, Mauds1ey, Miller, Pope-Ludlam. Noes: Abstain: None. Absent: Minor. ADJOURNMENT The Community Development Commission/Redevelopment Agency meeting adjourned to Monday, October 5, 1988, at 11 :00 a.m., in the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California. 8 October 3, 1988 1538R COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I NUT E S Adjourned Regular Meeting October 5, 1988 9:00 a.m. The Community Development Commission/Redevelopment Agency meeting was called to order at 9:00 a.m., on Wednesday, October 5, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California, by Cha i rman Wll cox. ROLL CALL There were no Members present. STAFF PRESENT Shauna Clark, City Clerk. The City Clerk re-scheduled the 9:00 a.m. meeting to Monday, October 17, 1988 at 11 :00 a.m. due to lack of quorum. ADJOURNMENT Community Development Commission The Community Development Commission/Redevelopment Agency meeting adjourned to Monday, October 17, 1988, at 11 :00 a.m., in the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California October 5, 1988 1543R 16 COMMUNITY DEVELOPMENT COMMISSION/REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO M I NUT E S Adjourned Regular Meeting October 17, 1988 11:00 a.m. The Community Development Commission/Redevelopment Agency meeting was called to order at 11 :00 a.m., on Monday, October 17, 1988, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California, by Chairman Wilcox. ROLL CALL There were no Members present. STAFF PRESENT Shauna Clark, City Clerk. The City Clerk re-scheduled the 11 :00 a.m. meeting to Monday, October 24, 1988 at 11 :00 a.m. due to lack of quorum. ADJOURNMENT Community Development Commission The Community Development Commission/Redevelopment Agency meeting adjourned to Monday, October 24, 1988, at 11 :00 a.m., in the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California October 17, 1988 1545R /.r! MINUTES REDEVELOPMENT COMMITTEE Time: 4:07 p.m., Thursday, October 6, 1988 Place: Redevelopment Agency Conference Room Roll Call: Committee Members Esther Estrada, Chairman; Michael Maudsley, Councilman; Jess Flores, Councilman; Evlyn Wilcox, Mayor; Richard Bennecke, Executive Assistant to the Mayor; John Hoeger, Redevelopment Agency; Dennis Barlow, Senior Assistant City Attorney; Phil Arvizo, Executive Assistant to Council; Lorraine Velarde, Redevelopment Agency; John Wood, Redevelopment Agency; Gary Wagoner, Redevelopment Agency; Ann Harris, Main Street Project Manager; Sandra Medina, Redevelopment Agency. ITEM No. 1 COMMUNITY HOSPITAL The Mayor's office submitted this item for consideration. The Mayor received a letter from the Community Hospital regarding traffic signal improvements requirements. The particular intersection which is the subject of this letter is located at Medical Center Drive and 19th Street. Community Hospital stated in this letter that the cost to upgrade and relocated traffic signals per City's requirements was estimated at $95,000. The Committee called to Mr. Anwar Wagdy to come to the meeting to inform them approximately how much does he estimate the cost for the improvements, and what improvements are necessary to meet City standards? Mr. Anwar Wagdy, Traffic Engineer, informed the Committee that he inspected the present signal lights and informed the Community Hospital that they must relocate the signal poles and upgraded the traffic signal as a condition of approval. He stated that in his opinion the $95,000 estimate was too high. The Committee recommended that Mr. Wagdy investigate the cost submitted by Community Hospital to relocate and upgrade the traffic signal and report back to the Committee with his estimated figure. ITEM No. 2 DEVELOPMENT ACTIVITY REPORT - SEPTEMBER 1988 The Committee forwarded the Development Activity Report for September to the Commission as a receive and file item. ITEM No. 3 ART IN PUBLIC PLACES - VERBAL The Committee authorized Agency staff to issue a purchase order in the amount of $172 for payment of the balance due to the artist for installation costs. z CLOSED SESSION Pursuant to Government Code Section 54956.8, the Redevelopment Committee of the Redevelopment Agency of the City of San Bernardino convened in closed session in order to discuss several items for negotiation of real property. Pursuant to Government Code Section 54956.9(c), the Redevelopment Committee of the Redevelopment Agency of the City of San Bernardino convened in closed session to discuss possible litigation. . ADJOURNED MEETING At 6:30 p.m. the Redevelopment Committee adjourned. APPROVED: ~~-~ Esther Estrada, Chairman Redevelopment Committee ---..... 4467G:sm '. ~ ,liE c,~ . ~ r..... VI' ~, ~ "~h';'l' 'I" t:It <<t.l~l;;i~'; NORTHWEST REDEVELOPMENT PROJECT AREA COMMITTEE ~ -;. : ~ SE-P 2 8 '983 t }! MINUTES ~ ~ ~ ~~ ~~> ~.. "Q.]Q . ~, ' ERS PRESENT: Carl Clemons, Yarion Evans, Paroela Jorge Gutierrez, Leon Hall, Bessie Harris, Ruben Herndon, Harry Jacks, David Lechuga, Albert Lumpkin, Henry ~arshall, Dora Melgoza, Eddie Perez, Gary Kirkwood and '~illie Garrett. September 12, 1988 ~ - - ra, ~~ E 6L ,... Gordon LV ~ - ~~To5i FAC MEMBERS ABSENT: John Hobbs (Ex.), Frank Moore and Sarah Strong-Taylor. Leon Hall motioned to approve correspondence. Seconded by Henry Marshall. ~~tion approved. Carl Clemons motioned to shift agenda item number 6 to 5. Leon Hall second. Motion Passed. ~ci':fFry ROUTE Cud v' ..- Creg Carcia, administrator to the ~ayor, gave a presentation on city efforts to eradicate abandoned vehicles in the Sixth Ward. Mr. Carcia stated that the rire Department handles all abandoned vehicles on private property, the Police Department handles all abandoned vehicles on public property (e.g. streets and city right-of-ways) and that the city in the near future will have a computer system to address citizen co~olaints of various types, including reports of abandoned vehicles. Pe stated t~at the city has had problems addressing abandoned vehicles as well as other citizen complaints. This problem was due to past failed attempts by the Mayor's office, including the City Council to hire more staff for the Building and Safety Oepartment. Three ne'~ inspectors have been recently hired to address citizens' complaints. He stated that the city ~s addressing the backlog ~f ci~izen com- paints and once this backlog is corrected the C1ty w111 be in a position to address problems from a prevention attac~ on citizen complaints. He further stated that local cjti~en groups like the PAC need to work closelv with the citv to eradicate neighborhood problems. ~ ~ Jerry Simpson, Director of the San Bernardino Community Against Drugs. gave a presentation on F.A.n. (Families Against Drugs). She gave an over-view of her groups future planned activities for the San Bernardino area, including their 1988 conference against drugs to be held at San Bernardino Valley College on September 24, 1988. She further encouraged PAC members concerned about the drug problem to become active with her groups' activities. Harry Jacks motioned to accept Lita Pezant as a new PAC Member. Discussion ensued. Ms. Pezant stated that she did not receive a certified letter from the PAC asking her to become a PAC member. She believed that her civil rights were violated. She stated that she k~ew that a vacancy in the PAr existed in ~arch. The chair stated that a letter and two telephone calls were made to (9. a; - , .. Ms. Pezant and that she did not respond to either. Willie Garrett seconded the motion. Motion passed" with one abstention. Meeting adjourned. RESPECTFULLY SUBMITTED DAVID A. LECHUGA '" rILE COpy NJR1HtVEST REDEVELOPMENr PPDJECI'M.F.A. CI>>TITEE MIl-TIJIES Jt!:lE 13, 1988 PAC MEMBERS PRESENr: Pamela Gordon, Leon Hall, Bessie Harris, P.uben Jom Hobbs, IBvid Lechuga, Albert ~kin, Henry ~mshall, tora Melgoza, Eddie Perez, Willie Garrett. PAC MEMBERS ABSENT: Carl Clemms (A(E)), YBrion Evans, Jorge G.1tterrez (A(E)), Harry Jacks (A(E)), Vickie Lee, Juan Ortiz, Frank M:>ore, Gary Kirhxx>d, Sara Strong Taylor (A(E)), Clarence Leon Courns, representi.ng the "merican Legion Post 710 s'POke to tr-.e PAC concerning the Posts proposal to build an add ion to its facility. ?-"r. C"..ourns gave a brief over-view as to the costs, purpose and needs for coom.ini.ty support for the proposal. .' Albert ~kin expressed reservations about the proposed expansion of the post. He stated that he believes that the Legion's T!Dtion to have a big facility with the hiring of large name entertainment BTOtlPs to pay for the expansion w::>u1d Ccr.1- pete with other profit-generating facilitys w::>u1d be in violation the state charter governing, the various Amerj.can Legion Posts. He also expressed opposition to the legion allowing anyone in without being a member or guest of a member. He believe I s that the legion's charter is in violation because of the a1:.uve reasons. The Plarming Comnission recently approved the Posts proposal. Jom Hobbs notioned to approve the proposal. 2nd by Willie Garrett notion passed. Bessie Harris mt;i.oned with Jom fubbs second:ing the trotion to approve the correspondence. !he IIDtion 'WaS approved. Severval issues ~re dis.ussed by the PAC. The Chair agreed to send a letter to Greg Garcia requesting his pressence to discuss abandoned whicles in the Sixth ~d. In addition the chair agreed to send a letter to Chief of Police Barrnet concerning abandoned vehicles. Meeting was adjourned at approximately R: 00 !'. m. Respectfully subnitted, f)OJJIa (l.~c.J.d}(,.r;().., jrnb,. IBvid A. Lechuga Chainnan - I '= I 2.- .., ~ -- 0.bJ MINUTES SOUTH VALLE UDEVELOPMENT PROJECT AKEA CITIZENS ADVISORY COMMITTEE June 24, 1988 2:00 P.M. Location: llanageaent Infonaation Center (Sixth Floor) The meeting of the Citizens Advisory Committee for the South Valle Redevelopment Project Area was called to order by Chairman Mike Kunert, at approximately 2:06 p.m., in the Management Information Center at City Hall (Sixth Floor), 300 North "D" Street, San Bernardino, California. COMMITTEE MEMBERS PRESENT C<llMITTEE MEMBERS ABSENT Jack Dieterich Lionel Heller Mike Kunert, Chairman Leona Aronoff* Stanley E. Nelson* STAFF PRESENT Jill Hammer, Transcribing Secretary - RDA John Hoeger, Manager, Development Division - RDA Gary Wagoner, Development Specialist - RDA John Wood, Development Specialist - RDA GUEST PRESENT Don Burkett, Bank of Hemet Pat Green, Simchowlt, Corporation * Excused Absence - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Roll Call Roll call was taken by the transcribing secretary. Approval of Minutes of November 20, 1987 FORM MOTION: That the Minutes of the Meeting of November 20, 1987 be approved as submitted. Moved by: Jack Dieterich The motion was carried unanimously. Seconded by: Lionel Heller (j) Approval of Meeting Su..ary of Karch 18, 1988 FORM MOTION: That the Minutes of the Meeting of March 18, 1988 be approved as submitted. Moved by: Jack Dieterich The motion was carried unanimously. Seconded by: Lionel Heller South Valle Project Area Update Cf. Page 3, Mr. Dieterich asked how the Waterman South offramp project is to be funded. Ms. Green stated that the Simchowitz Corporation will fund the project unless the UDAG application is approved. Mr. Dieterich asked if the UDAG application also encompasses the planned Tealignment of Caroline Street. Ms. Green stated that the realignment of Caroline Street has been paid for. The UDAG will encompass the extension of the project through the piece of land owned by the Water Company. Cf. Page 4, Mr. Dieterich asked Ms. Green to explain the procedure for transforming the proposed vacated areas from the Caroline Street realignment into parking areas. Ms. Green stated that the Simchowitz Corporation will need to make a formal application to the City of San Bernardino for street vacation. This would be a vacation of a street dedicated for City use already. When the street is rededicated to the Simchowitz Corporation, it can be torn apart and replaced with parking spaces, or can be maintained as a private street after vacation proceedings are completed. Ms. Green emphasized that the main purpose for realigning Caroline Street is to promote better~traffic circulation. The realignment was included in the Master Traffic Study done for the area. Concerning proposed signalization for the area, Ms. Green stated that the first new signal will probably be at the Waterman South offramp; the second new signal for the area will probably be at Waterman and Caroline. Mr. Kunert asked if the realignment of Caroline and the proposed vacation would be accomplished within six months. Ms. Green stated that pending the move of the Roofing Co., she felt that vacation proceedings would be started within six months. Mr. Kunert requested a construction schedule as soon as it is available. Mr. Kunert asked what will be done with the utilities that are currently in place in Caroline Street. Ms. Green responded that all utilities will remain in place on the current property. An easement would be granted to the City so that nothing would be built on top of those utilities. -2- Ms. Green stated that there has been a delay in the receipt of the building permit for the Wickes Furniture building. That matter has been resolved; construction is scheduled to begin next week. She stated that a lease has been signed for the remaining 14,000 sq. ft. of the Wickes Furniture building. The scheduled opening date for Wickes Furniture is October 15, 1988. Mr. Kunert asked about the financial status of the Sports Club. Ms. Green reported that the Sports Club is still in bankruptcy proceedings. The corporation is waiting for a buyout. They are currently considering several offers from several different companies. Three locations have been closed. The San Bernardino store will not be closed due to its high sales volume. Cf. Page 2, Mr. Heller asked why Item No.3 was not extended westerly to the frontage road (i.e. an extension of Commercial Rd. that parallels Waterman Avenue). Mr. Heller stated that the frontage road endures a lot of truck traffic and is at present in poor condition and a safety hazard. General Obligation Bond Mr. Kunert asked about the status of the General Obligation Bond Issue. Ms. Hammer reported that a Blue Ribbon Committee has been formed with the following objectives in mind: (1) To decide the amount of the issue and (2) the actual projects that will be funded. The recommendations from this Blue Ribbon Committee are to be completed by July 18, 1988. The issue would still be subject to approval of the voters in November, 1988. Mr. Kunert requested that the Committee be informed if its proposals are being considered for funding by this bond issue. \. Financial Reports - South Valle Project Area Mr. Kunert requested that an updated report be provided to the Committee concerning the actual tax increment dollars that have been accrued thus far for the South Valle Project Area. Mr. Dieterich asked why tax increment funds that are accrued over and above projections aren't applied to needed projects for the area. Staff stated that it should be remembered that sales volume does not affect the amount of tax increment funds that anyone project accrues. Mr. Hoeger stated that tax increment amounts are based on property value alone. Committee members stated that it was their understanding that some of the revenue generated by sales tax in the project area was to be channelled back into the project area for needed improvements. Mr. Kunert requested that research be done to ascertain if 1% of the sales tax was to return to the area for needed improvements. Mr. Dieterich stated that he thinks that it is time that other areas in the South Valle Project Area, besides those being developed by the Simchowitz Corporation, begin to see some improvements. -3- General Plan Aaendaent Mr. Wagoner informed the Committee that a new General Plan is being prepared for the City of San Bernardino. In June, 1988, a one year extension was granted to the City of San Bernardino for completion of its General Plan. Mr. Wagoner reviewed the Interim Policy Document for the proposed General Plan. This document will control the types of development allowable by the City of San Bernardino until the new Gener~l Plan is adopted next year. Mr. Wagoner informed the Committee that the Preferred Land Use Alternative map was not yet available for perusal. Mr. Kunert asked what the direct effects of the new General Plan would be -on the South Valle Project Area. Mr. Wagoner stated that he cannot answer that question until the Preferred Land Use map is released. Mr. Kunert asked how the new General Plan will address existing, non-conforming uses within the South Valle Project Area. Mr. Wagoner responded that all existing, non-conforming uses will be "grandfathered." Mr. Dieterich asked how the General Plan will affect residents desiring to make improvements to their homes. Mr. Wagoner stated that that question would need to be researched further. Mr. Hoeger informed the Committee that the Interim Policy Document does not invalidate the current zoning ordinances except when they disagree; the Interim Policy Document would then control. Mr. Kunert requested that a Preferred Land Use Alternative map be sent to each Committee membei as soon as the map is available. South Valle CAe Meabership FORM MOTION: To accept the resignation of Jack Perlman from the South Valle Citizens Advisory Committee with regret. Moved by: Lionel Heller The motion was carried unanimously. Seconded by: Jack Dieterich FORM MOTION: To nominate Maurice Woods to serve on the South Valle Citizens Advisory Committee. Moved by: Jack Dieterich Seconded by: Lionel Heller -4- FORM MOTION: To receive the appointments of Lionel Heller and Stanley E. Nelson to the South Valle Citizens Advisory Committee, made by the Community Development Commission, effective May 2, 1988. Moved by: Jack Dieterich The motion was carried unanimously. Seconded by: Lionel Heller JlDA Staff Mr. Hoeger formally announced the resignation of Glenda Saul, Executive Director of the Redevelopment Agency. Mr. Hoeger advised the Committee that Mr. James E. Robbins has been appointed as the Acting Executive Director of the Redevelopment Agency. The recruitment process for a new Executive Director has commenced. Project Area Activity Report Mr. Kunert reviewed the Project Area Activity Report for the South Valle Project Area for April, 1988. Committee members requested that in the future they receive a copy of the complete Project Area Activity Report rather than just the portion dedicated to the South Valle Project Area. There being no further business, the meeting of June 24, 1988 was adjourned. Respectfully submitted, ChLL-m.~ .a1~ - M. Hammer Transcribing Secretary jmh:3271K -5- REDEVELOPMENT AGtNLY - REQUEST FOR CUMMISSION/COUNCIL ACTION FROM: J. Lorraine Velarde, Manager, Administrative Division SUBJECT: ACCOUNTS RECEIVABLE - VALERIE POPE-LUDLAM DATE: OCTOBER 18, 1988 Synopsis of Previous Commission/Council/Committee Action: 88-08-04 Redevelopment Committee reviewed and referred matter to Commission. 88-08-15 Community Development Commission heard matter and directed staff to prepare a letter for signature by Commission Chairman or Acting Executive Director to reimbursement of the duplicate payment she received for the September 1987 trip to Washington, D.C. 88-09-88 Matter on Redevelopment Committee Agenda and continued to next meeting. 