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HomeMy WebLinkAbout1993-5365 ;"'""" \,-, RESOLUTION NO. 5365 ~.~ RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AP;P~OVl;NG A ACQUISITION AGREEMENT BY AND BETWEEN TH!::~EDEVEtoPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND DAVID A. MILLER AND DENYSE M. MIL~~, AS HUSBANP AND WIFE, AND ALLAN SMITH, AS POS!!' CONFIRMATI()tl. TRUSTEE OF THE BANKRUPTCY ESTATE OF If. FRANK DOMINGUEZ, PERTAINING TO -CERTAIN REAL' PROPERTY LOCATED WITHIN THE CENTRAL CITY' REDEVELOPMENT PROJECT AREA 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 "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 ~1i':~' 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 acquisition of real property for redevelopment purposes within the redevelopment project area which is subject to the Redevelopment Plan (the "Project Area") by the Agency; and WHEREAS, Section 33391 of the Act provides that a redevelopment agency may acquire real property within a redevelopment project area for the purposes of redevelopment; and WHEREAS, Agency is seeking to acquire certain real property consisting of approximately~~3~o square feet of land . ''-4...... generally located near the intersection of Fourth and "E" Street, in the City of San Bernardino, County of San Bernardino, State of California which is located within the Project Area (the "Property"); 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 Dominguez (collectively, the "Owner") desire to enter into a certain Acquisition Agreement (the "Acquisition Agreement"), a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, pursuant to which the Agency would acquire the Property from the Owner; and ""- WHEREAS, the Agency intends to cause the Property to be used as a pubic parking lot to provide parking and in accordance - 2 - c therewi th, the Agency proposes to cause the development of certain parking improvements on the Property; and WHEREAS, the acquisition and development of the Property will enable the Agency to provide pUblic parking to residents and occupants of the Project Area and the City generally and would also provide additional parking for use by visitors and patrons of the County of San Bernardino Department of PUblic Social Services; and WHEREAS, it is reasonable and appropriate for the Agency to approve the proposed Acquisition Agreement. .~. ........, 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 acquisition of the Property as described in the proposed Acquisition Agreement is within the scope, terms and provisions of the Redevelopment Plan. Section 2. The Agency hereby finds and determines c that the acquisition of the Property pursuant to the terms of the Acquisition Agreement is reasonable and necessary to effectuate the purposes of the Redevelopment Plan to provide much needed - 3 - ~ii~ I "- 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 Property as well as to occupants of the Project Area and the pUblic generally. Section 3. The Agency hereby approves the proposed Acquisition Agreement and authorizes the Agency Chairman and Secretary to execute the Acquisition Agreement with such non- substantial changes as may be deemed necessary by the Agency Chairman and Agency Counsel. - '-' - 4 - r~"'~ -- RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ~ SAN BERNARDINO .APPROVING A CERTAIN ACQUISITION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND 'DAVID A.'MI~ERA1lD DENYSE~. MILLER, AS HUSBAND AND WIFE, ANDALLA,NSMITH,.AS POSTCONFIRKATION TRUSTEE OF THE BANKRUPTCY ESTATE OF.H.. FRANK DOMINGUEZ, .PERTAINING .'1'0 CERTAIN REAL PROPERTY LOCATED WITHIN THE CENTRAL CITY REDEVELOPMENT PROJECT AREA Section 4. 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 Regular 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 --1L. -1L. -1L. --1L. --1L. x --L day of The foregoing resolution May , 1993. derson 10 ;po(-"- Approved as to form and legal content: By: ~_tl....) ~gency Cou el - 8800\0001 \DOC\680 '- - 5 -