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HomeMy WebLinkAboutR33- Economic Development Agency CITY OF SAN BERNARDINO ORIGINAL ECONOMIC DEVELOPMENT AGENCY FROM: Emil A.Marzullo SUBJECT: Purchase of City owned property at Third Street Interim Executive Director - and Waterman Avenue as presently owned by the City of San Bernardino DATE: April 22,2010 Synopsis of Previous Commission/Council/Committee Action(s): On May 1, 1962, Resolution No.6357 was adopted,approving a lease with the State of California National Guard for City property located on the north side of Third Street,west of Waterman Avenue,for 50 years,with an option to extend for 50 additional years. On April 22,2010,Redevelopment Committee Members Johnson, Marquez and Brinker unanimously voted to recommend that the Mayor and Common Council and the Community Development Commission consider this action for approval. Recommended Motion(s): Open/Close Public Hearing (Mayor and Common Council) A: Resolution of the Mayor and Common Council of the City of San Bernardino approving the sale of City property generally located on the north side of Third Street, west of Waterman Avenue to the Redevelopment Agency of the City of San Bernardino("Agency")and directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a Grant Deed for the Sale of said property(Central City East Redevelopment Project Area) (Community Development Commission) B: Resolution of the Community Development Commission of the City of San Bernardino approving the purchase of City property generally located on the north side of Third Street, west of Waterman Avenue by the Redevelopment Agency of the City of San Bernardino("Agency")and directing and authorizing the Interim Executive Director of the Agency to execute a Sales and Purchase Agreement and a Grant Deed for the purchase of said property(Central City East Redevelopment Project Area) Contact Person(s): Brian Turnbull Phone: (909)663-1044 Central City East Project Area(s): Redevelopment Project Area Ward(s): 1st Supporting Data Attached: 0 Staff Report 0 Resolution(s)0 Agreement(s)/Contract(s)❑Map(s)❑ Lctter(s) FUNDING REQUIREMENTS: Amount: $ 500,000 Source: Tax Increment Budget Authority: 2009- 0 Budget Signature: Fiscal Review: Emil A. arzu o,Intermt Executive Director Lori P. ro- ' ery, Administrative Services �q— Director Commission/Council Notes: 6 Ot,q PWg<ntlesWom DerCo=ismonTDCMIM5bi-3UPmp Ww�u3N&WttemanSR.doc COMMISSION MEETING AGENDA Meeting Date: 05//0Y22010 Agenda Item Number: 11-57 ECONOMIC DEVELOPMENT AGENCY STAFF REPORT PURCHASE OF CITY OWNED PROPERTY AT THIRD STREET AND WATERMAN AVENUE AS PRESENTLY OWNED BY THE CITY OF SAN BERNARDINO BACKGROUND: On December 21, 2009,the City of San Bernardino ("City") Finance Director was authorized to amend the FY 2009/2010 budget to reflect lowered revenue projections and implement budget balancing strategies, which included the sale of City property at Third Street and Waterman Avenue to the Redevelopment Agency of the City of San Bernardino ("Agency"). The property proposed to be sold to the Agency consists of two parcels located on the north side of Third Street, west of Waterman Avenue. The parcel on the northwest corner of Waterman Avenue and Third Street(APN: 0135-11-14) consists of 2.57 acres. The parcel was leased to the United States of America for operating an Army Reserve facility. The lease amount is $1 per year and is for the land only. The Army has constructed several buildings on the site for its operations, consisting of a total of approximately 17,450 square feet. The lease is dated May 9, 1952, with an effective date of May 15, 1952 and an expiration date of May 14, 2052. The parcel to the immediate west of this parcel (APN: 0135-191-13) consists of 2.36 acres. The parcel was leased to the State of California for operating a State