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HomeMy WebLinkAbout12316 ~ , (> , .... c 1,....1 , RESOLUTION NO. /;j..3/ h RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING Ii. REDEVELOPMENT PLAN, APPROVING A REDEVELOPMENT PLAN REPORT, AND THE NEGATIVE DECLARATION ENVIRONMENTAL IMPACT STATE- MENT CONTAINED THEREIN, AND DIRECTING THE FILING OF A NOTICE OF DETERMINATION, CENTRAL CITY WEST WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has prepared a Redevelopment Plan for Central City West; and WHEREAS, the Agency has prepared a Redevelopment Plan Report and a Negative Declaration Environmental Impact Statement on said Redevelopment Plan; and WHEREAS, said Negative Statement Environmental Impact Statement was offered for review as authorized and directed by the Agency and the Mayor and Common Council; and WHEREAS, all comments received have been reviewed and answered when appropriate and incorporated in said Environmental Impact Statement; and WHEREAS, pursuant to notice duly given, the Agency and the Mayor and Common Council have held a full and fair public hearing on said Redevelopment Plan and said Negative Declaration Environmental Impact Statement and are fully advised in the premises; and WHEREAS, the Agency has adopted its Resolution entitled: "Resolution of the Redevelopment Agency of the City of San Bernardino Approving a Redevelopment Plan; Approving a Redevelopment Plan Report; Approving the Negative Declaration, Environmental Impact Statement Contained Therein; and Directing the Filing of a Notice of Determination, for Central City West" and ~ 6 o . WHEREAS, the above entitled Resolution has been transmitted to the Mayor and Common Council. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. A full and fair public hearing having been held on said Negative Declaration Environmental Impact Statement, as stated in the recitals herein, and the Mayor and Common Council, having considered all comments received thereon and being fully advised in the premises, hereby approves said Negative Declaration Environmental Impact Statement, together with said comments and the responses thereto, which is a part of said Redevelopment Plan Report, Central City West. Section 2. The Mayor and Common Council hereby certify that: (1) the Negative Declaration Environmental Impact Statement has been completed in compliance with the California Environmental Quality Act, Public Resources Code Sections 21000, et ~., 14 California Administrative Code Sections 15000, et ~., and (ii) the Mayor and Common Council have reviewed and considered the information contained in said Negative Declaration Environmental Impact Statement. Section 3. A full and fair public hearing having been held on said Redevelop- ment Plan, Central City West, as stated in the recitals herein, the Mayor and Common Council, having considered all oral and written comments and testimony relating thereto and being fully advised in the premises, hereby approve said Redevelopment Plan, attached hereto as Exhibit "A" and by this reference incorporated herein. Section 4. The Mayor and Common Council, hereby approve said Redevelop- ment Plan Report, Central City West, attached hereto as Exhibit liB" and by this reference incorporated herein. -2- ~. () () . Section 5. The redevelopment of the Central City West Project Area. pursuant to said Redevelopment Plan. will have no significant effect on the environment. Section 6. The City Clerk, in conjunction with the Secretary of the Agency. is hereby authorized and directed to file with the County Clerk of San Bernardino County the Notice of Determination, pursuant to 14 California Administrative Code Section 15085 (g) . I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ~ meeting thereof, held on the ;?J;IJday of, :!".L"j/7' 1976, by tile following vote, to wit: NAYS: {!,N<V//An~: !2YAAO: '2.;,;;/~ )i~~A-A4' zL..I~~xl,/k .X-"p~ ~_/~/__.A...v.' ~A/ ~ ~A/~/!'__ _ ~nI City Clerk AYES: ABSENT: The foregoing resolution is hereby approved this day of .1"./A""7 1976. v FILED FEB ::; 1976 . E ~OFORTH. c/ / .