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HomeMy WebLinkAboutR31- Economic Development Agency CITY OF SAN BERNARDINO ORIGINAL ECONOMIC DEVELOPMENT AGENCY FROM: Emil A.Marzullo SUBJECT: Public Hearing - Purchase of City owned Interim Executive Director property known as the Convention Center located west of City Hall, east of "E" Street, south of Court Street (Central City DATE: October 14,2010 Redevelopment Project Area) --------------------——--------------------------—-----------------------------------------------------------------------------------------—--------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): On April 27,2010,approved in concept the sale of the Convention Center to the Redevelopment Agency as part of the"2010- 2011 Budget Options". On August 5,2010,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. On September 7, 2010,the Mayor and Common Council approved a Resolution establishing fair market value and set October 4,2010,for Public Hearing to consider selling the Convention Center to the Redevelopment Agency. ---------------------------------------------- --------------------------------------------------------------------------------------------------------------------- -------------------------------------------- ecommended 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 and consenting to the sale of City property known as the Convention Center and making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 as to the benefit to the State College Redevelopment Project Area for the sale of said property(Central City Redevelopment Project Area) (Community Development Commission) B: Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino("Agency")to execute a Sale and Purchase Agreement for the purchase of the City owned property known as the Convention Center making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 as to the benefit to the State College Redevelopment Project Area for the sale of said property(Central City Redevelopment Project Area) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Contact Person(s): Lou Schnepp Phone: (909)663-1044 Central City Project Area(s): Redevelopment Project Area Ward(s): at Supporting Data Attached: 0 Staff Report R1 Resolution(s)El Agreement(s)/Contract(s)❑Map(s)❑Letter(s) FUNDING REQUIREMENTS: Anw#nt: $ 2,447,000 Source: Tau Increment - Budget Authority: 2010-2011 EDA Budget Signature: Fiscal Review: Emil A. xecutive Director Lori P ill , to ' Chief Financial Officer ------------------------------------------------------- ---------------- ------------- -------------------------—-------------------- ommission/Council Notes: S /D-��� eQ'-/�Q70O S� ---------------------------------------------------------------------------------------------------------------------- PAAgendas\Comm Dev Commission\CDC 2010\10-18-10 Sale and Purchase of Convention Center SR.doc COMMISSION MEETING AGENDA Meeting Date: 10/18/2010 Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT PUBLIC HEARING - PURCHASE OF CITY OWNED PROPERTY KNOWN AS THE CONVENTION CENTER LOCATED WEST OF CITY HALL,EAST OF "E" STREET, SOUTH OF COURT STREET (CENTRAL CITY REDEVELOPMENT PROJECT AREA) BACKGROUND: On April 27, 2010, the City Manager presented a"Budget Balancing Strategy Options" plan to address the proposed City budget shortfall for FY 2010-2011. Part of that plan included the proposal to sell the Convention Center (previously known as Exhibit Hall) to the Redevelopment Agency ("RDA"). On June 30, 2010, the FY 2010-2011 budget was approved, including the proposed sale. The proposed sale also includes an appurtenant but separate parcel of land lying between the Convention Center and "E" Street. The sale will also include the granting of easements to the RDA for access, storage and meeting space, which are appurtenant to the use of the Convention Center, but also share common area in the vicinity of the southerly basement entrance to City Hall, as shown on the attached plat. Additionally, the City will retain an easement for access and maintenance of the Plaza directly west of City Hall, which is also the roof area of the Convention Center, and the Plaza area between the Convention Center and "E" Street, including the pedestrian bridge and the stairs to the north of the bridge. Section 2.65.050 of the San Bernardino Municipal Code allows the sale of property from one public agency to another at fair market value, without the need for competitive bid. Item 28 on the agenda is a continued public hearing from October 4 regarding the same matters as Item 31. The two items should be heard together. The City resolution which accompanied Item 28 has not been distributed and is being replaced with the City resolution attached to Item 31. CURRENT ISSUE: On September 7, 2010, City of San Bernardino Resolution No. 2010-298, was adopted, relative to the proposed sale of the above referenced City property. The Resolution established a sales price of $2,447,000 and set a public hearing for October 4, 2010. Notices of the proposed sale and public hearing were published and posted, as required by law and the hearing has been continued to October 18, 2010. The Mayor and Common Council of the City of San Bernardino ("Council") are required to adopt a Resolution approving the sale and authorizing the execution of a Sales and Purchase Agreement and a Grant Deed, and such Resolution 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 apply. The Community Development Commission of the City of San Bernardino ("Commission") Resolution authorizes this transaction on --------------------------------------------------- ----------------------------------------------------- --------------------------------------------------- P:Wgendas\Comm Dev Commission\CDC 2010\10-18-10 Sale and Purchase of Convention Center SR.doc COMMISSION MEETING AGENDA Meeting Date: 10/18/2010 Agenda Item Number: )/ Economic Development Agency Staff Report Sale and Purchase of Convention Center Page 2 behalf of the Agency. Both the Council and the Commission Resolutions contain the necessary findings pursuant to Health & Safety Code Section 33445.1 to utilize tax increment revenues from the State College Redevelopment Project Area to accomplish this purchase. ENVIRONMENTAL IMPACT: No impact under the California Environmental Quality Act("CEQA"), pursuant to Section 15301. This does not meet the definition of a "project" under Section 15378 of the California Environmental Quality Act ("CEQA"), which states that a "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. FISCAL IMPACT: Account Budgeted Amount: $2,447,000 Balance as of. October 14, 2010 Balance after approval of this item: $0.00 RECOMMENDATION: That the Mayor and Common Council and the Community Development Commission adopt the attached Resolutions. Emil A. Marz im Executive Director ------------------------------—----------------------------------------------------------------------------------------------------------------------------------------------------------------------- P:\Agendas\Comm Dev Commission\CDC 2010\10-18-10 Sale and Purchase of Convention Center SR.doc COMMISSION MEETING AGENDA Meeting Date: 10/18/2010 Agenda Item Number: �� C (op 1 RESOLUTION NO. 1� 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AND CONSENTING TO THE SALE OF 3 CITY PROPERTY KNOWN AS THE CONVENTION CENTER AND MAKING 4 CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445.1 AS TO THE BENEFIT TO THE STATE 5 COLLEGE REDEVELOPMENT PROJECT AREA FOR THE SALE OF SAID PROPERTY(CENTRAL CITY REDEVELOPMENT PROJECT AREA) 6 7 WHEREAS,the City of San Bernardino,California(the"City"),is a municipal corporation and 8 a charter City duly