HomeMy WebLinkAboutCDC/2009-20
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RESOLUTION NO. CDC/2009-20
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE AMENDMENT NO. 1 TO THE 2008 DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE AGENCY AND
MAYA CINEMAS NORTH AMERICA, INC., (CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA)
WHEREAS, the Community Development Commission of the City of San Bernardino (the
9 "Commission") is the governing board of the Redevelopment Agency of the City of San Bernardino
10 (the "Agency"); and
11 WHEREAS, on December IS, 2008, the Commission approved a 2008 Disposition and
12 Development Agreement ('"Agreement") by and between the Agency and Maya Cinemas North
13 America, Inc., a Delaware Corporation (the "Developer"), and authorized the Interim Executive
14 Director of the Agency to execute the Agreement relating to the sale and development of the 20-
15 Plex Cinema building located at 450 North "E" Street and referred to as Assessor's Parcel Numbers:
16 0134-131-24, 25, 26, 27, 28 (the "Property") and made certain findings thereto related to the
17 development of the Property; and
18 WHEREAS, the Developer has performed diligently in order to carry out and submit all
19 required documentation, as called out in the Agreement in a timely manner; and
20 WHEREAS, the Developer has experienced unforeseen delays caused by certain time
21 constraints involved in obtaining financing from the U.S. Department of Housing and Urban
22 Development ('"HUD"); and
23 WHEREAS, the action of amending a Disposition and Development Agreement does not
24 meet the definition ofa "Project" under Section 15378 of the California Environmental Quality Act
25 "CEQA") which states that a "Project" means the whole of an action, which has a potential for
26 resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect
27 physical change in the environment; and
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CDCj2009-20
I WHEREAS, it 1S appropriate for the Commission to approve Amendment No.1 to the
2 Agreement.
3 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
4 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
5 FOLLOWS:
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Section 1.
The Commission hereby approves the attached Amendment No. 1 in the form
7 presented at the meeting at which this Resolution is adopted and as attached to this Resolution as
8 Exhibit "A" and incorporated herein by reference. The Interim Executive Director of the Agency is
9 hereby authorized and directed to execute Amendment No. I on behalf of the Agency, together with
10 such techoical and conforming changes as may be recommended by the Executive Director of the
11 Agency and approved by the Agency Counsel.
This Resolution shall take effect from and after its date of adoption by this
12 Section 2.
13 Commission.
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CDC/2009-20
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE AMENDMENT NO. 1 TO THE 2008 DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE AGENCY AND
MAYA CINEMAS NORTH AMERICA, INC., (CENTRAL CITY NORTH
REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a ioint regular
meeting
8 thereof, held on the 18th day of May , 2009, by the following vote to wit:
9 Commission Members: Aves Navs Abstain Absent
10 ESTRADA X
11 BAXTER X
12 BRINKER X
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13 SHORETT X
KELLEY X
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JOHNSON X
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MC CAMMACK X
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17 ?f.~
18 Secretary
19 .K
The foregoing Resolution is hereby approved this d.O 'f" - day of
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Approved as to Form:
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27 By: C ~
~Agency C sel
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May
,2009.
crt" .-I.
J. Moms, erson
unity Development Commission
of the City of San Bernardino
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CDC/2009-20
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EXHIBIT "A"
Amendment No.1 to DDA
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._^__._..h M" ~ __ .____~___.k'_ 'rfV"'D_~~M
CDC/2009-20
AMENDMENT NO. I
TO THE 2008 DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AND
MAYA CINEMAS NORTH AMERICA, INC.
This Amendment No. 1 (this "Amendment") is dated as of May 18, 2009, by and between
the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic
(the "Agency"), and Maya Cinemas North America, Inc., a Delaware corporation (the
"Developer"), and is an amendment to the 2008 Disposition and Development Agreement (the
"Agreement") by and between the Agency and the Developer dated December 15, 2008. The
Agreement is for the purchase and sale of Agency owned property generally located at 450 North
"E" Street and referred to as Assessor's Parcel Numbers: 0134-131-24, 25, 26, 27, 28 (the
"Property") in the Central City North Redevelopment Project Area.
This Amendment is entered into in light of the facts set forth in the following Recital
Paragraphs.
RECITALS
1. The Redevelopment Plan for the Central City North Redevelopment Project
("Redevelopment Plan") provides for the purchase and redevelopment of property by private
parties such as the Developer. The Property and certain adjoining parcels are part of the
redevelopment project area included within the scope of the Redevelopment Plan adopted for
purposes of, and with the intent to, revitalize and redevelop areas that are adversely affected by
blight.
2. The Agency and the Developer desire to redevelop the Property as a 20 screen
cinema complex to include an I-Max screen, enhanced decor, furniture and fixtures and digital
audio-visual capabilities to the auditoriums (the "Project").
3. The Agency and the Developer seek to make certain modifications to the
Agreement in order to adjust certain dates, as set forth in the Agreement, based upon updated
information received from outside entities responsible for financing the Project.
NOW, THEREFORE, THE AGENCY AND THE DEVELOPER AMEND THE
AGREEMENT AS FOLLOWS:
1. Section 2.03(g) entitled "Opening and Closing of Escrow" shall be amended by
changing the date of July 1,2009, to read October 30, 2009.
2. Section 3.01(s) entitled "Development of the Project by the Developer" shall be
amended by changing the date of July 1,2009, to read December 31,2009.
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3. All other terms and conditions shall remain the same as are presently set forili in
the Agreement; provided, however, that the parties recognize that there are other items contained
in the Agreement that should be addressed in extensive detail at the time of approval of the HUD
Section 108 loan financing with respect to the development plan for the Phase lA Parcel, the
Phase 1I Parcel and the Phase III Parcel, including required updates to the Schedule of
Performance.
4. This Amendment may be executed in any number of counterparts, each of which
shall constitute an original and all of which shall constitute but one and the same document, and
this Amendment shall take effect from and after the date of execution and delivery by the
Agency and the Developer of this Amendment.
IN WITNESS WHEREOF, the parties have signed this Amendment as of the date first
set forth below.
AGENCY
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic
-~\
//
Date: ~ - 2-7./01
By:
Emil A. Marzul 0,
Executive Director
Approved as to Form and Legal Content:
By:
~~~
Agency ou el
DEVELOPER
Cinemas N rth America, Inc.
a la corpo ation
y:
Title:
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