~...,DEPUn: -3- ) 7 . , ) .. G llt_IILIPIIIT jlll~1 Of THE CITY Of snn D~RnnRDlno, CnLlfDRnln - . MEMSERS WALLACE (WALLY) GREEN, CHAIRMAN MRS. HUGO (lAM!) BLUM, VICE_CHAIRMAN ALAN E. GUHIN PAUL M. PEREA WAYNE E. STEPHENSON RAY M. WILSON CHARLES D. OBERSHAW . PETER W. QUINN. JR. EXECUTIVE DIRECTOR SECRETARY. TREASURER CITY HALL 300 NORTH "0" STREET SAN BERNARDINO. CALIFORNIA 82401 PHONE: (714) 383.115081 P. O. DRAWER 392 January 16, 1976 Honorable Mayor and Common Council of the City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Honorable Mayor and Council: Enclosed herewith are the following resolutions of the Redevelopment Agency of the City of San Bernardino, adopted January 15, 1976, regarding the imple- mentation of the Central City East - the City, County, State, Federal, Civic Center Complex: RESOLUTION NO. 3147 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, TAKING CERTAIN ACTIONS IN CONNECTION WITH A DRAFT ENVIRONMENTAL IMPACT REPORT REGARDING THE REDEVELOPMENT PLAN FOR CENTRAL CITY EAST - THE CITY, COUNTY, STATE, FEDERAL CIVIC CENTER COMPLEX RESOLUTION NO. 3149 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CONSENTING TO THE HOLDING OF A JOINT PUBLIC HEARING ON THE REDEVELOPMENT PLAN FOR CENTRAL CITY EAST - THE CITY, COUNTY. STATE, FEDERAL CIVIC CENTER COMPLEX. REQUESTING THE MAYOR AND COM- MON COUNCIL TO CONSENT TO AND ORDER THE HOLDING OF SAME, AND AUTHORIZING PUBLICATION AND MAILING OF NOTICE THEREOF . MOMENTUM MAKES THE DIFFERENCE .Mayor and Common Council January 16, 1976 Page -2- Central City East RESOLUTION NO. 3151 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ADOPTING RULES GOVERNING PARTICIPATION BY OWNERS AND BUSINESS TENANTS IN CENTRAL CITY EAST - THE CITY, COUNTY, ST ATE, FEDERAL CIVIC CENTER COMPLEX RESOLUTION NO. 3153 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ADOPTING RULES GOVERNING PREFER- ENcE FOR RE-ENTRY IN BUSINESS IN CENTRAL CITY EAST - THE CITY, COUNTY, STATE, FEDERAL CIVIC CENTER COMPLEX RESOLUTION NO. 3155 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ADOPTING THE FORM OF "DECLARATION OF RESTRICTIONS" TO BE INCLUDED IN ALL INSTRUCTIONS CONVEYING REAL PROPERTY WITHIN THE PROJECT AREA OF CENTRAL CITY EAST - THE CITY, COUNTY, ST ATE, FEDERAL CIVIC CENTER COMPLEX RespectfullYJ?ub itted, -. ~- '~---'-~ ~. sab encl. cc: City Attorney // / / llllYILI'll1T iUIICI OF THE CITY OF SAn OERnARDInO, CALIFORniA CITY HALL . aoo NORTH ~'D" BTRlEn . P. O. DRAWlER lea . SAN BERNARDINO. CALIFORNIA 8240t . PHONE (714) 383-S0el I RESOLUTION NO. 3147 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. CALIFORNIA. TAKING CERTAIN ACTIONS IN CONNECTION WITH A DRAFT ENVIRONMENTAL IMPACT REPORT REGARDING THE REDEVELOPMENT PLAN FOR CENTRAL CITY EAST- THE CITY. COUNTY. ST ATE. FEDERAL CIVIC CENTER COMPLI?X WHEREAS. pursuant to the authorization and direction of the Agency to prepare the Redevelopment Plan for Central City East - the City. County. State. Federal Civic Center Complex. there has been prepared a Draft Environmental Impact Report ("Draft EIR") thereon as required by law; and WHEREAS. said Draft EIR should be offered for review and comments thereon. NOW. THEREFORE. BE IT RESOLVED. DETERMINED AND ORDERED BY THE RE- DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. As FOLLOWS: Section 1. That the Draft EIR attached hereto as Exhibit "C" and made a part hereof is hereby approved. Section 2. That the form entitled "Form CA-189" regarding said Draft EIR shall be filed' by the Secretary with the Resources Agency of the State of California. Section-So That,the'8'ellT$T'Yshall cause 'a notice of the availability of said Draft .. .. .. .... ,',.' ,.,.y.. ,,'.: .. ...,0 .. ...._ ~...' ....: , EIR to be published in The Sun Telegram. Section 4. That the Executive Director of the Agency shall request comments on said Draft EIR from such reviewing agencies as he shall deem appropriate in the circumstances. Section 5. That March 3. 1976 shall be the last day on which the Agency will receive comments on the Draft EIR. Section 6. That a public hearing be held on the Draft EIR as follows: Date: April 19. 1976 Time: 2:00p.m. . . Place: Council Chambers City Hall 300 North "D" Street San Bernardino. CA } 'RESO: NO. 3147 (Cont'd)- t Section 7. That the Mayor and Common Council of the City of San Bernardino are hereby requested to meet jointly with the Agency on the date and time and at the place set forth in Section 6. above. , " ',1 Section 8. The Secretary is hereby authorized and directed to transmit a copy of this Resolution. together with the attached Exhibit "C". to the Mayor and Common Council of the City of San Bernardino. for such action as they ,may wish to take. PASSED. APPROVED AND ADOPTED this , 1976. 