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RESOLUTION (ID#2769) DOC ID: 2769 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Land Acquisition
From: Tony Frossard M/CC Meeting Date: 12/16/2013
Prepared by: Ryan Sandoval, (909) 384-5140
Dept: Public Works Ward(s): I
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Amending
Resolution No. 2013-299, Section 3, Entitled in Part "Resolution...authorizing the Mayor to
Execute an Agreement Relative to the Purchase of Tax-Defaulted Property from the County of
San Bernardino Tax Collector, to be Designated for Water Department Use, Located on 974
Home Avenue, Known as Assessors Parcel Number 0144-221-27-0000, in the City of San
Bernardino. (#2769)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
10/21/2013 Resolution No. 2013-299 was adopted, authorizing the Mayor to execute an
agreement relative to the purchase of tax-defaulted property from the County of San
Bernardino Tax Collector, to be designated for Water Department use, located on
974 Home Avenue, known as Assessor's Parcel Number 0144-221-27-0000.
Background:
Resolution No. 2013-299 was adopted on October 21, 2013, authorizing the Mayor to execute an
agreement relative to the purchase of tax-defaulted property from the County of San Bernardino
Tax Collector, to be designated for Water Department use, located on 974 Home Avenue.
Section 3 of the Resolution is standard language that rescinds the authorization to execute the
agreement if not executed within 90 days of the adopted resolution.
After sending the executed agreements and resolution to the County to process through their
Board, it was indicated to staff that their rocess and that of the State Controller P e would take
longer than the 90 days indicated in the Resolution. They estimate the process to take roughly 8
months to complete. The attached resolution amends Section 3 of Resolution No. 2013-299 to
allow for the 8-month timeframe.
City Attorney Review:
Supporting Documents:
reso 2769 (PDF)
Attachment 1 -Reso. No. 2013-299 (PDF)
Staff Report Final Mini-Packet 2013-10-21 (PDF)
Updated: 12/11/2013 by Georgeann"Gigi"Hanna B Picket P 19
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING RESOLUTION NO. 2013-299, SECTION 3,
3 ENTITLED IN PART "RESOLUTION...AUTHORIZING THE MAYOR TO
4 EXECUTE AN AGREEMENT RELATIVE TO THE PURCHASE OF TAX-
DEFAULTED PROPERTY FROM THE COUNTY OF SAN BERNARDINO TAX
5 COLLECTOR, TO BE DESIGNATED FOR WATER DEPARTMENT USE,
LOCATED ON 974 HOME AVENUE, KNOWN AS ASSESSOR'S PARCEL NUMBER
6 0144-221-27-0000,IN THE CITY OF SAN BERNARDINO."
7 N
WHEREAS, Resolution No. 2013-299 was adopted on October 21, 2013, authorizing
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the Mayor to execute an agreement relative to the purchase of tax-defaulted property from the N
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County of San Bernardino Tax Collector, to be designated for Water Department use, located o
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on 974 Home Avenue, known as Assessor's Parcel Number 0144-221-27-0000, in the City of
12 San Bernardino, a copy of which is attached and incorporated herein as Attachment"I"; and
13 WHEREAS, the County of San Bernardino and State Controller's Office have
14 E
indicated after the adoption of Resolution No. 2013-299 that their processing time for the a
15
agreement for tax-defaulted property will take approximately eight (8)months to complete. L
16
17 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE to
CITY OF SAN BERNARDINO AS FOLLOWS: N
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SECTION 1. That Resolution No. 2013-299, SECTION 3, is hereby amended to read
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20 as follows; a
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21 "SECTION 3. The authorization to execute the above-referenced Agreement E
22 is rescinded if the parties fail to execute the Agreement within eight(8)months a
23 of the date of adoption of this Resolution."
