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HomeMy WebLinkAbout2013-222 1 RESOLUTION NO. 2013-222 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 5 AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF COMPLETION PURSUANT TO THAT CERTAIN JUNE 2, 2003 DISPOSITION AND 6 DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND 7 J. R. WATSON & ASSOCIATES DEVELOPMENT CORP., AS AMENDED, RELATED TO THE UNIVERSITY PARK MASTER-PLANNED 8 COMMUNITY AND CERTAIN RELATED ACTIONS 9 WHEREAS, the Redevelopment Agency of the City of San Bernardino was dissolved 10 February 1, 2012; and 11 WHEREAS, the Successor Agency to the Redevelopment Agency of the City of San 12 Bernardino (the "Successor Agency") has been established pursuant to the California Health and 13 Safety Code to wind-down the affairs of the dissolved redevelopment agency; and 14 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "RDA") and J. 15 R. Watson & Associates Development Corp. (the "Developer") entered into that certain June 2, 16 2003 Disposition and Development Agreement, as amended on January 20, 2004, October 17, 2005 17 and January 10, 2011 (collectively, the "DDA"); and 18 WHEREAS, the responsibilities of the RDA with respect to the DDA were assumed by the 19 Successor Agency on February 1, 2012; and 20 WHEREAS, the purpose of the DDA was to provide for the site disposition and ultimate 21 development of certain residential and commercial developments within an approximately 130-acre 22 site consisting of the master planned community of "University Park", which is located at the 23 northwest corner of University Parkway and North Park Avenue, across the street from the campus 24 of California State University, San Bernardino (the"Site"); and 25 WHEREAS, pursuant to the DDA, the Developer was responsible for developing at 26 University Park at least 155 single-family residential units and certain parks, trails and natural areas, 27 inclusive of other improvements that are appurtenant thereto and as required by the applicable City 28 of San Bernardino land use and building controls (the "Minimum Required Improvements"); and 1 1 2013-222 1 WHEREAS, consistent with the DDA and pursuant to the applicable City of San 2 Bernardino land use and building controls, the Developer has completed the Minimum Required 3 Improvements and has nearly completed the final phases of University Park, which are in addition 4 to the Minimum Required Improvements; and 5 WHEREAS, the City of San Bernardino's land use and building controls are sufficient to 6 ensure that the final phases of University Park, which are in addition to the Minimum Required 7 Improvements, are completed in a form consistent with the City's standards applicable thereto; and 8 WHEREAS, since the Developer has completed the Minimum Required Improvements, it is 9 no longer necessary for the Successor Agency to monitor the Developer's efforts to complete final 10 phases of University Park, which are in addition to the Minimum Required Improvements; and 11 WHEREAS, consistent with the foregoing, the Developer has requested that the Successor 12 Agency issue a Certificate of Completion confirming that it has developed the Minimum Required 13 Improvements, in a form consistent with the Certificate of Completion attached to this Resolution as 14 Exhibit"A"; and 15 WHEREAS, issuance of a Certificate of Completion will be declarative that the Developer 16 has completed the Minimum Required Improvements; however, it will not affect the covenants 17 affecting the Site that run with the land, which are: i) non-discrimination and non-segregation (in 18 perpetuity); and ii) property maintenance, not including any property included within a Landscape 19 Maintenance Assessment District (effectively for the term of the State College Redevelopment 20 Plan); and 21 WHEREAS, the issuance of a Certificate of Completion will relieve the Successor Agency 22 of any future obligations with respect to monitoring the DDA, inclusive of any associated financial 23 expenses related thereto. 24 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have 25 been met. 26 NOW,THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED 27 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 28 ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF 2 I 2013-222 1 THE CITY OF SAN BERNARDINO,AS FOLLOWS: 2 Section 1. The foregoing recitals are true and correct and are a substantive part of this 3 Resolution. 4 Section 2. The issuance of a Certificate of Completion confirming that the Developer has developed the Minimum Required Improvements, in a form consistent with the Certificate of 5 Completion attached to this Resolution as Exhibit"A", is approved. 6 Section 3. The Executive Director of the Successor Agency is authorized to execute the 7 Certificate of Completion on behalf of the Successor Agency and to take any related actions 8 necessary to accomplish the purpose of this Resolution. 