National Guard and Armory facility. The lease amount is $1 per year and is for the land only. The State has constructed a building on the site for its operations, consisting of approximately 15,000 square feet. The lease is dated May 1, 1962, with an effective date of May 1, 1962, and an expiration date of April 30, 2061. Both leases state that upon termination, the City, through mutual agreement, may retain the buildings. The leases also state that the City, at its option, may require that the sites be returned to their original condition, including demolition and cleanup of the sites with proper notification by the City. The lease with the Army additionally states that the lessee may make payment to the lessor in lieu of restoring the property to its original state. The Agency will acquire these parcels subject to the existing leases. CURRENT ISSUE: On April 5, 2010, Resolution No. 2010-57, was adopted, relative to the proposed sale of the above referenced City property. The Resolution established a sales price of$500,000 and set a public hearing for May 3, 2010. Notices of the proposed sale and public hearing were published and posted, as required by law. The Mayor and Common Council of the City of San Bernardino Resolution approving the sale and authorizing the execution of a Sales and Purchase Agreement and a Grant Deed, will be considered after the close of the public hearing. After execution of the agreement by the City and the Agency, the sale will be completed by the payment of the sales price to the City from the Agency and recording of the Grant Deed. No escrow will be used to complete the sale, thus no closing or escrow fees will P Ugnm.e\Ca=Nv Con ions 201MSs 3-10e p"yorte 43ma WMum sx.d« COMMISSION MEETING AGENDA I Meeting Date: 05//03/2010 1 Agenda Item Number: n7A i Economic Development Agency Staff Report Purchase of City Owned Property—3id and Waterman Page 2 apply. The Community Development Commission of the City of San Bernardino Resolution authorizes this transaction on behalf of the Agency. ENVIRONMENTAL IMPACT: No impact under the California Environmental Quality Act("CEQA"),pursuant to Section 15301. FISCAL IMPACT: Account Budgeted Amount: $500,000 Balance as of: April 28, 2010 1 Balance after approval of this item:$_ i RECOMMENDATION: i That the Mayor and Common Council and the Community Development Commission adopt the ' attached Resolutions. Emil A. MarkaHerlatelun Executive Director 1 i i PlAgroduTC Dev Co=iswn\ 20]MM3-10 Pm purc6 a3rdR WNmmsn Mdm COMMISSION MEETING AGENDA Meeting Date: 05//�03/2�J0.,10 Agenda Item Number: tl J I RESOLUTION NO. C 00py � 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO APPROVING THE SALE OF CITY PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF THIRD STREET, 4 WEST OF WATERMAN AVENUE TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") AND DIRECTING 5 AND AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE 6 AGREEMENT AND THE EXECUTION OF A GRANT DEED FOR THE SALE OF SAID PROPERTY (CENTRAL CITY EAST REDEVELOPMENT 7 PROJECT AREA) 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a 9 community redevelopment agency duly created, established and authorized to transact business and 10 exercise its powers, all under and pursuant to the California Community Redevelopment Law 11 ("CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing 12 13 at Section 33000 and is authorized to construct improvements located within the approved 14 redevelopment project areas in the City of San Bernardino ("City")in accordance with the CRL; and v 15 WHEREAS, the Project Area displays substantial and pervasive symptoms of blight and 16 cannot be remedied by private parties acting alone without community redevelopment assistance; 17 and 18 WHEREAS, the City, a municipal corporation, is the owner of the hereinafter described 19 