created and existing pursuant to the Constitution and the laws of the State of 9 California; and 10 WHEREAS, the Community Development Commission of the City of San Bernardino (the 11 "Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the 12 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of California, 13 organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24 14 commencing with Section 33000)of the Health and Safety Code of the State of California(the"Act"); 15 and 16 WHEREAS,pursuant to Section 33445.1 of the Act,the Agency may, with the consent of the 17 Mayor and Common Council of the City of San Bernardino(the"Council"),pay all or a part of the cost 18 of installation and construction of any building, facility, structure or other improvement which is 19 publicly owned and is located outside and not contiguous to a redevelopment project area,but is located 20 within the community, with monies allocated to such redevelopment project area if the Council 21 determines: (1) that the installation or construction of such buildings, facilities, structures or other 22 improvements are of primary benefit to the redevelopment project area; (2) that the installation or 23 construction of the buildings, facilities, structures, or other improvements benefits the project area by 24 aiding in the elimination of blight within the redevelopment project area; (3)that no other reasonable 25 means of financing the installation or construction of such buildings, facilities, structures or other 26 improvements are available to the community; (4) that the payment of funds for the cost of the 27 buildings, facilities, structures or other improvements is consistent with the implementation plan 28 1-- - - i i i I adopted pursuant to Health and Safety Code Section 33490; and (5) that the installation of each 2 building, facility, structure, or improvement is provided for in the redevelopment plan; and 3 WHEREAS, the Council and the Commission have previously approved and adopted the 4 Redevelopment Plan for the Central City Redevelopment Project Area("Central City"); and 5 WHEREAS,it is in the interest of the present landowners within Central City and the residents, 6 both within Central City and within the City generally,that the Agency acquire the Convention Center 7 property and return it to an economic benefit to the City pursuant to the Sale and Purchase Agreement 8 (the "Agreement") attached hereto as Exhibit"I"; and 9 WHEREAS,the Convention Center,when returned to operation will have a positive economic 10 and social impact on various City,retail,business, educational and commercial functions,which service 11 the residents,workers and business owners within all of the City's Redevelopment Project Areas and in 12 particular the State College Redevelopment Project Area (the State College Redevelopment Project 3 13 Area is herein referred to as the "Benefited Project Area"); and y 14 WHEREAS,the Central City Redevelopment Project Area serves social,commercial,retail,and 15 other community needs of the Benefited Project Area and provide functions that cannot be provided 16 separately within the Benefited Project Area; and a 17 WHEREAS,Central City is suffering from stagnant property values and impaired investments, 18 the property owners within Central City do not have the ability to bear the cost of any additional special 19 assessments,taxes,or other charges,and in order to promote the City's health, safety and welfare,it is 20 important that the Agency fund the costs of the Project; and 21 WHEREAS, in connection with the funding of the Project,it is proposed that the Agency shall 22 utilize revenues attributable to the Benefited Project Area in an amount equal to $2,447,000; and 23 WHEREAS, it is appropriate at this time for the Commission, pursuant to separate action, to 24 approve and authorize the Interim Executive Director to execute said Agreement attached hereto as 25 Exhibit"1"for the Project and for the Commission to make certain findings and determinations and take 26 certain actions with respect to the Agency's funding of the Project. 27 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY ; 28 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 2 I FOLLOWS: 2 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by this 3 3 reference. 3 4 Section 2. The Council hereby approves and consents to the payment by the Agency of 5 those costs required by the Sale and Purchase Agreement for the acquisition of the Convention Center is 6 by the Agency in order to ensure the economic enhancements and stability of the Benefited Project Area 7 and other neighborhoods within the City for the reasons set forth in the Recitals hereinabove. The 8 Council also finds and determines that: (1)the Project and its projected buildings,facilities,structures, 9 or other improvements are of primary benefit to the Benefited Project Area; (2) the Project and the 10 installation or construction of the projected buildings, facilities, structures, or other improvements 11 benefits the Benefited Project Area by aiding in the elimination of blight within the Benefited Project 12 Area; (3) no other reasonable means of financing the Project or the installation or construction of the 13 projected buildings,facilities, structures or other improvements are available to the community;(4)the 14 payment of funds for the cost of the Project, buildings, facilities, structures or other improvements is 15 consistent with the implementation plan adopted pursuant to Health and Safety Code Section 33490;and 16 (5)the Project and the installation and construction of such projected buildings,facilities,structures,or 17 improvements pursuant to the Project are provided for in the redevelopment plan. 18 Section 3. The sale of that certain property generally known as the Convention Center l 19 located west of City Hall,east of"E"Street and South of Court Street,more fully described in the Sales 3 20 and Purchase Agreement("Agreement")attached hereto as Exhibit"1",to the Agency in the Amount of 21 $2,447,000.00. 22 Section 4. The City Manager is hereby directed and authorized b the Council to execute on Y g Y Y 23 behalf of the City,the Agreement,a copy of which is attached hereto as said Exhibit"I",and approve a 1 24 form of a Grant Deed in similar transactions for the sale of said City property as described herein. 25 Section 5. Said Agreement shall be null and void if either party fails to execute the 26 Agreement within ninety (90) days after the date of adoption of this Resolution. 27 Section 6. This Resolution shall take effect upon its adoption and execution in the manner as 3 28 required by the City Charter. 3 l RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO APPROVING AND CONSENTING TO THE SALE OF 2 CITY PROPERTY KNOWN AS THE CONVENTION CENTER AND MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH 3 AND SAFETY CODE SECTION 33445.1 AS TO THE BENEFIT TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA FOR THE SALE OF SAID 4 PROPERTY (CENTRAL CITY REDEVELOPMENT PROJECT AREA) i l 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a meeting 8 thereof, held on the day of , 2010, by the following vote to wit: Council Members: Ayes Nays Abstain Absent 9 MARQUEZ 10 DESJARDINS 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 Rachel G. Clark, City Clerk 18 19 The foregoing Resolution is hereby approved this day of , 2010. 