88-10-04 Matter reviewed by Redevelopment Committee. (COMMUNITY DEVELOPMENT COMMISSION) Recommended Motion: Staff seeks direction from the Commission. ~~ Contact Person: James E. Robbins Supporting data attached: Yes Phone: Ward: 384-5081 All FUNDING REQUIREMENTS: Project: N/A Date: OCTOBER 24, 1988 Commission Notes: 4507G:JLV:sm Agenda Item No. 5 S T A F F R E P 0 R T BACKGROUND As you know, invoices have been mailed to Mrs. Ludlam since March 31, 1988 requesting reimbursement for duplicate payment made to her on October 16, 1987 for air fare in the amount of $963.00. Prior to the March 31, 1988 date there were verbal discussions and memos forwarded to her attention on the duplicate payment. Pursuant to the Commission instruction, a letter was forwarded to Commission Member Pope-Ludlam on August 17, 1988 requesting that she reimburse, within 30 days, the Agency on the over payment made to her for air fare. A copy of said letter is attached hereto and marked Exhibit "A". On October 6, 1988 the Redevelopment Committee received a proposal to compromise in the form of a memo dated October 6, 1988 from Mr. Arvizo, Executive Assistant to the Council. Mr. Arvizo was relaying, in writing, the conversation held with Mrs. Pope-Ludlam relative to this matter. A copy of said memo is attached and marked Exhibit "B". The Redevelopment Committee recommended to the Commission that her proposal be given consideration. Staff seeks direction from the Commission. JLV:sm:4507G 2 A:% ~ u~" REDEVEJ QPMENT AGlf.NCY OF THE CITY OF bAN BERNARDINO, "ALIFORNIA GLENDA SAUL UECtmVE DIUC'TOR August 17, 1988 Commissioner Valerie Pope-Ludlam 1818 N. Colorado Avenue San Bernardino, Ca 92411 Dear Valerie: (j In accordance with the discussion held at the August 15, 1988 Collll.1.ssion aeeting please arrange to reimburse the Agency the *963.00 overpayment aade to you in October 16, 1987. Your atateaents at the Collll.1.ssion aeeting reflected a understanding of the aituation at band and you will recall that the Agency's credit card was used to aecure your air transportation. That thereafter, due to a clerical oversight, the air fare was listed on your October 7, 1988 aemo requesting payment to you for travel expenditures. It is clear that the reimbursement to you of the *963.00 was a overpa}'1lent. Copies of the appropriate back-up are attached hereto. It would be appreciated if you would reimburse the Agency for the over payment aade to you in the amount of *963.00. We would appreciate receiving aame within 30 days so that this aatter can be removed from the Accounts Receivable Report. Thanking you for your continued cooperation in this aatter. :l tru1yyours, ... Evl~!2Z~ Community Development Commission Attachment EW:JER:mv:l488R 1'-9/16/88 \. .. CIn' HALL . 300 NORTH "n" STREET . SAN BERNARDINO . CALIFORNIA 924Ul TELEX: 6711291 RDEV UW . PHONE: (714) 384.5081 eitlvlJ,r''/J II CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM 8810-203 FROM: Redevelopment Committee Council Office TO: SUBJECT: Councilwoman Pope-Ludlam's Travel to Washington, D.C. - September 23-24, 1987 DATE: October 6, 1988 COPIES: ------------------------------------------------------------- I spoke with Councilwoman Pope-Ludlam regarding dupli- cate payment of air fare. She will reimburse the Agency but, since she was not reimbursed for Richard Cole's meals ($70) and hotel ($214.73, she wants that deducted. Additionally, she paid $67 for First Class seats and should be reimbursed that amount. I explained that paying for Mr. Cole's meals and hotel would be an admission by the RDA that he was authorized to travel to Washington and I didn't believe the Committee would be receptive. She says she will go to Court with Mr. Cole. She refuses to pay that amount. It breaks ,- out as follows: $963.00 - 214.73 70.00 $678.27 67.00 $611.27 Overpaid air fare Mr. Cole's Hotel Mr. Cole's Meals - Amount she will refund - Amount paid for additional First Class charge, . I told her I would take this to the RDA Committee. ~ PHILIP A. ARVIZO Executive Assistant to the Council PAA: jv ei.,J,.t " B " RtDtVtLOPMtNT AGtNCY - RtQUtST FOR COMMISSION/COUNCIL ACTION FROM: J. Lorraine Velarde, Manager, Administrative Division SUBJECT: ACCOUNTS RECEIVABLE - RICHARD COLE DATE: OCTOBER 18, 1988 Synopsis of Previous Commission/Council/Committee Action: 8-04-88 Redevelopment Committee reviewed the matter. 08-15-88 Community Development Commission heard the matter and referred the item back to the Committee for their September 8, 1988 meeting. 09-08-88 Redevelopment Committee given updated status 09-19-88 Community Development Commission instructed staff to prepare the appropriate documentation and submit the Claim to Small Claims Court. (COMMUNITY DEVELOPMENT COMMISSION) Recommended Motion: Move that the Accounts Receivable matter regarding the Cole expenditure be written off the Accounts Receivable Ledger as uncollectible. ~ _ P-A~ ~ ~tur ;: l d~~J-R- Contact Person: James E. Robbins Phone: 384-5081 N/A Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: $963.00 Project: N/A Date: OCTOBER 24, 1988 Commission Notes: 4506G:JLV:sm:4506G Agenda Item No. to Synopsis of Previous Commission/Committee Action: (continued) 10-06-88 Redevelopment Committee requested that staff bring the matter back to the Commission for reconsideration of action taken on September 19, 1988. 4056G:JLV:sm:4506G 2 S T A F f R E P 0 R T As you may recall, pursuant to Commission action taken on August 15, 1988 a certified letter was prepared for the Chairman's signature dated August 17, 1988 to Mr. Richard Cole. The postal return receipt reflects that mr. Cole received the letter on August 22, 1988. The Redevelopment Committee reviewed the matter at their September 8, 1988 meeting and the Committee recommended that this item be forwarded to the Commission with the recommendation that staff be instructed to write-off the charges as uncollectible. The matter was forwarded to the Commission on September 19, 1988 and the Commission rejected the Committee's recommendation and instructed staff to proceed with a Small Claims Court action. The Redevelopment Committee discussed the matter at their October 6, 1988 meeting and received comments from Legal Counsel and staff. After discussion, the Committee instructed staff to prepare this item for the Commission's recommendations. 4056G:JLV:sm:4506G 3 REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION FROM: J. Lorraine Velarde, Manager, Administrative Division SUBJECT: CONVENTION & VISITOR BUREAU (CVB) DATE: OCTOBER 18, 1988 Synopsis of Previous Commission/Council/Committee Action: 88/09/08 The Mayor and Common Council referred the matter of a CVB to Ways & Means Committee and Steering Committee members were invited to attend. 88/10/10 The Ways and Means Committee of the Common Council reviewed and endorsed the CVB plan of action and recommended members for the CVB Board. (COMMUNITY DEVELOPMENT COMMISSION) Recommended Motion: 1) Authorize funding in the amount of $15,000.00 for the Agency's contribution to the Convention Visitor Bureau (CVB). 2) Instruct staff to prepare the appropriate Agreement between the Agency and the Board of Directors of the Convention Visitor Bureau and authorize the Chairman and Secretary to execute same. ~~~ I~~ ~I;gnature - L<- Contact Person: James E. Robbins Phone: - 384-5081 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: $15,000 Project: All Date: OCTOBER 24, 1988 Commission Notes: 4504G: JLV: sm Agenda Item No. ~ S T A F F R E P 0 R T This item is a companion item to the Council's agenda item on the formation and funding of the Convention Visitor Bureau. The funding sources identified are outlined below. Funding Amount Source 1988-89 1989-90 General $28,920 $100,000 Redevelopment Agency $ 15,000 $ 30,000 Parking & Business $ 10,000 Improvement Fund Community Development $ 7,500 Gross Receipts Tax Cable TV (CATV) $ 8,000 JLV: sm: 4504G 2 Reasoning The transient occupancy tax (TOT) of approximately $1,000,000 is derived from a 8% tax on hotel/motel gross receipts and the CVB proposal would return a portion of the TOT to the industry. The Convention Center and most of the hotels/motels are located in RDA project areas and funding would be used to promote and expand the economic growth of the tourism industry within those project areas. This fund will be used to promote general retail activities in the district which includes much of the central business district that will directly benefit from increase tourism activities. By agreement with the Maruko, the City is to receive 1% of gross receipts for convention center from $1,500,000 to $2,000,000 and 2% of receipts above $2,000,000 each year, which are proposed to be spent for promotional activities of the CVB. The City's CATV operation would produce a CVB video/slide presentation which would be provided on an in-kind basis. SBACC/CVB $ 3,060 $ 11.790 In-kind services for Memberships rent and utilities has been proposed by the Chamber of Commerce (SBACC) plus donations and membership fees for hotels, motels and restaurants will show a commitment from the private sector, which should grow in future years. TOTAL $66,980 $183,410 Combined 18 months total of $250,390 for all sources. JLV: sm: 4504G 3 REDEVELOPMENT AGENCY - REQUEST FOR COMMISSION/COUNCIL ACTION FROM: James E. Robbins, Acting Executive Director SUBJECT: YWCA - SET PUBLIC HEARING DATE: OCTOBER 12, 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 expenditure of funds for the rehab of County Agriculture Bldg. 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 2) (MAYOR AND COMMON COUNCIL) Recommended Motion: A) Move to set joint Public Hearing to consider the lease of real property among The City of San Bernardino, The Redevelopment Agency and Young Women Christian Association for 11:00 a.m., Monday, November 21, 1988. (Item Band C continued on page 2) ~,\".. . nature 0- Contact Person: James E. Robbins Phone: 384-5081 Supporting data attached: Yes Ward: 1st FUNDING REQUIREMENTS: N/A Project: CCE Date: October 27, 1988 Council Notes: 4478G:SG:sm Agenda Item No. 2 (COMMUNITY DEVELOPMENT COMMISSION) B) Move to set joint Public Hearing to consider the lease of real property among The City of San Bernardino, The Redevelopment Agency and Young Women Christian Association for 11 :00 a.m., Monday, November 21, 1988. C) Move to direct staff to return the $5,000 deposit to the YWCA or Move to direct staff to retain $5,000 deposit pending negotiations. 4478G:SG:sm: 2 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. Staff 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. 08/29/88 YWCA Ad Hoc Committee recommended sale and referred to Ways and Means Committee to determine sales price. 4478G:SG:sm: 3 Synopsis of Previous Commission/Council action: (continued) 09/06/88 09/19/88 09/26/88 10/03/88 10/10/88 4478G:SG:sm: Set Joint Public Hearing for September 19, 1988. Joint Public Hearing continued to Monday, October 3, 1988. Ways and Means Committee continued to October 10, 1988. 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. Ways & Means Committee recommended lease with YWCA with reduced insurance requirements. 4 S T A F F R E P 0 R T BACKGROUND The Joint Public Hearing to consider the sale of the YWCA property is scheduled for Monday, November 21. 1988 at 11 :00 a.m. Since the issue to lease the building to the YWCA is still an alternative being considered, staff was asked to prepare a request to set a Joint Public Hearing to consider a lease to the YWCA for the same date and time. Directing its efforts towards a sale, the Ways and Means Committee met on September 26. 1988 to determine a sales price. The Committee reviewed current property values and requested 1976 property values. Staff reported to Mayor and Common Council on October 3, 1988, the cost and time element involved to obtain a 1976 Certified Registered Appraisal. Council directed staff to prepare an in-house analysis of 1976 values using City and Agency records. On October 7, 1988, staff reported to Ways and Means that there was insufficient material within the Redevelopment Agency files pertaining to 1976 property values. The Public Works Department is presently searching its files. The Committee inquired about the legality of restricting use (upon sale) to the YWCA alone. Legal Counsel advised that the use can be restricted to youth programs, but there can be legal difficulty if restricted to the YWCA only. After discussion, the Committee recommended returning to a lease of the property to the YWCA with reduced insurance requirements of $1 million liability coverage by lessee, plus $1 million by each sub-lessee. Staff is seeking further direction for the processing of the $5,000 deposit still in the Redevelopment Agency's possession. The $5,000 was not returned because the YWCA did not sign the lease. With the sequence of events that have occurred in this transaction, staff is unclear about the Commission's current preference and is requesting clarification. 4478G:SG:sm 5 (0 o I 10 II) - - ~ i Uo OCl C~ ;;~ .... g- ....s .-(\1 CD 0( \0 C~~ o I/) ~~- ..:. . . 0 c: ~ . . 0 " c: " .... ~ ~ c: r::: <ID 0 cD S6/~ CI) a ... .2 1&1 1&1 \,) It: ~ ... en ~ e. I ~ ... . ... . 0 d Ii ~ ~- ~iP. .. . @ . 5 -, .. VI .. co,.. I. I I .:,', , ~ I ~ I. ~ I . I ~ I _ I . I I I I " ,~ ). \, .,. \. 1P-~" i.. I .1 :). ~. I I 1 I I~..l · · , I I IT' · ____ ~__.L__..L. __~__.L. __J.___J.___L-__ _..!~__ ~ a ~ .. c 11 ~C! o .. e.o : E ' :~; ~ -1 'O:g ~ -A ~ -'u '1"\ /l\ J e.S .:; ~... J ~ _ , ~ Cr ~ I ... - - :.. \l'\ \ ':" - -- ~ ~ .. v ,.;: .... r.:-. ~ - J; "" - .. ~ V. (, '''''' i! ( '" IO';~W'>>~,.... . -~ a.oo.er _ ~ 00 Co , \itn tr ~ v .'~" ,,~ -;to ~ l r'\.. ""~ 00 " ~ I:: ~ ;1, ; ,~ ~i:e ....,... b COC 01 (,) Q.- 0 OOlc aJ),- ILl! .~ g 010 ~ -II) _ .-CD -.. .oc ~i:& ... te 01 ~ ~ cD : ~ cD ,,; ~ "- ....- o .... ..., 0 o 2: i ~ U N ~ ~ .a i ~ :;) t= .- .!! l:: lL. it 't .. .. .. .. .. Vi ;n ~ ; it iA: . . . ... << .. .. , . ,....... ,..., ,..., a H C'tlO I. .. C!> ~ I '. ~ I . ~ I '" . ~ 1 $ I~) ~) 10 I I I se,# (Or I '3 .. A~M . ~ - ~) ~l d -~-; @ ~ - .. (.~) . !! ~ l~' .I.",., -~---o-T --1:i~ (.., eL~- I, ~-\ I (I." ~ 1 I rS' ('to 0& <ID '.~.I "~~3'S ... ~ It: ... en . WI '" - @ '. . .. 'I ~ , I. @ ~ ~ II) ,S~. '" It I RtDtVtLOPMtNT AGt~~Y - RtQUtST FOR CUMMISSION/COUNCIL ACTION FROM: James E. Robbins, Acting Executive Director SUBJECT: SEIP - AUTO PLAZA - FRIEDLANDER DEFAULT - PARCEL 6 of PARCEL MAP 9713 DATE: OCTOBER 11, 1988 Synopsis of Previous Commission/Council/Committee Action: 86-12-02 Approval in concept of an OPA for development of an Auto Center. 86-12-23 Approval of Resolution 4831 authorizing an OPA with Orange Show Plaza Associates. 86-07-07 Set Joint Public Hearing for July 21, 1986 at 11 :00 a.m. to consider sale of certain real property. Resolution 86-300 authorized execution of Grant Deed. Resolution 86-301 approved sale of APN 141-251-39 to Orange Show Plaza Associates. Resolution 4900 authorized secretary to execute and accept conveyance from City. (continued on page 2) (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 A DECLARATION OF FORFEITURE BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. ~ ~~9--- Sig re Contact Person: James E. Robbins Supporting data attached: Yes Phone: Hard: 384-5081 3 FUNDING REQUIREMENTS: None Project: SEIP Date: OCTOBER 24, 1988 Council Notes: 4471G:JER:SG:sm Agenda Item No. q Synopsis of Previous Commission/Council action: (continued) Motion authorizing execution of Subordination Agreement subordinating RDA Note, Trust Deed, and OPA to construction financing documents. Resolution 4901 authorized First Amendment to OPA. 88-05-02 Resolution 5111 authorizing Second Amendment to OPA. 88-07-05 Motion directing Counsel to prepare Notice of Default to Herbert T. Friedlander. 88-10-06 Redevelopment Committee Closed Session. ~ 4472G:JER:SG:sm 2 S T A F F R E P 0 R T Staff and Redevelopment Committee recommend your authorization to file a Declaration of Forfeiture which exercises our rights to reenter and take possession of Parcel 6 of Parcel Map 9713 (Friedlander) in the Auto Plaza development. BACKGROUND On July 5, 1988, staff was directed to file a Notice of Default to Herbert T. Friedlander who has failed to comply with the conditions set forth in the Grant Deed for Parcel 6 of Parcel Map 9713. Construction of an Automobile Dealership was to have begun by June, 1987. The Notice of Default allowed three months from recordation (by 10/8/88) for compliance. Filing the notice has resulted in considerable discussion and we are informed that an agreement for new ownership has been reached but no formal action taken. Mr. Friedlander's lack of action and failure to cure the default leaves us no alternative but to proceed and take possession of the parce 1 . Through the developers, Acura has encouraged us to take a firm stand on this site, saying they have a number of eligible people who would own and operate a dealership. Upon repossession of the property, staff will arrange a meeting with Orange Show Plaza Associates to discuss and evaluate the disposition of this parcel for the on-going development of the Auto Plaza. The more likely result is that filing the formal Declaration will result in commencement of construction by the new owners who have been negotiating with Mr. Friedlander. ~ 4472G: JER: SG: sm 3 .L NO,z,H I NPr1Z?~u- ~J ---- " . ~ , .., ~ ". .,..:....,~ '1 . I~ l"tt:'t7~ep c.ac..fM~~t- ,Q6.V'St.a'='M6Nr ~M~ ~ /t;1-rI"'''' I~ A~P"/~IJ HAl'rMPIJ II PIlAt A1'!!!W~ HA/ffMPN ~ ('fk'ff&.J~-( JA."fi". ~ u: ~ '-- "" 7 HYvNPAI t?At-r,4 6At-rA Av-rp e,"N~ Pf'(. ~ - 1 ~ ~ ~ e ~ ., MlnfJrUI!V6!l1 \\ N166A^' 6*-tt7WtA':?~ I A1JfQ ~~-M'~" f\A i11'~1 f(l~ 1f1\/~~ -z 6 , '- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ~ 19 20 21 22 23 24 2G 26 27 28 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A DECLARATION OF FORFEITURE BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 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 a Declaration of Forfeiture for and on behalf of the Redevelopment Agency of the City of San Bernardino. A copy of this Declaration 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 regular meeting thereof, held on the day of , 1988 by the following vote, to wit: AYES: Commissioners NAYS: ABSENT or ABSTAIN: Acting Secretary DAB:cez October 18, 1988 1 ~ 19 1 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO REGARDING EXECUTION OF A DECLARATION OF FORFEITURE 3 4 5 The foregoing resolution is hereby approved this day 6 of , 1988. 7 8 9 10 11 12 13 14 15 16 17 18 Chairman of the Community Development Commission of the City of San Bernardino Approved as to form and legal content: ~ Agen ounsel 20 21 22 23 24 25 26 27 28 DAB:cez October 18, 1988 2 Recording Requested By And When Recorded Mail To: THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 300 North "D" Street, 4th Floor San Bernardino, CA 93418 DECLARATION OF FORFEITURE IT IS HEREBY DECLARED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO BY AND THROUGH ITS CHAIRMAN AND ACTING SECRETARY AS FOLLOWS: 1. The property described in Exhibit "A", which is attached hereto and incorporated herein, is in default of the provisions of the Owner's Participation Agreement dated December 23, 1985, and recorded as Document No. 86-051984, San Bernardino County Records, and of the provisions of the Deed from Orange Show Plaza Associates, a California Limited Partnership, to Robert R. F Longpre, a married man, as his sole and separate property, dated December 29, 1986, and recorded on December 31, 1986, as Document No. 86-404601, Official Records of San Bernardino County, and of the provisions of the Deed from Robert R. Longpre, a married man, to Herbert T. Friedlander, an unmarried man, datea December 30, 1986, and recorded on December 31, 1986, as Document No. 86-404602, Official Records of San Bernardino County, in that the Grantees thereof have failed to commence or complete construction thereon of an automobile dealership in accordance with the above-noted documents. DAB:cez October 12, 1988 1 . \\ C\ \' 2- x. \J-t.~ ~ r\ 2. Notice of such default, dated July 5, 1988, was recorded on July 8, 1988, as Document No. 88-219951, Official Records of San Bernardino County, and was personally served on Mr. Herbert Friedlander, the record owner of said property, on July 27, 1988. 3. Since the recordation of said Notice of Default, the default has not been cured in that the required construction has neither been commenced nor completed. 4. Orange Show Plaza Associates, a California Limited Partnership, originally received title to the subject property by a deed dated ~~y~~_~~__________ and recorded on August 1, 1986 as Document No. 86-218182 , San Bernardino County Records. 5. BASED ON THE FOREGOING FACTS AND PURSUANT TO THE AUTHORITY OUTLINED IN THE DOCUMENTS REFERENCED ABOVE, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DOES HEREBY " EXERCISE ITS RIGHT TO REENTER SAID PROPERTY AND TAKE POSSESSION THEREOF, AND TO TERMINATE (AND THEREBY VEST IN THE AGENCY) TITLE TO THE LAND. ALL CONVEYANCES OR CLAIMS CONTRARY TO THIS DECLARATION ARE HEREBY NULL AND VOID. Dated: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By Chairman By Acting Secretary DAB:cez October 12, 1988 2 ------ ..------- ......,.- ......