parcels of real property, generally located on the north side of Third Street, west of Waterman 20 21 Avenue, in the City of San Bernardino, State of California, known as Assessor's Parcel Nos. 22 ("APN") 0135-191-13 and 0135-191-14 and more fully described in Exhibit "A" attached hereto 23 and made a part hereof-, and 24 WHEREAS,the Agency desires to acquire these parcels of land for future development; and 25 WHEREAS, the Mayor and Common Council of the City of San Bernardino ("Council") 26 believe it is in the best interest of the City that said portion of real property be sold to the Agency; 27 and 28 P Ugrndsf�AewlwbosLLtew�utiwS3010W5-03-10 PurtAaee d,,opm.e —3Nu W.—MCC R. 1 WHEREAS, the parcel known as APN: 0135-191-13 is encumbered by a lease to the State 2 of California National Guard for$1 per year which expires on April 30, 2062, and parcel known as 3 APN: 0135-191-14 is encumbered by a lease to the United States of America Army Reserve for$1 4 per year which expires May 14,2052; and 5 WHEREAS, due to the encumbrance of said leases on said parcels herein described, City 6 7 and Agency staff have determined the parcels to have nominal fair market value; and 8 WHEREAS, the City and the Agency have negotiated a sales price of five hundred thousand 9 dollars ($500,000) for both parcels herein described; and 10 WHEREAS, pursuant to Section 2.65.050 of the San Bernardino Municipal Code, City 11 owned property may be sold to another public agency without the need for competitive bid. 12 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 13 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 14 FOLLOWS: 15 Section 1. The information set forth in the above recitals of this Resolution is true and 16 correct. 17 Section 2. After having conducted a duly noticed public hearing, the Council deemed it 18 appropriate to approve this Resolution. The sale of that certain property generally located on the 19 north side of Third Street, west of Waterman Avenue, more fully described in the Sales and 20 Purchase Agreement("Agreement") attached hereto as Exhibit"B", to the Agency in the amount of 21 - Five Hundred Thousand Dollars ($500,000) is hereby approved. 22 Section 3. That the Mayor of the City of San Bernardino is hereby directed and authorized 23 to execute on behalf of said City,the Agreement, a copy of which is attached hereto as said Exhibit 24 "B", and approve a form of a Grant Deed in similar transactions for the sale of said City property as 25 described herein. 26 Section 4. Said Agreement shall be null and void if either party fails to execute the 27 Agreement within sixty(60) days of the date of adoption of this Resolution. 28 P\A,.&,A i.W .e iMUOIMS-03-10 Rvnlwe ofpmle on 3,0 W W"mmn MCC Rvo 7 1 Section 5. This Resolution shall take effect upon its adoption and execution in the manner © 2 as required by the City Charter. 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i i 23 r 24 j 25 26 I Q27 28 P:UgendasUtasohuionsNesolutioaa20I"5fi-lo Puraheu of prapenia on 3rd W Wa an MCC Rao I I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF CITY PROPERTY 2 GENERALLY LOCATED ON THE NORTH SIDE OF THIRD STREET, WEST OF WATERMAN AVENUE TO THE REDEVELOPMENT AGENCY 3 OF THE CITY OF SAN BERNARDINO ("AGENCY") AND DIRECTING 4 AND AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT AND THE EXECUTION OF A GRANT DEED FOR THE 5 SALE OF SAID PROPERTY (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA) 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a meeting thereof, 9 held on the day of 2010, by the following vote to wit: 10 Council Members: Aves Nays Abstain Absent 11 MARQUEZ — 12 DESJARDINS — 13 BRINKER SHORETT — 14 KELLEY 15 JOHNSON — 16 MCCAMMACK — 17 18 19 Rachel G. Clark, City Clerk 20 The foregoing Resolution is hereby approved this day of 2010. 