15th day of Januarv .~ .j:' ";,. I RESOLUTioN NO. 3149 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CONSENTING TO THE HOLDING OF A JOINT PUBLIC HEARING ON THE REDEVELOPMENT PLAN FOR CENTRAL CITY EAST - THE CITY, COUNTY, STATE, FEDERAL CIVIC CENTER COMPLEX. REQUESTING THE MAYOR AND COM- MON COUNCIL TO CONSENT TO AND ORDER THE HOLDING OF SAME, AND AUTHORIZING PUBLICATION AND MAILING OF NOTICE THEREOF WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has adopted its Resolution entitled: . RESOLUTION NO. 3144 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PRELIMINARILY APPROVING A REDEVEL- OPMENT PLAN. A REDEVELOPMENT PLAN REPORT AND A DRAFT ENVIRONMENTAL IMPACT REPORT REGARDING CENTRAL CITY EAST - THE CITY, COUNTY, STATE, FEDERAL CIVIC CENTER COMPLEX; AND AUTHORIZING TRANSMITTAL OF SAME TO THE PLANNING COMMISSION. NOW. THEREFQRE, BE IT RESOLVED. DETERMINED AND ORDERED BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: Section 1. That a joint public hearing with the Mayor and Common Council of the City of San Bernardino be held on said Redevelopment Plan as follows: Date: April 19, 1976 Time: 2: 00 p.m. Place: . Council Chambers City Hall 300 North "D" Street San Bernardino, California Section 2. The Agency hereby consents to the holding of such hearing. Section 3. That the Mayor and Common Council of the City of San Bernardino be requested to meet jointly and hold such hearing with the Agency on the date and time and at the place set forth in Section 1. ) RE50 NO. 3149 (Cont'd) l Section 4. The Secretary of the Agency is hereby authorized and directed to transmit a copy of this Resolution to the Mayor and Common Council of the City of S,m Bernardino, . together with a copy of said Redevelopment Plan. attached hereto as Exhibit "A" and by this reference incorporated herein, and the Redevelopment Plan Report, attached hereto as Exhibit "B" and by thi.s reference incorporated herein. Section 5. The Secretary of the Agency is hereby authorized and directed, in cooperation with the City Clerk of the City of San Bernardino, to cause a Notice of such joint public hearing on said Redevelopment Plan to be published once a week for four (4) successive weeks prior to the hearing in The Sun Telegram. Section 6. The Executive Director of the Agency is hereby authorized and dir- ected, in cooperation with the City Clerk of the City of San Bernardino, to cause copies of said Notice of such joint public hearing. together with the map or state- ment required by Health and Safety Code Section 33350, to be mailed, by certified mail with return receipt requested, to the last known assessee of each parcel of land within the boundaries of the Central City East - the City, County, State, Federal Civic Center Complex Project Area, at his last known address as shown on the last equalized assessment roll of the County. Section 7. The Executive Director of the Agency is hereby authorized and directed, in cooperation with the City Clerk of the City of San Bernardino, to cause copies of the Notice of such joint public hearing to be mailed, by certified mail, with return receipt requested, to the governing boa.y of each of the taxing agencies which levy taxes upon any property in the Central City East - the City, County. State, Federal Civic Center Complex Project Area. Accompanying said Notice of such joint public hearing shall be the statement required by Health and Safety Code Section 33350.1. PASSED, APPROVED AND ADOPTED THIS 15th 1976. day of January , . ) RESOLUTION NO. 3151 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ADOPTING RULES GOVERNING PARTICIPATION BY OWNERS AND BUSINESS TENANTS IN CENTRAL CITY EAST - THE CITY. COUNTY. STATE. FEDERAL CIVIC CENTER COMPLEX WHEREAS. the Redevelopment Agency of the City of San Bernardino has prepared a Redevelopment Plan for Central City East - the City. County, State, Federal Civic Center Complex; and WHEREAS, the owners of certain real property and/or business tenants thereof, within the above named Project Area, may desire to participate in the redevelop- ment in conformity with the Redevelopment Plan. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE RE- DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. The rules and regulations entitled: "Redevelopment Agency of the City of San Bernardino. Rules Governing Participation by Owners and Business Tenants in Central City East - the City, County, State. Federal Civic Center Complex" attached hereto as Exhibit "A" and by this reference incorporated herein, shall "govern participation by owners and business tenants in Central City East - the City., County, State, Federal Civic Center Complex. Section 2. The Secretary shall make said rules and regulations available at the office of the City Clerk of the City of San Bernardino for inspection by all inter- ested persons. PASSED, APPROVED AND ADOPTED this 15th day of Januarv . 1976. REDEVELOP~lENT p.GE11CY OF THE CITY OF SF~ BERNAPDINO RULES GOVEP~lI~G PARTICIPATION BY OWNERS AND BUSINESS TENANTS IN CENTPAL CITY EAST-THE CITY, COUNTY, STATE, . FEDERi\L CIVIC CENTER COl1PLEX Section 1. GENERi\L . . .... ~hese rules are promulgated to iF.~lement the provIsions of the Recevelo?ment Plan for Central City East- .'the City, County, State, Federal civic Center .Complex re- 'garding participation by o\vners and business tenants ".......in the redevelopment in conformity \~ith the Redevelopment ~lan. These Rules set forth the procedures governing such ~ctivities. .The Redevelopment Agency of the City of sari. Bernardino ("Agency") desires and urges participation in i:he gro.vth and development of the Project Area by as many Otvners and business .tenants as possible. . Successors in interest of original participant owners or business tenants may become participants at any , ( stage with the written approval of the Agency. Exhibit "A" The ,.;ord "oimar" used herein shall, unless the context othe~1ise requires, include business tenants. . Section: 2. PARTICIPF.TIm: BY O'i.~.mRS . A. Participation in an existing location. In appropriate circu,<lstances, .an o,'mer. may participate in substantially the sa.-ne location eit.l-ter by re- tain~g _~ll or portions of this property, or by retaining all. or portions of his property and purchasing adjacent property . . . .fro:,n the ~gency or from existi~g mmers" I.n Oimer who par- ticipates in t.~e sarr~ location may be required to demolish . "" al.l or part of his existi~g structures. In so~e instances, ~e ~gency may purchase and demolish such structures. ., .-.'.... '. B. 'Participation in different locations. In appropriate circur:'.staL1.ces, the -?gency will buy the land and :L-nprovements from existing o\mers I and offer .par.cefs o:f 'land for purchase by participants prior to offer- i~S .for sale to t.~e general public. . .SecH'on 3. O~~~ER PARTICIPATION AGREEvffiNT Each owner and business ten?~t desirL~g to participate will be required to enter into a Participation Agreement with t.~e Agency. Each Participation Agreem~nt will c contain provisions necessary to insure that t.~e Particip~tion -2- . Proposal \vi11 b' parried out, and that tJ:" ~subject proper:ty \'1ill be developed or used in accordance 1'1ith the conditions, restrictions, rules and regulations of the Redevelopment Plan and the Participation Agreement. Each Participation Agreemant will require'the participant to join in the recordation of such documents as the Agency may require ,in order to insure such development and use. Participation Agre~p-ntswill be effective only,if approved by the Agency. Section 4. PARTICIPATION PROCEDUPE -;- A. Each o.mer and business tenant interested in bec~ming a participant in 'Central City East-the City, County, 'Sta~e, Federal civic Center Complex must submit to the Agency ,a state.."llent indicating such interest ("Statement ot Interest") within One Hundred and ~yenty (120) days after the adoption of an ordinance by the Mayor and Common Council of,the City of San Bernardino approving the Redevelopment Plan for' Central City East-the city, County, State, Federal Civic Center Complex. The Agency may disregard Statements of In- terest submitted after said One Hundred and Twenty (120) days. The Agency will notify each owner and business ten- ant submitting a Statement of, Interest of the ti~e within i. -3- " which he m~y sub~it to the Agency a proposal to participate in said Project ( "R.' .01 0- . eCiev.....-:- ~~en:c. P?rticipation Proposal") . B. . Each Redevelop~ent Participation Proposal shall include evidence of the proposer's financial ability to complete his participation in accord~~ce with the Redevelop- ment Plan. C. If the ~gency approves the Redevelopment. . 