24
25 All other portions of Resolution No. 2013-299 shall remain in true form and effect.
26
27
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Packet Pg 320
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO AMENDING RESOLUTION NO. 2013-299, SECTION 3, ENTITLED IN PART
"RESOLUTION...AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT RELATIVE TO
2 THE PURCHASE OF TAX-DEFAULTED PROPERTY FROM THE COUNTY OF SAN BERNARDINO
TAX COLLECTOR, TO BE DESIGNATED FOR WATER DEPARTMENT USE, LOCATED ON 974
3 HOME AVENUE,KNOWN AS ASSESSOR'S PARCEL NUMBER 0144-221-27-0000,IN THE CITY OF
4 SAN BERNARDINO."
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a meeting
7 thereof,held on the day of N
,2013, by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT N
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19 Georgeann Hanna, City Clerk N
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20 The foregoing resolution is hereby approved this day of 2013. c
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Patrick J. Morris, Mayor a 24 Approved as to Form: City of San Bernardino
GARY D. SAENZ,
25 City Attorney
26
27 By' ,
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ATTACHMEN
RESOLUTION NO. 2013-299
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
3 AGREEMENT RELATIVE TO THE PURCHASE OF TAX-DEFAULTED a
4 PROPERTY FROM THE COUNTY OF SAN BERNARDINO TAX COLLECTOR,TO M
BE DESIGNATED FOR WATER DEPARTMENT USE, LOCATED AT 974 HOME N
5 AVENUE, KNOWN AS ASSESSORS PARCEL NUMBER 0144-221-27-0000, IN THE z6
CITY OF SAN BERNARDINO. c
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WHEREAS, the City of San Bernardino Municipal Water Department (Water o
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Department) is the operator of the Muscoy Operation Unit (Muscoy OU) of the Newmark
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9 Groundwater Contamination Superfund site; and E
10 WHEREAS, EPA Well No. 109 is an integral part of the Muscoy OU operation
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11 related to groundwater contamination cleanup; and Cn
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WHEREAS,the Water Department would like to install a shallow well adjacent to the
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existing EPA Well No. 109 site, in an effort to improve contaminant capture performance in
15 the shallow aquifer of the Muscoy OU; and o_
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16 WHEREAS, the Water Department would like to purchase tax-defaulted property W
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17 adjacent to existing EPA Well No. 109 site, located at 974 Home Avenue, in the City of San M
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Bernardino, also known as Assessor's Parcel No. 0144-221-27-0000, as it is necessary for
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20 access and operation of a future shallow well to be titled EPA Well 109S; and
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21 WHEREAS, the Board of Supervisors of San Bernardino County (County) have
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22 prepared an Agreement to Purchase Tax-Defaulted Property (Agreement) pursuant to Division E
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23 1, Part 6, Chapter 8 of the Revenue and Taxation Code, a copy of which is attached hereto as a
24
Exhibit "1", for the sale of said tax-defaulted property to the City of San Bernardino, to be
25
designated for Water Department use; and t°
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27 WHEREAS, the Board of Water Commissioners of the City of San Bernardino
0 28 adopted Resolution No. 837 authorizing the purchase of said tax-defaulted property.
Packet Pg. 322
2013-299 5.R.b
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
1 CITY OF SAN BERNARDINO AS FOLLOWS:
2
SECTION 1. The Mayor is hereby authorized to execute the Agreement with the
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4 County to purchase the above-described tax-defaulted property, stating the City's agreement M
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to the purchase price of the property described therein from the County of San Bernardino, a c
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6 copy of which is attached and incorporated herein as Exhibit"l." °
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7 SECTION 2. Said tax-defaulted property shall be designated for Water Department
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use. c
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SECTION 3. The authorization to execute the above-referenced Agreement is a
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11 rescinded if the parties fail to execute the Agreement within ninety (90) days of the date of a
12 adoption of this Resolution.
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2013-299
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN
2 AGREEMENT RELATIVE TO THE PURCHASE OF TAX-DEFAULTED
PROPERTY FROM THE COUNTY OF SAN BERNARDINO TAX COLLECTOR, TO
3 BE DESIGNATED FOR WATER DEPARTMENT USE, LOCATED AT 974 HOME N
AVENUE, KNOWN AS ASSESSORS PARCEL NUMBER 0144-221-27-0000, IN THE M
4 CITY OF SAN BERNARDINO. N
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor z
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and Common Council of the City of San Bernardino at a joint regular meeting c
8 thereof,held on the 21 stday of October , 2013,by the following vote,to wit: o
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ x E
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George An Hanna, ity Clerk 6
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21 The foregoing resolution is hereby approved this day of October , 2013.
