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HomeMy WebLinkAbout1993-5364 "'~ RESOLUTION NO. 5364 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPR9VING ACERTA;J.:N . LEASE AGREEMENT BY AND BETWEEN ~H.~REDJWEtpPMENT AGENCY OF THE CITY OF SANB~ARDINO AN'P DAVID A. MILLER AND DENYSE M. MILJ,EJ{, ~S HUSB~D AND WIFE, AND ALLAN SMITH, AS POST CONFI~'fION TRUSTEE OF THE BANKRUPTCY ESTATE OF H. F.RANK DOMINGUEZ, PERTAINING TO THE LEASE OF CERTAIN REAL PROPERTY OWNED BY THE AGENCY WHEREAS, the City of San Bernardino, California (the "City"), is a municipal corporation and a charter city duly created and existing pursuant to the Constitution and the laws of the State of California; and ........... 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 . f "Agency"), is a redevelopment agency, a publ1c 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 Central City Redevelopment Project (the "Redevelopment Plan") was previously approved and adopted by the Community Development Commission of the City of San Bernardino (the "Council") by duly authorized Ordinance of the Council; and - 1 - ,..., .......~ WHEREAS, the Redevelopment Plan provides for the lease of real property for redevelopment purposes both within and outside of the redevelopment project area which is subject to the Redevelopment Plan (the "Project Area") by the Agency; and WHEREAS, 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, Agency has fee title to certain real property consisting of approximately t1 SOO square feet of land generally . located near the intersection of Fourth and "E" Street, in the ci ty of San Bernardino, County of San Bernardino, State of California which is located within the Project Area (the "Premises"); and WHEREAS, the Agency and David A. Miller and Denyse M. Miller, as husband and wife, and Allan Smith, as post confirmation trustee for the bankruptcy estate of H. Frank Dominquez (collectively, the "Lessee") desire to enter into a certain Lease Agreement (the "Lease Agreement"), a copy of which is attached hereto as Exhibit" A" and incorporated herein by reference, pursuant to which the Lessee would lease the Premises from the Agency; and ..~ - 2 - WHEREAS, the Agency and the Lessee intend to cause the Premises to be used as a pubic parking lot to pr9vide parking and in accordance therewith the Agency has previously caused the development of certain parking improvements on the Premises; and WHEREAS, the Agency Staff has prepared and made available for public inspection a certain Summary Report (the "Summary") concerning the proposed Lease 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 Agency has duly noticed and conducted a public hearing in accordance with the requirements of Health and Safety Code Section 33433 concerning the proposed lease of the Premises by the Agency to the Lessee pursuant to the proposed Lease Agreement; and WHEREAS, the Agency has duly noticed and conducted a pUblic hearing in accordance with the requirements of Health and Safety Code Section 33431 concerning the proposed lease of the Premises by the Agency to the Lessee pursuant to the proposed Lease Agreement; and - WHEREAS, based upon evidence and testimony submitted to the Agency, it is reasonable and appropriate for the Agency to approve the proposed Lease Agreement. ......... - 3 - /'~,'~ \'......, NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Agency finds and determines that the lease of the Premises as described in the proposed Lease Agreement is within the scope, terms and provisions of the Redevelopment Plan. Section 2. The Agency has held a public hearing on #'~ the lease of the Premises in accordance with Health and Safety Code Sections 33431 and 33433 and hereby accepts and approves the '- Summary as prepared by Agency Staff. Section 3. The Agency hereby finds and determines that the lease of the Premises to the Lessee pursuant to the terms of the Lease Agreement is reasonable and necessary to effectuate the purposes of the Redevelopment Plan to provide much needed public parking to employees, patrons and visitors of the County of San Bernardino Department of Public Social Services which is located in an adjacent building to the Premises as well as to occupants of the Project Area. Section 4. The Agency hereby approves the proposed I"""'"" '\.- Lease Agreement and the lease of the Agency's interest in the Premises to the Lessee. The Agency Chairman and Secretary are - 4 - -- hereby authorized to execute the Lease Agreement on behalf of the Agency with such non-substantive changes as may be approved by the Agency Chairman and Agency Counsel. ...... '- .......... - 5 - RESO~LUTION. OF THE COMMUNITY: I)EVELOPMENT COMMISSION OF THE CITY OF SANBERNARDINQAPPROVJNG ACE,RTAIN L.lA.SE A,gREEMEN'I' BY AND BETWEEN 'I'HE.R.E;b~ELOPH~T AGENCYOl THE CITY' OF SAN BERNARDINO AND DAVID A. MI~ER AND OENYSE IJ.MILLER, AS IfUSBAND AND WIFE, AND ALLAN SMITH, AS Po.STCONFIRMATIONTaUSTEE OF THE BANKRUPTCY ESTATE OF . H. FRANl(OOMINGUEZ , PERTAINING TO'l'HE LEASE OF CERTAIN REAL PROPERTY OWNED BY THE AGENCY Section s. The findings and determinations herein shall be final and conclusive. This Resolution shall take effect upon the date of its adoption. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a Re~ular meeting thereof, held on the 10 day of May , 1993, by the following vote, to wit: - Commission Members: ~ ~ ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER ...JL ...JL ...JL --L --L x -L secr~ Kenneth J. Henderson day of The foregoing resolution May , 1993. '-' Approved as to form and legal content: By: ~.J. -' Agency Co el 5BOO\0001 \DOC\679 - 6 -