20 21 Patrick J. Morris, Mayor 22 City of San Bernardino 23 24 Approv as to Form: 25 By: ames F. Penman, City Attorney 26 27 28 { 4 EXHIBIT " 1 " N SALE AND PURCHASE AGREEMENT x THIS AGREEMENT, executed this 18th day of October, 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 TWO MILLION FOUR HUNDRED FORTY-SEVEN THOUSAND DOLLARS ($2,447,000), shall deliver unto BUYER an executed Grant Deed for that certain real property known as the Convention Center, appurtenant parcel to the west and appurtenant easements, generally located west of and adjacent to City Hall, east of `B" Street and south of Court Street, in the City of San Bernardino, (collectively"PROPERTY") being Assessor's Parcel Number (APN) 0134-251-53 and portions of APN 0134-251-51 and APN 0134-311-37, 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. In exchange for the Grant Deed as set forth on Exhibit "A", BUYER shall deliver unto SELLER, funds in the amount of TWO MILLION FOUR HUNDRED FORTY-SEVEN THOUSAND DOLLARS ($2,447,000.00) 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. 4. BUYER and SELLER mutually agree to indemnify, defend and hold harmless the other party of this Agreement, its directors, officers, agents and employees from any and all damages or claims for damages of any nature arising out of this Agreement and the actions to be conducted by the BUYER pursuant to this Agreement. 5. BUYER shall pay all recording fees and title fees, including but not limited to title insurance. 6. SELLER shall also grant to BUYER, certain non-exclusive easements for access, storage and meeting room and appurtenances thereto, as more specifically set forth in said Exhibit"A" 7. SELLER shall also reserve easements for access and maintenance across said PROPERTY, as more specifically set forth in said Exhibit "A". 8. No obligation other than those set forth herein shall be recognized. EXHIBIT "1" P'\Agendas\Agenda Attachments\Exhibits\2010\10-19-10 Convention Center-City Sale and Purchase Agramem(Exhibit 1).docx SALE AND PURCHASE AGREEMENT — SALE OF CONVENTION CENTER AND APPURTENANT PARCEL TO THE WEST AND APPURTENANT EASEMENTS, GENERALLY LOCATED WEST OF AND ADJACENT TO CITY HALL, EAST OF "E" STREET AND SOUTH OF COURT STREET. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set forth above. BUYER: SELLER: Redevelopment Agency City of San Bernardino of the City of San Bernardino a municipal corporation a public body, corporate and politic Date: ., By: By: Emil A. Marzullo, Interim Executive Director Charles E. M"leely, City Manager Approved as to Form and Legal Content: Attest: Agency Counsel Rachel G. Clark, City Clerk p Approved as to Form: By: James F. Penman, City Attorney EXHIBIT "1" P:\Agendas\Agenda Attachments\Exhibits\2010\10-18-10 Convention Center-City Sale and Purchase Agreement(Exhibit 1).docx REQUESTED BY AND WHEN RECORDED MAIL TO: R- ',Velopment Agency of the C. if San Bernardino 201 N"E" St. Suite 301 San Bernardino, CA 92401 APN: 0134-251-53 &Por. 0134-251-51 and Por.0134-311-37 File No. 15.05-273 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 AND IS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF CITY OF SAN BERNARDINO �E. � Mn 0 5 0 Y By: Date: PATRICK J.MORRIS,Mayor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA ) )S.S. COUNTY OF ) On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged 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 A: (CONVENTION CENTER/EXHIBIT HALL) POR.APN 0134-251-51 & 134-311-37 THAT PORTION OF PARCEL 24 OF PARCEL MAP NO. 688, IN THE CITY OF SAN BERNARDINO, AS PER MAP RECORDED IN BOOK 25 OF PARCEL MAPS, PAGES 47 THROUGH 58, INCLUSIVE, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 22 OF SAID PARCEL MAP NO. 688; THENCE SOUTH 890 55' 49" EAST ALONG THE SOUTH LINE OF SAID PARCEL 22, A DISTANCE OF 39.00 FEET; THENCE LEAVING SAID SOUTH LINE, SOUTH 00° 04' 11" WEST, A DISTANCE OF 14.67 FEET; THENCE NORTH 890 55' 49"WEST,A DISTANCE OF 28.62 FEET; THENCE SOUTH OF 000 04' 11"WEST, A DISTANCE OF 108.17 FEET; THENCE SOUTH 890 55' 49"EAST, A DISTANCE OF 0.12 FEET; THENCE SOUTH 000 04' 11" WEST, A DISTANCE OF 27.16 FEET TO THE NORTHEAST CORNER OF PARCEL 26 OF SAID PARCEL MAP NO. 688; THENCE NORTH 890 55' 49" WEST ALONG THE NORTH LINE OF SAID PARCEL 26, A DISTANCE OF 162.88 FEET TO A POINT THAT BEARS SOUTH 890 55' 49" EAST 43.60 FEET FROM THE NORTHWEST CORNER OF SAID PARCEL 26; 1 THENCE LEAVING SAID NORTH LINE, NORTH 00° 04' 11" EAST, A DISTANCE OF 15.25 FEET; THENCE NORTH 45c'04' 11"EAST, A DISTANCE OF 11.55 FEET; THENCE NORTH 000 04' 11"EAST, A DISTANCE OF 25.17 FEET; THENCE NORTH 450 04' 11"EAST, A DISTANCE OF 11.79 FEET; THENCE NORTH 000 04' 11" EAST, A DISTANCE OF 70.83 FEET; THENCE NORTH 450 04' 11" EAST, A DISTANCE OF 11.55 FEET; 1 THENCE NORTH 000 04' 11" EAST 14.08 FEET TO A POINT IN THE SOUTH LINE OF PARCEL 21 OF SAID PARCEL MAP NO. 688 THAT BEARS SOUTH 890 55' 49" EAST 68.61 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL 21; THENCE SOUTH 890 55' 49" EAST ALONG THE SOUTH LINE OF SAID PAREL 21 A DISTANCE OF 127.71 FEET TO THE POINT OF BEGINNING. TOGETHER WITH A NON—EXCLUSIVE EASEMENT FOR ACCESS, STORAGE AND MEETING SPACE, AND ALL APPURTENANCES THERETO, LOCATED ADJACENT TO THE SECOND STORY AREA OF THE ABOVE DESCRIBED CONVENTION CENTER/EXHIBIT HALL, INCLUDING THE RIGHT TO MAINTAIN, REPAIR, CONSTRUCT OR RE—CONSTRUCT ANY APPURTENANT FACILITIES LOCATED THEREIN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 26 OF SAID PARCEL MAP NO. 688; THENCE NORTH 000 04' 11"EAST, A DISTANCE OF 27.16 FEET; THENCE SOUTH 890 55' 49" EAST,A DISTANCE OF 45.25 FEET; THENCE SOUTH 00°04' 11" WEST, A DISTANCE OF 62.17 FEET; THENCE NORTH 890 55' 49"WEST,A DISTANCE OF 15.50 FEET; THENCE SOUTH 000 04' 11" WEST,A DISTANCE OF 9.42 FEET; THENCE NORTH 890 55' 49"WEST,A DISTANCE OF 14.50 FEET; THENCE SOUTH 000 04' 11" WEST, A DISTANCE OF 15.58 FEET TO THE NORTH LINE OF PARCEL 28 OF SAID PARCEL MAP NO. 688; THENCE NORTH 890 55' 49" WEST, ALONG SAID NORTH LINE, DISTANCE OF 15.25 FEET; THENCE LEAVING SAID NORTH LINE, NORTH 000 04' 11" EAST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. I GRANTOR RESERVES A NON—EXCLUSIVE EASEMENT FOR PUBLIC ACCESS AND MAINTENANCE AND APPURTENANCES THERETO, ACROSS THE SECOND STORY ROOF AREA OF THE ABOVE DESCRIBED CONVENTION CENTER/EXHIBIT HALL. CONTAINS 22,810 SQUARE FEET, MORE OR LESS, EXCLUSIVE OF EASEMENTS. i a ;i } PARCEL B WEST PLAZA) ) APN 0134-251-53 THAT PORTION OF PARCEL 25 OF PARCEL MAP NO. 688, IN THE CITY OF SAN BERNARDINO AS PER MAP RECORDED IN BOOK 25 OF PARCEL MAPS, PAGE 47 THROUGH 58 INCLUSIVE, RECORDS OF SAN BERNARDINO COUNTY, SATE OF CALIFORNIA,ALSO BEING A PORTION OF THE WEST PORTION OF PLAZA PARCEL AS SHOWN ON SAID PARCEL MAP, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 25, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF PARCEL 21 OF SAID PARCEL MAP NO. 688; THENCE SOUTH 890 55' 49"EAST,ALONG THE NORTH LINE OF SAID PARCEL 25, A DISTANCE OF 68.61 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 00° 04' 11" WEST, A DISTANCE OF 14.08 FEET; THENCE SOUTH 450 04' 11" WEST,A DISTANCE OF 11.55 FEET; THENCE SOUTH 000 04' 11" WEST TO THE CENTERLINE OF VACATED THIRD STREET,AS VACATED BY CITY OF SAN BERNARDINO RESOLUTION NO. 10192, RECORDED ON APRIL 6, 1970 IN BOOK 7418, PAGE 963, OFFICIAL RECORDS OF SAID COUNTY; THENCE, WEST, ALONG SAID CENTERLINE, TO THE WEST LINE OF SAID PARCEL 25 AND THE EAST LINE OF`B" STREET, AS DELINEATED ON SAID PARCEL MAP; THENCE NORTH, LEAVING SAID CENTERLINE,ALONG SAID WEST LINE OF PARCEL 25 AND SAID EAST LINE OF "E" STREET, A DISTANCE OF 89.02 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. GRANTOR RESERVES A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS AND MAINTENANCE AND APPURTENANCES THERETO ACROSS AND ABOVE THE ;l PROPERTY HERIN DESCRIBED, INCLUDING PEDESTRIAN WALKWAY/BRIDGE AND STAIRS. CONTAINS 5,519.14 SQUARE FEET, MORE OR LESS. l I CAL — COURT STREET — Ln N N I- Por. PARCEL MAP NO. 688 P.M. 25 f47-58 Par.21 Por.Par.22 CD Court Street Parking N Square Lot (currant Owner:RDA) (Cunud Owner:RDA) i I (See Sheet 2 for Lot Details and Dimensions) POR. WEST POR. EAST ZA �w PLAZA V1 PLAZA (Current owner:RDA) v� (Current Owner: Por.Par.2S — 68.75' City) CONVENTION �W�Ikw a y/Ped.Bridge CENTER Por.Par.25 (Formerly known as City Hail Exhibit Hails (Currentowa w:aty) (Current Owner:City) POR. WEST Por.Par.24 PLAZA Por.Par 24 (Current Owner:RDA) U Par.Par 2S QQ > d� m POR. EAST L)z PLAZA (Current Cwwr:RDA) W Hotel o Q 9 Par.Par.25 (Current ow w::Pri►�) Z W L) Por.Par.26 ��. Parking Structure Parcels to be sold shown as:� EXMIT "B" (`��"`r°a"`.'