- REDEVELOPMENT AGtN~Y - REQUEST FOR tuMMISSION/COUNCIL ACTION FROM: John Hoeger, Manager, Development Division SUBJECT: ROCKWELL INTERNATIONAL OPA, DDA, ETC. DATE: OCTOBER 7, 1988 Synopsis of Previous Commission/Council/Committee Action: 88-03-10 Committee received and filed report on Rockwell financing. 88-03-21 Commission approved hiring appraiser to evaluate Thomason land and for staff to negotiate with Thomason estate representative Bob Holcomb. 88-05-02 Commission considered proposed hazardous waste clause; continued matter to May 9, 1988. 88-05-19 Committee received and filed information on proposed OPA, parking solutions and hazardous waste clause. 88-06-23 Committee received and filed draft OPA. <Cont'd) Recommended Motion: <COMMUNITY DEVELOPMENT COMMISSION) a) Move to adopt: . , 1) RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPERTY OHNER'S PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCKWELL INTERNATIONAL CORPORATION FOR THE REDEVELOPMENT OF THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA. >f <Cont'd) ~,~~ gnature Contact Person: James E. Robbins Phone: 384-5081 Supporting data attached: Yes Hard: FUNDING REQUIREMENTS: $755,000 Project: SEIP Date: October 24, 1988 Council Notes: JH:JH:sm:4505G Agenda Item No. /0 Synopsis of Previous Commission/Council/Committee Action: (Continued) 88-10-06 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. , , JH:JW:sm:4505G 2 Recommended Motion: (cont'd) 2) RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCKWELL INTERNATIONAL CORPORATION FOR THE DEVELOPMENT OF BLIGHTED AREAS IN THE CITY OF SAN BERNARDINO. 3) RESOLUTION OF THE COMMUNITY DEVELOPMENT- COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A LEASE AND OPTION TO PURCHASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCKWELL INTERNATIONAL CORPORATION TO LEASE CERTAIN PROPERTY WHICH SHALL BE USED FOR A PARKING LOT AND RELATED USES. 4) RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF THE ACCEPTANCE OF CONDITIONS OF EXCESS PARKING CONSENT FROM SOUTHERN CALIFORNIA EDISON COMPANY BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. 5) RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A DECLARATION OF RECIPROCAL EASEMENT BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. 6) RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A DRAINAGE EASEMENT BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. b) Move finding that the Rockwell project is consistent with the Preferred Land Use Alternative. . , c) Move to approve the payment of $15,937 to Willdan Associates, for consulting engineering work on the parking lot. JH:JW:sm:4505G 3 S T A F F R E P 0 R T Staff and the Redevelopment Committee recommend 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 $15,937 to Willdan Associates, for consulting engineering work on the parking lot. BACKGROUND Rockwell closed escrow July 12, 1988 on the two buildings (when completed, totaling 133,000 SF> and the vacant lot (2.06 acres) on Cooley Court. Since then they have been working steadily to add the second floors to the buildings, in anticipation of the beginning of operations in October. The following is a recap of the impact of this new facility on the City of San Bernardino: Investments -Main Rail Spur $ 100,000 -Branch Spurs 450,000 -Office Tenant Improvements 3,000,000 -Furniture & Office Equipment 4,000,000 -Rail Docks and Covers 300,000 -Parking Improvements 200,000 -Electronic Laboratory Equipment & Improvements 1,600,000 -Telecom and Computer Equipment $2,600,000 TOTAL New Assessed Value $12,050,000 Yearly new tax increment from project $120,500 .. Other City benefits from project: , -One- Ti me City Fees $149,850 -Utility Tax $108,000 per year -Jobs 700 For some months now we have been negotiating an OPA with Rockwell. The following is an itemization of proposed incentives to be provided by the Redevelopment Agency: 1) Relocate Sewer Line 2) Traffic and Parking Study 3) Rail Spur $45,000.00 10,000.00 250,000.00 JH:JW: sm:4505G 4 4) Employment linka 5) Traffic Signal 6) Sewer Capacity Rights 7) Excess Parking Area 8) Parking lot Engineering Total Proposed Assistance: 50, ).00 120,000.00 45,000.00 200.000.00 35.000.00 $755.000.00 Reimbursement of Rockwell will take place as follows: 1) $92,000.00 per year x 5 years for relocation of the sewer line, the rail spur, the traffic signal and the sewer capacity rights $460.000.00 2) $1.000.00 x 50 jobs. paid under an Employment linkage agreement 3) Traffic and Parking Study 4) Parking Lot Engineering 5) Agency contribution to produce a 305 space parking lot Total Proposed Assistance: Rockwell's Obligations 50.000.00 10.000.00 35.000.00 $200,000.00 $755,000.00 Rockwell will be committing to maintain a 90,000 square foot facility for research. development, offices and manufacturing, and employ 250 persons for 5 years (or else compensate us accordingly). The OPA also contains language obligating Rockwell for maintenance of its landscaping, parking areas (including that constructed on the RDA-owned land) and the exterior of its buildings. These shall be maintained in accordance with industry standards. as determined by the Redevelopment Agency. Rockwell shall agree to join any maintenance and security district created in the future. and shall be responsible for any additional parking costs above the $200.000 to be provided by the Agency. .. , In addition to the OPA, which mainly covers the facility site. there are a number of agreement which pertain to the parking lot site on the North side of Cooley Avenue. They are detailed as follows: DDA and Lease with Option to Purchase Rockwell will to lease the Redevelopment Agency-owned parcels for $1 per year for a period of ten years. The lease contains an option to purchase at any time within the ten year period. however. Rockwell must pay the fair market value of the land at the time of the exercise of the option. JH: JW: sm: 4505G 5 Edison Agreement Because of easements held by Edison, their permission had to be secured, allowing the parking lot to be constructed and used, pursuant to certain conditions. Rockwell and Edison have worked together to produce the terms of this agreement. Declaration of Reciprocal Easement Required by the City's Public Works/Engineering Department, this agreement essentially prevents one of the two subject parcels from being sold separately from the other. The effect of this is to preserv~ necessary access and drainage rights. . Drainage Easement Also required by Public Works/Engineering, this agreement provides for drainage from Cooley Avenue over one of the parking lot parcels. Findings of Consistency Under the Interim Policy Document, we are required to make findings that the Rockwell project is consistent with the Preferred Land Use Alternative. The project is consistent with the Preferred Land Use Alternative adopted by the Mayor and Council for the City of San Bernardino in that: a. The land use designation for this property is IH. b. This designation allows light through general industrial uses. c. The project proposes to would use the property for defense systems construction, which is consistent with the uses allowed under the designation in the Preferred Land Use Alternative. A final matter needing approval is a portion of the engineering costs for the parking lot. Our contract with Willdan Associates expired on June 30, 1988 at which time Willdan was already working on the Rockwell project. Since then we ~ have accrued $15,937 in fees to complete the engineering work. On October 6, 1988, the Committee recommended approval for the payment of $10,137, but since then we were invoiced separately for $5,800, covering the final billing for a soils investigation and report which was not included in the earlier billing. In summary, the Rockwell project is well underway, with staffing beginning in October, 1988. It has taken quite a long time to negotiate the necessary agreements, but they are now ready for execution. Copies of the OPA, DDA, Lease and Option to Purchase, Edison Agreement, Declaration of Reciprocal Easement and Drainage Easement, together with an orientation map of the site, are attached for your review. JH:JW:sm:4505G 6 . ~ - l -:~ . , '. ~ '. , .. . _.. . . , ~_. .. . r , cho Ion . .rAI I... .1. a.. ". . . ----- .JI_. :, ~i; If f. ." e " I · " ~ "" ~.~:~..~\ ~~; "i:.!~.:~ . ; .. . '-:' .. '. . , . ., ., j . ..... . ..-... '.. - . fl.. . . '.. _it, .. ~ .. ., tC=I tl 01 II I 0... . .. .. .. . . ""~,:~ Ii' .~.... .~.:. -. I . ;., .o!.~, - . \.-.1,. ...,..;.... ; .' .I~(ll;;..~.. I It. .,1 I! .! I ." "i..t...... Ii.. '~&:&:Ia:t, I . i ....r#' .' "1,rff~l~ . ~"I'I~ : ,E,I." . 'lmIU. . .. . ., .. I I , , 0 i \j I. tV'. .. ; ~--~-- !._--~--- ~ -. --~---- . ,'" -., I - -r-J_-':{--_~~__J__ , - I, ,... I L' li;J>ffJ ----i----"-~~~:1---- ... 1. ~ w -----: ~._--:!- ~--_._- - . . . --~--; '~ I -r ., i .Ii. ~ .. I . . :. I . , · 1 I .... .. -f-----.t-.~... .. .., I . II . I . I . '; ".' .:' '. -, .I..' ." ". . .:.' . '.,. t.' . '. . .' '. ~..:, ..' :~. . , , ....,..-...-- ...- .' .. .'. o. .,'; . . .. . .1..... ".~ . . . . (8) . '. : . ~ .-: .' :,' . ...., . ':,' r: .... ". I ... -., ""' \. ". . ,,~ .J~"o::, \ ~.~ '... . Vl ~ '. . ,. 1..:)'-:- . .... ~ \. .... .', . . ~. . ~ . ,;. ~.~ . '. t t tt. :': .':. .": ~ ~ ...:.... . .. ,'~ i . '. . . . . .}' '. '0 . .: tI-. . . . ..... { .',' . &\t".t.~.ra:.:",:I'~it.'. ..... - "--.-.. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 w 19 ~ 20 21 22 23 24 25 26 27 28 RESOLUTION NO. ~. ~ .:1. ~ RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSroN OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING~HB EXECUTION OF A PROPERTY OWNER'S PARTICIPATION AGREEMENT 'BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCKWELL INTERNATIONAL CORPORATION FOR THE REDEVELOPMENT OF THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA 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 said Agency a Property OWner's Participation Agreement between the Redevelopment Agency of the City of San Bernardino and Rockwell International Corporation for the Redevelopment of the Southeast Industrial Park Redevelopment Project Area. A copy of this Agreement 1s attached hereto as Exhibit "1" and incorported herein by this 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 regular meeting thereof, held on the , 1988 by the day of following vote, to wit: III III III III III DAB:cez October 13, 1988 1 1 2 3 4 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 . 19 , 20 2] 22 23 24 25 26 27 28 RESOLUTION RE: PROPERTY OWNER'S PARTICIPATION AGREEMENT BETWEEN ROCKWELL INTERNATIONAL CORPORATION AND THE REDEVELOPMENT AGENCY OF THE CITY 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: AGENCY COUNSEL DAB:cez October 13, 1988 2 PROPERTY OWNER'S PARTICIPATION AGREEMENT ROCKWELL INTERNATIONAL SOUTHEAST INDUSTRIAL PROJECT AREA SAN BERNARDINO, CALIFORNIA THIS AGREEMENT, made and entered into this day of , 1988, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE COUNTY OF SAN BERNARDINO on behalf REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body corporate and politic (hereinafter "Agency"), and ROCKWELL INTERNATIONAL CORPORATION, a Delaware corporation (hereinafter "Participating OWner"). RECITALS 1. The Southeast Industrial Park Redevelopment Project Area has been established by the Mayor and Common Council of the City of San Bernardino as an area which requires renewal and redevelopment in the interest of the health, safety and general welfare of the citizens of the City of San , , Bernardino. 2. The Agency has prepared, and the Mayor and Common Council of the City of San Bernardino have adopted, the official Redevelopment plan for the renewal of the project (hereinafter the "Plan"). The Plan was adopted by the City of San Bernardino by Ordinance No. 3583 on the 21st day of June, 1976. A Certificate of Covenants, Conditions and Restrictions applicable to this property was recorded on October 15, 1976, in Book 9033, Page 813, official records of 1 " San Bernardino County, California. 3. The Plan provides for the participation in the renewal and redevelopment of property in the project area by the owners of various parcels of property if the owners of such property agree to participate'c in the redevelopment in conformance with the Plan, and enter into an agreement with the Agency to give effect to various improvements of the property. 4. The Participating Owner owns or will be acquiring an interest in certain real property lying within the confines of the project area, which land is described in Exhibit "A" attached hereto and incorporated herein by reference. This agreement is made with the express intent and purpose that the land described in Exhibit "A" shall be redeveloped in accordance with the Plan, and in accordance with the terms of this agreement. 5. The Participating Owner desires to participate with Agency in the renewal and development of the property described in Exhibit "A" by entering into an agreement for the improvement of that property, and this agreement sets forth the terms and conditions of such improvement. IMPLEMENTATION The Agency and Participating Owner, for the considerations and under the conditions set forth hereinafter, do agree as follows: 1 . The P I an is incorporated herein by reference and 2 made a part of this Agreement with the same force and effect as though set forth in full herein. 2. In order to assist the Participating Owner in the redevelopment and improvement of the property covered by this Agreement, Agency agrees to provide certain inducements as assistance to the Participating Owner, which obligations and undertakings of the Agency are set forth hereinafter as Exhibit "B" to this Agreement, "Undertakings and Obligations of Agency". 3. The Participating Owner covenants for itself, its heirs, executors, administrators, successors and assigns, that it will undertake, or cause to be undertaken, the development of the property described in Exhibit "A" by developing the property and improving the property in accordance with those "Undertakings and Obligations of Participating Owner" set forth hereinafter on Exhibit "C", which is annexed hereto and incorporated herein by reference. . ,. The undertakings set forth in Exhibit "C" are made by Participating Owner with the expectation that they will be relied upon by Agency, and are undertaken with the knowledge that Agency is acting in reliance thereon, and that each of the dates specified therein is of the very essence of this Agreement, and that the nature, purpose and scope of the development are also of the very essence of this Agreement. 4. Participating Owner shall submit to Agency the building improvement plans for the proposed improvements set 3 forth in Exhibit "C", and Agency shall examine and review the plans and advise the Participating Owner within fifteen (15) days after receiving such information whether the Agency is satisfied that the plans as submitted are acceptable and in conformity with the Plan. 5. For all construction of any public works (as defined in Labor Code Section 1720) contemplated hereunder, all laborers and mechanics employed by the Participating Owner and by any of its contractors, subcontractors, or other entities working directly upon the project covered by this agreement shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account the full amount due (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Director of Industrial Relations of the California Department of Labor). The full amount due at , , the time of payment shall be computed at wage rates not less than those contained in the published wage determination decision of the Director of Industrial Relations applicable to San Bernardino County, regardless of any contractual relationship which may be alleged to exist between the Participating Owner, any contractor or subcontractor, and any such laborers and mechanics. Participating Owner further agrees that this section shall inure to the benefit of the Agency and for the benefit of all laborers and mechanics 4 ~ employed upon the work covered by this Agreement as third party beneficiaries. Agency and any aggrieved employee are each authorized to file an action in any court of competent jurisdiction against the Participating Owner and any of its contractors or subcontractors for the recovery of the difference between the wage rates actually paid and the wage rates legally required to be paid under the provisions of this section and any applicable regulations, statutes and laws, together with any other amounts authorized to be collected as a result of such action. Participating Owner agrees for itself, its contractors and subcontractors, to pay reasonable attorney fees and court costs if the Agency or employee prevails in any such action. The Participating Owner agrees that this provision shall be inserted in any contract for public works between Participating Owner and any contractor, and that all such contractors for public works shall also contain a provision that any contractor must make the same provisions applicable in any of its subcontracts with subcontractors on the public works portion of the project. This paragraph shall be applicable only to public works made by Participating Owner which, if done by the Agency, would have been subject to prevailing wage laws, and relates only to off-site improvements. 6. No member, official or employee of the Agency shall have any financial interest, direct or indirect, in this Agreement or in the Property described in Exhibit "A", nor 5 shall any member, official or employee participate in any decision relating to this Agreement or to the Property which affects his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested. 7. Participating Owner agrees that no officer, employee or agent of the Agency shall be personally liable to the Participating Owner for any obligations under the terms of this Agreement. Any obligations undertaken are those of the Agency, and not of the individual officers, employees or agents thereof. 