'participation Proposal and determines. that the proposer has the ability to complete his participation in accordance wi.tl~ the Redevelopment Plan, the Agency may offer the O';<7ner or business tenant a Participation ~gree~ent. <~. . .'.D. The following are the m;nim~~ requirements that: must be. met regara.i~g the property involved: , (i). the property shall'meet,or shall be bro~ght up to meet, at. the o,mer's or business tenant's expense, as the case may be, a structural condition equal to or better than that required for a ne~; structure or imp~ove~ent of equivalent size, location, use and occupancy as 'required by the -4- . . . . I . ~ 1 .. I,. . bu.'ild::L~i.g al1C!. sa::::-p"ty a~':s -anG. reg-l...t_at~ons t;.l1en ap?licable in the city of San Bernardino. (ii) the i~?rovements as existing or rehabilitated shall conform to the Redevelop- mel'lt Plan. .(iii) the o:mer or business tenant shall demonstrate to the satisfaction of t.l1e ?,.gency that he is financially capable of perfonaing any and all modifications or rehabilitation or mode:;;nization on the eJ:isting property in order that it "\'iill conform to the. Redevelo?~ent Plan. \.... E. The participating owner or business tenant . . ".0,.. shall execute a Participation ?greement in which he shall agree.to proceed with the redevelopment of the property in- ..... volved in accordance ,'7ith the Redevelopment Plan. F. ' 'In t~e Participation~_g-..:eement, a participating owner or business tenant shall ~gree.to remove, d~aolishr alter, improve or reha=ilitate existing structures and improvements on the property involved and to thereafter use and maintain the s~~e in su~h mfu~ner as shall be required by said Redevelop~ent Plan a~d the Declaration of Restrictions. -5- (( \" G. In t..'1.e part~cipa"tion Agreement, a participating Owner or business ten~~t shall ~gree to remove or per.mit the -?\gency to rerwve a,'1.y and all restrictions existing against the property involved whi~~ are contrary to those contained in" the Redevelopra"mt Phm or the Declaration or Restrict:ions and to impose or pe~it the ~gency to impose said Declaration ofP~strictions on tl1e property involved. H." In the Participation -!,greement, a participating O\iner or business tenant shall ~gree to insert into and make a part of any lease, rental ~greement, occupancy permit, .. .use or sales ~greement pertaining to the" properti involved ." " or "any other doclliuent a provision that there shall be no ." restrictions imposed thereo~ because of race, sex," color, creed," rel~gion, national orgin, or ancestry. " :t. In the Participation -?\gree..T:!ent, if a partici- " pati~g owner or business ten~'1.t agrees to "remove, d~uolish, alter, improve or r~'labilitate existing structures and improvements on the property involved, he shall also ~gree to do" such wiL~in specified time limits established by the ~gency. If the participati!lg ot>Tner or business tenant agrees to construct new structures," and/or improvements on the pro- perty involved or to remove, demolish, alter, irepro;..-e or rehabilitate existing property, he shall ~gree to do so .. . . . -6- on~y after plan~specific~tio~5 and ar~i()'s renderings of the building have bee~ ?re3entcd to and approved by the Agency. He shall also agree ~o perfo~ such construction, after said approval, within s?ecified time limits established by t..he ~gency. J. All o',mers a...~a. business tenants I ,,,ho' lilay be. offered Participation Agreements by ~~e Agency, shall enter -.. .. '. into such Participation ~;ree~ents wi~~in the tL~e limits specified by the Agency. K. All prope"t~i m-;ners and business tenants in 'the Proje'ct Area shall have access to copies of said Redevelop- .... PI d t h' .. . t . J:: . . ~ d men... an an 0 suc o"C~er aa a, :!.Il,J..ormat:.J..o-:l ana racor s on file in 'the ~_gency' s office as nay ,be aD.oY1ad byt..he '~gency at'reasonable office hours and, at the decision of the Agency, ,at any reasonable ap?ointec. times. Such property o~-mers and business tena:.,ts :may meet ,.lith the Agency r.