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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM: Gary Van Osdel SUBJECT: MT VERNON CORRIDOR
Executive Director ? , , REDEVELOPMENT PROJECT AREA
PLAN AMENDMENT-EMINENT
DATE: July 27,2000 L DOMAIN
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Synopsis of Previous Commission/Council/Committee Action(s):
On July 13,2000,the Redevelopment Committee recommended that this item be sent to the Community Development
Commission for approval.
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Recommended Motion(s):
(Community Development Commission)
MOTION: That the Community Development Commission authorize the Executive Director to
prepare a plan amendment to extend eminent domain in the Mt. Vernon Corridor
Redevelopment Project Area.
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Contact Person(s): Gary Van Osdel/ Phone: 663-1044
Project Area(s) Mount Vernon Corridor Ward(s): One(1)
Supporting Data Attached: ❑x Staff Report❑Resolution(s)❑Agreement(s)/Contract(s)❑Map(s) ❑Letter/Memo
FUNDING REQUIREMENTS Amount: $ Source:
Budget Authority:
Al
SIGNATURE: l
Gary V n Osdel,Executi a ector
Economic Development Ag ncy
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Commission/Council Notes:
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GVO:lag:08-07-00 Mt Vernon COMMISSION MEETING AGENDA
Meeting Date: 08/07/2000
Agenda Item Number:
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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Mt Vernon Corridor Redevelopment Project Area Plan Amendment - Eminent Domain
Background
At the Redevelopment Committee meeting of October 21, 1999, a discussion was held regarding
amending the Agency's existing Redevelopment Project Areas to extend the ability to use
eminent domain when necessary. The Committee was advised that the power of eminent domain
had expired in all project areas but Mt. Vernon. As a consequence, the Committee directed staff
to evaluate the need to re-establish the power of eminent domain in selected project areas. Staff
and Special Counsel surveyed each project area considering the need and potential for future
development. Based upon that survey, it was recommended that the following project areas be
considered for amendment to extend the power of eminent domain:
■ Central City North - The Entire Project Area
■ Uptown - The Entire Project Area
■ Central City East - The Entire Area, Except Government Buildings
■ Meadowbrook- The Entire Area Project Area
■ Central City South - The Entire Project Area
At that time, the Community Development Commission was advised that the amendment process
involves noticing the affected property owners, drafting and circulating amendment language and
conducting noticed public hearings. Furthermore, the Commission was advised that the costs
associated with the process are mostly related to securing a list of affected property owners,
mailing notices and conducting the hearings. It was recommended the hearings be conducted
simultaneously to economize on cost. Total cost was estimated not to exceed $50,000.
On January 24, 2000, the Community Development Commission authorized the Executive
Director to prepare plan amendments to reinstate eminent domain in those project areas
recommended by the Committee. Pursuant to this authorization, staff has identified all
commercial and industrial properties within each area for purposes of segregating out residential
uses, thereby eliminating the requirement for project area committees. Staff is currently
conducting fieldwork to verify land uses prior to preparing the necessary environmental findings.
According to Agency Counsel, once the environmental findings are made regarding the proposed
amendments, the amending process will take approximately 120 days.
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GVO:1ag:08-07-00 Mt Vernon COMMISSION MEETING AGENDA
Meeting Date: 08/07/2000
Agenda Item Number: .43A
Economic Development Agency Staff Report
Mt Vernon Corridor- Eminent Domain
July 26, 2000
Page Number-2-
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Current Issue
In as much as the Agency will lose its powers of eminent domain in the Mt. Vernon Corridor
Redevelopment Project Area as of June of 2002, Councilwoman Estrada has asked that
consideration be given to amending the Redevelopment Plan for the area to extend such powers
beyond the June 2002 date.
Fiscal Impact
Cost to be included within the $50,000 estimated cost for amending the five projects previously
recommended for amendments.
Recommendations
That the Community Development Commission authorize the Executive Director to prepare a
plan amendment to extend eminent domain in the Mt. Vernon Corridor Redevelopment Project
Area.