8. The development covered by this Agreement is a private undertaking of the Participating Owner, and the Participating Owner shall have full and exclusive control of the property herein described, subject only to the limitations and obligations of the Participating Owner undertaken herein, and subject to the provisions of the Plan. . , 9. The Participating Owner, for itself, its executors, administrators, heirs, successors and assigns, and all persons or entities claiming under or through them, or any of them, in this paragraph collectively referred to as "Participating Owner", covenants and agrees that: A. The Participating Owner will and shall carry out the work of the redevelopment of the property as specifically provided for in this Agreement. B. Participating Owner shall not discriminate 6 ~ against or permit any of its contractor or subcontractors to discriminate against, or permit any of its tenants, lessees, renters, or subsequent owners of the property, to discriminate against any person or groups of persons on account of race, sex, marital status; color, creed, religion, physical handicap, national origin, or ancestry, in the construction, improvement, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property covered by this Agreement, nor shall any persons claiming under or through the Participating Owner establish or permit any such practice or practices of discrimination or segregation to exist with reference to the selection, location, number, use or occupancy of tenants, lessees or vendees in the property covered by this Agreement. C. This property is subject to a covenant running with the land to enforce the terms and provisions of paragraph 9a, and this non-discrimination provision shall be specifically referred to in any conveyance of the property covered by this Agreement hereafter, in addition to any other covenants which may run with the land and which shall be binding upon the Participating Owner, its heirs, executors, administrators, successors and assigns, and all persons claiming under or through them. These covenants shall inure to the benefit of and be enforceable by the Agency, its successors and assigns, and shall run in perpetuity in favor of the Agency. In the event of any breach of said covenants, 7 the Agency shall have the right to exercise all the rights and remedies available at law or in equity to cure such breach, including the right to seek specific performance and to seek specific compliance with the terms and conditions of this Agreement. In the enforcem~t of the provisions of these covenants, Agency shall have the right to seek enforcement only against the person who then owns, operates a business upon, leases, subleases or otherwise uses the single lot or specific portion of the property upon or to which the alleged breach relates, and shall bring no action against any person not directly affected with the breach alleged to have occurred. ~ D. No provision in this Agreement is intended to limit, affect or impair the rights of other secured parties or other encumbrances upon the property subject to this Agreement, and this Agreement has no effect upon obligees desiring to pursue any remedies as to the enforcement of any pledge or lien upon the property subject to this Agreement; provided, however, that in the event of a foreclosure sale under any mortgage, deed of trust, or other lien or encumbrance, or a sale pursuant to any power of sale contained in any such mortgage or deed of trust or the acceptance of a deed in lieu of foreclosure, the purchaser or purchasers and their successors and assigns, and the property covered hereby, shall be and shall continue to be subject to all of the conditions, restrictions and covenants herein 8 provided for in Paragraph 9B. 10. Agency agrees that upon completion of the development by the Participating Owner in performance of this Agreement, Agency shall, subsequent to the issuance of a certificate of occupancy by the CitY.,of San Bernardino, cause to be prepared and recorded a Certificate of Compliance or a partial Certificate of Compliance substantially in the form attached hereto as Exhibit "D", and by this reference made a part hereof, which Certificate of Compliance or partial Certificate of Compliance will state that the rights reserved to the Agency under this Agreement shall cease to exist, except those specific covenants of Paragraph 9B which shall continue in effect. The covenant set forth in Paragraph 9B shall run with the land, and be binding upon all successor owners or occupants of the premises in perpetuity, and that obligation shall not be released by the recording of a Certificate of Compliance or partial Certificate of , , Compliance. 11. Participating Owner acknowledges that Agency is incurring substantial financial obligations in order to carry out its obligations hereunder, and that ability of the Agency to meet those financial obligations depends almost entirely upon tax increment realized by Agency from the development contemplated hereunder. The Agency contemplates that the Agency may borrow funds based upon expected tax increments from this development as the major, if not sole, source of 9 repayment. 12. In the event of default, Agency shall have such other rights and remedies as may be permitted by law, without limitation. 13. Should a clean-up of any hazardous substance described in Exhibit "E" attached hereto and incorporatd herein on the property be ordered by any federal, state, or local court or agency, Agency agrees to indemnify, defend and hold Participating Owner and its employees and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities and losses, including attorneys' fees incurred or suffered by Participating Owner at any time after the effective date of this Agreement, arising out of or relating in any way to the presence of toxic or hazardous substances in the soil or ground water on or under the property on the effective date of this Agreement subject to the following conditions: , , A. Participating Owner must give Agency prompt written notice of any order, investigation, inquiry or other contact by a federal, state or local agency which leads, or which may lead to a Clean-up order. B. Agency shall be entitled, at its option, to participate in any proceedings, to the same extent as the Participating Owner, which ascertain whether any contamination exists above allowable limits, and in what manner such contamination shall be cleaned up, and by whom. 10 C. Agency's costs as provided in this paragraph shall be limited as follows: 1. If the measured level of contamination at the time of the clean-up order is less than or equal to that level shown on Exhibit "E" for the particular contaminant involved, Agency shall pay all costs involved. 2. If the measured level of contamination at the time of the clean-up order is greater than that level shown on Exhibit "E" for the particular contamination involved, and the minimum allowable level is greater than that level shown on Exhibit "E", Participating Owner shall pay all costs involved. 3. If the measured level of contamination . ~ at the time of the clean-up order is greater than that level shown on Exhibit "E" for the particular contamination involved, and the minimum allowable level is less than that level shown on Exhibit "E", Agency shall pay a share of the costs involved in the same ratio that the difference between the level shown on Exhibit "E" and the minimum allowable level holds to the difference 11 between the measured level and the minimum allowable level. All remaining costs shall be paid by Participating Owner. 14. This Agreement shall be ~n full force and effect as of the date that this Agreement is signed by and on behalf of both parties, and shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors or assigns from the date of its execution. 15. Any notices required or authorized to be given by one party to the other shall be deemed effective if mailed by certified or registered mail, return receipt requested, to the fOllowing address or such subsequent address as to which notice of change of address has been served. AGENCY PARTICIPATING OWNER , ~ Redevelopment Agency the City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Rockwell International Corporation Real Estate Department 2230 East Imperial Highway E1 Segundo, California 90245 IN WITNESS WHEREOF, the Agency and Participating Owner have executed this Agreement effective as of the date first above written, subject to ratification by the Community Development Commission of the City of San Bernardino. 12 REDEVELOPMENT AGENCY OF !'HE CITY OS SAN BERNARDINO By CJ:I'a1.rman By Secretary Approved as to form and legal content: AGENCY COUNSEL BY~ / Dennis . Barlow . .. , ROCKWELL IN'1'ERNATIONAL CORP. a Delaware corporation By 13 ATTACHMENTS: Exhibit "A", Legal Description of Property; Exhibit "B" , Undertakings and Obligations of Agency; Exhibit "c" , Undertakings and Obligations of Participating Owner; Exhibit "0", Form of Certificate of Compliance; Exhibit "E", Analytical Report on Soil and Groundwater Contamination ~ EXHIBIT "An LEGAL DESCRIPTION OF PROPERTY The property which is subject to this Agreement is that certain parcel(s) of property situated in the City of San Bernardino, County of San Bernardino, State of California, described as follows: Parcels 2, 3 and 4 of Parcel Map No. 9484 recorded in Book 111 of Parcel Maps, pages 87-88, records of San Bernardino County, State of California. , , EXHIBIT "B" UNDERTAKINGS AND OBLIGATIONS OF AGENCY AGENCY AGREES TO: 1. Upon completion of construction and commencement of operations, pay to Participating Owner the sum of $92,000 per year for five years to offset the extraordinary costs required by Participating Owner in developing the property. 2. Pursuant to an Employment Linkage Agreement, pay to Participating Owner $1,000 per job for up to 50 jobs created for a maximum of $50,000. 3. Pay to Participating Owner within thirty (30) days of the effective date of this Agreeent $200,000 for the creation and maintenance of at least 200 parking spaces, within reasonable distance from the subject property. 4. All payments, unless otherwise provided, shall be made in the months of June, commencing in June, 1989. , ~ 5. To use its best efforts in supporting zoning designations for the property consistent with the use of the property as set forth in this Agreement. EXHIBIT "C" UNDERTAKINGS AND OBLIGATIONS OF PARTICIPATING OWNER PARTICIPATING OWNER AGREES TO: 1. Develop a research, deve1opm~nt, manufacturing and office complex of two buildings, one of at least 40,000 square feet and another of at least 50,000 square feet. Such development may include rail spurs, parking facilities and service buildings to facilitate the use thereof. 2. Employ sufficient employees to equal a minimum of 1,250 man-years over a a five-year period. If the employment, by Participating Owner and its successors, is less than 1250 man- years, Participating Owner agrees, as Agency's exclusive remedy, to repay to Agency $528 for each man-year less than the minimum. Annually, participating owner shall provide the Agency with a written report showing the number of man-years provided to that , , point and making emploYment projections through the end of the five-year period. 3. Maintain its landscaping, parking areas (including off- site) and all building exteriors to acceptable industry standards. Should Participating Owner disagree with a direction of Agency to upgrade its maintenance program, such direction may be appealed to the Community Development Commission. 4. Should a majority of the remaining parcels (or if including Participating Owner's parcel a majority would be created) agree to form or join any landscape maintenance and/or assessment district during the ten (10) years immediately --- --.. ---- --- following the execution of this Agreement, Participating Owner shall agree to join such district. 5. Participating Owner shall be responsible or the costs of any additional parking beyond the $200,000 for parking to be provided by the Agency. 6. Any transfer of the property and assignment of this Agreement, as provided in the Agreement, shall result in the concurrent assignment of the obligations contained in this Exhibi t "e". , , EXHIBIT "0" CERTIFICATE OF COMPLIANCE FOR PROPERTY OWNER'S PARTICIPATION AGREEMENT WHEREAS, hereinafter referred to as the "Owner Participant", has entered into a Property OWner's Participation Agreement with the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, hereinafter called the "Agency"; and WHEREAS, said Property Owner's Participation Agreement, dated the day of , 19 , was recorded on , 19__, as Document No. in the Official Records of the County Recorder of the County of San Bernardino, State of California; and WHEREAS, in Section _____ of Property Owner's . , Participation Agreement the Owner Participant and the Agency agreed that upon the completion by the Owner Participant of the improvements, namely in a manner satisfactory to the Agency and subsequent to the issuance of a Certificate of Occupancy by the City of San Bernardino, the Agency would cause to be prepared and recorded a Certificate of Compliance. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of San Bernardino, California, that the Agency does hereby determine, conclusively certifies, and gives notices that the Owner Participant has fully satisfied, terminated, and completed, for itself, its successors and assigns, all covenants and agreements with respect to the Obligations of Owner Participant for the building upon ad improvements to said land, carried o~t in conformity with the fire, health, and building code requirements of the City of San Bernardino, and the provisions of the Redevelopment Plan for the Project Area, and the Declaration of Restrictions, and in accordance with the final plans and specifications approved by the Agency, and the dates for the beginning and completion thereof, provided for in said Agreement, upon the hereinafter described real property: IN WITNESS WHEREOF, the Agency has caused this certificate to be duly executed on its behalf and its seal to be hereunto affixed and attested on this day of . , , 1988. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA By Chairman By Secretary Approved as to form and legal content: AGENCY COUNSEL By Dennis A. Barlow .... C3 J 8i70Z0i7L $'$':8ti SZIS0 'f. -- I ~~~ .IIOWN...O t:AL:::L:IL:'~~A~~~ aq 1O\/fM"... a... ~ NUCl'-"'- C6 '1101 .. loll "J'IofUO .~ .'w"""" ANAL \'TICAL "IPORT -- .~----- J.OG 1t'O, N'.O$.ne lee.a.,.ell 06 HAy 88 "ported t If NAY 8' C. l)lcken* aro~ndv&ttr ".our... Coft.vlta"ta 1020 'ouch IUcl14 AYan~a fu..on, 'ri.ona 85719 'Z'o~.ct. '8220 'AI'l'IAL .'POlT or AN4L'lTXCAf. USULTS 'a.a 1 DATI 5AM'1.I0 LOG NO IAH'LI,DISClXPTION, IOIL ,AH'LSS ........--.. ..................-......................--.....-.. ...--....--..--.----- 05..128-1 OJ-128-2 05-128"4 05-128-' '3 1.'..2.0 13 5,'..6.0 '4 0.5-1.0 " 5.0.5.! 04 KAY 8e 04 KAY 88 04 KAT 88 04 "AY 8S .......--.. ..-.....---..........-.......----....----.......... .......---....------. " A.!\AJ1ITIR 0' -128.1 05-128-2 05-121,,4 05-128.' . ...........---................ .......... .......... .........- ....-..... ----.._--- Vc:.;:!.Pell. ~I'A.'240) tiate Ixcraeu 0'/10/88 05/10/88 05/10/88 05/10/88 Dl1vtloft 'actor, T!... 1 1 1 1 1 1,1,I-TrlQhloro.tha~., ma/kg <0.3 <0.3 <0.3 <0.3 1,1,a,2.fetrlchlorotthane, m,lkr <0.3 <0.3 <0.3 <0.3 1, 1 ,2 .Td chloro. thane, .IIIS/q . <0.3 <0.3 <0.3 <0.3 1.1-D!ehloroathan., Milk, <0.' <0.3 <0.3 <0.3 1,I-Diehloroethylenl, -e/k, <O.~ <0.3 <0.3 <0.3 1,Z-C1chloroethan., mc/kl <0.3 <0.3 <0.3 <0.3 1,a.D!~hlorob&ftJtne, .,/kJ <0.3 <0.3 <0.3 <0.3 ., l,2-D1chloropropan., .,/k; <0.3 <0.3 <0.3 <0.3 , 1,'-P1chlorob.n..ne, Ml/ka <0.3 <0.3 <0.3 <0.3 ci..l,3-D1chloropropent, _,lk. <0.3 <0.3 <0.3 <0.3 1,4-Diohlcrob.n..na, m,/kr <0.3 <0.3 <0.3 <0.3 2-ChloZ'olchylv1nyl.th.r, me/kg <0.3 <0.3 <0.3 <0.3 2.H.x.~o"., milk, <0.3 <0.3 <0.3 <0.3 Acecona, AlI/k, <3 <3 <3 <3 Acroldn, II\l/k, <3 <3 <3 <3 ACfyloa1C:1 I, mc/ka (3 <3 <3 <3 l:omod1chlorom.thane, 1l,/q <0.3 <0.3 <0.3 <0.3 l~omomGth&nl, mIlk, (0.3 <0.3 <0.3 <0.3 lenuna, 1Il8/q ~O.3 <0.3 <0.3 <0.3 Chlo~ob.n~.na, ~/k; ~.3 <0.3 <0.3 <0.3 Carbon Tltr.ehlor1de, '"ilk, <0.3 <0.3 <0.3 <0.3 ......---..................... ....~~.... ....~..... ............. -..----... --..-----. , .\ . e'V~'d _,J, ... ',,~a 'e.!. e":=! .,~!.."l:-"=', aNt:/ NI'"i<J;;_~ I..~~NIAJI ~l:.tJ i~ '_d- t ).!'::.... :> 1 ~~tl."OWN AN~ CALOW~LL 1.A80R~TOI\ICS . ,,...,.,,,., MIllWllM4/ll\,ll ~ ~ .I\....,~,. ..,._ .'.,......" ,. t'~H 8t:'828t:'L 't:':se S2/S8 ANAL VT'CAL R!PORT -' . LOG )10. "'-05-12' laC.lv... 06 KAY 8S -.ported. J. HAY II C. Dickel" Croundwater le.our~. Conaultant. J020 louth lucUd ,.,enl.le fUelOD, Ar1lon. 8"19 'rojtQta 18220 ,.\aTIAL 11,01\T 0' ANALYTICAL UStJ1.TS IAftPLI DISCl%'TION, 'OIL IAMPLlS LOG NO ...------.- '&le 2 DATI SAKPLlD .................-----............................. .-------..........--- 0'.121-1 05-128-2 OS-121-4 05-UI-' '3 1.'.2.0 '3 '.'-6.0 '4 0.'.1.0 '4 S.O-!.! 04 MAY 88 04 MAY 88 04 MAY 88 04 HAT 88 'ALUrITIR ........... .......--.-----......--.----...............---.---. ..............---.... 0'-128.1 05.128-2 05.128.4 0'-128-' .......--....----...........-- --------.. ...__.a.._ .......... _____.___. .......... Chloroethane. .,/kr 'romo!orD\, q/q Chloroform, mr/kc Chloromethane, melt, Carbon Dilulf1de, .,/k, D1broMochloromethane, m,lk, Ithrlben~tn., milt, 'rlon %13, m,lk, Mlthyl Xaobutyl Ketone, m,lk; Methyl Ithyl leCone, ar/k, Meth11enft ehlor.d., .,/k, ~.trachlcro.thYl.ne, m,/k, ~ Styrene, ..,/q fr1chloroeehylene, &ilk, Tr1cklorolluofomethane, ~/kl 'roluaM, IIr/q Vinyl Acut.tl, .,/k, Vinyl Chloride, Melka Total Xyltnt I.omer., milk, trana.l,2.DlehlofOlthylene, MIlks trln.-l,J-D1chloropropenf, mB/k~ ...........--..----.......--.- ,..~~.~~:. et"/"t..~ 6~sa SO" !~5 <0.3 <C.! <0.3 <o.s <0.3 <0.3 <o.~ <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <3 <3 <3 <3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0.3 <0., <3 <3 <3 <3 <0.3 <0.3 <0.3 <0.3 <3 <3 <3 <3 <0.3 <0.3 <0.3 <0.3 <Q.3 <0.3 <0.3 <0.3 I, .' , ...."..... ..----.... -.---.-... .........- . I, '''=i''''=''l:~ aNti NI" ~-' WC~i-.lt..i": ~ i ~ '! -; .E: ~_L 't ),':;... { se# s;eae;L s;:se sa/se , . --.... ~.. ll: tl. IllOWN ~D CAL~':.L.lAeoAA'!.OllIIS IN 1OV,."AIl'I OAQ "'N~ "......"" CA .".. '..,. III 1W '';'1 "'AI ,....." ANAL ",eAL. RIPO"T LOG NOt "1.0'-128 hcelvetla 06 N.\T 18 .....~.. ,... " KAY It C. ~lek.nl Gloundv.t.~ ...ourc.. Con.ultant. l020 '.uth luclid Avenue Tu~.on, 4:1.ona '~719 '~o'~U 88220 'AI'l'IAL UPOP''f or ANALn:CAL RESULTS J.CQ 110 6AMPLI DESCRIPTION. G10UND VATER SAIlPL!S 'a,. 3 DATI SAMPLED --......... .._--_.-.__.~...............-_...-_._-----_........ .................---. 05-121.1 '1 05-128-8 '2 OS.UI.' 13 O~.UI.I0 '4 06 HAY 89 06 MAY 18 06 teAT 88 06 ItA! 88 ~---.-.-- ..................................................- ..................... O'.ll8.' 0'.128.8 0~-128-9 03.128.10 ............-..---............ .......... ...---.... .--....... .......--- ..---..... hAME'rll\ '.'~oleu= Hydrocarbons, 11 (IrA Ktthod 418.1) Aft U lion)' Auenic kr him 141')'111 Ulft CadlllulI . Chrolll1 um ,eop,.'" Iron L..d tlanlane.. Mercury. ~/L (0.0008 <0.0008 <0.0008 <0.0008 Mo1yb4.num IU ckd Illenium IUver luonU\I!l\ !bal11um Z1nc: Nltri; Ac~d 01S..tion, nate O~/12/B8 0'/12/88 O~/1Z/88 0'/1,;88 ..............------....-....- ---....... . I .~~....-.. .......... ----...... ........-. .'0' \ ~./_t.. ~,~'= e~: --':-"-~- t":\. I.. ..." )('=' J ~C:-:""l,!.!\ ,I! ; ~ : :."r _E~._ _, ~ ,.l1:'~J ./ '-- 901 8;0a0$'L .. -.. ~WN ~D CALllWILl L...eO~"'TORI.ES._ IPIlIUlIftl""" 0IiIlI ,"IWC ~ ('A "," .(1'.'""'" .liAll "Ill ,....." C. Dicken. Oro~ndvac.~ a..ource. Con.ultent. 1020 Iouth lueltd lv.nut tue.on. Ari.one 85719 'A1t'r%AL U'O"T or ANA~TT1CA1. ItIIULTS , toO If 0 IAM'I..I DISClu.nl0N, GaoUtm VATIJt IAHPLlS ---........ ....................--........................----- 05.128.7 11 05-121-1 '2 05..128-9 '3 ...~ . 128- \0 ,I. 9;:80 ~a/~0 ANAL meAL ".PORT .. - LOC'MO. ....05.128 Received. 0' MAY II ..,octe.. U I14Y I' P~o3 ec u 18220 '..,e 4 DATI IAl1PI,ID .--.................. OC MAY .8 06 MAY 8e 06 IIAl' ee 06 MAt 88 .WKftIP. ........... ..............................................--... ..............----... 0'-128.' 05.128..8 0'-128.' 0'-128-10 ,----_...._-.........~--_._-- .......... -------..- .......... .-.---.-.- --........ ~1..rl.Pgl1. (!PA-e24) Dati IJCUtcc.d Dllutioft rlC~orf tim.. 1 lfl,l.~rtehlo~o.than.f ur/L 1.1,2,2-tttradhlorotthln., uc/1. 1.1.2.Tr~Qhloro.th.ne, Ul/L 1.1-Dlchlorotthan., ~I/L S,l-Diohloroethyl,ne. ur/L ~ 1,2.Dichlo~o.than., ur/L lf2-Dl~hlorob.n..n'f ur/L l,2-D1ch1.oroptopant, Ul/L 1,3-DSehlorob~nJen., ~/L cS.-l,3-bieh16roprop.nt, UI/L 1.4-Dichlorobenzene, VI/~ 2-Chlo~oGthylv1nyl.tb.r. ut/1 2-Rexanon., u,/L Ac.tone, u,/L Aerol.h" UI/L Acrylonitrile, u./~ l~olJlod1chlc:olDethen', veIl. Iroao.ethane, v,/L Benz.ne, u,/1. Chlorob.nzene, \lIlt. Carbon Tttrachlorld., UI/L 0'109118 1 <1 <1 <1 <1 <1 <1 (1 <1 <1 <1 <1 <1 ---,(1---- ,..,--- , n ;.> .~ ~---. (10 (10 <1 <1 (1 <1 <1 0'/09/88 1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <10 <10 <10 <l <l <1 (1 <1 OS/09/88 1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <10 <10 <10 (1 <1 (1 <1 <1 05/09/88 1 (1 <1 <1 <1 <1 <I <1 <1 <1 <1 <1 <1 (1 <10 (10 <10 <1 <1 <1 <1 <1 ._-~-.-.-.-...........__.._--- ----...~.. .~..~...-. ----.----- ..--.----- .....----- ra't.($Os! E",SS SS" En8 ''''7=~oy.r~::> ,=...~ ~ .~.: ;"':~~"i:....:.~: tl.:::.: .E.8 ,-_l: )..l::~. \0 ,,0~ 8~020~" 11.. . -E"OWN AND CALDWI.LL L.'Cl.~T~leS' "3 IClUfIl M~ QUft ~ "~IPCII. ~ fT10t ..' III "S.,~ "lIllt .,.. tM.4IIJ!I C. Dicit.". Oro~ndvat.r a..our~a. Conaultants 1020 leuth luclld Avenue fueaon, '~ilofta .5119 LOG NO r AJlTIAL a.PORT OF ANALYTICAL' lISU1.TS I'K'l.! f>ISClt.:t'T10N, GROUND YArn IAK'LII 9~:80 S2/Set ANAl. meAL ".'OAT .. . LOG 10. .88-0!.128 ..ceSvech 06 )CAy II "port", U MAY 88 .roject. ..no '.,e 5 DAn SAMPLED ........... ..........---............--.................-...... .....-............--- 05.'\21.1 '1 05.128.8 12 05-128.' 13 05.121.10 ," 06 KAY 88 06 "At 88 06 KAY 18 06 MAT 86 ........... ..................------.......................-... ..................... I~EI 05-128-' O!-128.8 ..........-.........--.----... .......-.. .......... .......... ChIoro.thant, u./L <1 <1 Iro..ofo:lII, \1I/L <1 <1 ~lotoform, UI/L (1 <1 Chloromethane, \l,IL <1 <J Carbon D1.ulf1de, UI'L (1 (1 D1bro-ochloromtthan., vaIL (1 (1 Ithflben:.ene, uI/L <1 <1 Prlon U3. vaIL <1 <1 Methyl Isobutyl ~.ton., ur/L <1 <1 , MethYl Ethyl Ketona. UI/L 70 10 F MethylanG Chloride, \l,IL <1 <1 T.t~achlorotthyl.ne, us/I" <1 <1 IC)'un'J ug/L <1 (l 'r1chlorOlthylene, UI/L <1 <1 Tr1chlor~fluorom.lh.ne, u,/L <1 <1 Toluene, u,/L (1 <1 Vinyl Ac.cftce, \1./L <10 <10 Vinyl Chlor1dt, ur/L <1 <1 ~otal Xylene I.c~er.. u,/L <10 <10 tran.