9 Section 4. This Resolution shall take effect upon its adoption and execution in the 10 manner as required by the City Charter. /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 3 2013-222 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 3 AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF COMPLETION PURSUANT TO THAT CERTAIN JUNE 2, 2003 DISPOSITION AND 4 DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND 5 J. R. WATSON & ASSOCIATES DEVELOPMENT CORP., AS AMENDED, RELATED TO THE UNIVERSITY PARK MASTER-PLANNED 6 COMMUNITY AND CERTAIN RELATED ACTIONS 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino, acting as the Successor Agency to the 9 Redevelopment Agency of the City of San Bernardino,at a n r rP u i a r meeting thereof, 10 held on the 15th day of July , 2013, by the following vote,to wit: 11 Council Members: Ayes Nays Abstain Absent 12 MARQUEZ x 13 JENKINS x 14 VALDIVIA x 15 SHORETT x 16 KELLEY ___ 17 JOHNSON x 18 MC CAMMACK x 19 20 Clerk George Hanna, y 21 City of San Bernardino 22 23 The foregoing Resolution is hereby approved this 1- day of July , 2013. 24 *411■a. 25 'atric; . Morris, a, • •f San Bernardino 26 Approved as to Form: 27 28 By: 7C% James F. Penman, City Attorney 4 2013-222 EXHIBIT "A" CERTIFICATE OF COMPLETION RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: Successor Agency to the Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, California 92401 Attn: Mr. Mike Trout, Project Manager (Space Above Line for Recorder's Use) This Certificate is recorded at the request and for the benefit of the Successor Agency to the Redevelopment Agency of the City of San Bernardino and is exempt from the payment of a recording fee pursuant to Government Code Section 27383. CERTIFICATE OF COMPLETION WHEREAS, the Redevelopment Agency of the City of San Bernardino was dissolved February 1, 2012; and WHEREAS, the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency") has been established pursuant to the California Health and Safety Code to wind-down the affairs of the dissolved redevelopment agency; and WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "RDA") and J. R. Watson & Associates Development Corp. (the "Developer") entered into that certain June 2, 2003 Disposition and Development Agreement, as amended on January 20, 2004, October 17, 2005 and January 10, 2011 (collectively, the "DDA"); and WHEREAS, the responsibilities of the RDA with respect to the DDA were assumed by the Successor Agency on February 1, 2012; and WHEREAS, the purpose of the DDA was to provide for the site disposition and ultimate development of certain residential and commercial developments within an approximately 130-acre site consisting of the master planned community of "University Park", which is located at the northwest corner of University Parkway and North Park Avenue, across the street from the campus of California State University, San -1- 2013-222 Bernardino, as legally described on Attachment No. 1 to this Certificate of Completion (the "Site"); and WHEREAS, pursuant to the DDA, the Developer was responsible for developing at University Park at least 155 single-family residential units and certain parks, trails and natural areas, inclusive of other improvements that are appurtenant thereto and as required by the applicable City of San Bernardino land use and building controls (the "Minimum Required Improvements"); and WHEREAS, consistent with the foregoing, the Developer has requested that the Successor Agency issue a Certificate of Completion confirming that it has developed the Minimum Required Improvements; and WHEREAS, issuance of this Certificate of Completion will be declarative that the Developer has completed the Minimum Required Improvements; however, it will not affect the covenants affecting the Site that run with the land, which are: i) Section 4.02 concerning property maintenance, not including any property included within a Landscape Maintenance Assessment District, which shall be in effect for the term of the State College Redevelopment Plan; and ii) Section 4.03 concerning non-discrimination and non-segregation, which shall be in effect in perpetuity; and WHEREAS, all of the prerequisites with respect to the approval of this Certificate of Completions have been met. NOW, THEREFORE: 1. As provided for in Section 3.07 of the DDA, the Successor Agency does hereby certify that Developer has completed the Minimum Required Improvements in compliance with said DDA. 2. This Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance construction work on the Site, or any part thereof. Nothing contained herein shall modify in any way any other provision of said DDA. 3. This Certificate of Completion shall not constitute evidence of Developer's compliance with those covenants in the DDA that survive the issuance of this Certificate, specifically: i) Section 4.02 concerning property maintenance, not including any property included within a Landscape Maintenance Assessment District, which shall be in effect for the term of the State College Redevelopment Plan; and ii) Section 4.03 concerning non-discrimination and non-segregation, which shall be in effect in perpetuity. 