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23 tric J. Morris, Mayor
24 City of San Bernardino a
Approved as to form:
25 JAMES F. PENMAN, .�
26 City Attorney
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By: 2
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2013-299
AGREEM ENT T O PURCHASE TAX-DEFAULTED PROPERTY
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This agreement is made this 21st� day of October by and between the Board of
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Supervisors of San Bernardino County, State of California, and the City of San Bernardino ("PURCHASER"), N
pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code. 6
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The real property situated within said county, hereinafter set forth and described in Exhibit "A", is tax-defaulted
and is subject to the power of sale by the tax collector of said county for the nonpayment of taxes, pursuant to m
provisions of law.
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It is mutually agreed as follows:
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1. That, as provided by Revenue and Taxation Code§3800, the cost of giving notice of this agreement shall -Ea
be paid by the PURCHASER, and C
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2. That the PURCHASER agrees to pay the sum of$ 12,400 for the real property described in Exhibit"A" Q
within 15 days after the date this agreement becomes effective. Upon payment of said sum to the tax
collector, the tax collector shall execute and deliver a deed conveying title to said property to a
PURCHASER.
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3. The property sold pursuant to this agreement is offered and sold as is. The State, the County, and each ti
employee of those entities acting in the employee's official capacity in preparing, conducting, and selling ='
property under this agreement, are not liable for any known or unknown conditions of the property, r
including, but not limited to, errors in the Assessor's records pertaining to improvement of the property. c
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4. That the PURCHASER agrees to use the parcel(s)for public purpose under the following intent:
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Municipal Water Supply for the City'of San Bernardino. (For Water Department Use)
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5. That, if said purchaser is a taxing agency as defined in the Revenue and Taxation Code§121 or any o
other agency that receives its revenue share under the provision of Division 1. Part 8, Chapter 3 of the N
Revenue and Taxation Code, it will not share in the distribution of the payment required by the Agreement Z
as defined by§3791 and §3720 of the Revenue and Taxation Code. o
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If all or any portion of any individual parcel described in this agreement is redeemed prior to the effective date of W
this agreement, this agreement shall be null and void as to that individual parcel. '
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o s and conditions of this agreement and are duly authorized to sign for
The undersigned hereby agree t the term g Y 9
said agencies.
This document is being executed in counterpart each of which constitutes an original
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CITY OF SAN BERNARDINO By: o
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ATTEST: SIGNED AND CERTIFIED THAT BOARD OF SUPERVISORS 0
A COPY OF THIS DOCUMENT HAS BEEN
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Pursuant to the provisions of Revenue and Taxation Code §3775, the governing body of the City of San c
Bernardino, hereby agrees to the selling price as provided in this agreement. N
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ATTEST: CITY OF SAN BERNARDINO C
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Pursuant to the provisions of Revenue and Taxation Code §3795, the Controller approves the foregoing c
agreement this day of
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JOHN CHIANG, CALIFORNIA STATE CONTROLLER
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By:
LINDA YAMANAKA, BUREAU CHIEF
Local Government Policy and Reporting
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2013-299
EXHIBIT A
City of San Bernardino Municipal Water Department
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0144-221-27-0000 $ 12,400.00
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Total: $ 12,400.00 z
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LEGAL DESCRIPTION
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THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF E
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CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
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LOT 20, BLOCK"A", CENTRAL HOME TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN N
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BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 25, PAGE 4 OF MAPS, IN
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This is to notify you of the our obligations relating to the American Recover and Reinvestment Act of 2009,
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pursuant to the Contract---with San Bernardino County effective , 2013.
AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING(ARRA)
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Use of ARRA Funds and Requirements
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This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment c
Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery Z
funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both c
as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods(as defined in 2 CFR 176.140)
used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) N
Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable
quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United
States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic o
preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement.