-l.2.Cichloroethyllne, UI/L <1 <1 t~&nJ~l,!.Ctehloroprop.ne, ul/~: ~ <1 <1 .....-------..............---. ......_-.-.. ~....,.~~~. .......... : ' ~' 'I 0~~'s;! e~se SE" a~~ "=Ma;1:':) mJt< NrJ<~ lo.'O;Nr.:;.~: E.":.:.":.": ~8 ,_J.: ^~'.,../ 1 0'-128.' 05.128-10 .-..--.... .......... <1 <1 <1 <1 <1 <1 <1 <1 <I <1 <I <1 <1 <1 <1 <1 <1 <1 30 <10 <1 <1 <1 <1 <1 <1 <1 <1 (1 <1 <1 (1 <10 <10 <1 <I <10 <10 <1 <1 (1 <1 ...-.----- ...-...... f 't e,eae'L L,:ee ~a/~e .' li:ti...!"OWN AMO. .OAI.DWILL ~BOIlATOII~U .., ~ IUl ewtl AlCHl.c ~ SA Itl '.. .".11 ".1MA..., .'..,.....'" ANAL V"CAL "IPO~T -, , LOG Jto. "1-0'-121 . aeceS..cll 06 NAY" Ie,erce., l' KAT 18 " ~. Dtek,n. Gro~dwat.r a..auree. Con.ult.nt~ 1020 South !~e1l4 Avenu. Tucaon, Arilona 8'719 fro",.o t I 88220 PARTIAL g'01\1 or AlCI.1.TtlCA.L USUt.,:s 'a" 6 . LOCi NO . IAMPLI DIICaXt'rION, VAt!! SI."'LIS DAn SAKrLlD ........... ................................................... .--......-........... 05-121-11 'ield Blank 06 MAY .8 ....----... .................................._.._._~----_..... ...............------ 'AMKITJ~ 0).. 128-11 ....................-...-..... .......... .......... .......... -.-.-.-... .......... ~ Vol.'r1.'o11. (l'A.'2') Oat. .xuacted Dilution 'actor, Tl.e8 1 1,1.1.Tri~oro.thane, UC/L 1,1,2,2-Tetrachloroethant, ur/L 1,1,2-TriQhloroethan., UI/L 1.1.P~chlolo.thlne; u,/L 1,1-Dichloroethylana, ut/L 1,Z-D10hlorOlthint, UI/L J,2-D1ehlorabenlen.. u,/L ItZ-~l~hloropropan.. u,/L J,S.Olehlorobena.n., \lIlt cSe.l,~-Dlehlorop~op,ne, ue/L ' 1.~.Oleblorob.nl.n., u,/L 2-Chlorolthylvinylether, Ql/L 2-Hexanon., ul/t Aceton., UI/L _':"'_'__~ ~iii'nln , \I,Ir:-- AC:11on1tr11., \I,lL I"omodi~hlorolll.than.. u,lt. Iromomethan., yelL a.nn"" ur/L Cblo:obenlen., u,/L CArbon Tetrachloride, v,/L Chlorolthan., ug/L IromQform, u,/L Chloroform, VI/L OSlO"" 1 (1 <1 (1 <1 <1 <1 <1 <1 <1 <1 (1 (1 <1 2.0 -----(1'0 -- <10 (1 (1 <1 <I <1 (1 <1 <1 ...............------.-----... ~..-_._--- .......... .......... .' m/.l'c S"se see:. Si8 ii=!'iC-;d: eN':' Nr_'>$.'Y.r1 &.:Q~~'lt~I ~~:..TJ ,'i.$ ,-_l! ) ,=,.1 y v ~~ pt70,epL - ll: I) ."OWN ANV CAl.DW~~L LAIIOAA~Of'IIE~ alatoUllI PIW\'" ~ ~~ ~.' II....!.,..,....,. .''',"'ftPll C. Dhk.n. Gro~n4v&t.r '..o~ree' Conlultanc. 1020 'o~th l~o114 Avanue Tutlon, Arllon. 8S719 'AJ.TtAL II.OIT or ~ALYTICAL IISULTS LOG ICO IAMPLI I>ISCRirrION, VA'tIJt SAMPLES ........... ................................................... O~.128-11 '1eld 8lank ........... .--...................................----......... .AJWI1TU 0'.121.11 .............................. .--------~ ----.-.... ...---.... .......... .......-.. Cblo.oma'h~a, ur/L earbon D1.ull1d., u,/L ~ibr.~oQhlorometh.ft., UI/L ~hJlb.n..n., Ul/t. 'reon 113. ua/L Me~hyl %.obut~l Kat6ne, u,/L M~l Ith~l ~toM...JlILL Ke lene ~loride. u,/L ".trad11oro8chylene, uslt. It)'rena, u,/1. Tr1eh1ore.th~1.n., u,/L . " T~i~hlotofluorom.than., u,/L 'oluene, ~,/L . V~n11 Ae.tatlt UI/L Vinyl Chlor~de, u,/L ~otal XYlene %.o~er.. ur/L tr.ftl.1,~-Dichlero.thyl.n.. Ul/~ traftl.l,3-D1ehlo:opropen., u,/L <1 <1 (1 <1 <1 <I 10 ~1- <1 <1 <1 <1 <1 <10 <1 <10 <1 <1 1..J-Quar.t1fted R..ultl .. Butane, u,/L l,:S0 s,/se ANAL YTle.1. REPORT , lAG 110, *-0'-128 ..e.!.... Of ~Y .8 "portH' 16 KAY I' '~o.1.ct. ..220 '''' 7 DATI SAMP1.!D ..................... . 04 HAY .8 --~---_...-_.__.....? 30 .. Quant1f1c.t1cn ~...d upon compar1so~ of total ion count of the compound ~ith th.~ of tha neare,t internal It_nda~d. ..\" " _............._.........~....- ....,~.~.. ....~..... -..------- .......... .......... 9 ~-:,..=.- ., .. 6L.Sa $~" 5'!: I '=~~=' at-.~ NI'.)s't;,,: WQ:~n.~I,JI ~~!.:::: ft; ~_L 't ^'='~I - - e t r -STe 2 0 t' ~ O,t':80 S2/S0 . -- -:-:- ~1l0WN:AHD ~eu.I""IO~~TO"I~S '" 0fllJttl __ tWCIlfIIIN.II ~ 1'-' .". -.", ,...~ eM1, (11111...." ANAL YTleAL REPOAT -- LOQ ..0. ..8.0, - 12. IM'lv'd. 06 KAY 88 . 1.;o~t"1 U KAY .8 c. 11ck.en. Grouftdv.t.~ II'o~~c" Conaultanta 1020 South luelid AVlnue Tuc.on, Arisona IS'19 'roj.~t. 8'220 LOO NO ............ 05.121-3 05.111-6 'AIlTIAL lBPO~T or ANA1.Y'1'ICA~ IlISUL'rS IA",J.I f)ISCR%nIOIC. lOlL IAMPI"II 'a,1 8 DATI SAMPLED .........--..................------................ ....................- '3 10.5-U.0. ,. 10.0-10.5 04 KAT 88 04 MAT 18 ..-----...- ...............................-------............. --................... -_..~........._.._---_........ ...--..... .......... 05-1al-' 05-128-6 .......... .......... 05/11/88 05/11/18 . -.-----... 'AlAHl'tla Ord.! Cane.11.d, Dlte ..........._.............~..__ ..__....4- ..--.....- .......... .......... .......... ~.ffre1 A. Irion, LaboratOtY Diractor , IT " e't/6'd e~~a "" .~. "=/"lCit;: ~ Nt' ~ l,.;~NW-J! t~:_..-; .58,-";' '; ).t;'~~ ;D " . ,,- -'-' tt-." --OY(,It;c;.J,,-'" t ...,. ...... ~..... ~Io _ _It'__ ~1iJ IRO_ ~~D CALDWELL LA~~?",IES M IOVTM -- ~ ~ IMI\ClIN.\ CIA ,'... tll'.,.....,..._ .'Il.....tt ANAL "'CAL ft.POltT ~. -..-- LOG JrO. N8-0~. US .Ieeived. 06 KAT II a.,orted. l' KAY'" c. ~1~k.n. , Groundvace~ ".o~rc.. Con.ultant, 1010 louth luelld AVlnUI Tue.on, Arizona 1!'19 '~oj.etl 88220 'Wt.u. grOIT or AlULYTlCAL IlISUL'U 'ace 3 . DAn SAH'UD , LOG IfO wrz.l DISClUI'TION t CaOUND V~TIl IAH'&,IS ........... .......-........~....-------._----.-.-............. 05-121.' .' '1 05-121-1' 42 05-118.' '3 0.5-128-10 14 ........------....--- . , . ..........~f....------.-....-..................-___._.......... ......____..._....... 06 KAT 88 06 HAT 88 06 "^T 8S 0' HAY ee IAlWfITII 01.128.' 0'-128.8 Q5-128-9 05-128.10 ...---......................-- -......... .......... .......... .......... .......... '.'rol'~D 11~~ocarbon., fa CI.A ".~hod <0.2 <0.2 . <0.2 <0.2 411.1), _,II" <0.3 <0.3 <0.3 <0.3 'n UIIOftJ , .1 L Ar.ute __rima. III/L 0.93 0.'4 0.23 1.3 ..rylU., II(/L 0.004 <O.OOI--~2 <0.001 CadmhllD, ../1, <0.002 <0.002 <0.002 <0.002 CJU:OI1SU, .,/l, <0.04 <0.04 <0.04 <0.04 Copper, .,/t. <0.02 0.02 0.28 <0.02 . %ron, IlI/L -_~9 13 32 4.2 Lead f 11n; O.035-----~~---- 0.030 <0.002 . I(&nElln.,., "~/L 2.' '.6 t.~ __ _4.8 , --'- Mlrc:Ur)', 1111 <0.0008 <0.0008 <0.0008 <0.0008 - - MOlYbdenum. mt/L <0.2 <0.2 <0.2 <0.2 .,' '.' , RlcMl, III/%' <0.0' <0.04 <0.04 <0.04 ..1u!uftl, 111/1, <0.004 <0.004 <0.004 <0.004 SUVIr, 111/1, <0.02 <0.02 <0.02 <0.02 'tronUuna. milL 1.8 2.1 1.8 2.9 ThalUu. l1li/1, <0.2 <0.2 <0.2 <0.2 .. Ilfte, q/L 0.14 <0.03 0.1' <0.03 ",. Nitric Add LH,..t1on, ",t. OS/12/8S 05/12/86 OS/l21eS 0'/121&8 . " j .........--..----...---....... ..-.-~"'!'~.. ~......... .......... ........... .......... 2't/"t '= .:w.. e",s~ S;l. Ste ii?'Jil::I aN!: NI'.\\l:!..:J WO.:'..Nt.;,I..;: 'tA:J ': ~; ,_ /..: ;.:::;.... II -- ~- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 , 19 ~ 20 21 22 23 24 2[) 26 27 28 RESOLUTION NO. ..~.' -'~ ~;" ,. .:::. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSlbN.OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING~YaB~EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN ~REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCKWELL INTERNATIONAL CORPORATION FOR THE DEVELOPMENT OF ~IGHTED AREAS IN THE CITY OF SAN BERNARDINO 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 said Agency a Disposition and Development Agreement between the Redevelopment Agency of the City of San Bernardino and Rockwell International Corporation for the development of blighted areas in the City of San Bernardino. A copy of this Agreement is attached hereto as Exhibit "1" and incorporated herein by this 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 regular meeting thereof, held on the , 1988 by the day of following vote, to wit: III III III III III DAB:cez October 13, 1988 1 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 , 19 , 20 2] 22 23 24 25 26 27 28 RESOLUTION RE: DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN ROCKWELL INTERNATIONAL CORPORATION AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FOR THE DEVELOPMENT OF BLIGHTED AREAS IN THE CITY 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: AGENCY COUNSEL DAB:cez October 13, 1988 2 Recording Requested by: REDEVELOPMENT AGENCY When Recorded Mail to: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 300 North "D" Street, 4th Floor San Bernardino, CA 93418 DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA AND , ,. ROCKWELL INTERNATIONAL CORPORATION (SO~THEAST INDUSTRIAL PROJECT AREA) DAB:cez 9/29/88 1 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DISPOSITION AND DEVELOPMENT AGREEMENT SOUTHEAST INDUSTRIAL PROJECT AREA THIS AGREEMENT is made and entered into this day of , 1988, by~and among 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 ROCKWELL INTERNATIONAL CORPORATION, a Delaware corporation, hereinafter individually and collectively 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 of the State of California, Sections 33000 et seq.), the . Agency has undertaken a program for development of blighted areas , in this City of San Bernardino, California, and, in this connection, pursuant to Ordinance No. 3583 of the City of San Bernardino, California, adopted 6-21-76, the City and the Agency have approved and adopted the "Redevelopment Plan". Pursuant to the provisions of the Redevelopment Plan, the Agency and the City have undertaken and are now carrying out the responsibility for a redevelopment project, designated as the Southeast Industrial Park Redevelopment Project (hereinafter called the "Project") DAB:cez 9/29/88 2 and the area within the Project (being hereinafter called the "Project Area"). The 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 boundaries of said Redevelopment Project, and under said Redevelopment Plan may be developed for private use. (c) The Redeveloper has made an offer for a ten (10) year lease of such property with an option to purchase and to redevelop such property in accordance with the uses specified in the Redevelopment Plan. It is recognized that it may be necessary to modify the actual improvements, 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 and emploYment growth, 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 Section 33433, the Agency gave notice and held a DAB:cez 9/29/88 3 public hearing on , at which time the form of this agreement was available for public examination. By Resolution No. , adopted on , ~he Agency approved the execution of this agreement, and determined that the method of disposition provided for in th~s agreement is the most effective method for accomplishing the objectives of this Agency. (f) On the basis of the foregoing, and the undertakings of the Agency and the Redeveloper under this agreement, the Agency desires to lease with an option to purchase and the Redeveloper desires to lease with an option to purchase said 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. Lease and Sale of Property, Conveyance Terms. A. Subject to all terms, covenants, and conditions of this agreement, the Agency agrees to lease the property to the , , Redeveloper for a term of ten (10) years at a lease rate of One Dollar ($1.00) per year with an option to purchase said property on or before the termination of the lease. Said option shall be exercised in writing. Upon the exercise of said option the Agency and the Redeveloper shall each select an appraiser. These two appraisers shall select a third appraiser which appraiser shall appraise the property for fair market value without the improvements constructed by Redeveloper. Such value shall reflect any encumbrances imposed on the property by Lessor or its DAB:cez 9/29/88 4 predecessors-in-interest. Such fair market value shall be the total acquisition price of the property and shall be paid in cash at close of escrow. B. Upon delivery of the grant deed, title to the Property shall be conveyed to the Redeveloper. Title shall be conveyed by grant deed(s) substantially in the form attached hereto as Exhibit "B", and by this reference made a part hereof. The Agency shall prepare such deed(s). C. The Redeveloper shall have the right to enter into possession of the Property upon execution of the lease from Agency. D. The title to the Property conveyed by the Agency to the Redeveloper shall be evidenced by a CLTA title policy provided by Agency which shows a marketable title free and clear of all encumbrances and exceptions, except as follows: (i) The title shall be subject to the conditions and restrictions set forth in the Declaration of Restrictions, , , recorded in Book 9033, Page 813, in the official records in the County of San Bernardino, which Declaration is incorporated herein by reference. (ii) All of the agreements, covenants and conditions undertaken by the Redeveloper under this agreement. 2. Obligations of Agency. The Agency shall be responsible for and complete the actions set forth in Exhibit "e" and agrees to complete them prior to, or concurrently with, DAB:cez 9/29/88 5 the completion of the required actions to be taken by the Redeveloper. 3. Obligations of Redeveloper. A. The Redeveloper agrees to be responsible for and complete the actions set forth in Exhibit "D" within the time schedule set forth therein. B. Prior to the commencement of the above improvements, the Redeveloper agrees to submit to the Agency a design sketch and elevations therefor. If said design sketch and elevations conform to said Redevelopment Plan and to the provisions of this agreement, the Agency shall approve them in writing. Redeveloper shall also comply fully with City policies and procedures, and obtain all requisite City permits. C. All improvements shall be constructed in accordance with all applicable state and local laws and regulations and shall conform to the provisions of this agreement. , , D. Prior to the execution of the lease, and as a condition precedent to the obligation of the Agency to complete the actions set forth in Exhibit "C", the Redeveloper shall submit to the Agency satisfactory evidence that the Redeveloper has the capital and financing commitments necessary for the construction of the improvements. Throughout the entire term of the construction of the project contemplated herein, Redeveloper shall maintain, at its own expense, signs provided by the Agency or containing language approved by the Executive Director of DAB:cez 9/29/88 6 Agency advising the public of Agency's cooperation in the redevelopment of the Property. E. During the period of construction, the work of the Redeveloper shall be subject to inspection by representatives of the Agency. F. Prior to delivery of the Property to the Redeveloper, the Agency shall permit the Redeveloper access thereto, whenever and to the extent necessary to carry out the provisions of this agreement. In no case shall there be any compensation payable or charge made in any form by or to either party for any such access. 4. Certificate of Completion. A. Promptly after completion of the improvements in accordance with the provisions of this agreement, the Agency will furnish the Redeveloper with an appropriate Certificate of Completion, substantially in the form attached hereto and marked Exhibit "E". Such certificate by the Agency shall be conclusive ~ determination of satisfactory termination of all agreements and covenants of this agreement and the grant deed, except for the covenants provided for in Paragraphs 5 and 6, with respect to the obligation of the Redeveloper, and its successors and assigns, provided that such certification and such determination shall not constitute evidence of compliance with, or satisfaction of, any obligation of the Redeveloper to any holder of any mortgage, securing money loaned to finance the improvement, or any part thereof. DAB:cez 9/29/88 7 B. The certification provided for in this Section shall be in such form as will enable it to be recorded with the County Recorder of San Bernardino County, and shall be substantially like that in Exhibit "E". If the Agency shall refuse or fail to provide the certification in accordance with the provisions of the Section, the Agency shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement indicating in detail in what respects the Redeveloper has failed to complete the improvements in accordance with the provisions of this agreement or is otherwise in default and what measures or acts will be necessary in the opinion of the Agency, for the Redeveloper to take or perform in order to obtain such certification. 5. 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 and landscaped areas and parkways on the Property as shown on the specifications for the Property approved by the Agency, and required by the conditions and restrictions referred to in Paragraph lD(i). B. In the event Redeveloper, its successors or assigns fails to perform the maintenance as provided herein, the Agency or City shall give Redeveloper written notice of any such failure, and, if not remedied by Redeveloper within twenty (20) DAB:cez 9/29/88 8 days after receipt of such notice, the only remedy is that the City and/or Agency shall have the right to enter the Property and undertake, or cause to be undertaken, such maintenance activities. In such event, Redeveloper shall reimburse the City and/or the Agency for all reasonable sums incurred by it for such maintenance activities. 6. 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: A. Devote the Property to and in accordance with the uses specified in the Redevelopment Plan. 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 permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, DAB:cez 9/29/88 9 use or occupancy of tenant, lessees, subtenants, sublessees, or vendees of the Property, or any part thereof. 7. Agency Rights to Enforce. In amplification, and not in restriction of the provisions of the preceding Section, it is intended and agreed that the Agency and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 6 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 covering the subject Property shall include notice of the applicable restrictions, covenants and conditions set forth in Section 6 of this agreement. The Redeveloper and the Agency agree to cooperate in enforcing such DAB:cez 9/29/88 10 restrictions, covenants and conditions. 8. Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the improvements provided for in the agreement 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 agrees to post in 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, 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, or with any of said laws, rules or regulations, the Agency shall have the right to compel full compliance through an action for specific performance of this Agreement. DAB:cez 9/29/88 11 E. The Redeveloper shall include notice of the provisions of subdivisions (A) through (C) of this Section in every construction contract, and shall require the inclusion of notice of these provisions in every construction subcontract entered into by any of its contractors, unless exempted by the applicable laws, rules or regulations and such provisions shall be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper shall take such action with respect to any construction contract or subcontract, as the Agency may direct, as a means of enforcing such provisions, including sanctions for noncompliance, provided, however, that in the event the Redeveloper becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Agency, the Redeveloper may require the Agency to enter into such litigation to protect its interest. 