4. This Certificate of Completion is not a Notice of Completion as referred to in California Civil Code Section 3093. -2- 2013-222 IN WITNESS WHEREOF, Agency has executed this Certificate as of this day of SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCYOF THE CITY OF SAN BERNARDINO By: Allen J. Parker, Executive Director -3- 2013-222 ATTACHMENT No. "1" Legal Description of the Site [See Following Pages] -4- 2013-222 State of California } ss County of San Bernardino } On before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under 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. (This area for official notarial seal) -5- 2013-222 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 201 North"E" Street Suite 301 San Bernardino, California 92401 (Space Above Line for Use By Recorder) 2003 DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND J.R. WATSON & ASSOCIATES DEVELOPMENT CO. SB2003:2151.1 2013-222 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the dates set forth below. AGENCY Redevelopment Agency of the City of San Bernardino Date: By: Judith Valles Chair of the Community Development Commission Date: By: Gary Van Osdel Executive Director APP/ tVEDAS O/Fr 1,!r .d*4 & r I Ag- cy Counsel DEVELOPER J.R. Watson & Associates Development Co. a California corporation By: Its [ALL SIGNATURES MUST BE NOTARIZED] 46 SB2003.2151.1 2013-222 Section 3.06. Right of the Agency to Satisfy Other Liens on the Property after Conveyance of Title . After the conveyance of title to the Property by the Agency to the Developer and after the Developer has had a reasonable time to challenge, cure or satisfy any unauthorized liens or encumbrances on the Property, the Agency shall after one hundred twenty (120) calendar days prior written notice to the Developer have the right to satisfy any such liens or encumbrances;provided, however,that nothing in this Agreement shall require the Developer to pay or make provisions for the payment of any tax, assessment, lien or charge so long as the Developer in good faith shall contest the validity or amount thereof, and so long as such delay in payment shall not subject the Property,or any portion thereof, to forfeiture or sale. Section 3.07. Certificate of Completion. (a) Following the written request therefor by the Developer and the completion of construction of each phase of the Project, excluding any normal and minor building"punch-list"items to be completed by the Developer, the Agency shall furnish the Developer with a Certificate of Completion for the Property in the form set forth in Exhibit"G". (b) The Agency shall not unreasonably withhold the issuance of a Certificate of Completion. A Certificate of Completion shall be, and shall so state,that it is a conclusive determination of satisfactory completion of construction of the applicable phase of the Project. After the recordation of the Certificate of Completion, any party then owning or thereafter purchasing, leasing or otherwise acquiring any interest in the Property shall not(because of such ownership,purchase, lease or acquisition) incur any obligation or liability under this Agreement, except that such party shall be bound by any covenants contained in the grant deed or other instrument of transfer which grant deed or other instrument of transfer shall include the provisions of Section 4.01 through 4.04, inclusive, of this Agreement. (c) Any Certificate of Completion shall be in such form as to permit it to be recorded in the Recorder's Office of the County where the Property is located. (d) If the Agency refuses or fails to furnish a Certificate of Completion after written request from the Developer, the Agency shall,within fifteen (15) calendar days of the written request or within three(3) calendar days after the next regular meeting of the Agency, whichever date occurs later, provide to the Developer a written statement setting forth the reasons with respect to the Agency's refusal or failure to furnish a Certificate of Completion. The statement shall also contain the Agency's opinion of the action the Developer must take to obtain a Certificate of Completion. If the reason for such refusal is confined to the immediate unavailability of specific items or materials for construction or landscaping at a price reasonably acceptable to the Developer or other minor building"punch-list" items, the Agency may issue its Certificate of Completion upon the posting of a bond or irrevocable letter of credit, reasonably approved as to form and substance by the Agency Counsel and obtained by the Developer in an amount representing a fair value of the work not yet completed as reasonably determined by the Agency. If the Agency shall have failed to provide such written statement within the foregoing period, the Developer shall be deemed conclusively and without further action of the Agency to 33 SB2003:2151.1 2013-222 have satisfied the requirements of this Agreement with respect to the Property as if a Certificate of Completion had been issued therefor. (e) A Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage, or