°�$`�''> or ement arm shown as: ® PROPOSED SALE OF THE CONVENTION CENTER & CITY OF SAN BERNARDINO POR. OF WEST PLAZA AND GRANTING OF CERTAIN PUBLIC WORKS DEPARTMENT EASEMENTS TO THE REDEVLOPMENT AGENCY REAL PROPERTY SECTION CREATM BY: DAB SHEET 1 OF 2 1 Flfa NQ_ 15.05-273 CMECM BY., Por. PARCEL MAP NO. 688 P.M. 25 /47-58 I POB Parod"B" (21) POB Pared"A" I (22) i L1 SW5'4VE 88.81' SW56'4rE 127.71' Q L2 ® O 3: PARCEL"B" (Por.APN 0134-251.51) z § l (APN 0134251.53) 9 (2(25)8 . w PARCEL`A' (25) 3 — i 6L 74418 QA 0A 68.75' z � (24) (24) I9 j L4 `\I � � l Ddad"A� z I (25) (Por.0134-31147) no s I u EASEMENT i 43,60 N 8r W 4r 14' 182.88` AREA gE (Por.A�PN � I I POB Erarawext Axa 0134-31147) I � (26) (24) 8 (25) W La Of L16 LINE DATA . S Lu 00004'11* 8 z Ln Lx • — — . - - sm (28) L7 46004'110 EE I 25.lr I Az& 1 . L13 • L15 Lie w If 7 U Qn* NOTE:ALL BEARINGS ANC DISTANCES ARE BASED ON THE MAP OF PARCEL MAP NO.SU, BOOK 23,PAGES 4745 OF PARCEL MAP'S, SAN BERNARDIO COUNTY,STATE OF 'ALIFORNIA ITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT REAL PROPERTY SECTION PROPOSED SALE OF THE CONVENTION CENTER & POR. OF WEST PLAZA AND GRANTING OF CERTAIN SHEET20F2 I FlisNo. 15.05-273 EASEMENTS TO THE REDEVLOPMFNT AC,FN('Y a CAL-srATE 18 15 .� N....• o S cafe �°o ke - - 40th $ 330 L O a Marshall v y 210 Highland Ave. z3s 0 t' 6 L H L ar W A C — Base Line in St. 9th St C 0 5th St. a Rialto Av . Mill St. £¢ 15 0 C 0 ar zlo a Dranp, Show LOCATION!'OF CITY PROPER7Y TO � 0 BE SOLO TO THE REDEVELOPMENTAGENCY VICINITY [►BAR CITY OF SAN BERNARDINO PROPOSED SALE OF THE CONVENTION ° JBLIC WORDS DEPARITUFNT REAL PROPERTY SECTION GRANTING& POR. OF WEST PLAZA AND GRANTING OF CERTAIN EASEMENTS TO THE ® indicates un-incorporated REDEVLOPMENT AGENCY areas within City's Sphere of Influence Ci(aa �QJz/0 FOC1Q1 y Date:o�1410 CRev.Feb. 2010) COP RESOLUTION NO. 1 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 3 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY 4 OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A SALE AND PURCHASE AGREEMENT FOR THE PURCHASE OF THE CITY 5 OWNED PROPERTY KNOWN AS THE CONVENTION CENTER MAKING CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH 6 AND SAFETY CODE SECTION 33445.1 AS TO THE BENEFIT TO THE STATE COLLEGE REDEVELOPMENT PROJECT AREA FOR THE SALE OF SAID 7 PROPERTY (CENTRAL CITY REDEVELOPMENT PROJECT AREA) 8 9 WHEREAS,the City of San Bernardino,California(the"City"),is a municipal corporation and 10 a charter City duly created and existing pursuant to the Constitution and the laws of the State of 11 California; and 12 WHEREAS, the Community Development Commission of the City of San Bernardino (the 13 "Commission") acting on behalf of the Redevelopment Agency of the City of San Bernardino (the 14 "Agency"), is a redevelopment agency, a public body, corporate and politic of the State of California, 15 organized and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24 16 commencing with Section 33000)of the Health and Safety Code of the State of California(the"Act"); 17 and 18 WHEREAS, pursuant to Section 33445.1 of the Act,the Agency may, with the consent of the 19 Mayor and Common Council of the City of San Bernardino(the"Council"),pay all or a part of the cost 20 of installation and construction of any building, facility, structure or other improvement which is 21 publicly owned and is located outside and not contiguous to a redevelopment project area,but is located 22 within the community, with monies allocated to such redevelopment project area if the Council 23 determines: (1) that the installation or construction of such buildings, facilities, structures or other 24 improvements are of primary benefit to the redevelopment project area; (2) that the installation or 25 construction of the buildings, facilities, structures, or other improvements benefits the project area by 26 aiding in the elimination of blight within the redevelopment project area; (3)that no other reasonable 27 means of financing the installation or construction of such buildings, facilities, structures or other 28 improvements are available to the community; (4) that the payment of funds for the cost of the 1 -- — t 1 buildings, facilities, structures or other improvements is consistent with the implementation plan 2 adopted pursuant to Health and Safety Code Section 33490; and (5) that the installation of each 3 building, facility, structure, or improvement is provided for in the redevelopment plan; and 4 WHEREAS, the Council and the Commission have previously approved and adopted the 5 Redevelopment Plan for the Central City Redevelopment Project Area("Central City"); and 6 WHEREAS,it is in the interest of the present landowners within Central City and the residents, 7 both within Central City and within the City generally,that the Agency acquire the Convention Center 8 property and return it to an economic benefit to the City pursuant to the Sale and Purchase Agreement 9 (the "Agreement") attached hereto as Exhibit"1"; and 10 WHEREAS,the Convention Center,when returned to operation will have a positive economic 11 and social impact on various City,retail,business,educational and commercial functions,which service 12 the residents,workers and business owners within all of the City's Redevelopment Project Areas and in 13 particular the State College Redevelopment Project Area (the State College Redevelopment Project 14 Area is herein referred to as the "Benefited Project Area"); and 15 WHEREAS, the Convention Center serves social, commercial, retail, and other community 1 16 needs of the Benefited Project Area and provide functions that cannot be provided separately within the a 17 Benefited Project Area; and 18 WHEREAS,Central City is suffering from stagnant property values and impaired investments, 19 the property owners within Central City do not have the ability to bear the cost of any additional special 20 assessments,taxes,or other charges,and in order to promote the City's health, safety and welfare,it is 21 important that the Agency fund the costs of the Project; and 22 WHEREAS,in connection with the funding of the Project,it is proposed that the Agency shall 23 utilize revenues attributable to the Benefited Project Area in an amount equal to $2,447,000; and 24 WHEREAS, it is appropriate at this time for the Council, by separate action, to approve and 25 authorize the City Manager to execute said Sale and Purchase Agreement,attached as Exhibit Copy for 26 the Project, and for both the Council and the Commission to make certain findings and determinations �, f4 ' 27 and take certain actions with respect to the Agency's funding of the Project. 3 28 2 am I NOW,THEREFORE,THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 2 OF SAN BERNARDINO DOES HEREBY RESOLVE,DETERMINE AND ORDER,AS FOLLOWS: 3 4 Section 1. The Recitals hereinabove are true and correct and are incorporated herein by this 5 reference. 