9. Prohibition Against Assignment and Transfer. A. Representations as to the Redevelopment: The , , Redeveloper represents and agrees that the Property acquired hereunder, and Redeveloper's other undertakings pursuant to this agreement, are and will be used for the purpose of redevelopment of the Property and not for speculation in landholding. The Redeveloper further recognizes: (1) the importance of the redevelopment of the property to the general welfare of the community; (2) that the qualifications and identity of the Redeveloper are of particular concern to the community and the DAB:cez 9/29/88 12 Agency. B. Prohibition Against Transfer of Property and Assignment of Agreement: (1) The Redeveloper represents and agrees for itself, and its successors and assigns that except only by way of security for, or except if necessary to joint venture, for (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the improvements under this agreement, and (ii) any other purposes authorized by this Agreement, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the improvements as certified by the Agency, make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or grant any trust or power, or transfer in any other mode or form with respect to, this agreement or the property, or any part thereof or any interest therein, or enter into any contract or agreement , , to do any of the same, without the prior written approval of the Agency, provided that, prior to the issuance by the Agency of the certificate provided for in Section 4A hereof as to the completion of construction of the improvements on the Property, the Redeveloper may enter into any lease of office space, facilities, or suites in the ordinary course of business. (2) The Agency shall be entitled to require, except as otherwise provided in this agreement, as conditions to DAB:cez 9/29/88 13 any such approval, that: (a) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the Agency, necessary and adequate to fulfill the obligations undertaken in the agreement by the Redeveloper (or, in the event the transfer is of, or relates to, part of the Property, such obligations to the extent that they relate to such part). (b) Any proposed transferee, by instrument in writing satisfactory to the Agency and in recordable form, shall, for itself and its successors and assigns, and expressly for the benefit of the Agency, have expressly assumed all of the obligations of the Redeveloper under this agreement and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject (or, in the event the transfer is of, or relates to part of, the Property, such obligations, conditions, and restrictions to the extent that they relate to such part); provided that, if any transferee of, or any other successor in interest whatsoever to, the Property, or any part thereof shall , ~ not have assumed such obligations or so agreed, the fact shall not (unless and only to the extent otherwise specifically provided in this agreement or agreed to in writing by the Agency) relieve or excuse such transferee or successor of or from such obligations, conditions, or restrictions, or deprive or limit the Agency of, or with respect to, any rights or remedies or controls with respect to the Property or the construction of the improvements. Redeveloper shall also remain fully liable DAB:cez 9/29/88 14 hereunder unless specifically excused by agreement of the Agency in writing. It is the intent of this subsection, together with other provisions of this agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this agreement) no transfer of or change with respect to ownership in the Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntarily or involuntarily, shall operate legally or practically, to deprive or limit the Agency of, or with respect to, any rights or remedies or controls provided in, or resulting from, this agreement with respect to the Property and the construction of the improvements that the Agency would have had, had there been no such transfer or change. (c) There shall be submitted to the Agency for review all instruments and other legal documents involved in ~ effecting any such proposed transfer; and if approved by the Agency, its approval shall be indicated to the Redeveloper in writing. (d) The consideration payable for the transfer by the transferee, or on its behalf, shall not exceed an amount representing the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the improvements, if any, theretofore made thereon by it, it being the intent of this provision to preclude assignment of this agreement or transfer of DAB:cez 9/29/88 15 the Property (or any parts thereof other than those referred to in this Section 9 (relating to security for financing), for profit prior to the completion of the improvements and to provide that, in the event any such assignment or transfer is made (and is not cancelled), the Agency shall be entitled to increase the purchase price to the Redeveloper by the amount that the consideration payable for the assignment or transfer is in excess of the amount that may be authorized pursuant to this subdivision. Such consideration received by Redeveloper in any form whatever shall, to the extent it is in excess of the amount so authorized, belong to, and forthwith be paid to, the Agency. (e) The Redeveloper and its transferee shall ~omply with such other conditions as the Agency may find desirable in order to achieve and comply with the purposes of the Community Redevelopment Law; provided that, in the absence of , , specific written agreement by the Agency to the contrary, no such transfer or approval by the Agency thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by this agreement or otherwise with respect to this construction of the improvements, from any of its obligations with respect thereto. 10. Default by Redeveloper Subsequent to Execution of Lease. A. Any of the following circumstances shall constitute an event of default: ( 1 ) The Redeveloper (or successor in interest) DAB:cez 9/29/88 16 shall default ~n, or v~olate, ~ts obl~gat~ons w~th respect to the construct~on of the ~mprovements (~nclud~ng the nature and the dates for the beg~nn~ng and complet~on thereof), or shall abandon or substant~ally suspend construct~on work, or (2) The Redeveloper (or successor ~n ~nterest) shall fa~l to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or l~en not author~zed by th~s agreement, or shall suffer any levy or attachment to be made, or any mater~almen's or mechanic's lien or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or l~en removed or discharged, or provision satisfactory to the Agency made for such paYment, removal or discharge, within thirty (30) days after written demand by the Agency so to do; provided, however, the Redeveloper shall have the right to contest, ~n good faith, by , , appropriate proceed~ngs, any such l~en or encumbrance, and to substitute an appropriate bond in l~eu of the paYment, removal, or discharge of such lien or encumbrance: or (3) There is, in v~olation of this agreement, any transfer of the Property, or any part thereof. B. In any such event, the Agency shall have the right to reenter and take possession of the Property and to terminate (and revest in the Agency) the estate conveyed by the lease or deed(s) to the Redeveloper. It is the intent of this subsection, DAB:cez 17 9/29/88 together w~th the other prov~s~ons of th~s agreement, that the lease and/or conveyance of the Property to the Redeveloper shall be made upon, and that the transfer documents shall contain a condition subsequent to the effect that, in the event of any default, failure, violation, or other action or inaction by the Redeveloper specified in clauses (1), (2) and (3) of this subsection A above, the Agency at its option may, after notice, opportunity to cure, and after a fair hearing, declare a termination in favor of the Agency of the title, and of all the rights and interest in the Property conveyed by the transfer documents to the Redeveloper. The procedure for notice, opportunity to cure, and hearing shall be as follows: If Agency staff believes Redeveloper has failed to comply with the terms of this agreement and that a default has occurred under the provisions of Paragraph lOA, the Executive Director shall give Redeveloper written notice of such claim, and shall specify the means by which Redeveloper may cure the default. If Redeveloper fails to remedy such alleged default ',: within thirty (30) days after receipt of such notice, Agency shall notify Redeveloper of the date and time, not sooner than sixty (60) days from the date of such notice, at which the Communi ty Development Commission shall afford to Redeveloper an opportunity to show cause why a default should not be declared, which opportunity shall include the right to present documentary evidence, and the right to make reasonable argument. If, after such hearing, the Commission determines by majority vote that a DAB:cez 9/29/88 18 default has occurred and no good reason exists to delay declaration of default, the Commission may declare a forfeiture and direct the recording of the notice of forfeiture provided for. If the Agency records in the office of the County Recorder of San Bernardino County a written Declaration of Forfeiture referring to the transfer documents by which the Property is conveyed to the Redeveloper, then said transfer documents are null and void, and all interest thereby leased or conveyed shall forthwith and without further notice to the Redeveloper become forfeited and shall revert to the Agency; provided, that such condition subsequent and any revesting of title as a result thereof in the Agency 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 this agreement and executed for the purpose of obtaining funds to acquire and/or develop the Property, and (ii) any rights or interests provided in this agreement for the protection of the , ~ hOlders of such mortgages. C. The Agency shall have the right to institute each action or proceeding as it may deem desirable for effectuating the purpose of this Section, including also the right to execute and record or file with the County Recorder of San Bernardino County a written Declaration of Termination of all rights and title of the Redeveloper, and (subject to such mortgages, liens and leasehold interest as provided in subsection B of this DAB:cez 9/29/88 19 Section) its successors in interest and assigns, in the Property and the revesting of title thereto in the Agency, provided that any delay by the Agency in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Section 10 shall not operate as a waiver of such rights or to deprive it of, or limit, such rights in any way (it being the intent of this provision that the Agency should not be constrained, so as to avoid the risk of being deprived of, or limited in, the exercise of the remedy provided in this Section because of concepts of waiver, laches, or otherwise, to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved), nor shall any waiver in fact made by the Agency with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the Agency with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default, except to the extent specifically waived. ~ D. In the event that title to the Property shall revest in the Agency in accordance with the provisions of this Section 10, after the conveyance to Redeveloper, the Agency shall, pursuant to its responsibilities under the Community Redevelopment Law, use it best efforts to resell the Property (subject to such mortgage liens as provided in subsection B of this Section) as soon and in such manner as the Agency shall find feasible and consistent with the objectives of such law, and of DAB:cez 9/29/88 20 the Redevelopment Plan as hereafter amended from time to time, to a qualified and responsible party or parties (as determined by the Agency) who will assume the obligation of making or completing the improvements or such other improvements in their stead as shall be satisfactory to the Agency and in accordance with the uses specified in the Redevelopment Plan, as hereafter amended from time to time. Upon such resale of the Property, the proceeds thereof shall be applied: First: To reimburse the Agency, on its own behalf or on behalf of the City, for all costs and expenses incurred by the Agency, including, but not limited to, real estate broker commissions, if any, paid by the Agency, attorneys fees and salaries of personnel, in connection with the sale and recapture, management and resale of the Property (but less any income derived by the Agency from the Property in connection with such management), all taxes and assessments with respect to the Property (or, in the event the Property is exempt from taxation we , or assessment during the period of ownership thereof by the Agency, an amount equal to such taxes and assessments, or charges (as determined by proper assessing officials) as would have been payable if the Property were not so exempt), and paYments made or necessary to be made to discharge any encumbrance or liens existing on the Property at the time of revesting of title thereto in the Agency or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of the Redeveloper, its successors DAB:cez 9/29/88 21 or transferees, and expenditures made or obligations incurred with respect to the making or completion of the improvements or any part thereof on the Property: and any amounts otherwise owing the Agency by the Redeveloper and its successors or transferees. Second: To reimburse the Redeveloper, its successors or transferees up to the amount equal,to (i) the sum of the purchase price paid by it for the Property and the cash actually invested by it in making any of the improvements on the Property less (ii) any gains or income withdrawn or made by it from this agreement or the Property. Third: Any excess remaining shall be retained by the Agency. In the event that title to the property shall revest in the Agency in accordance with the provisions of this Section 10, after execution of the lease to Redeveloper, but before the conveyance by deed, Redeveloper shall have no right to any compensation. 11. Default by Agency Subsequent to Lease or . , Conveyance. In the event that the Agency is unable to comply with each and every condition hereinabove set forth, with the exception of those conditions which are to be performed by the Redeveloper, the Redeveloper and its successors and assigns may initiate an action to compel the Agency to take back or repurchase the Property at the price specified in Section 1 with interest, and, in addition, to compel the Agency to reimburse the Redeveloper for any and all sums expended by the Redeveloper for DAB:cez 9/29/88 22 the undeveloped portions of the Property, if any. 12. Cumulative Remedies: Waivers. The rights and remedies of the parties to this agreement shall be cumulative, and the exercise by either party of anyone or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for any other default or breach by the other party. No waiver by either party with respect to the performance, or manner, or time thereof, or any obligation of the other party or any condition to its own obligation under this agreement, shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived and to the extent thereof. No such waiver shall in any respect affect any other rights of the party making the waiver or any other obligations of the party. 13. 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 DAB:cez 9/29/88 23 -- - 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. 14. Attorneys Fees. The parties agree that if any action is brought for breach of any of the covenants or conditions of this agreement, the prevailing party shall be entitled to recover attorney fees and costs in accordance with Civil Code Section 1717. 15. 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: City Redeveloper Redevelopment Agency of the City of San Bernardino 300 North D Street, 4th Fl. San Bernardino, CA 92418 Rockwell International Corp. Real Estate Department 2230 E. Imperial Highway El Segundo, CA 90245 Nothing in this paragraph shall be construed to prevent the giving of such notice by personal service. ~ 16. Merger. None of the provisions of this agreement are intended to or shall be merged by reason of any lease or deed(s) transferring title to the Property from the Agency to the Redeveloper or any successor in interest, and any such lease or deed(s) shall not be deemed to affect or impair the provisions and covenants of this agreement. 17. Lease. The parties acknowledge that a lease of even date, covering the same property as this Agreement, is being executed by the parties and if this Agreement and the DAB:cez 9/29/88 24 lease are in conflict, said lease shall control with respect to the creation of a leasehold interest and as ~o all other particulars this Agreement shall control. 18. Right to Modify, Terminate, Amend. This agreement may be terminated, extended, modified o~ amended as to all of the Property or any part thereof, for which a Certificate of Compliance has not been issued, with the consent of the Agency and/or the City and all parties then having an interest in the Property. No such termination, extension, modification or amendment shall be effective until a written instrument setting forth the terms of the same has been executed, acknowledged and recorded in the Office of the Recorder of San Bernardino, California. 19. Time is of the Very Essence. 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. ,. , 20. Validity Contingency. This agreement shall not become effective for any purpose unless the original, duly executed by the Redeveloper, is returned and received by the Agency within ten (10) days from the receipt thereof by the Redeveloper. 21. Execution. This agreement is executed in counterparts, each of which shall be deemed to be an original and such counterparts shall constitute one and the same DAB:cez 9/29/88 25 :l.nstrument. IN WITNESS WHEREOF, the parties hereto have entered :l.nto this Agreement as of the day and date first above shown. AGENCY : REDEVELOPER: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ROCKWELL INTERNATIONAL CORP. By Chairman By By Secretary By Approved as to form and legal content: AGENCY COUNSEL BY~.u4) ./ De is A. Barlow w ~ DAB:cez 9/29/88 26 EXHIBIT "A" LEGAL DESCRIPTION That certain parcel of land in ~he Ci~y of San Bernardino, County of San Bernardino, State of California, described as follows: PARCEL MAP 4781 THAT PTN PARCEL NO 6 LYING WEST OF EAST LINE LOT 11 BLOCK 72 R S B RECORDED MAP BOOK 7 PAGE 2 OFFICIAL RECORDS AND PARCEL MAP 4781 THAT PTN PARCEL NO 6 LYING EAST OF THE EAST LINE LOT 11 BLK 72 R S B AS RECORDED IN MAP BOOK 7 PAGE 2 OFFICIAL RECORDS SUBJECT TO: , , Covenants, conditions, restrictions, reservations, easements and rights of way of record, if any. DAB:cez 9/29/88 27 EXHIBIT "B" GRANT DEED (Subject to Conditions Subsequent> The REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, a public corporation, ~ereinafter called the Grantor, in consideration of the sum of ($_______________> to be paid by ROCKWELL INTERNATIONAL CORPORATION, a California corporation, hereinafter called Grantee, and in further consideration of the covenants and conditions herein contained and to be kept and performed by the Grantee, does hereby grant to 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 for the Southeast Industrial Project Area, approved by Ordinance No. 3583 of the City of San Bernardino, which Ordinance was adopted 6-21-76, which is hereinafter referred to as the "Redevelopment Plan", 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 DAB:cez 9/29/88 28 Grantor, its successors and assigns, as follows: 1. Grantee, its successors and assigns, will hold, occupy and use the aforesaid real property subject to and in accordance with all the terms, conditions, limitations, restrictions, requirements and covenants set forth in the Redevelopment Plan and the Restric~ions. Said terms, conditions, limitations, restrictions and covenants "running 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 himsel f, his heirs, executors, administrators, and hi s 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 ~he Redevelopmen~ Plan. (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 to be erected thereon, or any part thereof, nor shall the Grantee DAB:cez 9/29/88 29 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) To properly maintain the parking areas, landscaped areas and parkways on the Property, and that, if Grantee fails to remedy any failure after twenty (20) days' notice from Agency, Agency 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 Agency for all reasonable sums incurred for such maintenance activities. (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 , we 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 of San Bernardino, California, and any successor in interest to the Property or any part thereof, and the owner of any other land (or of an interest in such land) in the subject Project Area, which is subject to the land use requirements and restrictions of the assigns, and every successor in interest to the Property, or any DAB:cez 9/29/88 30 - - part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subsection (1) of subdivision (a) of Section 2 of this Deed shall remain in effect for a period of forty-five (45) years from the date upon which said Ordinance became effective, at which time such agreement and covenant shall terminate, and that the agreement and covenant provided in subsection (2) of subdivision (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. The term "uses specified in the Redevelopment Plan" and "land use" referring to provisions of the Redevelopment Plan, or similar language, in the agreement shall include the land and all , , buildings, housing, and other requirements or restrictions of the Redevelopment Plan pertaining to such land. 