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Home My WebLink About1990-5264 RESOLUTION NO. 5264 """"- RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND NEW FRONTIER COMMERCIAL PROPERTIES, INC., A CALIFORNIA CORPORATION PERTAINING TO A SHOPPING CENTER DEVELOPMENT IN THE NORTHWEST REDEVELOPMENT PROJECT AREA WHEREAS, the Community Development Commission of the City of San Bernardino (the "commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of California, organized and existing pursuant to the community Redevelopment Law (Part 1 of Division 24) commencing with Section 33000) of the Health and Safety Code of the State of /;:>>~ '- California (the "Act)"; and WHEREAS, the Redevelopment Plan for the Northwest Redevelopment Project (the "Redevelopment Plan") was previously approved and adopted by the Mayor and Common Council of the City of San Bernardino (the "Council") by Ordinance No. MC-189, dated July 6, 1982; and WHEREAS, the Redevelopment Plan provides for the redevelopment of real property pursuant to the Redevelopment Plan by owners thereof or by parties seeking to acquire real property from the Agency; and - 1 - ,...,.... '- WHEREAS, section 33391 of the Act provides that a redevelopment agency may acquire any real or personal property within a redevelopment project area or for the purposes of redevelopment and section 33430 of the Act provides that a redevelopment agency may dispose of any real or personal property within a redevelopment project area or for the purposes of redevelopment; and WHEREAS, the Agency and New Frontier Commercial Properties, Inc., a California corporation (the "Developer") desire to enter into a certain Disposition and Development Agreement (the "Agreement"), a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, pursuant to which, among other ~ matters, the Developer would acquire from the Agency certain real "- property (the "Property") which is described in Attachment "2" to the Agreement. The Property is located within the area subject to the Redevelopment Plan (the "Project Area"). The acquisition of the Property would be for purposes of the redevelopment thereof, as described in the Agreement, including construction by the Developer of approximately Ninety Five Thousand (95,000) square feet (subject to changes caused by a later survey), of building space on a Four Hundred Forty Thousand square foot site including parking, and landscaping areas for the development of a commercial retail shopping center (the "Project"); and ~~:ft..,.". .""'" - 2 - - '- ~ L ~j~ '-' WHEREAS, the Agency Staff has prepared and made available for public inspection a certain Summary Report (the "Summary") concerning the proposed Agreement, as required by Health and Safety Code section 33433, a copy of which is on file with the Agency and is incorporated herein by reference; and WHEREAS, the City Staff has duly noticed and conducted a public hearing in accordance with the requirements of Health and Safety Code section 33433 concerning the proposed sale of the Property by the Agency to the Developer pursuant to the proposed Agreement; and WHEREAS, the City has duly noticed and conducted a public hearing in accordance with the requirements of Health and Safety Code section 33431 concerning the proposed sale of the Property by the Agency to the Developer pursuant to the proposed Agreement; and WHEREAS, based upon evidence and testimony submitted to the Agency, it is reasonable and appropriate for the Agency to approve the proposed Agreement. NOW, THEREFORE, BE IT RESOLVED, BY THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: - 3 - t"- "- Section 1. The Agency finds and determines that the development of the Property as described in the proposed Agreement is within the scope, terms and provisions of the Redevelopment Plan. Section 2. The City has held a public hearing on the disposition of the Property in accordance with Health and safety Code Sections 33431 and 334333 and hereby accepts and approves the Summary as prepared by Agency Staff. section 3. The Agency hereby finds and determines that the conveyance of the Property to the Developer pursuant to the terms of the Agreement and the provision of redevelopment ,~ assistance as more fully described in the Agreement is reasonable '-' and necessary to effectuate the purposes of the Redevelopment Plan, in that it will permit the Developer to develop the Property in order to eliminate blight, to create emploYment opportunities, to increase the value of real property in the Project Area and to cause the City and the Agency to receive additional tax revenues as a result of redevelopment. section 4. The Agency hereby approves the proposed Agreement and the conveyance of the Agency's interest in the Property to the Developer. The Agency authorizes the Executive Director of the Agency to execute the Agreement and to execute such other documents as may be necessary to implement the Agreement and /""""" '- - 4 - ."......... ""- f"~ '-' /"'''''' .~ to make any necessary non-substantive changes in the Agreement as may be approved by Agency Special Counsel. adoption. section 5. This Resolution shall take effect upon - 5 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE - CITY OF SAN BERNARDINO APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND NEW FRONTIER COMMERCIAL PROPERTIES, INC., A CALIFORNIA CORPORATION PERTAINING TO A SHOPPING CENTER DEVELOPMENT IN THE NORTHWEST REDEVELOPMENT PROJECT AREA I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a Joint Regular meeting thereof, held on the 15th day of October , 1990, by the following vote, to wit: commission Members: AYES NAYS ABSTAIN ABSENT c ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER x x - x x x - V' " x day of October , 1990. 15th The foregoing resolution is hereby Approved as to form and legal content: By. iA/UAA '\///2, t~ YA"i{:;~U~~ ~~~,~< - 6 - STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Kenneth J. Henderson, Secretary of the communi ty Development Commission of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Community Development Commission of the city of San Bernardino Resolution No. 5264 is a full, true and correct copy of that now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Community Development Commission of the City of San Bernardino this 15th day of October 1990. Sec etary of the Community Development Commission of the City of San Bernardino :..~ - 7 - '-' SECRETARY'S CERTIFICATE OF ADOPTION AND AUTHENTICATION I, Kenneth J. Henderson Secretary of the Community Development Commission, DO HEREBY CERTIFY that the attached Resolution is a true and correct copy of Resolution No. 5264 adopted October 15 , 19 90 , by the Communi ty Deve lopment Commission of the City of San Bernardino, by the vote set forth below, and that said Resolution has not been amended or repealed. Check Appropriate Box COMMISSION MEMBERS YEAS NAYS ABSENT ABSTAIN ESTHER R. ESTRADA I x I [=1 [=1 1=1 JACK REILLY 1 x I 1=1 1=1 1=1 JESS FLORES 1 x 1 1=1 1=1 1=1 d!!.-~ '-' MICHAEL MAUDSLEY I x I 1=1 1=1 I_I TOM MINOR I x I 1=1 1=1 1=1 VALERIE POPE-LUDLAM 1 x I 1=1 1=1 1=1 NORINE MILLER 1=1 1=1 I x I 1=1 DATED: October 15 , 19 90 . ity of the City [SEAL] AGENDA ITEM INFORMATION SUMMARY GENERAL INFORMATION: "- Su~ Committee CommissionJCouncil Filing Dates Author Ext. Meeting Dates Ward Project Area Funding Requirements Budget Authority, CITY DEPARTMENTAL REVIEW: Date CLEARANCES: Date Yes NlA 0 0 Accounting 0 0 Special Counsel 0 0 City Attorney 0 0 City Administrator RDA Committee recommendation RDA MANAGEMENT REVIEW: Date Executive Director Administrative Deputy Manager/Supervisor Depl By Depl By INFORMATIONAL DATA FORWARDED TO CITY DEPARTMENTS/COUNCIL OFFICES: Sent to By Date Mayo(s Office Council Ward Council Ward Council Ward Council Ward Department Department COMMENTS/CONCERNS: Include pertinent comments and concerns of offices and persons clearing the summary. such as controversial Issues. time constraints and funding complications. Indicate dates when action must be taken. RDA -174 REV. 6-29-89