A .�
Gary Ydn Osdel, Executive Director
Economic Development Agency
GV0:1ag:08-07-00 Mt Vernon COMMISSION MEETING AGENDA
Meeting Date: 08/07/2000
Agenda Item Number: R��
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM: Gary Van Osdel, SUBJECT: Pearlman/Hopkins Project—Designation
Executive Director p ` ' of Lead Agency for CEQA
Implementation
DATE: July 28,2000
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Synopsis of Previous Commission/Council/Committee Action(s):
On July 12, 1999,the Commission approved a cooperation agreement with the Inland Valley Development Agency that
authorized the City RDA to conduct redevelopment activities in the area north of the I-10 freeway,between Orchard
Drive and Ferree Street.
On July 22, 1999, the RDA Committee authorized staff to give property owners in the study area notice of owner
participation opportunities.
On November 1, 1999,the Commission adopted Resolution No. 1999-41 authorizing execution of a Redevelopment
Planning and Participation Agreement with the Pearlman/Hopkins development team.
On May 15,2000,the Commission adopted Resolution No.2000-11 authorizing execution of Amendment No. 1 to the
Redevelopment Planning and Participation Agreement with Pearlman/Hopkins. In addition,the Commission authorized
contracts with LSA Associates for environmental services and traffic studies.
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Recommended Motion(s):
(Mayor and Common Council)
MOTION A: That the City Council authorize and ratify the Mayor's execution of the Designation Of Lead Agency
Agreement by and Among the Inland Valley Development Agency the City of San Bernardino and the
Redevelopment Agency of the City of San Bernardino.
(Communily Development Commission)
MOTION B: That the Community Development Commission authorize and ratify the Executive Director's execution
of the Designation Of Lead Agency Agreement by and Among the Inland Valley Development Agency
_—__-the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino__..................
i Contact Person(s): Gary Van Osdel/John Hoeger Phone: 663-1044
Project Area(s) IVDA Ward(s): Third
Supporting Data Attached: El Staff Report❑Resolution(s) ❑Agreement(s)/Contract(s)❑Map(s)❑Letter/Memo
FUNDING REQUIREMENTS Amount: $ None Source: N/A
Budget Authority: N/A
SIGNATURE: /.111
V Osdel,Executive irector
Eco mic Development Agency
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Commission/Council Notes:
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GVO:REW:JBH:lag:08-07-00 Tippecanoe COMMISSION MEETING AGENDA
Meeting Date: 08/07/2(000
Agenda Item Number:
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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Pearlman/Hopkins Project—Designation of Lead Agency for CEQA Implementation
BACKGROUND
Previously, Inland Valley Development Agency (IVDA) has delegated authority to the City and
Agency to undertake a development project (Pearlman/Hopkins Project) on the Northeast corner
of I-10 and Tippecanoe Ave. Negotiations have progressed to the point of preparing
environmental documents.
A lead agency must be designated for evaluating environmental impacts. Because IVDA has
authorized the City and Agency to undertake the project, it is appropriate that IVDA also
designate the City and Agency as lead agencies under the California Environmental Quality Act
(CEQA).
On June 5, 2000, the Community Development Commission authorized the Executive Director
to file a request that the Inland Valley Development Agency designate the City of San
Bernardino and the Redevelopment Agency of the City of San Bernardino as lead agencies for
processing, authorizing and filing California Environmental Quality Act and National
Environmental Protection Act documents for the Pearlman/Hopkins Project.
On June 9, 2000, the Executive Director filed a request with the IVDA that they designate the
City as lead agency for purposes of carrying out the provisions of CEQA with respect to the
Pearlman/Hopkins Project.
CURRENT ISSUE
On June 14, 2000, the IVDA Board of Directors adopted a resolution approving an agreement by
and among the IVDA, the City of San Bernardino and the RDA designating the City as lead
agency for processing and filing CEQA documents for the Pearlman/Hopkins Project.
Subsequent to receipt of the signed agreement from IVDA, the agreement was executed by the
Mayor on behalf of the City and executed by the Executive Director on behalf of the
Redevelopment Agency.
At this time it has been pointed out by the City Attorney that the Commission's action of June 5,
2000, regarding this matter, did not include authorization for either the Mayor or Executive
Director to execute this agreement.