6 Section 2. The Commission hereby authorizes payment by the Agency of the cost required 7 by the Sale and Purchase Agreement for the acquisition of the Convention Center by the Agency in 8 order to ensure the economic enhancements and stability of the Benefited Project Area and other 9 neighborhoods with the City for the reasons set forth in the Recitals hereinabove. The Commission also 10 finds and determines that: (1) the Project and its projected buildings, facilities, structures, or other 11 improvements are of primary benefit to the Benefited Project Area;(2)the Project and the installation or 12 construction of the projected buildings, facilities, structures, or other improvements benefits the 13 Benefited Project Area by aiding in the elimination of blight within the Benefited Project Area; (3)no 14 other reasonable means of financing the Project or the installation or construction of the projected 15 buildings,facilities,structures or other improvements are available to the community; (4)the payment 16 of funds for the cost of the Project,buildings,facilities, structures or other improvements is consistent 17 with the implementation plan adopted pursuant to Health and Safety Code Section 33490; and(5)the 18 Project and the installation and construction of such projected buildings, facilities, structures, or 19 improvements pursuant to the Project are provided for in the redevelopment plan. 20 Section 3. The purchase of that certain property generally known as the Convention Center 21 located west of City Hall,east of"E"Street and South of Court Street,more fully described in the Sales 22 and Purchase Agreement("Agreement")attached hereto as Exhibit"1",to the Agency in the Amount of 23 $2,447,000.00. 24 Section 4. The Interim Executive Director of the Agency is hereby directed and authorized 25 by the Commission to execute on behalf of said Agency, the Agreement, a copy of which is attached 26 hereto as said Exhibit"I",and approve a form of a Grant Deed in similar transactions for the purchase 27 of said City property as described herein. 28 3 1 Section 5. Said Agreement shall be null and void if either party fails to execute the 2 Agreement within ninety (90) days after the date of adoption of this Resolution. 3 Section 6. This Resolution shall take effect from and after its date of adoption by this 4 Commission. 5 6 7 8 9 10 12 13 14 15 'a 16 18 19 j 20 l 21 22 23 24 25 9 26 27 i 28 4 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 1 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 2 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A SALE 3 AND PURCHASE AGREEMENT FOR THE PURCHASE OF THE CITY OWNED PROPERTY KNOWN AS THE CONVENTION CENTER MAKING 4 CERTAIN FINDINGS AND DETERMINATIONS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445.1 AS TO THE BENEFIT TO THE STATE 5 COLLEGE REDEVELOPMENT PROJECT AREA FOR THE SALE OF SAID 6 PROPERTY (CENTRAL CITY REDEVELOPMENT 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 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 14 SHORETT 15 KELLEY 16 JOHNSON MC CAMMACK 17 18 Secretary 19 20 The foregoing Resolution is hereby approved this day of , 2010. 21 22 Patrick J. Morris, Chairperson 23 Community Development Commission of the City of San Bernardino 24 25 Approved as to Form: 26 27 By: Agency C nsel 28 5 EXHIBIT " 1 " N SALE AND PURCHASE AGREEMENT THIS AGREEMENT, executed this 18th day of October, 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 TWO MILLION FOUR HUNDRED FORTY-SEVEN THOUSAND DOLLARS ($2,447,000), shall deliver unto BUYER an executed Grant Deed for that certain real property known as the Convention Center, appurtenant parcel to the west and appurtenant easements, generally located west of and adjacent to City Hall, east of "E" Street and south of Court Street, in the City of San Bernardino, (collectively "PROPERTY") being Assessor's Parcel Number (APN) 0134-251-53 and portions of APN 0134-251-51 and APN 0134-311-37, 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. In exchange for the Grant Deed as set forth on Exhibit "A", BUYER shall deliver unto SELLER, funds in the amount of TWO MILLION FOUR HUNDRED FORTY-SEVEN THOUSAND DOLLARS ($2,447,000.00) 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. l 4. BUYER and SELLER mutually agree to indemnify, defend and hold harmless the other party of this Agreement, its directors, officers, agents and employees from any and all damages or claims for damages of any nature arising out of this Agreement and the actions to be conducted : by the BUYER pursuant to this Agreement. 5. BUYER shall pay all recording fees and title fees, including but not limited to title insurance. 6. SELLER shall also grant to BUYER, certain non-exclusive easements for access, storage and meeting room and appurtenances thereto, as more specifically set forth in said Exhibit"A" 7. SELLER shall also reserve easements for access and maintenance across said PROPERTY, as more specifically set forth in said Exhibit"A". 3 j 8. No obligation other than those set forth herein shall be recognized. EXHIBIT "I" a P:\Agendas\Agenda Attachments\Exhibits\2010\10-1 g-10 Convention Center-City Sale and Purchase Agreement(Exhibit 1).docx SALE AND PURCHASE AGREEMENT — SALE OF CONVENTION CENTER AND APPURTENANT PARCEL TO THE WEST AND APPURTENANT EASEMENTS, GENERALLY LOCATED WEST OF AND ADJACENT TO CITY HALL, EAST OF "E" STREET AND SOUTH OF COURT STREET. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set forth above. BUYER: SELLER: Redevelopment Agency City of San Bernardino of the City of San Bernardino a municipal corporation a public body, corporate and politic Date: Date: By: By: Emil A. Marzullo, Interim Executive Director Charles E. M`Neely, City Manager Approved as to Form and Legal Content: Attest: By:RVEMM By. . Rachel G. Clark, City Agency Counsel y Clerk Approved as to Form: James F. Penman, City Attorney EXHIBIT "1" P:\Agendas\Agenda Attachments\Exhibits\2010\10-18-10 Convention Center-City Sale and Purchase Agreement(Exhibit 1).docx REQUESTED BY AND WHEN RECORDED MAIL TO: R- 'welopment Agency of the C. A San Bernardino 201 N"E" St. Suite 301 San Bernardino, CA 92401 APN: 0134-251-53 &Por.0134-251-51 and Por.0134-311-37 File No. 15.05-273 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 AND IS DEPICTED ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF CITY OF SAN BERNARDINO By: OP Date: PATRICK J.MORRIS,Mayor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA ) )S.S. COUNTY OF ) On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged 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 1 1 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: (CONVENTION CENTER/EXHIBIT HALL) POR. APN 0134-251-51 & 134-311-37 THAT PORTION OF PARCEL 24 OF PARCEL MAP NO. 688, IN THE CITY OF SAN BERNARDINO, AS PER MAP RECORDED IN BOOK 25 OF PARCEL MAPS, PAGES 47 THROUGH 58, INCLUSIVE, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 22 OF SAID PARCEL MAP NO. 688; THENCE SOUTH 890 55' 49" EAST ALONG THE SOUTH LINE OF SAID PARCEL 22, A DISTANCE OF 39.00 FEET; THENCE LEAVING SAID SOUTH LINE, SOUTH 000 04' 11" WEST, A DISTANCE OF 14.67 FEET; THENCE NORTH 890 55' 49" WEST,A DISTANCE OF 28.62 FEET; THENCE SOUTH OF 00°04' 11" WEST, A DISTANCE OF 108.17 FEET; THENCE SOUTH 89c55' 49"EAST, A DISTANCE OF 0.12 FEET; THENCE SOUTH 000 04' 11" WEST, A DISTANCE OF 27.16 FEET TO THE NORTHEAST CORNER OF PARCEL 26 OF SAID PARCEL MAP NO. 688; THENCE NORTH 890 55' 49" WEST ALONG THE NORTH LINE OF SAID PARCEL 26, A DISTANCE OF 162.88 FEET TO A POINT THAT BEARS SOUTH 890 55' 49" EAST 43.60 FEET FROM THE NORTHWEST CORNER OF SAID PARCEL 26; THENCE LEAVING SAID NORTH LINE, NORTH 000 04' 11" EAST, A DISTANCE OF 15.25 FEET; THENCE NORTH 450 04' I 1"EAST, A DISTANCE OF 11.55 FEET; THENCE NORTH 000 04' 11"EAST, A DISTANCE OF 25.17 FEET; THENCE NORTH 450 04' 11" EAST, A DISTANCE OF 11.79 FEET; THENCE NORTH 000 04' 11" EAST, A DISTANCE OF 70.83 FEET; THENCE NORTH 450 04' 11"EAST, A DISTANCE OF 11.55 FEET; THENCE NORTH 000 04' 11" EAST 14.08 FEET TO A POINT IN THE SOUTH LINE OF PARCEL 21 OF SAID PARCEL MAP NO. 688 THAT BEARS SOUTH 890 55' 49" EAST 68.61 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL 21; THENCE SOUTH 890 55' 49" EAST ALONG THE SOUTH LINE OF SAID PAREL 21 A DISTANCE OF 127.71 FEET TO THE POINT OF BEGINNING. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR ACCESS, STORAGE AND MEETING SPACE, AND ALL APPURTENANCES THERETO, LOCATED ADJACENT TO THE SECOND STORY AREA OF THE ABOVE DESCRIBED CONVENTION CENTER/EXHIBIT HALL, INCLUDING THE RIGHT TO MAINTAIN, REPAIR, CONSTRUCT OR RE-CONSTRUCT ANY APPURTENANT FACILITIES LOCATED THEREIN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 26 OF SAID PARCEL MAP NO. 688; THENCE NORTH 000 04' 11" EAST, A DISTANCE OF 27.16 FEET; THENCE SOUTH 890 55' 49" EAST,A DISTANCE OF 45.25 FEET; THENCE SOUTH 000 04' 11" WEST, A DISTANCE OF 62.17 FEET; THENCE NORTH 89°55' 49" WEST,A DISTANCE OF 15.50 FEET; THENCE SOUTH 000 04' 11" WEST, A DISTANCE OF 9.42 FEET; THENCE NORTH 890 55' 49" WEST,A DISTANCE OF 14.50 FEET; 1 THENCE SOUTH 000 04 11 WEST, A DISTANCE OF 15.58 FEET TO THE NORTH LINE OF PARCEL 28 OF SAID PARCEL MAP NO. 688; THENCE NORTH 890 55' 49" WEST, ALONG SAID NORTH LINE, DISTANCE OF 15.25 FEET; THENCE LEAVING SAID NORTH LINE, NORTH 00° 04' 11" EAST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. GRANTOR RESERVES A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS AND MAINTENANCE AND APPURTENANCES THERETO, ACROSS THE SECOND STORY ROOF AREA OF THE ABOVE DESCRIBED CONVENTION CENTER/EXHIBIT HALL. CONTAINS 22,810 SQUARE FEET, MORE OR LESS, EXCLUSIVE OF EASEMENTS. 3 1 :F PARCEL B (WEST PLAZA) APN 0134-251-53 THAT PORTION OF PARCEL 25 OF PARCEL MAP NO. 688, IN THE CITY OF SAN BERNARDINO AS PER MAP RECORDED IN BOOK 25 OF PARCEL MAPS, PAGE 47 THROUGH 58 INCLUSIVE, RECORDS OF SAN BERNARDINO COUNTY, SATE OF CALIFORNIA, ALSO BEING A PORTION OF THE WEST PORTION OF PLAZA PARCEL AS SHOWN ON SAID PARCEL MAP, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 25, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF PARCEL 21 OF SAID PARCEL MAP NO. 688; THENCE SOUTH 890 55' 49" EAST, ALONG THE NORTH LINE OF SAID PARCEL 25,A DISTANCE OF 68.61 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 00°04' 11" WEST, A DISTANCE OF 14.08 FEET; THENCE SOUTH 450 04' 11" WEST, A DISTANCE OF 11.55 FEET; THENCE SOUTH 000 04' 11" WEST TO THE CENTERLINE OF VACATED THIRD STREET,AS VACATED BY CITY OF SAN BERNARDINO RESOLUTION NO. 10192, RECORDED ON APRIL 6, 1970 IN BOOK 7418, PAGE 963, OFFICIAL RECORDS OF SAID COUNTY; THENCE, WEST, ALONG SAID CENTERLINE, TO THE WEST LINE OF SAID PARCEL 25 AND THE EAST LINE OF"E" STREET, AS DELINEATED ON SAID PARCEL MAP; THENCE NORTH, LEAVING SAID CENTERLINE, ALONG SAID WEST LINE OF PARCEL 25 AND SAID EAST LINE OF "E" STREET, A DISTANCE OF 89.02 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. GRANTOR RESERVES A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS AND MAINTENANCE AND APPURTENANCES THERETO ACROSS AND ABOVE THE PROPERTY HERIN DESCRIBED, INCLUDING PEDESTRIAN WALKWAY/BRIDGE AND STAIRS. CONTAINS 5,519.14 SQUARE FEET, MORE OR LESS. . • I : r MA MA ME SO flo, Gow Por. PARCEL MAP NO. 688 1 P.M. 25 /47-58 1 POB Paad"B^ (21) POB PNWJ"A" I (22) I L1 S 69.66'49•E OW u� S 89'W 49'E 127.71' O — V PARCEL B' (Por.APN 0134-251.51) $ W B (APN 0134-251.63) W PARCEL'A' (25) 3 - - - CA.v.aisan*dSL a pit Bk 7418ft 9A OA g 55.7 (24) (24) 3 I U < naau"A" Ltt $ (25) (Por.0134-311-37) XO d M I Q L7 4 EASEMENT 43.w N 69'56'49•W 162.88' AREA pj POB Ekseme rtArm (Por.APN 0134-311-37) I (24) (2S) (2 6 W LO LINE DATA a L'� LN . . Ln L1t • III E 1529 (28) 7 04'11' NOV . E 25.17 . . 1 L15 Lie I s or or III w ISM 7 NOTE:ALL BEARINGS AND DISTANCES ARE BASED ON THE MAP OF PARCEL MAP NO.688, BOOK 25,PAGES 4M OF PARCEL MAPS, SAN BERNARDIO COUNTY,STATE OF CALIFORNIA TTY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT REAL PROPERTY SECTION PROPOSED SALE OF THE CONVENTION CENTER & POR. OF WEST PLAZA AND GRANTING OF CERTAIN SHEET2oF2 File No. 15.05-273 EASEMENTS TO THE REDEVLOPMENT AGENCY ta' S CAL4TATE MMERWff No Scale 15 k h P Q'Ott 330 L a Marshatt V 210 2ss a Highland Ave. 0 f' d L N L d L + W N O Base Line St. 9th St c 0 5th St. CE 0 i+ Riau.� A V g¢ 15 w Mill St. co e or 210 n �^ Orang Show ° i- o. LOCATION OF CITY PROPERTY TO o BE SOLD TO THE REDEVELOPMENT AGENCY VICINITY MAP CITY OF SAN BERNARDINO PROPOSED SALE OF THE CONVENTION °UBLIC WORKS DEPARTMENT CENTER & P 0 R. OF WEST PLAZA AND REAL PROPERTY SECTION GRANTING OF CERTAIN EASEMENTS TO THE ® indicates un-incorporated REDEVLOPMENT AGENCY areas within City's Sphere of Influence Created by: L-Q�Z/o �Q9Q Date:OB-U(-2010 (Rev.Feb. 2010) SALE AND PURCHASE AGREEMENT THIS AGREEMENT, executed this 18th day of October, 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 TWO MILLION FOUR HUNDRED FORTY-SEVEN THOUSAND DOLLARS ($2,447,000), shall deliver unto BUYER an executed Grant Deed for that certain real property known as the Convention Center, appurtenant parcel to the west and appurtenant easements, generally located west of and adjacent to City Hall, east of "E" Street and south of Court Street, in the City of San Bernardino, (collectively "PROPERTY") being Assessor's Parcel Number (APN) 0134-251-53 and portions of APN 0134-251-51 and APN 0134-311-37, 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. In exchange for the Grant Deed as set forth on Exhibit "A", BUYER shall deliver unto SELLER, funds in the amount of TWO MILLION FOUR HUNDRED FORTY-SEVEN THOUSAND DOLLARS ($2,447,000.00) 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. 4. BUYER and SELLER mutually agree to indemnify, defend and hold harmless the other party of this Agreement, its directors, officers, agents and employees from any and all damages or claims for damages of any nature arising out of this Agreement and the actions to be conducted by the BUYER pursuant to this Agreement. 5. BUYER shall pay all recording fees and title fees, including but not limited to title insurance. 6. SELLER shall also grant to BUYER, certain non-exclusive easements for access, storage and meeting room and appurtenances thereto, as more specifically set forth in said Exhibit"A" 7. SELLER shall also reserve easements for access and maintenance across said PROPERTY, as more specifically set forth in said Exhibit"A". 8. No obligation other than those set forth herein shall be recognized. P:Agendas\Agenda Attachments\Agenda AttachmentsAgrmts-Amend 2010\10-18-10 Convention Center-City Sale and Purchase Agreement.docx SALE AND PURCHASE AGREEMENT — SALE OF CONVENTION CENTER AND APPURTENANT PARCEL TO THE WEST AND APPURTENANT EASEMENTS, GENERALLY LOCATED WEST OF AND ADJACENT TO CITY HALL, EAST OF "E" STREET AND SOUTH OF COURT STREET. IN WITNESS WHEREOF,the parties have executed this Agreement the day and year as set forth above. BUYER: SELLER: Redevelopment Agency City of San Bernardino of the City of San Bernardino a municipal city a public body, corporate and politic Date: Date: By: By: Emil A. Marzullo, Interim Executive Director Charles E. McNeely, City Manager Approved as to Form and Legal Content: Attest: By: By: Agency Counsel Rachel G. Clark, City Clerk Approve as to Form: By: s F. Penman, City Attorney AwAk PAAgendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010\10-18-10 Convention Center-City Sale and Purchase Agreement.docx REQUESTED BY AND WHEN RECORDED MAIL TO: RPaPvelopment Agency of the C -)f San Bernardino 201 N "E" St. Suite 301 San Bernardino, CA 92401 APN: 0134-251-53&Por. 0134-251-51 and