Request for a waiver must be made to the County for an appropriate determination. E
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Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on
projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to E
ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality Cn
as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31). This is referred 1�
to as the"wage rate"requirement. a
The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements.
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Contractor must contact the County contact if it has any questions regarding the applicability or implementation of N
the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed
information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to
employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be c
required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or y
documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and d
may result in the withholding of payments and termination of this Contract.
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Contractor may also be required to register in the Central Contractor Registration (CCR) database at N
http://www.ecr.gov and may be required to have its subcontractors also register in the same database. Contractor
must contact the County with any questions regarding registration requirements. N
Schedule of Expenditure of Federal Awards z
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In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and 44)
reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the
expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards
(SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-
133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and m
SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, .Ec
and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award cva
number consistent with the recipient reports required by ARRA Section 1512 (c). Q
In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-
contract and at the time of disbursement of funds, the Federal award number, any special CFDA number
assigned for ARRA purposes, and amount of ARRA funds. E
Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill f°
any reporting requirements under ARRA described in this section. The information may be required as frequently <
as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested
by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the
withholding of payments and termination of this Contract.
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2013-299 ;
and Reinvestment Act ARRA Funding requirements
I do hereby acknowledge receipt of the American Recovery ( ) 9
that became effective August 12, 2009, and understand and agree to the contractual obligations stipulated herein
for contracts with San Bernardino County.
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Patrick J. Morris N
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2013-299
AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY
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This agreement is made this 21st day of October by and between the Board of M
Supervisors of San Bernardino County, State of California, and the City of San Bernardino ("PURCHASER"), N
pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code. c
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The real property situated within said county, hereinafter set forth and described in Exhibit "A", is tax-defaulted o
and is subject to the power of sale by the'tax collector of said county for the nonpayment of taxes, pursuant to
provisions of law.
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It is mutually agreed as follows:
1. That,as provided by Revenue and Taxation Code§3800, the cost of giving notice of this agreement shall
be paid by the PURCHASER,and E
2. That the PURCHASER agrees to pay the sum of$ 12,400 for the real property described in Exhibit"A" N
within '15 days after the date this agreement becomes effective. Upon payment of said sum to the tax
collector, the tax collector shall execute and deliver a deed conveying title to said property to a
PURCHASER.
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t 3. The property sold pursuant to this agreement is offered and sold as is. The State, the County, and each
employee of those entities acting in the employee's official capacity in preparing, conducting, and selling
property under this agreement, are not liable for any known or unknown conditions of the property,
including, but not limited to, errors in the Assessor's records pertaining to improvement of the property. c
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4. That the PURCHASER agrees to use the parcel(s)for public purpose under the following intent:
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Municipal Water Supply for the City'of San Bernardino. (For Water Department Use) �
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5. That, if said purchaser is a taxing agency as defined in the Revenue and Taxation Code§121 or any N
other agency that receives its revenue share under the provision of Division 1. Part 8, Chapter 3 of the c
Revenue and Taxation Code, it will not share in the distribution of the payment required by the Agreement z
as defined by§3791 and§3720 of the Revenue and Taxation Code. H
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If all or any portion of any individual parcel described in this agreement is redeemed prior to the effective date of
this agreement, this agreement shall be null and void as to that individual parcel r-
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The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for
said agencies.
This document is being executed in counterpart each of which constitutes an original
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CITY OF SAN BERNARDINO c
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ATTEST: SIGNED AND CERTIFIED THAT BOARD OF SUPERVISORS
A COPY OF THIS DOCUMENT HAS BEEN aCi
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Laura H.Welch By U)
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Pursuant to the provisions of Revenue and Taxation Code §3775, the governing body of the City of San c
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ATTEST: CITY OF SAN BERNARDINO N
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Pursuant to the provisions of Revenue and Taxation Code §3795, the Controller approves the foregoing m
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JOHN CHIANG, CALIFORNIA STATE CONTROLLER a
By:
LINDA YAMANAKA, BUREAU CHIEF
Local Govemment Policy and Reporting
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2013-299
EXHIBIT A
City of San Bernardino Municipal Water Department
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0144-221-27-0000 $ 12;400.00 0
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Total: $ 12,400.00 z
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CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: Q
LOT 20, BLOCK"A", CENTRAL HOME TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
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BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 25, PAGE 4 OF MAPS, IN
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This is to notify you of the your obligations relating to the A merican Recovery and Reinvestment Act of 2009,
pursuant to the Contract=_with San Bernardino County effective , 2013.
AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING (ARRA) N
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Use of ARRA Funds and Requirements °
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This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Z
Act of 2009("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery o
funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both
as defined in 2 CFR 176.140)unless all of the iron, steel and manufactured goods(as defined in 2 CFR 176.140)
used in the project are produced in the United States. A waiver is available under three limited circumstances: (i)
Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable
quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United o
States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic
preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement.
Request for a waiver must be made to the County for an appropriate determination.
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Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on E
projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to
ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality W
as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31). This is referred
to as the"wage rate"requirement.
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NThe above described provisions constitute notice under ARRA of the Buy American and wage rate requirements.
Contractor must contact the County contact if it has any questions regarding the applicability or implementation of
01 the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed r
information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to c
employees so that the County may fulfill any reporting requirements it has under ARRA. The information may v,
required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing, information or
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documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and
may result in the withholding of payments and termination of this Contract.
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Contractor may also be required to register in the Central Contractor Registration (CCR) database at M
htto://www.ecr.9ov and may be required to have its subcontractors also register in the same database. Contractor N
must contact the County with any questions regarding registration requirements. c
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Schedule of Expenditure of Federal Awards o
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In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and
reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the
expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards =
(SETA) and the Data Collection.Form (SF-SAC) required by the Office of Management and Budget Circular A-
133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and s
SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number,
and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award Q
number consistent with the recipient reports required by ARRA Section 1512 (c).
In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-
contract and at the time of disbursement of funds, the Federal award number, any special CFDA number E
assigned for ARRA purposes, and amount of ARRA funds.
Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill Q
any reporting requirements under ARRA described in this section. The information may be required as frequently
as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested
by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the
withholding of payments and termination of this Contract.
Packet Pg. 333
2013-299
I do hereby acknowledge receipt of the American Recovery and Reinvestment Act(ARRA) Funding requirements
that became effective August 12, 2009, and understand and agree to the contractual obligations stipulated herein
for contracts with San Bernardino County.
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Patrick J. Morris c
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2013-299
AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY
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This agreement is made this 21 st day of October by and between the Board of
Supervisors of San Bernardino County, State of California, and the City of San Bernardino ("PURCHASER"), C14
pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code. z
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The real property situated within said county, hereinafter set forth and described in Exhibit W, is tax-defaulted o
and is subject to the power of sale by the tax collector of said county for the nonpayment of taxes, pursuant to 4)
provisions of law. w
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It is mutually agreed as follows: m
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1. That, as provided by Revenue and Taxation Code§3800, the cost of giving notice of this agreement shall
be paid by the PURCHASER, and
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2. That the PURCHASER agrees to pay the sum of$ 12,400 for the real property described in Exhibit"A" U)
within 15 days after the date this agreement becomes effective. Upon payment of said sum to the tax
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collector, the tax collector shall execute and deliver a deed conveying title to said property to
PURCHASER.
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3. The property sold pursuant to this agreement is offered and sold as is. The State, the County, and each N
employee of those entities acting in the employee's official capacity in preparing, conducting, and selling ^,
` property under this agreement, are not liable for any known or unknown conditions of the property, _
including, but not limited to, errors in the Assessor's records pertaining to improvement of the property. o
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4. That the PURCHASER agrees to use the parcel(s)for public purpose under the following intent:
Municipal Water Supply for the City'of San Bernardino. (For Water Department Use) �
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5. That,if said purchaser is a taxing agency as defined in the Revenue and Taxation Code§121 or any N
other agency that receives its revenue share under the provision of Division 1. Part 8, Chapter 3 of the 6
Revenue and Taxation Code, it will not share in the distribution of the payment required by the Agreement
as defined by§3791 and§3720 of the Revenue and Taxation Code. 0
If all or any portion of any individual parcel described in this agreement is redeemed prior to the effective date of
this agreement, this agreement shall be null and void as to that individual parcel.