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 City and other DAB:cez 9/29/88 31 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, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the Grantor has at any time been, remains, or is an owner of any land or interest therein, or in favor of which, such agreements and covenants relate. The Grantor shall have the right, in 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 property 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. THIS DEED IS GIVEN SUBJECT TO A CONDITION SUBSEQUENT, AS FOLLOWS: 4. In the event Grantee shall default in the performance of Grantee's undertakings for the construction of . , certain improvements on the aforesaid real property within the time and in the manner set forth in that certain Disposition and Development Agreement between the Grantor and the Grantee, dated , 1988, and hereinafter referred to as the "Agreement"; or if the Grantee shall fail to pay real estate taxes or assessments when due; or shall place thereon any encumbrance or lien unauthorized by the agreement, or shall suffer any levy, lien, or attachment to be made, or there is in DAB:cez 9/29/88 32 violation of the agreement, any transfer of the Property or any part thereof, and if, prior to execution and delivery by Agency of a Certificate of Compliance, Grantor shall record in the office of the County Recorder of the County of San Bernardino, state of California, a written Declaration of Forfeiture referring to this deed, then this deed and conveyance shall be null and void and all interest hereby granted and conveyed shall forthwith and without further notice to Grantee, become forfeited and shall revert to the Grantor; provided, however, that the breach of any such covenant and the forfeiture of the Grantee's interest in said real property by reason of such breach shall not in any manner impair, defeat or render invalid the interest of any mortgagee, trustee or beneficiary of any Deed of Trust executed by Grantee to secure a loan for the purpose of obtaining funds to acquire and/or develop all or part of the real property. THIS CONDITION SUBSEQUENT IS CANCELLED UPON RECORDING OF THE CERTIFICATE OF COMPLIANCE DULY EXECUTED BY AGENCY AS . , HEREINAFTER SPECIFIED. 5. (a) Promptly after completion of the improvements in accordance with the provisions of said agreement, the Grantor will furnish the Grantee with an appropriate instrument so certifying. Such certification by the Grantor shall be (and it shall be so provided in the certification itself), a conclusive determination of satisfaction and termination of the agreements and covenants in said agreement and paragraph 4 of this deed DAB:cez 9/29/88 33 except the covenants contained in paragraph 2(a)1, 2(a)2, and 2(a)3 of this deed. (b) The certification provided for in this Section shall be in such form as will enable it to be recorded with the County Recorder of San Bernardino County. If the Grantor shall refuse or fail to provide the certification in accordance with the provisions of this Section, the Grantor shall within 90 days after written request by the Grantee, provide the Grantee with a written statement, indicating in adequate detail in what respects the Grantee has failed to complete the improvements in accordance with the provisions of said agreement or is otherwise in default and what measures or acts will be necessary in the opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification. 6. None of the provisions of said agreement described in Section 4 hereof, are intended to or shall be merged by . , deemed to affect or agreements. III III III III III III DAB:cez 9/29/88 reason of this deed transferring title to the Property from the Grantor to the Grantee in interest, and such deed shall not be impair the provisions and covenants of said 34 IN WITNESS WHEREOF, the Grantor and Grantee have executed this deed by their respective officers thereunto duly qualified this day of , 1988. GRANTOR: GRANTEE: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ROCKWELL I~ERNATIONAL CORP. By By Chairman By Secretary Approved as to form and legal content: AGENCY COUNSEL BY~) ./ Dennis A. arlow , ,. DAB:cez 9/29/88 35 EXHIBIT "A" TO GRANT DEED LEGAL DESCRIPTION That certain parcel of land in the City of San Bernardino, County of San Bernardino, State of California, described as follows: PARCEL MAP 4781 THAT PTN PARCEL NO 6 LYING WEST OF EAST LINE LOT 11 BLK 72 R S B RECORDED MAP BOOK 7 PAGE 2 OFFICIAL RECORDS AND PARCEL MAP 4781 THAT PTN PARCEL NO 6 LYING EAST OF THE EAST LINE LOT 11 BLK 72 R S B AS RECORDED IN MAP BOOK 7 PAGE 2 OFFICIAL RECORDS SUBJECT TO: Covenants, conditions, restrictions, reservations, easements and rights of way of record, if any. , ~ DAB:cez 9/29/88 36 EXHIBIT "C" UNDERTAKINGS AND OBLIGATIONS OF THE AGENCY AGENCY AGREES TO: 1. Lease the property listed in Exhibit "A" to Redeveloper for ten (10) years at a rate of One Dollar ($1.00) per year, with a lease to be delivered coincident with the execution of this agreement, or within ten (10) days after Redeveloper shall present to Agency evidence of its ability to finance this project, as required by Paragraph 3D of this agreement, whichever shall last occur. Such lease shall also contain an option to purchase the property at a price determined in accordance with Paragraph lA of the Agreement. 1. Provide Redeveloper with the sum of $200,000 coincident with the delivery of the lease for the development of at least 200 parking spaces on the property. , , DAB:cez 9/29/88 37 EXHIBIT "0" UNDERTAKINGS AND OBLIGATIONS OF DEVELOPER REDEVELOPER AGREES TO: 1. Lease the property listed in Exhibit "A" from Agency as outlined in Exhibit "C". 2. Develop upon said property, a parking lot of at least 200 spaces with attractive landscaping to be approved in advance by Agency. 3. (a) Site Plan shall be submitted to Design Review Committee of the City of San Bernardino within ninety (90) days of execution of this Agreement. (b) Working drawings shall be submitted to Building and Safety Department of the City of San Bernardino within 240 days of execution of this Agreement. (c) Development shall be completed by ~ , DAB:cez 9/29/88 38 EXHIBIT "E" CERTIFICATE OF COMPLETION FOR REDEVELOPER'S DISPOSITION AND DEVELOPMENT AGREEMENT WHEREAS, ROCKWELL INTERNATIONAL CORPORATION, hereinafter called the "Redeveloper., has entered into an Agreement with the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, hereinafter called the "Agency"; and WHEREAS, said Agreement, dated , 19_ was recorded on --------------------, 19_, Document No. , in the Official Records of the Oounty Recorder of the County of San Bernardino, State of California; and WHEREAS, the Agency agreed in Section 4 of said Agreement to furnish the Redeveloper with an instrument certifying completion of said improvements in accordance with the provisions of said Agreement upon Redeveloper's completion thereof; and WHEREAS, the Agency, having considered the report and , , recommendations of its staff, has determined that the Redeveloper has fully satisfied its obligations for the construction of improvements on that certain parcel of real property more particularly described in Exhibit "1", attached hereto and by this reference made a part hereof. NOW, THEREFORE, the Agency in accordance with the Agreement does hereby conclusively certify and give notice that the Redeveloper has fully satisfied, terminated, and completed, DAB:cez 9/29/88 39 ( fIT . , ~or 1.'t..lf,- 1.'t. .ucce..ora anCS a..ign., all covenanta and agre.m.nta provid.d ~or l.n .aid Agr....nt upon the above d..crib.d real proper'ty, which l.a 10cataCS wi~ the Southest Xndu.trial Park Project Ar.., esc.pt the covenan't. ~D Sections 2(a)1, 2(a)2, and 2(a)3 of the Deed. XN WITNESS WHEREOF, 'the Ag~ncy ha. cau.ed this Certificate 'to be duly esecut.d on i't. behalf and it. .eal 'to be hereunto affixed and atte.ted on 'this day of , 19_. ItEDEVELOPMEN'l' AGENCY OF '!'HE CITY OP SAN BERNARDINO., ~IFORNIA By Chairman By Secretary Approved as 'to form and legal content: ~~ ncy Counsel DAB:cez 9/29/88 40 EXHIBIT "1" LEGAL DESCRIPTION That certain parcel of land in ~he City of San Bernardino, Coun~y of San Bernardino, State of California, described as follows: PARCEL MAP 4781 THAT PTN PARCEL NO 6 LYING WEST OF EAST LINE LOT 11 BLK 72 R S B RECORDED MAP BOOK 7 PAGE 2 OFFICIAL RECORDS AND PARCEL MAP 4781 THAT PTN PARCEL NO 6 LYING EAST OF THE EAST LINE LOT 11 BLK 72 R S B AS RECORDED IN MAP BOOK 7 PAGE 2 OFFICIAL RECORDS SUBJECT TO: , , Covenants, conditions, res~r1ctions, reservation, easements and rights of way of record, if any. DAB:cez 9/29/88 41 LEASE AND OPTION TO PURCHASE THIS LEASE is made and entered into this day of , 1988, by and between the COMMUNITY DEVELOPMENT COMMISSION of the City of S~ Bernardino on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public agency, hereinafter called "Lessor", and the ROCKWELL INTERNATIONAL CORPORATION, a Delaware 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, that parcel of land described on Exhibit "A" , ~ attached hereto and incorporated herein. 2. This Lease is, and shall be, for the term and period of ten (10) years from the date first above shown. 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 (Sl.OO) per year for each and every year of the term of this Lease, which rental shall be paid annually in advance. 4. Plans and specifications for all improvements to the real property shall be prepared by the Lessee at its expense; said plans, specification and all improvements shall be subject DAB:cez 9/28/88 1 to the approval of the Public Works Director and Engineer of the City of San Bernardino. Each set of .aid 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 set of plans and specifications will be delivered promptly to Lessor. . Furthermore, the Lessee shall, at its own expense, landscape, beautify, plant and maintain the leased premises, subject to the approval of the Lessor. Lessee ahall furnish or csuse 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 specifications. During the construction of any improvements an engineer or architect designated by the Lessor, or his duly appointed representatives, shall have complete access to the site, improvements and equipment. Lessee shall designate some responsible person to be in charge of said construction who will DAB:cez 9/28/88 2 be available ~o confer wi~h such engineer or architect. Any amendments ~o ~e approved plans and 8pecifications or change orders relating to the improvements and landscaping projects for the leased premises, and the construction and maintenance ~hereof by the Lessee, sha~ be subject ~o the prior written approval of ~he Lessor. s. 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, munic~pal and public authorities as 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. (f) That Lessee will permit Lessor to examine said premises during usual business hours. (g) That Lessee will pay for all utilities used on or supplied to said premises. (h) That Lessee will not commit or suffer or permit any waste of the leased premises. (i) That Lessee will at all times maintain the DAB:cez 9/28/88 3 leased premises 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 ~ght 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. 6. Said premises shall be used for a parking lot and related uses. All 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 without the written approval of Lessor. ~ 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 DAB:cez 9/28/88 4 repair by Lessee of any 8tructures or ~provements 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, procure and maintain in force during the term of this Lease an insurance policy or policies insuring Lessor and its officers, employees and agents against public liability in the amount of Five Hundred Thousand Dollars ($500,000) combined single limit. All such 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 shall be named as additional assured 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. 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 DAB:cez 9/28/88 5 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 improvements 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 improvements at any time be partially or totally destroyed by any cause during the term of this Lease, such improvements shall, at Lessee's own expense, be restored or repaired by Lessee, or replaced by it, with new improvements of equal or greater value and suitable to the same needs of Lessee. Failure to commence repair or restoration of such improvements within sixty (60) days of the destruction thereof shall be cause for termination of this Lease at the option of Lessor. Waiver of one such failure shall not be , , deemed a waiver of any future failures. 10. Except as otherwise provided herein, 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 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 DAB:cez 9/28/88 6 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 .ame in good condition, reasonable wear and tear excepted. 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 are taken this Lease shall continue in force and effect , , as to that part of the premises not taken. 12. Improvement and landscaping plans and specifications, the location and size of improvements and the type of construction, style of architecture, and materials to be used in such 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, as it may deem advisable for the public good, provided that such action shall not unreasonably interfere with the use of the leased premises by Lessee 14. The Lessee covenants not to sublet the demised DAB:cez 9/28/88 7 premises or any part thereof, nor to grant any concession to be operated on the demised premises, nor to assign, bypothecate, 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. 15. (a) The Lessee 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 Lessee, and such successors and assigns, shall (1) Devote the Property to uses consistent with ~ the purposes of the Redevelopment Plan. (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 sublease, rental or transfer or in the use, occupancy, tenure or enjoyment of the Property or any improvement erected or to be erected thereon, or any part thereof, nor shall the Lessee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or DAB:cez 9/28/88 8 segregation with reference ~o ~he selec~ion, location, number, use or occupancy of ~enants, lessees, subtenants, aublessees of ~he property, or any part ~ereof. (3) To properly main~ain ~he parking areas, landscaped areas and parkways on ~he', Property, and ~hat, if Lessee fails ~o remedy any failure after ~enty (20) days' notice from Lessor, Lessor shall have ~he right ~o enter ~he Property, and undertake or cause ~o be undertaken such maintenance activities. In such event, Lessee, i~s successors or assigns, shall reimburse Lessor for all reasonable sums incurred for such maintenance activities. (b) The foregoing agreements and covenants, as set forth in subdivision (a) of Section 15 of ~his Lease, be binding ~o ~he fullest extend per~itted by law and equity, for the benefit and in favor of, and be enforceable by the Lessor, its successors and assigns, ~he City of San Bernardino, California, and any successor-in-interest to ~he Property or any part · ~hereof, and ~he owner of any other land (or of an interest in , such land) in ~he subject Project Area, which is subject to the land use requirements and restrictions of the assigns, and every successor-in-interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. 16. In the event Lessee shall defaul~ in the performance of grantee's undertakings for the construction of certain improvements on the aforesaid real property within the DAB:cez 9/28/88 9 t~me and ~n the manner set forth ~n that certa~n D~spos~t~on and Development Agreement between the Lessor and the Lessee, dated , 1988, and here~nafter referred to as the "Agreement"; or ~f the Lessee shall fa~l to pay real estate taxes or assessments when due; or shall place thereon any encumbrance or l~en unauthor~zed by the agreement, or shall suffer any levy, l~en, or attachment to be made, or there is in v~olat~on of the agreement, any sublease of the Property or any part thereof, and if, pr~or to execut~on and del~very by Lessor of a Cert~f~cate of Compliance, Lessor shall record in the office of the County Recorder of the County of San Bernard~no, State of Cal~forn~a, a wr~tten Declarat~on of Forfe~ture referr~ng to th~s Lease, then th~s Lease shall be null and vo~d and all leasehold ~nterest hereby granted shall forthw~th and w~thout further not~ce to Lessee, become forfe~ted and shall revert to the Lessor. 17. In the event (a) that Lessee shall default ~n the , , performance or fulf~llment of any covenant or cond~t~on here~n conta~ned on its part to be performed or fulf~lled, not otherw~se covered by paragraph 16, and shall fail to cure such default within th~rty (30) days follow~ng 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 if 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 DAB:cez 9/28/88 10 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 and terminate ~his Lease and terminate each, every and all rights of:Lessee and of any and all persons 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, ~ogether with any and all improvements placed thereon and Lessor may thereupon enter into and upon the leased premiaes 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 this Lease and of any right or remedy at law or in equity which Lessor may have against said Lessee. 18. Lessor reserves, and shall always have the right to enter said premises for the purpose of viewing and ascertaining the condition of the same, or to protect its interests in the premises or to inspect the operations conducted DAB:cez 9/28/88 11 on said premises. The Lessor hereby reserves all rights, title and ~nterest ~n any and all gas, oil, mineral and vater upon or beneath said leased premises. Lessor shall have the right to enter upon said leased premises for the purpose of drilling, operat~ng and maintaining such ~nstallat10ns as are necessary or desirable for the development of said gas, oil, mineral and water rights as long as such activity does not unreasonably interfere with the use of the leased premises by Lessee. In the event that such entry or ~nspection by Lessor discloses that said premises are not ~n 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 ~ncurred by Lessor ~n having ~uch necessary maintenance work done ~n order to keep said premises in a safe or healthy 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 ~nterest at the rate of ten percent (lOt> per annum. The rights reserved in this section shall not create any obligations on Lessor or increase obligations elsewhere in this Lease ~mposed on Lessor. 