>.eIr.bers at any r~gular or special meeti~g of the Agency to discuss the Redevelopment .Plan as it affects their property, providing such owners and business ten~,ts shall make a request so as to, meet the Agency mewbers at least iive(5) '.;orki~g days . t th t' .... - n . . prl.or 0 e l.Ina se... :;:cr sue.. ~ee"Cl.ng_' L 'F.;>c' p~.......1..i c; -:>::a~'i 0':"'1 ':\ -.0..... ~ t l.n . .:...1_ n c;.;._ '-_ _.. ",,".'-_ I.. hgreel~:_n..... ....\a::a:" con a. a section designating the ~urchase pricaof the parcel of -7- . , pr'operty invOlve9 for \.;hich o,mers of o propzrty shall agree to sell such parcel in the event the Agency is requ~red to declare a default or a breach of any or all of the terms and conditions of the Participation Agreementiso that, in accordance with the Redevelopment Plan, the property involved in the Participation Agreement may be acquired by the Agency for redevelopment 'in accordance with the Redevelopment Plan, and upon such acquisition, the owner or business tenant shall have no further rights to' participate by Participation Agreement in the Redevelopment Plim. Section 5. Al.ffiNDMENT TO THESE RULES ''):'he'Agencymay amend these Ru.],es ~atany meet- ing,held after their adoption after notices to owners and . business tenants who have submitted Statements of Interest. Such notice may be delivered personally or by mail to the last, known address sho~m in the records of the Agency. Notices ,shall be delivered personally or posted by mail at least fourteen (l4) days before the date of the meeting at which the proposed amenQ~ents will be considered. -8- . ! c o RESOLUTION NO. 3153 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY . OF SAN BERNARDINO ADOPTING RULES GOVERNING PREFER- ENCE FOR RE-ENTRY IN BUSINESS IN.CENTRAL CITY EAST - THE CITY, COUNTY, STATE, FEDERAL CIVIC CENTER COMPLEX , -I , I ! i WHEREAS. the Redevelopment Agency of the City of San Bernardino ("Agency") has prepared a Redevelopment Plan for Central City East - the City, County, State, Federal Civic Center Complex; and WHEREAS. the Agency desires', when consistent with the objectives of the Redevelopment Plan, to give preference to existing owners and business tenants for re-entry in business in the redevelopment area. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE RE- DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: Section 1. The rules and regulations entitled: "Redevelopment Agency of the City of San Bernardino Rules Governing Preference for Re-Entry in Business in Central City East - the City. County, State, Federal Civic Center Complex" attached hereto as Exhibit "A" .and incorporated herein by reference as through set forth in.full, shall govern the re-entry of owners and business tenants in business in the redeveloped area. Section 2. The Secretary shall make said rules and regulations available at the office of the City Clerk of the City of San Bernardino for inspection by all interested persons. PASSED, APPROVED AND ADOPTED this 15th day of Januarv , 1976. o o. ( \. \ REDEVLLOP~ENT AGENCY OF THE crn OF Sk"J BER'iAP-DINO RULES .C-OVZ?..NnTG PP.EFERENCE FOR RE-ENTRY IN BUSINESS IN CENTR~ CITY EAST-THE CITY, COL~TY, STATE, FEDEPAL CIVIC CENTER CO~PLEX All persons engaged in business within the bo~.- daries of the Central City East-the city, County~ State, Federal Civic Center Complex Project Area ("Project Area") may re-enter the Project Area in accordance with the fol- lowing provisions: " "r: i " i.. 1. Should ~aid persons desire to purchase land in the Project Area froill :the Agency , they will 'be'subject ,to all rules, regulations and conditions governing any other "person desiring to purchase property w'ithin the Project Area. 2. (a) All persons engaged in business in the Project Area shall be afforded special consideration regard- ing their redevelopment plans r provided their plans are as good or better than persons not previously located within . ' the Project Area. (b) All persons engaged in business in the Project Area shall agree to construct all improvements in EXHIBIT "A'" o o ~ccordance with the Redevelopment Plan for the Central City East-the City, County, State, Federal 'civic Center Complex. All persons previously engaged in business in tl~e Project Area shall agree to remove, or permit the Agency to remove, w~y 'and all restrictions eAisti~g against the property which are contrary to those contained in said Redevelopment Plan or the Declaration of Restrictioris and shall permit the Agency to impose said Declaration of Re- strictions on their property. 