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2013-299
The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for
said agencies.
This document is being executed in counterpart each of which constitutes an original
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ATTEST: N
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CITY OF SAN BERNARDINO O
By:
(Purchaser) ZAJI CK J. MORRIS, ayor N
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SIGNED AND CERTIFIED THAT BOARD OF SUPERVISORS
ATTEST: SIG RS =
A COPY OF THIS DOCUMENT HAS BEEN
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Laura H.Welch By
Clerk of the Board of Supervisors
of the County of San Bernardino
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Deputy Janice Rutherford, Chair >CD
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Pursuant to the provisions of Revenue and Taxation Code §3775, the governing body of the City of San N
Bernardino,hereby agrees to the selling price as provided in this agreement, c
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ATTEST` CITY OF SAN BERNARDINO
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Dep May E
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Pursuant to the provisions of Revenue and Taxation Code §3795, the Controller approves the foregoing
agreement this day of E
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JOHN CHIANG, CALIFORNIA STATE CONTROLLER a
By:
LINDA YAMANAKA, BUREAU CHIEF
Local Govemment Policy and Reporting
Packet Pg. 336
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EXHIBIT A
City of San Bernardino Municipal Water Department
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0144-221-27-0000 $ 12,400.00 N
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Total: $ 12,400.00 Z
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LEGAL DESCRIPTION o
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THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: E
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LOT 20, BLOCK"A",CENTRAL HOME TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
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BERNARDINO, STATE OF CALIFORNIA,AS PER PLAT RECORDED IN BOOK 25, PAGE 4 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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2013-299
This is to notify you of the your obligations relating to the American Recovery and Reinvestment Act of 2009,
pursuant to the Contract=_with San Bernardino County effective , 2013.
AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING (ARRA) N
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Use of ARRA Funds and Requirements °
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This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Z
Act of 2009 CARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery c
funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both 3
as defined in 2 CFR 176.140)unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140)
used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) u0i
Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable
quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United o
States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic
preference would be inconsistent with the public interest. This is referred to as the"Buy American" requirement.
Request for a waiver must be made to the County for an appropriate determination. E
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Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on E
projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to
ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality
as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31). This is referred
to as the"wage rate"requirement.
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The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. N
Contractor must contact the County contact if it has any questions regarding the applicability or implementation of
the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed
information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to c
employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be 'y
required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or
documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and
may result in the withholding of payments and termination of this Contract.
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Contractor may also be required to register in the Central Contractor Registration (CCR) database at M
httga/www.ccr.gov and may be required to have its subcontractors also register in the same database. Contractor N
must contact the County with any questions regarding registration requirements. c
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Schedule of Expenditure of Federal Awards 6
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In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and
reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the
expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards
(SETA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-
133, 'Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and E
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SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number,
and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award Q
number consistent with the recipient reports required by ARRA Section 1512 (c).
In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-
contract and at the time of disbursement of funds, the Federal award number, any special CFDA number E
assigned for ARRA purposes, and amount of ARRA funds.
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Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill Q
any reporting requirements under ARRA described in this section. The information may be required as frequently
as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested
by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the
withholding of payments and termination of this Contract.
Packet Pg.338
2013-299
I do hereby acknowledge receipt of the American Recovery and Reinvestment Act(ARRA).Funding requirements
that became effective August 12,2009, and understand and agree to the contractual obligations stipulated herein
for contracts with San Bernardino County.