21 22 Patrick J. Morris,Mayor 23 City of San Bernardino 24 Approved as to Form: 26 , 4- James F. Penman, City A omey 27 � o1;71 28 P.UgeMss wjWjmslewu t ns�01=A 3.10 PUC dpwpvtiee M 3M UW WYVman MCC Rmo 4 EXHIBIT "A" LEGAL DESCRIPTION PARCEL ONE: (APN: 0135-191-13) PARCEL 7 OF PARCEL MAP NO. 7140, AS PER PLAT RECORDED IN BOOK 69 OF PARCEL MAPS, PAGES 1 AND 2jN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA. PARCEL TWO: (APN: 0135-191-14) PARCEL 8 OF PARCEL MAP NO. 7140,AS PER PLAT RECORDED IN BOOK 69 OF PARCEL MAPS,PAGES 1 AND 2, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA, SUBJECT TO THE RESERVATION OF AN EASEMENT FOR STREET AND HIGHWAY PURPOSES AS DESCRIBED IN RESOLUTION NO. 91-2 OF THE CITY OF SAN BERNARDINO, RECORDED JANUARY 15, 1991 AS DOCUMENT NO. 91-016345, OFFICIAL RECORDS OF SAID COUNTY. CEXMIT `B" (� SALE AND PURCHASE AGREEMENT V THIS AGREEMENT, executed this 3rd day of May, 2010, by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and the "REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body, corporate and politic", ("BUYER")mutually agree as follows: 1. SELLER, upon payment from BUYER in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), shall deliver unto BUYER an executed Grant Deed for that certain real property generally located on the north side of Third Street, west of Waterman Avenue, in the City of San Bernardino, ("PROPERTY") being Assessor's Parcel Numbers (APN) 0135-191-13 and 14,more fully described in Exhibit"A" attached hereto and made a part hereof and depicted on a plat attached hereto as Exhibit"B", and made a part hereof. 2. BUYER shall deliver unto SELLER, funds in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) as payment in full for the purchase of said PROPERTY. 3. SELLER is selling said PROPERTY to BUYER and BUYER accepts from SELLER said PROPERTY in an "as-is" condition, including the existence of any liens, encumbrances, and easements on said PROPERTY including the leases set forth hereinafter. 4. BUYER hereby acknowledges and accepts that portion of the PROPERTY known as APN: © 0135-191-13 subject to an existing lease to the State of California, as set forth in the Lease Agreement between SELLER and said lessee, dated May 1, 1962, and any and all amendments thereto. BUYER further acknowledges receipt of all documents pertaining to said lease from the SELLER and SELLER hereby assigns, and BUYER hereby accepts all SELLER's rights,interest and obligations as Lessor as set forth in said Lease Agreement. 5. BUYER hereby acknowledges and accepts that portion of the PROPERTY known as APN: 0135-191-14 subject to an existing lease to the United Stated of America, as set forth in the Lease Agreement between the SELLER and said lessee dated May 9, 1952, and any and all amendments thereto. BUYER further acknowledges receipt of all documents pertaining to said lease from the SELLER and SELLER hereby assigns, and BUYER hereby accepts all SELLER's rights, interest and obligations as Lessor as set forth in said Lease Agreement. 6. BUYER shall pay all recording fees and title fees, including but not limited to title insurance. 7. No obligation other than those set forth herein will be recognized. 1 SALES AND PURCHASE AGREEMENT-CITY PROPERTY GENERALLY LOCATED ON THE NORTH SIDE THntD STREET,WEST OF WATERMAN AVENUE. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set forth above. BUYER: SELLER: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CITY OF SAN BERNARDINO BY: BY: EMIL MARZULLO, PATRICK J. MORRIS,Mayor Interim Executive Director Approved as to Form: ATTEST: i By: e ,�yc �✓ JAMES F.PENMAN, City Att�y RACHEL CLARK, City Clerk 2 EXHIBIT "A" LEGAL DESCRIPTION PARCEL ONE: (APN: 0135-191-13) PARCEL 7 OF PARCEL MAP NO. 7140, AS PER PLAT RECORDED IN BOOK 69 OF PARCEL MAPS, PAGES 1 AND 2,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA. PARCEL TWO: (APN: 0135-191-14) PARCEL 8 OF PARCEL MAP NO. 7140,AS PER PLAT RECORDED IN BOOK 69 OF PARCEL MAPS, PAGES 1 AND 2, IN THE OFFICE OF THE COUNTY III RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA, SUBJECT TO THE RESERVATION OF AN EASEMENT FOR STREET AND HIGHWAY PURPOSES AS DESCRIBED IN RESOLUTION NO. 91-2 OF THE CITY OF SAN BERNARDINO, RECORDED JANUARY 15, 1991 AS DOCUMENT NO. 91-016345, OFFICIAL RECORDS OF SAID COUNTY. - - - 3nN]AV—NVMJ]iVM o -7 � Z o_ I pia N °dLLag I.SZ'L4I 00 Z I ` N U I O WS2W F- 1,1 Q NNNpC I � Sri pW« I a z m m ww I I aWa o C wo I , N5! 3 .n m 0K « I Up p or 0 x o w¢ u v W O � WQ K < CL l a < o2 W Q0 �— �w0 W W I p 0 H I w a (n N w N (6 Ln I � O > M `� 7S K a z QO " (6 I I a p V1 m I N IO N � Q o L'64Z Q i m v � I z cS6- � o w J W Oj N U m G ¢ w S W i � F+i o- " I a a a l x W N ` o w a W I � z a O Z o �SL�06� W - - =1S—N3-nb— g . I W U- :01 Ln U Q U SALE AND PURCHASE AGREEMENT THIS AGREEMENT, executed this 3rd day of May, 2010, by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and the "REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body, corporate and politic", ("BUYER") mutually agree as follows: 1. SELLER, upon payment from BUYER in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), shall deliver unto BUYER an executed Grant Deed for that certain real property generally located on the north side of Third Street, west of Waterman Avenue, in the City of San Bernardino, ("PROPERTY") being Assessor's Parcel Numbers (APN) 0135-191-13 and 14, more fully described in Exhibit"A" attached hereto and made a part hereof and depicted on a plat attached hereto as Exhibit`B", and made a part hereof. 2. BUYER shall deliver unto SELLER, funds in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)as payment in full for the purchase of said PROPERTY. 3. SELLER is selling said PROPERTY to BUYER and BUYER accepts from SELLER said PROPERTY in an "as-is" condition, including the existence of any liens, encumbrances, and easements on said PROPERTY including the leases set forth hereinafter. 4. BUYER hereby acknowledges and accepts that portion of the PROPERTY known as APN: 0135-191-13 subject to an existing lease to the State of California, as set forth in the Lease O Agreement between SELLER and said lessee, dated May 1, 1962, and any and all amendments thereto. BUYER further acknowledges receipt of all documents pertaining to said lease from the SELLER and SELLER hereby assigns, and BUYER hereby accepts all SELLER's rights,interest and obligations as Lessor as set forth in said Lease Agreement. 5. BUYER hereby acknowledges and accepts that portion of the PROPERTY known as APN: 0135-191-14 subject to an existing lease to the United Stated of America, as set forth in the Lease Agreement between the SELLER and said lessee dated May 9, 1952, and any and all amendments thereto. BUYER further acknowledges receipt of all documents pertaining to said lease from the SELLER and SELLER hereby assigns, and BUYER hereby accepts all SELLER`s rights,interest and obligations as Lessor as set forth in said Lease Agreement. 6. BUYER shall pay all recording fees and title fees, including but not limited to title insurance. 7. No obligation other than those set forth herein will be recognized. O 1 SALES AND PURCHASE AGREEMENT—CITY PROPERTY GENERALLY LOCATED ON THE NORTH SIDE THIRD STREET,WEST OF WATERMAN AVENUE. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set forth above. BUYER: SELLER: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CITY OF SAN BERNARDINO BY: BY: EMIL MARZULLO, PATRICK J. MORRIS,Mayor Interim Executive Director Approved as to Form: ATTEST: ® By: JAMES F. PENMAN, City Attome' RACHEL CLARK, City Clerk 2 EXMIT "A" LEGAL DESCRIPTION PARCEL ONE: (APN: 0135-191-13) PARCEL 7 OF PARCEL MAP NO. 7140,AS PER PLAT RECORDED IN BOOK 69 OF PARCEL MAPS, PAGES 1 AND 2,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA. PARCEL TWO: (APN: 0135-191-14) PARCEL 8 OF PARCEL MAP NO. 7140,AS PER PLAT RECORDED IN BOOK 69 OF PARCEL MAPS, PAGES 1 AND 2, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA, SUBJECT TO THE RESERVATION OF AN EASEMENT FOR STREET AND HIGHWAY PURPOSES AS DESCRIBED IN RESOLUTION NO. 91-2 OF THE CITY OF SAN BERNARDINO, RECORDED JANUARY 15, 1991 AS DOCUMENT NO. 91-016345, OFFICIAL RECORDS OF SAID COUNTY. 1 1 l ]a 1 t i d 4 1 i inN]AV—NVMJ1iVM -, � Z i o a = Z _ _ — __ _ T O� z 0 I W EL y � WQ < W Q 3 N I � I N yyp I.sz'ia oo Z I N xLL3�0 I W O I I zN O O� W OW W O 0 F; I IL ¢� ~N 0 �N I � 5� m m w C * I U 0 0 = U n U M �K r mI O � � i. l o N I(Y W W CL a � I w LO W 0 �_, J I ai¢ p0 W V)Li N Q C I Ow0 � t2 ° I I a N zQo a �0 I o I w O GL 6az --° �LQ I z I I U U CWZ o- o- LL o 0 a mI z �2 < W O 01 � Z U) y w dwW4 jx� Lo 00 -� I ;Lj ,GL 06L O 1 O F—I Z - - =1S-N37V--g - - - - I W LL 8, U Q U (^ SALE AND PURCHASE AGREEMENT THIS AGREEMENT, executed this P day of May, 2010, by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and the "REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body, corporate and politic", (`BUYER") mutually agree as follows: 1. SELLER, upon payment from BUYER in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), shall deliver unto BUYER an executed Grant Deed for that certain real property generally located on the north side of Third Street, west of Waterman Avenue, in the City of San Bernardino, ("PROPERTY") being Assessor's Parcel Numbers (APN) 0135-191-13 and 14,more fully described in Exhibit"A' attached hereto and made a part hereof and depicted on a plat attached hereto as Exhibit"B",and made a part hereof. 2. BUYER shall deliver unto SELLER, funds in the amount of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)as payment in full for the purchase of said PROPERTY. 3. SELLER is selling said PROPERTY to BUYER and BUYER accepts from SELLER said PROPERTY in an "as-is"condition, including the existence of any liens, encumbrances, and easements on said PROPERTY including the leases set forth hereinafter. 4. BUYER hereby acknowledges and accepts that portion of the PROPERTY known as APN: © 0135-191-13 subject to an existing lease to the State of California, as set forth in the Lease Agreement between SELLER and said lessee, dated May 1, 1962, and any and all amendments thereto. BUYER further acknowledges receipt of all documents pertaining to said lease from the SELLER and SELLER hereby assigns, and BUYER hereby accepts all j SELLEW s rights, interest and obligations as Lessor as set forth in said Lease Agreement. 5. BUYER hereby acknowledges and accepts that portion of the PROPERTY known as APN: 0135-191-14 subject to an existing lease to the United Stated of America, as set forth in the Lease Agreement between the SELLER and said lessee dated May 9, 1952, and any and all jamendments thereto. BUYER further acknowledges receipt of all documents pertaining to 1, said lease from the SELLER and SELLER hereby assigns, and BUYER hereby accepts all SELLER's rights, interest and obligations as Lessor as set forth in said Lease Agreement. 6. BUYER shall pay all recording fees and title fees, including but not limited to title insurance. i 7. No obligation other than those set forth herein will be recognized. i 1 1 { 1 1 SALES AND PURCHASE AGREEMENT-CITY PROPERTY GENERALLY LOCATED ON THE NORTH SIDE THIRD STREET,WEST OF WATERMAN AVENUE. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set forth above. BUYER: SELLER: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO CITY OF SAN BERNARDINO BY: BY: EMIL MARZULLO, PATRICK J.MORRIS, Mayor Interim Executive Director Approved as to Form: ATTEST: By: dx..