3. Said persons shall file with the Agency, ~ evidence, satisfactory to it, of such person's financial ,ability to perform. 4. All persons previously engaged in business in the project Area shall agree to make a part of any lease, rental agreement, occupan~l permit, sales agreement or con- struction contract a provision that there be no restrictions in regard to race, 'sex, color, creed, rel~gion, national origin and ancestry. 5. Said persons shall ~gree to aid the Agency in every way possible in the temporary relocation of their busi- ness prior to their re-entry into the Project Area. -2- o o (! . '. . 6. Said persons shall ~gree to participate in any total parking arrangenent developed for the Project Area. .7. Said persons shall agree to maintain and operate their properties in accordance wi.En the Redevelopment Plan and all covenants, conditions and restrictions thereof. 8. All persons \'Tho. may re-enter the Project Area shall have access to copies of the Redevelopment Plan and such other data, information and records on file in the Agency's office asrnay be allowed by the Agency at reasonable , i,.. office hours and, at the decision of the Agency ,at any reasonable appointed time. Such persons may meet \vith the Agency members at any regular or special meeting of the . ~gency to discuss the Plan as. it affects them, providing such person shall make a request so to meet \viththe ~gency members at . least five (5) "Torking days prior to that tho.e . set for such meeting. . ( -3- . c o. RESOLUTION NO. 3155 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ADOPTING THE FORM OF "DECLARATION OF RESTRICTIONS" TO BE INCLUDED IN ALL INSTRUMENTS CONVEYING REAL PROPERTY WITHIN THE PROJECT AREA OF CENTRAL CITY EAST - THE CITY, COUNTY , STATE, FEDERAL CIVIC CENTER COMPLEX WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is preparing a Redevelopment Plan for Central City East - the City, . County. State, Federal Civic Center Complex; and WHEREAS, the Agency will. from time to time, sell. dispose of, convey. transfer or lease some or all of the parcels of real property within the Central City East - the City, County. State, Federal Civic Center Complex Project Area; and WHEREAS. the Agency desires that, for the benefit of the Agency and the several purchasers or lessees of lots and parcels of such real property, to prescribe certain standards relating to the use and occupation of such real property. NOW, THEREFORE, BE IT RESOLVED. DETERMINED AND ORDERED BY THE REDE- VELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Section 1. The form "Declaration of Restrictions" attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full, shall be included in every instrument executed by the Agency which conveys. disposes of. transfers or leases real property within the Project Area of Central City East - the City. County. State, Federal Civic Center Complex. PASSED. APPROVED AND ADOPTED this 15th day of Januarv . 1976. . . ( o o DECLAPATION'OF RESTRICTIONS ~IOW ALL ~ffiN BY TRESE PRESENTS: THIS bECLAR~TION, made and dated this day , by the REDEVELOPI1ENT AGENCY , of OF THE CITY OF SAN BERNARDINO, STATE OF CALIFORi'UA,~'lhich for convenience shall sometimes be hereinafter designated and referred to as the "Agency". WIT N E SSE T H: - - - - - - - - - ,- (. / . WHEREAS, Agency is the owner of that certain real property situated in the City of San Bernardino, County of San Bernardino, State of California, which real property is wi thin the boundaries of the Redevelopment Project known as Central City East-the City, County, State, Federal. Civic Center Complex (hereinafter called "Project"); \ and WHEP~AS, the Agency is about to sell, dispose of, convey, transfer or lease some or all of the parcels of said real property and desires in that behalf, for the l benefit of itself and the several purchasers or lessees of lots and parcels of said real property to prescribe certain standards relating to the use and occupation of such real .property. Exhibit "A" o o ( .NOW, THEREFORE, IN CONSIDERT\TION OF THE PROM- ISES, and for the uses and purposes herein set forth, the Agency hereby declares that all deeds, leases and contracts for the sale, lease, use or transfer of.all lots, parcels, and portions of the rea~ property referred to in the re- citals hereof shall be made and accepted