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HomeMy WebLinkAbout13122 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. /.,5/,.;:?.;< 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE CON- VEYANCE OF A CERTAIN LOT AND PARCEL OF REAL PROPERTY, AND CERTAIN 3 AIRRIGH'l'S OVER AND ABOVE SAID LOT AND PARCEL OF REAL PROPERTY, ALL OF SAID PROPERTY BEING CONVEYED BEING SITUATED ON THE EAST 4 SIDE OF "En STREET, 365 FEET NORTH OF SECOND STREET, AND ALL OF SAID REAL PROPERTY BEING LOCATED WITHIN THE MEADOWBROOK - CENTRAL 5 CITY PROJECT AREA ~O. 1, WITH THE LOT AND PARCEL OF REAL PROPERTY BEING CONVEYED TO THE CITY OF SAN BERNARDINO AND THE AIR RIGHTS 6 BEING CONVEYED TO GRAND HOTEL , INC., A CALIFORNIA CORPORATION, SAID CONVEYANCES BEING BY THE REDEVELOPMENT AGENCY OF THE CITY 7 OF SAN BERNARDINO (HEALTH & SAFETY CODE SECTION 33433), AND THE EXECUTION OF AN OPERATING AGREEMENT WITH GRAND HOTEL, INC. 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino is the owner of the certain parcel of real property situated in the Meadowbrook - Central City Project Area No.1, more particularly described in Exhibit "An attached hereto and incorporated herein by reference as fully as though set forth in full and at length; and WHEREAS, said parcel of real property was purchased on September 24, 1970 for the sum of one hundred forty thousand dollars ($140,000.00), the fair market value of the said parcel of real property for the highest and best use consistent with the Redevelopment Plan; and WHEREAS, the Redevelopment Agency of the City of San Bernardino proposes to convey the lot and parcel of real property described in Exhibit "A" and a certain air rights site being at an elevation of 1,076 feet over and above said parcel of real property also described in Exhibit "A", with the conveyance of the lot and parcel of real property being for the purpose of constructing a Convention-Exhibition Center thereon, and the conveyance of the said air rights being for the purpose of constructing and developing a hotel therein; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ': . , , 1 WHEREAS, the current fair market value of said lot and 2 parcel of real property together with the air rights applicable thereto for the highest and best use consistent with the Redevelop 3 4 ment Plan has been determined to be a sum not less than one 5 6 hundred forty thousand dollars ($140,000.00), the purchase price for said property; and 7 WHEREAS, the conveyance of said lot and parcel of real 8 property and the conveyance of said air rights is for less than the fair market value of the property being conveyed; and 9 WHEREAS, said conveyances are necessary to effectuate the purposes of the Redevelopment Plan in that the City of San Bernardino contemplates developing an expansion of their Con- vention-Exhibition Center under said air rights site and the hotel to be developed in said air rights site will complement and enhance the expanded Convention-Exhibition Center to be con- structed by City; and WHEREAS, the development of the enlarged and improved Convention-Exhibition Center on the lot and parcel of real property, and the development and construction of the hotel in said air rights will benefit the Meadowbrook - Central City Project Area No.1; and WHEREAS, the City, the Redevelopment Agency of the City of San Bernardino and the Grand Hotel, Inc., a California corporation, will develop said parcel of real property, including the air rights site, in accordance with a plan and concept initiated pursuant to a Disposition Agreement entered into by the parties to said agreement; and WHEREAS, the conveyance of the lot and parcel of real -2- 10 11 , . I 1 property to the City of San Bernardino, and the conveyance of 2 the air rights site to Grand Hotel, Inc. are necessary as pro- 3 vided herein in order to secure the enlargement and improvement 4 of the Convention-Exhibition Center and the development of the 5 hotel; and 6 WHEREAS, it is necessary for the City of San Bernardino to enter into an Operating Agreement with Grand Hotel, Inc., a 7 8 California corporation, providing for the operation of said hotel 9 and Convention-Exhibition Center; and WHEREAS, the Mayor and Common Council of the City of San Bernardino, on December 19, 1977, consented to and did so set a 12 Joint Public Hearing for 3:00 p.m., January 9, 1978, with the Redevelopment Agency, regarding the conveyance by the Redeve10p- 13 14 ment Agency of land and air rights for the development of a 15 hotel; and 16 WHEREAS, Notice of Joint Public Hearing was published by 17 the City Clerk of the City of San Bernardino, in the Sun Telegram 18 on December 23, 1977 through January 5, 1978; and