any insurer of a mortgage securing money loaned to finance the improvements described herein, or any part thereof. A Certificate of Completion shall not be deemed to constitute a notice of completion as referred to in Section 3093 of the California Civil Code, nor shall it act to terminate the continuing covenants or conditions subsequent contained in the Agency Grant Deed attached hereto as Exhibit"F". ARTICLE IV USE OF THE SITE Section 4.01. Uses . (a) The Developer covenants and agrees for itself, its successors, and assigns that upon completion of development of the Project, there shall exist on the Property a residential neighborhood consisting of single family detached homes and approximately twenty(20) acres of community park with playground,walking trails, green areas, landscaping and naturally left land. The covenant of this Section 4.01(a) shall run with the land for the terms as set forth in the Agency Grant Deed. (b) The Developer further covenants and agrees for itself, its successors and assigns that the Property shall be improved and developed in accordance with the Scope of Development and the Required Building Standards. Developer covenants to develop the Property in conformity with all applicable laws. The covenants of this Section 4.01(b) shall also run with the land until the earlier date on which the Certificate of Completion is recorded or the fifth (5th)anniversary date of recordation of the Agency Grant Deed. (c) Excluding California State University at San Bernardino( any affiliated entity) and any Home Owners Association or other association set up to administer common areas,park or lands dedicated to public use, it is understood and agreed by the Developer that neither the Developer, nor its assigns or successors shall use or otherwise sell, transfer, convey, assign, lease, leaseback or hypothecate the Property or any portion thereof to any entity or party, or for any use of the Property, that is partially or wholly exempt from the payment of real property taxes pertinent to the Property, or any portion thereof, or which would cause the exemption of the payment of all or any portion of such real property taxes. The covenant of this Section 4.01(c) shall run with the land for the term as set forth in the Agency Grant Deed. Section 4.02. Maintenance of the Property . The Developer covenants and agrees for itself, its successors, and assigns to maintain the Property in a good condition free from any accumulation of debris or waste material, subject to normal construction job-site conditions, and shall maintain in a neat, orderly,healthy and good condition the landscaping required to be planted in accordance with the Scope of Development. In the event the 34 SB2003:2151.1 d , • 2013-222 EXHIBIT "H" FORM OF CERTIFICATE OF COMPLETION We, , the Executive Director and the Assistant Secretary of the Redevelopment Agency of the City of San Bernardino (the "Agency") hereby certify as follows: By its Resolution No. , adopted and approved , 200, the Agency has resolved as follows: Section 1. The improvements required to be constructed in accordance with that certain Disposition and Development Agreement(the"Agreement") dated , by and between the Agency and Jr. Watson& Associates Development Co., a California corporation or its Approved Assignee as defined in the Agreement(the"Developer") on that certain real property more fully described in Exhibit "A"attached hereto and incorporated herein by this reference (the"Property"),have been completed in accordance with the provisions of said Agreement. Section 2. This Certificate of Completion shall constitute a conclusive determination of satisfaction of the agreements and covenants contained in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct and develop the improvements on the Property, excluding any normal and customary tenant improvements and minor building "punch-list" items, and including any and all buildings and any and all parking, landscaping and related improvements necessary to support or which meet the requirements applicable to the buildings and their use and occupancy on the Property, all as described in the Agreement, and to otherwise comply with the Developer's obligations under the Agreement with respect to the Property and the dates for the beginning and completion of construction of improvements thereon under the Agreement; provided, however, that the Agency may enforce any covenant surviving this Certificate of Completion in accordance with the terms and conditions of the Agreement and the grant deed pursuant to which the property containing the Property was conveyed under the Agreement. Said Agreement is an official record of the Agency and a copy of said Agreement may be inspected in the office of the Secretary of the Redevelopment Agency of the City of San Bernardino located at 201 North "E" Street, Suite 301, San Bernardino, California, during regular business hours. DATED AND ISSUED this_day of , 200_. Executive Director ATTEST: Assistant Secretary Exh. "H" - 1 S82003:2151.1