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Packet Pg.339
RESOLUTION (ID # 2688) DOC ID: 2688
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Land Acquisition
From: Tony Frossard M/CC Meeting Date: 10/21/2013
Prepared by: Ryan Sandoval, (909) 384-5140 0^,
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Dept: Public Works Ward(s): 1 c
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Subject: z
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the o
Mayor to Execute an Agreement Relative to the Purchase of Tax-Defaulted Property from the
County of San Bernardino Tax Collector, to be Designated for Water Department Use, Located o
on 974 Home Avenue, Known as Assessors Parcel Number 0144-221-27-0000, in the City of
San Bernardino. (#2688) o
Current Business Registration Certificate: Not Applicable E
Financial Impact:
Water Department staff anticipated this project during the current fiscal year(FY 2013-14) and Q
budgeted the project in the Water Fund Capital Improvement Budget titled Muscoy—EPA#109
Shallow Well. The project funding for this project is $155,000. Therefore, sufficient funds are L
available for the purchase of the property.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action: _
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None. °
Background: N
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The San Bernardino Municipal Water Department (Water Department) owns EPA Well No. 109
(EPA Well) located at 980 West Home Avenue and has been operating the well since 2005 as a
part of the Newmark Groundwater Contamination EPA Superfund Site. The parcel and structure •�
east and adjacent to the EPA Well parcel, 974 Home Avenue (APN 0144-221-27), has been
abandoned for many years and is frequently vandalized, is in substandard condition and
frequented by squatters. Water Department staff visits the EPA Well site 2 to 3 times per day LL
and this type of activity adjacent to the site is a safety and security concern. The location of the o
EPA Well and the adjacent parcel are shown on the attached plat.
Furthermore, the Water Department staff and their Consent Decree Hydrogeologist Consultant,
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Mark Eisen of Stantec, are considering the installation of a shallow well adjacent to the EPA
Well in an effort to improve contaminant capture performance in the shallow aquifer of the 0)
Muscoy Operational Unit(OU). Since the current EPA Well parcel is too small to accommodate
a new well, Water Department staff is proposing the purchase of the above-mentioned B
abandoned parcel adjacent to the EPA Well. This would allow the Water Department to a
construct and develop the new shallow well(to be named EPA Well 1095),while simultaneously
eliminating the safety and security concern currently present.
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Updated: 10/16/2013 by Georgeann"Gigi"Hanna Packet Pg. 340
2688
Water Department staff engaged a local real estate broker (Frank Schnetz) to assist with the
potential purchase of the parcel approximately one year ago. The broker was unsuccessful in
locating the current owner. Recently, the broker was put on notice that the County of San
Bernardino (County)had declared this parcel as tax-defaulted and is subject to the power of sale
by the tax collector. As a result, the County has subsequently agreed to a tax default sale to the
Water Department. According to the County and the Preliminary Title Report, a total of
approximately$12,400.00 is owed to the County in unpaid property taxes and to the City of San N
Bernardino(City) Code Compliance for unpaid citation liens.
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The County prepared an Agreement to Purchase Tax-Defaulted Property (Agreement) for APN z6
0144-221-27 pursuant to Division 1, Part 6, Chapter 8 of the Revenue and Taxation Code and a =
copy is attached for reference. The purchase price per the Agreement is $12,400,plus the cost of 2
giving notice. In order for the Water Department to purchase the property, staff will need to 0
submit an executed Agreement and adopted Resolution giving authorization to purchase tax-
defaulted property from the County. The property taxes owed on the property in the amount of o
$3,922.00 will be paid to the County and the balance of the purchase price would be distributed
to the City to recompense for the liens on the property. The title to the property will be vested as E
the City of San Bernardino, but will be designated for Water Department use per the attached =
resolution. E
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On August 20, 2013, at the regular meeting of the Board of Water Commissioners, it was
unanimously voted to adopt Resolution No. 837 authorizing the agreement to purchase tax-
defaulted property from the County of San Bernardino located at 974 Home Avenue, known as
APN 0144-221-27.
The attached resolution authorizes the Mayor to execute the Agreement to purchase the property N
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to be used for Water Department purposes. r
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City Attorney Review: o
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Supporting Documents:
Resolution (PDF) a
Exhibit 1 -Agreement to Purchase Tax-Defaulted Prop (PDF)
RCA Attachment-Plat (PDF)
Water Staff Report w-Exhibits (PDF)
SBWMD Minutes 8-20-13 (PDF) U.
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Updated: 10/16/2013 by Georgeann"Gigi"Hanna Packet Pg. 341