Por.0134-311-37 File No. 15.05-273 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 AND IS DEPICTED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF CITY OF SAN BERNARDINO � a a By: i, Date: PATRICK J.MORRIS,Mayor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA ) )S.S. COUNTY OF ) On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged 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 A (CONVENTION CENTER/EXHIBIT HALL) POR. APN 0134-251-51 & 134-311-37 THAT PORTION OF PARCEL 24 OF PARCEL MAP NO. 688, IN THE CITY OF SAN BERNARDINO, AS PER MAP RECORDED IN BOOK 25 OF PARCEL MAPS, PAGES 47 THROUGH 58, INCLUSIVE, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 22 OF SAID PARCEL MAP NO. 688; THENCE SOUTH 890 55' 49" EAST ALONG THE SOUTH LINE OF SAID PARCEL 22, A DISTANCE OF 39.00 FEET; I THENCE LEAVING SAID SOUTH LINE, SOUTH 00° 04' 11" WEST, A DISTANCE OF 14.67 FEET; THENCE NORTH 890 55' 49"WEST,A DISTANCE OF 28.62 FEET; THENCE SOUTH OF 000 04' 11"WEST,A DISTANCE OF 108.17 FEET; THENCE SOUTH 890 55' 49"EAST, A DISTANCE OF 0.12 FEET; THENCE SOUTH 000 04' 11" WEST, A DISTANCE OF 27.16 FEET TO THE NORTHEAST CORNER OF PARCEL 26 OF SAID PARCEL MAP NO. 688; THENCE NORTH 890 55' 49" WEST ALONG THE NORTH LINE OF SAID PARCEL 26, A DISTANCE OF 162.88 FEET TO A POINT THAT BEARS SOUTH 890 55' 49" EAST 43.60 FEET FROM THE NORTHWEST CORNER OF SAID PARCEL 26; THENCE LEAVING SAID NORTH LINE, NORTH 00° 04' 11" EAST, A DISTANCE OF 15.25 FEET; THENCE NORTH 450 04' 11"EAST, A DISTANCE OF 11.55 FEET; THENCE NORTH 000 04' 11" EAST, A DISTANCE OF 25.17 FEET; THENCE NORTH 450 04' 11" EAST,A DISTANCE OF 11.79 FEET; i THENCE NORTH 000 04' 11" EAST, A DISTANCE OF 70.83 FEET; THENCE NORTH 450 04' 11" EAST, A DISTANCE OF 11.55 FEET; 1 THENCE NORTH 000 04' 11" EAST 14.08 FEET TO A POINT IN THE SOUTH LINE OF PARCEL 21 OF SAID PARCEL MAP NO. 688 THAT BEARS SOUTH 890 55' 49" EAST 68.61 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL 21; THENCE SOUTH 890 55' 49" EAST ALONG THE SOUTH LINE OF SAID PAREL 21 A DISTANCE OF 127.71 FEET TO THE POINT OF BEGINNING. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR ACCESS, STORAGE AND MEETING SPACE, AND ALL APPURTENANCES THERETO, LOCATED ADJACENT TO THE SECOND STORY AREA OF THE ABOVE DESCRIBED CONVENTION CENTER/EXHIBIT HALL, INCLUDING THE RIGHT TO MAINTAIN, REPAIR, CONSTRUCT OR RE-CONSTRUCT ANY APPURTENANT FACILITIES LOCATED THEREIN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 26 OF SAID PARCEL MAP NO. 688; THENCE NORTH 000 04' 11"EAST,A DISTANCE OF 27.16 FEET; THENCE SOUTH 890 55' 49" EAST,A DISTANCE OF 45.25 FEET; THENCE SOUTH 000 04' 11"WEST,A DISTANCE OF 62.17 FEET; THENCE NORTH 890 55' 49" WEST,A DISTANCE OF 15.50 FEET; 1 THENCE SOUTH 000 04' 11" WEST,A DISTANCE OF 9.42 FEET; THENCE NORTH 890 55' 49"WEST,A DISTANCE OF 14.50 FEET; r� THENCE SOUTH 000 04' 11" WEST, A DISTANCE OF 15.58 FEET TO THE NORTH LINE OF PARCEL 28 OF SAID PARCEL MAP NO. 688; 1 THENCE NORTH 890 55' 49" WEST, ALONG SAID NORTH LINE, DISTANCE OF 15.25 FEET; THENCE LEAVING SAID NORTH LINE, NORTH 000 04' 11" EAST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. GRANTOR RESERVES A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS AND MAINTENANCE AND APPURTENANCES THERETO, ACROSS THE SECOND STORY ROOF AREA OF THE ABOVE DESCRIBED CONVENTION CENTER/EXHIBIT HALL. CONTAINS 22,810 SQUARE FEET, MORE OR LESS, EXCLUSIVE OF EASEMENTS. 1 1 PARCEL B(WEST PLAZAI APN 0134-251-53 THAT PORTION OF PARCEL 25 OF PARCEL MAP NO. 688, IN THE CITY OF SAN BERNARDINO AS PER MAP RECORDED IN BOOK 25 OF PARCEL MAPS, PAGE 47 THROUGH 58 INCLUSIVE, RECORDS OF SAN BERNARDINO COUNTY, SATE OF CALIFORNIA,ALSO BEING A PORTION OF THE WEST PORTION OF PLAZA PARCEL AS SHOWN ON SAID PARCEL MAP, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 25, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF PARCEL 21 OF SAID PARCEL MAP NO. 688; THENCE SOUTH 890 55' 49"EAST,ALONG THE NORTH LINE OF SAID PARCEL 25,A DISTANCE OF 68.61 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 000 04' 11"WEST, A DISTANCE OF 14.08 FEET; THENCE SOUTH 450 04' 11" WEST,A DISTANCE OF 11.55 FEET; THENCE SOUTH 000 04' 11" WEST TO THE CENTERLINE OF VACATED THIRD STREET,AS VACATED BY CITY OF SAN BERNARDINO RESOLUTION NO. 10192, RECORDED ON APRIL 6, 1970 IN BOOK 7418, PAGE 963, OFFICIAL RECORDS OF SAID COUNTY; THENCE, WEST,ALONG SAID CENTERLINE, TO THE WEST LINE OF SAID PARCEL 25 AND THE EAST LINE OF "E" STREET, AS DELINEATED ON SAID PARCEL MAP; THENCE NORTH, LEAVING SAID CENTERLINE,ALONG SAID WEST LINE OF PARCEL 25 AND SAID EAST LINE OF "E" STREET,A DISTANCE OF 89.02 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. GRANTOR DESERVES A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS AND. MAINTENANCE AND APPURTENANCES THERETO ACROSS AND ABOVE THE PROPERTY HERIN DESCRIBED, INCLUDING PEDESTRIAN WALKWAY/BRIDGE AND STAIRS. CONTAINS 5,519.14 SQUARE FEET, MORE OR LESS. !i 5 j 7 i - -� CAL - COURT STREET - N L0 I Por. PARCEL MAP NO. 688 P.M. 25 l47-58 Pm:21 Por.Par.22 Court Street Parking N Square Lot (Cuffwd owner:RDA) (Cunene Omer:RDA) I (See Sheet 2 far Lot Details and Dimensions E-� W POR• POR. EAST WEST PLA7-A (Current Owner:RDA) (Current PLAZA r: Por.Par.25 68.75' pit') CONVENTION Walkway/Pod.Bridge CENTER Por.Par.25 (Formerly known as City Full w Exhibit Hall) (Cunwd Ownw:City) (Current Owner:City) POR.WEST Por.Par.24 PL_A71�1 Por.Par.24 (Current Owner:RDA) Par.Par.25 w A wn m POR. EAST L)Z 3 PLAZA W (Cunnt Owner:RDA) Hotel z U Poi' Par.25 i (Current oNrtser:Frive6c) Por.Par.26 Parking Structure Parcels to be sold shown es: EXHIBIT B —�sementerea shown as: PROPOSED SALE OF THE CONVENTION CENTER & CITY OF SAN BERNARDINO POR. OF WEST PLAZA AND GRANTING OF CERTAIN PUBLIC WORKS DEPARTMENT EASEMENTS TO THE REDEVLOPMENT AGENCY REAL PROPERTY SECTION CREATm eY: DATE DATE' 4 OF 2 File No. 15.W273 BY: Por. PARCEL MAP NO. 688 I P.M. 25 /47-58 1 II (21) POBPaod"A" I (22)u "B POB Pal " Lt S 8 S W W 4r E 88.d1' 4'S6'49'E 121.71' Q —' ut � 3: PARCEL'S' (Por.APN 0134-251-51) (25 8 (APN 0134-251-b3) w PARCEL'A' CrLVNModl dsL a Bk 7418 883„OA Z 68.75 (24) _ (24) L4 �\1 Detail"A" `12 8 I (25) (Por.0134-311-37) aO a u EASEMENT ® K 8r W 4V w IMW AREA �--- (Por.APN POB Eaaenent Area 0134-311-37) 1 (2 � (24) �� � ((2 (25) L% Lu 4r E s LIT Lit 89*W4r — — — — • (28) . WE L7 ' LB Of III E . . . . L13 Azi� 4 _ -16 ' 7 NOTE:ALL BEARINGS AND DISTANCES ARE BASED ON THE MAP OF PARCEL MAP NO.688, BOOK 25,PAGES 4758 OF PARCEL MAPS, SAN BERNARDIO COLWW,STATE OF 'AUFORNIA iITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT REAL PROPERTY SECTION PROPOSED SALE OF THE CONVENTION CENTER & POR' OF WEST PLAZA AND GRANTING OF CERTAIN SHEET20F2 I Fps No. 15.05-273 EASEMENTS TO THE REDEVLOPMENT AGENCY jd J dr CAL,STATE UNVERSRY 18 No Scale 15 40th S 330 Ln 7 d 0 a Marshall v a Qj 210 3 259 4 Highland Ave. a Y E to L L L 0) Y W W 6 Base Line S t. 9th St C 0 5th St. Rialto Av a f¢ 15 0 0 Mill St. d U 210 0) oa O. Orang Show i- o. LOCATION OF CITY PROPERTY TO' BE SOLD TO THE REDEVELOPMENT AGENCY �fEG�hC[TY MAP CIT!Y C`P S� BERNART)II�O PROPOSED SALE OF THE CONVENTION :T�LIC WORKS DEPAR'T`MENT CENTER & POR. OF WEST PLAZA AND REAL PROPERTY SECTION GRANTING OF CERTAIN EASEMENTS TO THE indicates un-incorporated REDEVLOPMENT AGENCY ® areas within City's Sphere of Influence Created by: j-Q3Z10 FOga"y I Date:o8-cG wio (Rev.Feb. 2010) REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO "CERTIFICATE OF ACCEPTANCE" This is to certify that the beneficial interest in real property commonly known as: The Convention Center, San Bernardino, California (APNs: 0134-251-53 and portions of APN 0134- 251-51 and 0134-311-37), conveyed by the Grant Deed dated 2010, from the City of San Bernardino, a municipal corporation (Grantor), to the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (Grantee), is hereby accepted, as approved by the Community Development Commission, the governing body of the Redevelopment Agency of the City of San Bernardino, on , 2010, and the Grantee consents to recordation thereof by its duly authorized officer. By: Date: Emil A. Marzullo, Interim Executive Director P.