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GVO:REW:JBH:lag:08-07-00 Tippecanoe COMMISSION MEETING AGENDA
Meeting Date: 08/07/2000
Agenda Item Number: —kw
Economic Development Agency Staff Report
Pearlman Hopkins Project
July 31, 2000
Page Number-2-
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FISCAL IMPACT
This action does not have a direct financial impact other than allowing the project to proceed.
The Commission previously took action on May 15, 2000 to award a contract for professional
services to prepare the environmental documents. By previous Commission action, the
Developer is under contract to provide the funds for the environmental work.
RECOMMENDATION
That the Mayor and Common Council and Community Development Commission authorize and
ratify the execution of the Designation Of Lead Agency Agreement by and Among the Inland
Valley Deve72- ency the City of San Bernardino and the Redevelopment Agency of the
City of S By the ayor and Executive Director.
f'
l
Gary V sdel, Executi4 Director
Develldpment Department
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GVO:REW:JBH:lag:08-07-00 Tippecanoe COMMISSION MEETING AGENDA
Meeting Date: 08/07/2000
Agenda Item Number: *R31—
2000
DESIGNATION OF LEAD AGENCY AGREEMENT
BY AND AMONG THE
INLAND VALLEY DEVELOPMENT AGENCY,
THE
CITY OF SAN BERNARDINO
AND THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
Dated as of ' 2000
CSBO/0006/DOC/1012
6/7/00 230 drh
DESIGNATION OF LEAD AGENCY AGREEMENT
This Designation of Lead Agency Agreement dated as of _, 2000 (the
"Agreement") is entered into by and among the Inland Valley Development Agency, a public entity
established pursuant to a joint exercise of powers agreement under Government Code Section 6500
et seq. (the "IVDA"), the City of San Bernardino, a charter city(the"City") and the Redevelopment
Agency of the City of San Bernardino, a public body corporate and politic (the "Agency").
RECITALS
WHEREAS,the Inland Valley Development Agency("IVDA")has been established
pursuant to a joint exercise of powers agreement in January 1990, for the purpose of assisting in the
conversion, redevelopment and civilian reuse of the former Norton Air Force Base ("NAFB")
located within the City of San Bernardino; and
WHEREAS, the member governmental entities of the IVDA include the County of
San Bernardino (the "County"), the City, the City of Loma Linda and the City of Colton; and
WHEREAS, the IVDA has been granted specific powers by the State Legislature
(Stats. 1989 c. 545 and See Now Stats 1997, c. 580 and Health and Safety Code Section 33492.40)
to assist in the redevelopment of NAFB and the lands in proximity thereto pursuant to the
Community Redevelopment Law(Health and Safety Code Section 33000 et seq.) (the "CRL"); and
WHEREAS, the IVDA has adopted the Redevelopment Plan for the Inland Valley
Redevelopment Project Area(the "Redevelopment Plan") in accordance with the provisions of the
CRL; and
WHEREAS, the Redevelopment Plan provides for certain redevelopment activities
to be undertaken within the redevelopment project area as more fully described in the
Redevelopment Plan (the "Project Area"); and
WHEREAS, approximately eighty percent (80%) of the Project Area is situated
within the territorial jurisdiction of the City; and
WHEREAS, the IVDA has entered into that certain Redevelopment Cooperation
Agreement dated as of July 12, 1999 (the "Cooperation Agreement") with the City and with the
Redevelopment Agency of the City of San Bernardino(the"Agency")with respect to redevelopment
activities in the portion of the Project Area bounded as follows: the I-10 Freeway on the south, the
western right-of-way line of Ferree Street on the east, northerly to the south right-of-way line of
Coulston Street, westerly to the center line of Tippecanoe Avenue, southerly to the boundary of the
Tri-City Redevelopment Project Area, westerly along the boundary of the Tri-City Redevelopment
CSBO/0006/DOC/1012
6/7/00 230 drh I
Project Area to the boundary of the Tri-City Redevelopment Project Area located within Orchard
Drive and southerly along the boundary line of the Tri-City Redevelopment Project Area to the I-10
Freeway, as more fully depicted in Exhibit "A" attached hereto (the "Cooperation Agreement
Area"); and
WHEREAS, pursuant to the Cooperation Agreement, the IVDA has granted to the
City and the Agency the right, power and authority to act for and on behalf of the IVDA for the
purpose of exercising all redevelopment powers legally available to the IVDA as set forth in the
Redevelopment Plan and the CRL with respect to the lands and property situated within the
Cooperation Agreement Area, including but not limited to the right to acquire and dispose of real
and personal property, sue and be sued, enter into agreements and undertake such other actions as
appropriate to the intent of the Cooperation Agreement(the"Cooperation Agreement Project"); and
WHEREAS, Section 15050 of the Guidelines for Implementation of the California
Environmental Quality Act(the "CEQA Guidelines") provides that where a project is to be carried
out or approved by more than one public agency, one public agency (the "Lead Agency") shall be
responsible for preparing an Environmental Impact Report or Negative Declaration for the project;
and
WHEREAS, Section 15051 of the CEQA Guidelines provides that where there are
two or more public agencies with a substantial claim to be the Lead Agency,the public agencies may
by agreement designate an agency as the Lead Agency.