upon condition that said land be devoted to the use provided in the Re- development Plan for the Project; and the following ex- press conditions, provisions, restrictions, and covenants (hereinafter referred to as "conditions"), shall apply to and bind the grantees thereof, their heirs, executors, ad- ministrators, successors and assigns, and all persons claiming. under or through them, in the development of the . "real property referred to in the recitals 'hereof and each and every lot, parcel or portion thereof and each and every lot or parcel into which such real property.is subdivided: 1. No building shall be permitted to remain within the boundaries of the Project (hereinafter referred .to as "Project Area") \1hich does not or cannot be made to conform to the Redevelopment Plan for the Project. 2. Any and all plans for grading, buildings, structures, appurtenances thereto, landscaping, architec- tural desi~n, use and location of building shall be sub- mitted to the Agency and approved by said Agency prior to construction. . .2:'" o o 3. No buildings, structures and/or ap~urte- nances thereto shall be placed on any lots scthcit any portion thereof shall be closer to the property lines than those set back requirements set forth in the Plan and/or as required by the zoning ordinance of the City of San Bernardino as it now exists or is hereafter fu~ended.. 4. Off-street parking requirements shall be those set forth in the Redevelopment Plan and/or the zoning ordinance of the City of San Bernardino as it now exists or may hereafter be amended. 5. No s~gn shall be permitted to be con- structed, attached, inscribed, affixed or painted on or to any buildi~g in the Project Area unless and until the design for such sign has been presented to and approved by' the Agency as to location, size, design and construc- tion. : 6. The area bebqeen the City curb and/or sidewalk and any and all buildings in the Project Area shall be paved to City of San Bernardino specifications and/or landscaped and maintained by the owner or o\~ers of the lot as a condition of use. ...3- . 7. ~il decisions and O. approvals or disapprov- als by the Agency her~in established shall be final. and binding with the right of appeal as provided in the Plan. 8. All of the foregoing covenants, conditions, and restrictions set forth in the above numbered subpara- . graphs 1 through 7, inclusive, shall run with the land and shall continue in full force and effect for a period of forty-five (45) years. 9. There shall be no discrimination against or segregation of, any person or group of persons on ac- count of race, color, creed, national origin, or ancestry in the sale, lease, sublease, trfu~sfer, use, occupancy, I', tenure, or-enjoyment of-the premises herein conveyed, nor sh&ll the grantee himself or any person claiming under or through him, establish or permit any such practice or prac- tices of discrimination or segregation with reference to the selection, location, n~ber, use or occupancy of ten- anbs, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run \.dth the land and shall apply to and be forever bind- ing upon any purchaser, grantee, vendee, or lessee of any part of said property, his heirs, executors, administra- tors, and assigns, and all persons claiming under or through them. -'4-. Cl () ....J PROVIDED, FURTrffiR, that if any covenant or con- dition or restriction or paragraph, section, sentence, clause or phrase herein contained shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be illegal or against public policy, the remaining covenants, conditions, and restric- tions, paragraphs, sections, clauses, or phrases herein contained shall not be affected thereby and shall remain in full force and effect. PROVIDED, FURTHER, ALSO, that a breach of any. of the foregoing covenants and conditions. shall not de~ feat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, as to said re- alty or any part thereof, and said covenants and conditions shall be binding upon and effective against any subsequent owner of said realty. IN WITNESS ~'1HEREOF, THE REDEVELOPNENT AGENCY OF THE CITY OF SAN BER!.~ARDINO, STATE OF CALIFORNIA, has executed these presents the day and year first above writ- ten. THE REDEVELOPNENT AGENCY OF THE CITY OF SAN BERNARDINO, STATE OF CALIFORNIA Chairman .Secretary (ACKNONLEDC;EMENT] \.' .