WHEREAS, on January 9, 1978, said Joint Public Hearing was 19 20 duly held in accordance with law, at which evidence, both oral 21 and documentary, was received, and the Mayor and Common Council I I weighed and considered the same, together with public comments 22 23 thereon; and 24 WHEREAS, the Redevelopment Agency has made available for public inspection and copying all of the information required by 25 26 Health and Safety Code Section 33433; and 27 WHEREAS, all hearings have been held as required by Health 28 and Safety Code Section 33433, -3- 1 2 3 I 4 I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r- NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO do hereby find and declare that the conveyance of the lot and parcel of real property and the air rights site is for less than the estimated fair market value of said pro- perty determined at the highest use permitted under the Meadowbrook - Central City Project Area No. 1 Plan, and that such lesser consideration is necessary to effectuate the pur- poses of said plan for the following reasons: 1. The Redevelopment plan provides and allows commercial uses, including, without limitation, hotels, retail establishment, office buildings, motels and such services as are normally compatible, and, in addition, the overall plan of development heretofore adopted by the Redevelopment Agency and the City for the Central City Area and, particularly, the land over which the air rights site is located specifically provide for the construction and development of a Convention-Exhibition Center and hotel. The Redevelopment Agency and the City have endeavored to find a developer to construct a hotel within the air rights site for the past 10 years and have been unsuccessful until the present time; 2. The conveyance of the lot and parcel of real property described in Exhibit "A",less the air rights as aforesaid, will enable and promote the development and expansion of the Con- vention-Exhibition Center for a public purpose, to wit: a public Convention-Exhibition Center for the citizens of the City of San Bernardino; 3. Alleviation of current operating net yearly deficit of -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,- approximately $188,000.00 of the City of San Bernardino Con- vention-Exhibition Center, 4. A modernization and upgrading of the facilities of the Convention-Exhibition Center, 5. Expanded services of the Convention-EXhibition Center, 6. The refurbishing, modification and construction of the Convention-Exhibition Center, 7. Expanded financial resources realized by the City of San Bernardino as a serious and successful contender for West Coast conventions, exhibitions and conferences, 8. The generation and receipt of approximately $151,000.00 of various taxes resulting from the operation of the hotel, 9. If the Redevelopment Agency does not convey the lot and parcel of real property to the City of San Bernardino and the air rights to Grand Hotel, Inc. as aforesaid, the total consideration for which may be less than the fair market value, the development and expansion of the Convention-Exhibition Center will not be completed or possible, and the Redevelopment Plan for the project area cannot be effectuated, 10. The real property involved herein has been owned since September 24, 1970, and has been held for the development, expansion and improvement of the Convention-Exhibition Center and for the development of a hotel, 11. There is no claim for a finder's fee provided for by established Redevelopment Agency policy for the proposed development, 12. All of the recitals set forth hereinabove are incorporated herein by reference, -5- ,. . 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 l 13. Should the Redevelopment Agency not convey the real property described and proposed herein, the Redevelopment Plan for this project area could not be effectuated. BE IT FURTHER RESOLVED that the Mayor and Common Council of the City of San Bernardino hereby approve said Operating Agreement and the conveyance of the lot and parcel of real property and the said air rights as described herein upon the terms, conditions, and for the reasons herein set forth, and authorize the execution of said Operating Agreement. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San ..rnardino at a "~~~~/ meeting th.reof, heid on the ~~~day of ____ _________,1978, by the following vote, to wit: J AYES: Councilmen ~aJ-~ c/(~<<--, J~ ~ c~;:~/ NAYS: '7lJJtR ./ ABSENT: ~~~ 2L~< Wh~ of \.'~ ~L f' , If j ino n The foregoing resolution erk d this =?~ day , 1978. ,..- I L. E 0 JAN 26 1978 iJCIL.Lf GOFORTH! tllvClerk ""<X:~ j'>:/J ~ '. ._-_....."...._...""':U,,:':~.. _.a. /' <:/ -.._~ -6-