� 6 S JAMES F.PENMAN,, Ci Attorney RACHEL CLARK, City Clerk 2 EXHIBIT "A" LEGAL DESCRIPTION PARCEL ONE: (APN: 0135-191-13) PARCEL 7 OF PARCEL MAP NO. 7140, AS PER PLAT RECORDED IN BOOK 69 OF PARCEL MAPS,PAGES 1 AND 2,IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA. PARCEL TWO: (APN: 0135-191-14) PARCEL 8 OF PARCEL MAP NO. 7140,AS PER PLAT RECORDED IN BOOK 69 OF PARCEL MAPS, PAGES 1 AND 2, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA, SUBJECT TO THE RESERVATION OF AN EASEMENT FOR STREET AND HIGHWAY j PURPOSES AS DESCRIBED IN RESOLUTION NO. 91-2 OF THE CITY OF SAN BERNARDINO, RECORDED JANUARY 15, 1991 AS DOCUMENT NO. 91-016345, OFFICIAL RECORDS OF SAID COUNTY. 3 i 1 C - - - inN]AV—NVAd3iVM o - --� I w = -- - -- - sz'Ia LLJ 0� w cn 00 ow I Up W O a. O =W LO K I o w¢ H °a I LLJ W L+1 a CL l d a o o I LNLJ <0 M Q ~w L.I. NW O J I y2 0OH I cn O = � ° a EL z M o I I aOZ¢ o � R 0- o pq x ,SL 6t, ' w Y z pwz { J m O j O 6 n m I W 0 N Q C w O N Q rV� 0 v �" a a oz I (D (D J w I C D cn Z �, I r�„ aoo ,SL06L - - =1 S-N 377-•T� W U REQUESTED BY AND WHEN RECORDED MAIL TO: Redevelopment Agency of the City of San Bernardino 201 N "E" St. Suite 301 San Bernardino, CA 92401 APN: 0134-191-13, 14 File No. 15.05-272 SPACE ABOVE FOR RECORDER'S USE GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN' BERNARDINO, a municipal corporation,hereby grants to the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body, corporate and politic,the real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT"A"AND MADE A PART HEREOF CITY OF SAN BERNARDINO By: Date: PATRICK J.MORRIS,Mayor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA ) )S.S. •.•.Ct)¢NTY OF ) before me, Notary Public, orially appeared .'.wbnproved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and aOninwledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity on behalf of which person(s)acted,executed the instrument. I certify under the PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature EXHIBIT "A" LEGAL DESCRIPTION PARCEL ONE: (APN: 0135-191-13) PARCEL 7 OF PARCEL MAP NO. 7140, AS PER PLAT RECORDED IN BOOK 69 OF PARCEL MAPS, PAGES I AND 2, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA. PARCEL TWO: . (APN: 0135-191-14) PARCEL 8 OF PARCEL MAP NO. 7140, AS PER PLAT RECORDED IN BOOK 69 OF PARCEL MAPS,PAGES 1 AND 2, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA, SUBJECT TO THE RESERVATION OF AN EASEMENT FOR STREET AND HIGHWAY PURPOSES AS DESCRIBED IN RESOLUTION NO. 91-2 OF THE CITY OF SAN BERNARDINO, RECORDED JANUARY 15, 1991 AS DOCUMENT NO. 91-016345, OFFICIAL RECORDS OF SAID COUNTY. COPY 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 3 THE CITY OF SAN BERNARDINO APPROVING THE PURCHASE OF CITY PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF 4 THIRD STREET, WEST OF WATERMAN AVENUE BY THE 5 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") AND DIRECTING AND AUTHORIZING THE INTERIM 6 EXECUTIVE DIRECTOR OF THE AGENCY TO EXECUTE A SALES AND PURCHASE AGREEMENT AND A GRANT DEED FOR THE PURCHASE 7 OF SAID PROPERTY (CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA) 8 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a 10 community redevelopment agency duly created, established and authorized to transact business and 11 exercise its powers, all under and pursuant to the California Community Redevelopment Law 12 ("CRL"), codified under Division 24, Part 1 of the California Health and Safety Code commencing 13 at Section 33000 and is authorized to construct improvements located within the approved Q 14 redevelopment project areas in the City of San Bernardino ("City") in accordance with the CRL; and 15 16 WHEREAS, the Project Area displays substantial and pervasive symptoms of blight and 17 cannot be remedied by private parties acting alone without community redevelopment assistance; 18 and . 