\Agendas�Agenda Attachments\Exhibits\2010\10-18-10 RDA Certificate of Acceptance-Convention Center Purchase and Sale.docx REQUES' ED BY AND WHEN RECORDED MAIL TO: development Agency of the of San Bernardino 201 N "E" St. Suite 301 San Bernardino, CA 92401 APN: 0134-251-53&Por.0134-251-51 and Por. 0134-311-37 File No. 15.05-273 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 AND IS DEPICTED ON EXHIBIT"B"ATTACHED HERETO AND MADE A PART HEREOF 0 CITY OF SAN BERNARDINO Date: By' PATRICK J.MORRIS,Mayor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA ) )S.S. COUNTY OF ) On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged 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 A: (CONVENTION CENTER/EXHIBIT HALL) POR. APN 0134-251-51 & 134-311-37 THAT PORTION OF PARCEL 24 OF PARCEL MAP NO. 688, IN THE CITY OF SAN BERNARDINO, AS PER MAP RECORDED IN BOOK 25 OF PARCEL MAPS, PAGES 47 THROUGH 58, INCLUSIVE, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 22 OF SAID PARCEL MAP NO. 688; THENCE SOUTH 890 55' 49" EAST ALONG THE SOUTH LINE OF SAID PARCEL 22, A DISTANCE OF 39.00 FEET; THENCE LEAVING SAID SOUTH LINE, SOUTH 000 04' 11" WEST, A DISTANCE OF 14.67 FEET; THENCE NORTH 890 55' 49"WEST,A DISTANCE OF 28.62 FEET; THENCE SOUTH OF 000 04' 11"WEST, A DISTANCE OF 108.17 FEET; THENCE SOUTH 890 55' 49"EAST, A DISTANCE OF 0.12 FEET; THENCE SOUTH 000 04' 11" WEST, A DISTANCE OF 27.16 FEET TO THE NORTHEAST CORNER OF PARCEL 26 OF SAID PARCEL MAP NO. 688; THENCE NORTH 890 55' 49" WEST ALONG THE NORTH LINE OF SAID PARCEL 26, A DISTANCE OF 162.88 FEET TO A POINT THAT BEARS SOUTH 89°55' 49" EAST 43.60 FEET FROM THE NORTHWEST CORNER OF SAID PARCEL 26; THENCE LEAVING SAID NORTH LINE, NORTH 000 04' 11" EAST, A DISTANCE OF 15.25 FEET; THENCE NORTH 450 04' 11"EAST, A DISTANCE OF 11.55 FEET; THENCE NORTH 000 04' 11"EAST, A DISTANCE OF 25.17 FEET; THENCE NORTH 450 04' 11"EAST, A DISTANCE OF 11.79 FEET; THENCE NORTH 00° 04' 11"EAST, A DISTANCE OF 70.83 FEET; THENCE NORTH 450 04' 11"EAST,S , A DISTANCE OF 11.55 FEET; r THENCE NORTH 000 04' 11" EAST 14.08 FEET TO A POINT IN THE SOUTH LINE OF PARCEL 21 OF SAID PARCEL MAP NO. 688 THAT BEARS SOUTH 890 55' 49" EAST 68.61 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL 21; THENCE SOUTH 890 55' 49" EAST ALONG THE SOUTH LINE OF SAID PAREL 21 A DISTANCE OF 127.71 FEET TO THE POINT OF BEGINNING. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR ACCESS, STORAGE AND MEETING SPACE, AND ALL APPURTENANCES THERETO, LOCATED ADJACENT TO THE SECOND STORY AREA OF THE ABOVE DESCRIBED CONVENTION CENTER/EXHIBIT HALL, INCLUDING THE RIGHT TO MAINTAIN, REPAIR, CONSTRUCT OR RE-CONSTRUCT ANY APPURTENANT FACILITIES LOCATED THEREIN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 26 OF SAID PARCEL MAP NO. 688; THENCE NORTH 000 04' 11" EAST, A DISTANCE OF 27.16 FEET; THENCE SOUTH 890 55' 49" EAST, A DISTANCE OF 45.25 FEET; THENCE SOUTH 000 04' 11"WEST,A DISTANCE OF 62.17 FEET; THENCE NORTH 890 55' 49"WEST, A DISTANCE OF 15.50 FEET; THENCE SOUTH 000 04' 11"WEST, A DISTANCE OF 9.42 FEET; THENCE NORTH 890 55' 49" WEST, A DISTANCE OF 14.50 FEET; THENCE SOUTH 000 04' 11" WEST, A DISTANCE OF 15.58 FEET TO THE NORTH LINE OF PARCEL 28 OF SAID PARCEL MAP NO. 688; THENCE NORTH 890 55' 49" WEST, ALONG SAID NORTH LINE, DISTANCE OF 15.25 FEET; THENCE LEAVING SAID NORTH LINE, NORTH 000 04' 11" EAST, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. GRANTOR RESERVES A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS AND MAINTENANCE AND APPURTENANCES THERETO, ACROSS THE SECOND STORY ROOF AREA OF THE ABOVE DESCRIBED CONVENTION CENTER/EXHIBIT HALL. CONTAINS 22,810 SQUARE FEET, MORE OR LESS, EXCLUSIVE OF EASEMENTS. I i r PARCEL B (WEST PLAZA) w APN 0134-251-53 THAT PORTION OF PARCEL 25 OF PARCEL MAP NO. 688, IN THE CITY OF SAN BERNARDINO AS PER MAP RECORDED IN BOOK 25 OF PARCEL MAPS, PAGE 47 THROUGH 58 INCLUSIVE, RECORDS OF SAN BERNARDINO COUNTY, SATE OF CALIFORNIA, ALSO BEING A PORTION OF THE WEST PORTION OF PLAZA PARCEL AS SHOWN ON SAID PARCEL MAP, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 25, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF PARCEL 21 OF SAID PARCEL MAP NO. 688; THENCE SOUTH 890 55' 49"EAST, ALONG THE NORTH LINE OF SAID PARCEL 25, A DISTANCE OF 68.61 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 000 04' 11"WEST, A DISTANCE OF 14.08 FEET; THENCE SOUTH 450 04' 11" WEST, A DISTANCE OF 11.55 FEET; THENCE SOUTH 000 04' 11"WEST TO THE CENTERLINE OF VACATED THIRD STREET, AS VACATED BY CITY OF SAN BERNARDINO RESOLUTION NO. 10192, RECORDED ON APRIL 6, 1970 IN BOOK 7418, PAGE 963, OFFICIAL RECORDS OF SAID COUNTY; THENCE, WEST, ALONG SAID CENTERLINE, TO THE WEST LINE OF SAID PARCEL 25 AND THE EAST LINE OF `B" STREET, AS DELINEATED ON SAID PARCEL MAP; THENCE NORTH, LEAVING SAID CENTERLINE, ALONG SAID WEST LINE OF PARCEL 25 AND SAID EAST LINE OF `B" STREET, A DISTANCE OF 89.02 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. GRANTOR RESERVES A NON-EXCLUSIVE EASEMENT FOR PUBLIC ACCESS AND MAINTENANCE AND APPURTENANCES THERETO ACROSS AND ABOVE THE PROPERTY HERIN DESCRIBED, INCLUDING PEDESTRIAN WALKWAY/BRIDGE AND STAIRS. CONTAINS 5,519.14 SQUARE FEET, MORE OR LESS. - C/L - COURT STREET - N Ui I Por. PARCEL MAP NO. 688 P.M. 25 /47-58 Par. 21 Por. Par. 22 Court Street Parking N Square Lot (Current Owner: RDA) (Current Owner:RDA) (See Sheet Z for Lot Details and Dimensions) W POR. WEST POR. EAST PLAZA PLAZA (Current Owner:RDA) (Current Owner: Por. Par. 25 68.75' city) CONVENTION Walkway/Ped. Bridge - — — — CENTER Por. Par. 25 (Formerly known as City Hall wExhibit Hall) (Current Owner:City) (Current Owner:City) POR. WEST Por. Par. 24 PLAZA Por. Par. 24 (Current Owner:RDA) Por. Par. 25 ui POR. EAST PLAZA (Current Owner-.RDA) Hotel z U Por. Par. 25 (Current Owner: Private) Por. Par. 26 LEGEND: Parking Structure Parcels to be sold shown as:® EXHIBIT B (Current Owner:RDA) Por. Par. 28 Easement area shown as: E=1 PROPOSED SALE OF THE CONVENTION CENTER & iTY OF SAN BERNARDINO POR. OF WEST PLAZA AND GRANTING OF CERTAIN Put3LIC WORKS DEPARTMENT EASEMENTS TO THE REDEVLOPMENT AGENCY REAL PROPERTY SECTION CREATED BY DATE.! D SHEET 1 OF 2 File No. 15.05-273 CHECKED By i I DATE: t i1 Por. PARCEL MAP NO. 688 1 P.M. 25 /47-58 1 POB Parcel "B" (�1) POB Parcel "A" ( (22 I L1 S 89°55'49°E 68.61' S 89°55'49"E 127.71' — u t L2 L10 L3 NI N PARCEL"B" (Por. APN 0134-251-51) rn m ° w `° (APN 0134-251-53) � (25) C) w PARCEL"A" ° W (25) — — — C/L Vacated Third St. per 8k.7418/P g.963,O.R. o 0 68.75' CO (24) (24) 9 � �\ � L9 / L4 N N QNJ I L8 �;� Detail "A" L1 z I (25) (Por. 0134-311-37) (no scale) L7 LS EASEMENT L6 N 89°55'49"W 162.88' AREA cli 1 43.60 POB Easement Area (Por. APN 0134-311-37) CD CD I (26) ° (24) o (25) w L13 LINE DATA �0 L5 L14 L1 " o 0 L2 z L16 L3 L1' L4 - - - - L5 " W 27,16' L6 " (28) L7 N 45* L8 N 00* L9 N 45* L10 L11 L12 L13 N 9* L14 ' L15 - L16 - L17 NOTE: ALL BEARINGS AND DISTANCES ARE BASED ON THE MAP OF PARCEL MAP NO. 688, BOOK 25, PAGES 47-58 OF PARCEL MAPS, SAN BERNARDIO COUNTY, STATE OF CALIFORNIA '„TTY OF SAN BERNARDINO Pt,..,LIC WORKS DEPARTMENT REAL PROPERTY SECTION PROPOSED SALE OF THE CONVENTION CENTER & POR. OF WEST PLAZA AND GRANTING OF CERTAIN SHEET 2 OF 2 File No. 15.05-273 EASEMENTS TO THE REDEVLOPMENT AGENCY