19. Lessor hereby grants to Lessee an option to buy the leased premises at any time Lessee may elect but before the termination of the lease. Said option shall be exercised in writing. Upon the exercise of said option the Lessor and Lessee shall each select an appraiser, these two appraisers shall select DAB:cez 9/28/88 12 a third appraiser which appraiser shall appraise the property for fair market value without the ~provements constructed by Lessee. Such value shall reflect any encumbrances ~sed on the property by Lessor or its predecessors-in-interest. Such fair market value shall be the total acquisition price of the property and shall be paid in cash at close of escrow. The right to exercise said option shall be subject to whether Lessee shall have fully performed said lease and made all payments required hereby to that time. In the event of the exercise of this option as herein provided, Lessor agrees to convey 8aid property to Lessee by grant deed free and clear of all encumbrances except the taxes and assessments which under this lease are to be paid by Lessee, and all easements of record, and such other encumbrances, exceptions and reservations as agreed by Lessee. The obligations of Lessee under this lease shall cease after the consummation of said sale. Within a reasonable time after receipt of a written · notice of the exercise of the option granted herein, Lessor shall , deliver, or cause to be delivered, to Lessee a preliminary title report by a title company agreeable to the parties. Defects in title, if any, shown by such report shall be remedied by Lessor within a reasonable time of notice by Lessee of such defects, and Lessor shall deliver to Lessee at the time of closing an owner's policy of title insurance issued by said company in the amount of the purchase price subject only to encumbrances, exceptions and reservations herein mentioned or agreed to by Lessee. If this DAB:cez 9/28/88 13 option is not exercised by Lessee prior to the termination of the lease, then this option is null and void. 20. The Voluntary or other surrender of tbds Lease by Lessee, or a mutual cancellation thereof, ahall 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. 21 . The waiver by Lessor of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the aame 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 DAB:cez 14 9/28/88 for any cause ahall be cons~rued ~o be a ~enancy from mon~h-~o- mon~h, a~ any ren~al .elec~ed by Lessor which has been in effect during ~he ~erm, and shall o~herwise be on ~he ~erms and conditions herein specified so far as applicable. Such hOlding- over shall include any ~ime employed by Lessee in removing fix~ures. 23. All notices herein required shall be in wri~ing and delivered in person or sen~ by cer~ified mail, postage prepaid, as follows: LESSOR LESSEE Redevelopmen~ Agency of ~he Ci~ of San Bernardino 300 Nor~h "D" S~reet, 4th Floor San Bernardino, CA 92418 Rockwell In~erna~ional Corp. Real Estate Depar~ent 2230 E. Imperial Highway El Segundo, CA 90245 No~hing in ~his paragraph shall be cons~rued ~o prevent ~he giving of such no~ice by personal service. , , 24. If any sec~ion, subsec~ion, paragraph, sentence, clause, phrase, or POr~ion of ~his Lease is invalid or shall be held to be invalid, such invalidi~y shall not effect ~he validity of the balance or remainder. 25. The provisions of ~his Lease shall bind the assigns and successors in interest of ~he parties hereto. 26. In reference ~o any provision of ~his Lease and Option ~o Purchase which requires approval by ~he Lessor, such approval shall not be unreasonably withheld. DAB:cez 9/28/88 15 \ . .. , 27. ~1..~. of tb. ....nc. .1~b ~..pec~ ~o ~he perfcmu.nce of t:h. teraa, prov1810N1, oovenanb ~ ~f~1ona of 'tbJ.. La.... %N .I~NBSS WHEREOF, L...or and L..... ~ ex.cut.d . 'tbJ.. Le... on t:he d.~. ~1n~ bere1Dabcwe ~1't'ten. COMMUNI'l'Y DEVELOPMENT COMMISSION OF IJ'HE CI'I'Y OF SAN BERNARDINO By Cba1rain aOCltWELL %N'1'ERNA'1'IONAL Q)RPORA'1'ION By ... .,1tl. Approv.d .. = fona and 1.gal cont.n~: AGENCY COUNSEL ~ J)AB:c.z 9128/88 16 1 2 3 4 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 , 19 ~ 20 2] 22 23 24 25 26 27 28 RESOLUTION NO. ~ RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE ~ECUTION OF A LEASE AND OPTION TO PURCHASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCKWELL INTERNATIONAL CORPORATION TO LEASE CERTAIN PROPERTY WHICH SHALL ~ USED FOR A PARKING LOT AND RELATED USES. 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 said Agency a Lease and Option to Purchase between the Redevelopment Agency of the City of San Bernardino and Rockwell International Corporation to lease certain property which shall be used for a parking lot and related uses. A copy of this Lease and Option to Purchase is attached hereto as Exhibit "1" and incorported herein by this 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 regular meeting thereof, held on the day of , 1988 by the following vote, to wit: III III III III III DAB:cez October 13, 1988 1 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 , 19 ~ 20 21 22 23 24 25 26 27 28 RESOLUTION RE: LEASE AND OPTION TO PURCHASE BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCKWELL INTERNATIONAL CORPORATION TO PURCHASE CERTAIN PROPERTY TO BE USED AS A PARKING LOT AND RELATED USES .- <, 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 DAB:cez October 13, 1988 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 , 19 , 20 21 22 23 24 25 26 27 28 RESOLUTION NO. ~ RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMI~SIBN OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING ~;~XECUTION OF THE ACCEPTANCE OF CONDITIONS OF EXCESS PARKING CONSENT FROM SOUTHERN CALIFORNIA EDISON COMPANY BY THE RED~VELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 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 the acceptance of conditions of excess parking consent from Southern California Edison Company by the Redevelopment Agency of the City of San Bernardino. A copy of this Acceptance is attached hereto as Exhibit "1" and incorported herein by this 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 regular meeting thereof, held on the day of , 1988 by the following vote, to wit: III III III III III III " DAB:cez October 13, 1988 1 1 2 3 4 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 , , 19 20 2] 22 23 24 25 2G 27 28 RESOLUTION RE: THE EXECUTION OF THE ACCEPTANCE OF CONDITIONS OF EXCESS PARKING CONSENT FROM SOUTHERN CALIFORNIA EDISON COMPANY BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 0- .. 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. DAB:cez October 13, 1988 2 , P O. BOX 410 --t:ROUT~G 1988~ . ~~ :r ME I .L "l- LV ~'3 Ge ceTO ...rCf Southern California Edison Co 100 LONG BEACH BOULEVARD LONG BEACH. CALIFORNIA 90801 ROBERT W BRAY .....N...GER OF RE"'L PROPERTIES "'NO AO"'NISTR'" TlVE SERVICES Redevelopment Agency City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 September 19, Attention: Glenda Saul - Executive Director Gentlemen: SUBJECT: San Bernardino-Maraschino 115 kV T/L R/W (Easement) Request for Consent, Excess Parking RP File No. G6-88-0037JL - - The request has been approved as shown on the attached plans, subject to the following conditions: o;,;J~/ ROUTE COpy..l:C' U-~~ /;ryJ ) We have reviewed your request for consent to excess parking within the subject transmission line right of way. 1. Parking of vehicles on the Edison right of way shall not be permitted if it is a requirement of the development to satisfy any local zoning or city ordinances. , ~ 2. If the parking improvement unreasonably interferes with the operation or maintenance of any of the Edison Company's existing and/or future facilities, the Redevelopment Agency of the City of San Bernardino will redesign or remove the parking improvement, at its own expense, within ninety (90) days of written notice to do so. Any redesign of the excess parking plan will require the written approval of the Edison Company, which will Qot unreasonably be withheld. 3. Paving installed on the right of way must be capable of supporting forty (40) tons on a three-axle vehicle. 4. All costs incurred for the proposed project shall be borne by the Redevelopment Agency of the City of San Bernardino. Redevelopment Agency -2- September 19, 1988 s. Adequate access to all Edison structures shall be provided and at no time is there to be any interference with the free movement of Edison Company equipment and aaterials. 6. All equipment working on the Edison right of way shall maintain a minimum clearance of thirteen (13) feet from all overhead conductors and more than twenty-five (25) feet from all Edison structures. 7. The construction area shall be watered down periodically to prevent dust contamination to Edison Company insulators. Any maintenance required by Edison on its facilities over and above normal. and resulting from this operation. shall be paid for by the Redevelopment Agency of the City of San Bernardino. 8. Additional structures or development shall not be permitted within the Edison right of way. other than those approved herein. 9. Any trees or plants placed upon the Edison right of way shall not exceed a height of fifteen (15) feet at maturity and must be maintained by the property owner. 10. Flammable materials shall not be stored on the Edison right of way. 11. The Redevelopment Agency of the City of San Bernardino agrees. for itself. and for its and their agents and employees and any person or persons Claiming under the Redevelopment Agency of the City of San Bernardino. to save harmless and indemnify Edison. its successors and assigns and its and their officers. agents and employees. , from and against all claims. demands. loss. damage. ~ actions. causes of action. expense and/or liability arising or growing out of loss of or damage to property inClUding the property of Edison. its successors and assigns. and its and their officers. agents and employees. or injury to or death of persons resulting in any manner. directly or indirectly. from the maintenance. use. operation. repair or presence of the herein approved use, of the Edison right of way. 12. Any earth disturbed within the Edison right of way and/or backfilling shall be compacted to ninety percent (90\). 13. This letter should not be construed as a subordination of Edison's rights. title and interest in and to its easement(s). nor should this letter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of any costs of relocation of affected facilities. , Redevelopment Agency -3- September 19, 1988 14. Commercial-type driveways sixteen (16) feet wide with curb depressions capable of supporting forty (40) tons on a three-axle truck shall be installed on the Edison right of way as shown on the enclosed planes). .Please have the appropriate persons sign and date the enclosed copy of this letter. thereby indicating acceptance of the above conditions by the Redevelopment Agency of the City of San Bernardino. Please return the signed copy. using the enclosed envelope. In the event the copy of this letter is not signed and returned within sixty (60) days from the date hereinabove written. we will assume that your project has been either cancelled or delayed. In either instance. any consent granted or implied is voided without further notice. If construction should commence prior to your executing and returning the copy of this consent letter. we will take appropriate action to protect our real property rights. Thank you for your cooperation in this matter. If you should have any questions concerning this matter. please contact James A. Lee at (714) 820-5626. Very truly yours. . , J AL: j r 0104P Enclosures cc: Sue Noreen ACCEPTED AND APPROVED: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By Date Title ~ Jt ' ,(, ,Ii 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 . 19 ,. 20 21 22 23 24 25 26 27 28 RESOLUTION NO. .; . RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING ~HE EXECUTION OF A DECLARATION OF RECIPROCAL EASEMENT BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 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 sa:i.l~ Agency a Declaration of Reciprocal Easement by the Redevelopment Agency of the City of San Bernardino. A copy of this Declaration of Reciprocal Easement is attached hereto as Exhibit "1" and incorported herein by this 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 regular meeting there,:>f, held on the day of , 1988 by the _._- following vote, to wit: III III III III 11/ III III DAB:cez 1 October 13, 1988 1 2 3 4 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 .. ~ 19 20 2] 22 23 24 25 26 27 28 RESOLUTION RE: EXECUTION OF A DECLARATION OF RECIPROCAL EASEMENT BY THE REDEVELOPMENT AGENCY OF THE CITY 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: AGENCY COUNSEL DAB:cez October 13, 1988 2 ~'iJh... . , . .. W . -- Recording Reque.~ed by and when Recorded Mail To: THE REDEVELOPMENT AGENCY OF '!'HE CITY OF SAN BERNARDINO 300 N. "DR S~ree~, 4th Floor San Bernardino, CA 92418 ~ DECLARATION OF RECIPROCAL BASEMENT This declara~ion is made by the undersigned on ~he da~e set for~h opposi~e ~e signa~ures se~ forth hereaf~er, as owners of ~ha~ ce~ain real property loca~ed in ~e City of San Bernardino, California, and further described as follows: See Bzhibi~ "A" a~~ached here~o and incorpora~ed herein WHEREAS, ~he aforesaid real property is in ~he process of being improved by ~he undersigned; AND, WHEREAS, ~e City of San Bernardino has required ~he undersigned ~o make ~his declaration; ~ha~ ezcepting for the areas where improvements are to be located, on one or more of the parcels of said property, future owners of said real property and ~heir ~enants and invitees, shall have a reciprocal easement for parking and such future owners shall also have reciprocal easements for drainage and ingress and egress, all of such easements ~o be physically located on said real property, in such a manner 80 as ~o not interfere with ~he usual use of such improvements and designated parking spaces. The physical location of such easements shall be at ~he direction of the undersigned in accordance with the plot plan of such real property heretofore approved by the City of San Bernardino. NOW THEREFORE, the undersigned does hereby declare that in ~he event any of the parcels of said real property are conveyed to purchasers, ~hat such reciprocal easements for ingress, egress, parking, and drainage shall be reserved or conveyed as the case may be in such conveyances, in accordance with .this Declaration of Easements. Dated: THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: By: DAB:cez October 4, 1988 EXHIBIT "A" LEGAL DESCRIPTION That certain parcel of land in the City of San Bernardino, County of San Bernardino, State of California described as follows: PARCEL MAP 4781 THAT PTN PARCEL NO 6 LYING WEST OF EAST LINE LOT 11 BLOCK 72 R S B RECORDED MAP BOOK 7 PAGE 2 OFFICIAL RECORDS AND PARCEL MAP 4781 THAT PTN PARCEL NO 6 LYING EAST OF THE EAST LINE LOT 11 BLK 72 72 R S B AS RECORDED IN MAP BOOK 7 PAGE 2 OFFICIAL RECORDS SUBJECT TO: Covenants, conditions, restrictions, reservations, easements and rights of way of record, if any. , ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 '.. 19 20 2] 22 23 24 25 26 27 28 RESOLUTION NO. ~-.. ~. -- t~ RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING ~HE EXECUTION OF A DRAINAGE EASEMENT BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 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 said Agency a Drainage Easement by the Redevelopment Agency of the City of San Bernardino. A copy of this Easement is attached hereto as Exhibit "1" and incorported herein by this 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 regular meeting thereof, held on the day of , 1988 by the fo11owing vote, to wit: III III III III III III III DAB:cez October 13, 1988 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 . , 19 20 21 22 23 24 25 26 27 28 RESOLUTION RE: EXECUTION OF A DRAINAGE EASEMENT BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ~.: ',' \C ...... .J' >.;" ~,'; '~';;~ . :~ .,... ,:,(.',. << ' 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 ~ nnis . Barlow DAB:cez October 13, 1988 2 , - . :~ .:J ......: <::.= AND ,S MAIL TO: o CITY CURK ('ITY HAll JOO North "D" Street SIll Bernardino, California 92418 .ACE.wovE TMII LWE fIOR IIICORDEn USE EASEMENT . -1.I:If REDEVELOPMENT AGENCY OF THE CITY OF SM BERNARDINO -----.............-..--- ..--........................ (Grantor. Grantors) FOR A VAWABU CONSIDERAnON. NClIipt ofwlUc:h.. hereby~, Do ~ Hereby Grant to tbr CITY OF SAN aERNARDINO. I MIIIIidpII Corporation, ~~.~..!.~.~.~.~.~.~.~J~._...... ---2MtP~~es and apPurtenant facilities. in. over. under and acros~. .-..-...---.-......... tbr real property in the City of SIll 8emardino. Couaty of SIn 8enaardino, Sc.te of California, *xribed u follows: That portion of Parcel No.6. Parcel Map No. 4781. as per plat thereof recorded in Book 48 of Parcel Maps. Pages 87. 88, 89. records of the County Recorder of said County. described as follows: Commencing at the centerline intersection of Cooley Avenue and Gage Street i as delineated on Parcel Map No. 5968. as per plat thereof recorded in Book 66 of Parcel Maps. Pages 1 and 2. records of the County Recorder of said County, thence North 07032'48" West. a distance of 40.00 feet to a point on the Northerly line of said Cooley Avenue; thence North 82027'12" East along said Northerly line. a distance of 85.82 feet to the beginning of a tangent curve. concave Southerly and having a (Over) REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO Dated - ,19__ --..-----..---................................... By~__.___.._.......................... --...........-..-...............-.--....-............ Bv: ..-..--...--................-...............-...--... STATE OF CAUFORNI.4 This II 1IIl ..,Ify tIwt !lie In_ In _, ~ COUNTY OF ~ed Oy !lie ""thin intt,u"*,, to !lie CIty of San 55. "_no. Calif"",,,. . munICipal C-"lon. lI"..,y On before me, -.p,ed Oy _ of !lie City Council. _ !lie....... _II to !lie _'ion thereof by ill duly ..tIlorized I Notlry Public officer . ill and for laid CoWlty and State, ~y appeared known to me to be the Dated -- - President, and CtTY OF SAN BERNAROINO bown to me to be the Secretary of Bv ---____. tbr corporation that executed the Within and foregoing instrument. Ctty C....k and known to be the penons who executed the Within instrument on behalf of the corporation therein IIIlIIed, and acknowledged to me that IlIch corporltion executed the lime, and aclcnowledged to me that IlIch corporation executed the Within instrument pursuant to iU by.Jawa or I moJution of iu board of directors. Notary Public in and for laid County Ind State My commialon expires Loc:ation -!lE_Coole,r Ave.. Wlo POR IIIOT""Y lEAl OR IT AMI' - T i pp!.C;!.l).oe File No. 15.04-91 .- radius of 540.00 feet; thence Easterly along said curve and being the Northerly line of said Cooley Avenue through a central angle of 01010'13" a distance of 11.03 feet to the True Point of Beginning; thence North 150 241 44" West, a distance of 147.79 feet; thence North 74035' 16" East, a distance of 10.00 feet; thence South 150 24' 44" East, a distance of 152.76 feet to the said Northerly line of Cooley Avenue; thence Westerly along said Northerly line and said curve having a radius of 540.00 feet through a central angle of 010 II' 19", a distance of 11.20 feet to the True Point of Beginning. The easement herein granted shall include the right to construct, reconstruct, inspect, maintain and repair the drain and appurtenant facilities. The easement herein granted shall also include the right to use such areas adjacent to the easement as may be reasonably necessary for access to the work during such construction, reconstruction, inspection, maintenance or repair. , r o - fla ' u~ Q::q ~ '- "-'~;~ en."'" ,'. --. ~ ~, . .,HV1ItIJI.t ~ ---.=- . . -... . .-- -- -. - --~------~~ · 'x-q;.t -", (~~.1 'at '~ C'; - N~ , ;l\ ~ ~ ..~ .'. \a .~ ~. Por. ~ JnchoSon Bernord..tO @ '~.B. 7/2 ~ Q: o t- U 1- - :> . J -----~--A~'" 0# '01 ~ -- \ I' e \ i ~ '~1 u c 1ft @: \ \ , ~ ~~ - 9 ~ ",--, 0 .: '~'lt o . A. '" .. .,' f/J'. +" q" ~ fI) C .. ~'i'~ o \.'!.I.. Go "..7' .. U C .~... ~ '-:!.J.. Go ..: - U JI ... ~; " - -.-. ~ u c ~.'" o ,..,01 CL .......~ , , .: ci l. c l~ '. r~' , ".. \ , .@" '. \ .'\ \l..~ o\, ~, '1:\ , , ~I.sq \ . r " r- . '" r ...',' ':nr~5.,f'"'1r:J- . . " ..... .. ... ~,~ ~~ ~ a", ~~~~l q. ~ ~ In .. e I. _ u . 'f IiD\ ~ ... ~\!Yl. ~ . ~ .. .. :: . tt ~ , t s/~ i(j;~ , .., 'It ~.. ,\'1- ~ 'eJ ~" ~ ~\ , ~. , ..... q. : '.. Iff ., r "a.,.' ., rJ Dl . ~. ~. ~ ". ~ ~ to " : . ~ fl . .... : 'tJ ' , . ~ 7 4" '35' 1 6" E 10.00' . zz 70' SOUTHERN CALIFORNIA EDISON EASEMENT ---- ------- " . ~ (j) WI C) <t: C) " r---. z 85.82' N82" 27' 12"E 1 065.68' -- ~~ COOLEY AVE. 8 I N 6 1 1" 10' 13 2 1" 11 19 R L T 540 11.03' 5.52' 540 11.20 5.60 7 I -