19 WHEREAS, the City, a municipal corporation, is the owner of the hereinafter described 20 parcels of real property, generally located on the north side of Third Street, west of Waterman 21 Avenue, in the City of San Bernardino, State of California, known as Assessor's Parcel Nos. 22 ("APN") 0135-191-13 and 0135-191-14 and more fully described in Exhibit "A" attached hereto 23 24 and made a part hereof; and 25 WHEREAS,the Agency desires to acquire these parcels of land for future development; and 26 WHEREAS, the Community Development Commission of the City of San Bernardino 27 ("Commission") believe it is in the best interest of the City that said portion of real property be 28 sold to the Agency; and P:UgenduAesohuiansUtvwgrtiauVA1P05-03-10 Puehue ofpwpmia an 3N W W.--MCRew 1 C1 WHEREAS, the parcel known as APN: 0135-191-13 is encumbered by a lease to the State 2 of California National Guard for$1 per year which expires on April 30, 2062, and parcel known as 3 APN: 0135-191-14 is encumbered by a lease to the United States of America Army Reserve for $1 4 per year which expires May 14, 2052; and 5 6 WHEREAS, due to the encumbrance of said leases on said parcels herein described, City 7 and Agency staff have determined the parcels to have nominal fair market value; and 8 WHEREAS,the City and the Agency have negotiated a sales price of five hundred thousand 9 dollars ($500,000)for both parcels herein described; and 10 WHEREAS, pursuant to Section 2.65.050 of the San Bernardino Municipal Code, the City 11 owned property may be sold to another public agency without the need for competitive bid. 12 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 13 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS © 14 FOLLOWS: 15 Section 1. The information set forth in the above recitals of this Resolution is true and 16 correct. 17 18 Section 2. The purchase of that certain property generally located on the north side of Third 19 Street, west of Waterman Avenue, more fully described in the Sales and Purchase Agreement ("Agreement') attached hereto as Exhibit "B", by the Agency in the amount of Five Hundred 20 Thousand Dollars ($500,000) is hereby approved. 21 22 Section 3. The Interim Executive Director of the Agency is hereby directed and authorized 23 by the Commission to execute on behalf of said Agency, the Agreement, a copy of which attached hereto as said Exhibit "B", and approve a form of a Grant Deed in similar transactions for the 24 purchase of said City property as described herein. 25 26 Section 4. Said Agreement shall be null and void if either party fails to execute the ® 27 Agreement within sixty(60)days of the date of adoption of this Resolution. Section 5. This Resolution shall take effect from and after its date of adoption by this 28 Commission. P:UpnbasLL ohums%ewbtions�01M -IOftrt ofpeopmes on 3rand Waom MC Rao I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE PURCHASE OF 2 CITY PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF 3 THIRD STREET, WEST OF WATERMAN AVENUE BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 4 ("AGENCY") AND DIRECTING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE AGENCY TO EXECUTE A SALES AND 5 PURCHASE AGREEMENT AND A GRANT DEED FOR THE PURCHASE OF SAID PROPERTY (CENTRAL CITY EAST REDEVELOPMENT 6 PROJECT AREA). 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a meeting i 9 thereof,held on the day of , 2010,by the following vote to wit: 10 Commission Members: Ayes Nays Abstain Absent 11 MARQUEZ — 12 DESJARDINS — 13 BRINKER _ Q14 SHORETT 15 KELLEY 16 JOHNSON — 17 MC CAMMACK — 18 19 Secretary 20 The foregoing Resolution is hereby approved this day of 12010. 21 22 23 Patrick J. Morris, Chairperson Community Development Commission 24 of the City of San Bernardino 25 Approved as to Form: 26 © 27 By: Agency o sel 28 P'.UgeMU ooltuionsU wloum=I M0 3-10ftomu of Prop ier on 3N uW W.—o CDC Rew