NOW,THEREFORE,THE INLAND VALLEY DEVELOPMENT AGENCY,THE
CITY OF SAN BERNARDINO AND THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO DO HEREBY MUTUALLY AGREE AS FOLLOWS:
Section 1. Recitals. The parties acknowledge and agree that the recitals as set
forth above are accurate and correct in all respects.
Section 2. Designation of City as Lead Agency. In accordance with the CEQA
Guidelines, the parties hereto agree that the City shall be the Lead Agency for the Cooperation
Agreement Project.
Section 3. Agency Assumption of Costs. The parties intend, and the
Agency hereby agrees, that the Agency shall bear all costs and expenses in connection with the
preparation by the City as Lead Agency of all environmental documentation required in connection
with the Cooperation Agreement Project.
Section 4. Entire Agreement of the Parties. This Agreement represents the entire
agreement by and among the IVDA,the City and the Agency with respect to the designation of the
Lead Agency for the Cooperation Agreement Project.
CSBO/0006/DOC/1012
6/7/00 230 drh 2
Section 5. Approval and Effective Date of Agreement. This Agreement has been
duly approved and authorized for execution and delivery by the governing board of the IVDA, by
the Mayor and Common Council on behalf of the City and by the Community Development
Commission on behalf of the Agency, and this Agreement has been duly executed and delivered by
the parties hereto. This Agreement may be executed in counterparts and when fully executed by the
parties it shall be effective for all purposes as of the date set forth in the introductory paragraph.
CSBO/0006/DOC/1012
6/7/00 230 drh 3
THIS AGREEMENT HAS BEEN DULY EXECUTED BY THE AUTHORIZED
REPRESENTATIVES OF THE PARTIES HERETO AS SET FORTH BELOW.
INLAND VALLEY DEVELOPMENT AGENCY
By:
Date: cv Co- hair
By:
Co-Chair
(SEAL) \
ATTEST:
I
lerk of the t rd
Approved as to Form:
General Cou s 1
CSBO/0006/DOC/1012
6/7/00 230 drh 4
REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNA INO
Date: By:
Exec rve Director
(SEAL)
ATTEST:
Secretar
Approved as to Form:
Agency Counsel
I
CSBO/0006/DOC/1012
6/7/00 230 drh 5
CITY O AN BERNARDINO
i
By: dZr.4
Date: ayor
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
CSBO/0006/DOC/1012
6/7/00 230 drh 6
EXHIBIT "A"
Cooperation Agreement Area
CSBO/0006/DOC/1012
6/7/00 230 drh 7
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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM: Gary Van Osdel SUBJECT: AMENDMENT TO EXCHANGE
Executive Director OR,
AGREEMENT WITH THE
@ p DEPARTMENT OF GENERAL
DATE: August 1,2000 SERVICES OF THE STATE OF
CALIFORNIA
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Synopsis of Previous Commission/Council/Committee Action(s):
On January 4, 1996,the Agency and the Department of General Services entered into that certain Construction Project
Management,Operating and Development Agreement for the construction of the Caltrans Office Building and Parking
Facility.
On May 21, 1999,the Agency and the Department entered into the Exchange Agreement which provided the
Department a credit of Two Million Three Hundred Six Thousand Four Hundred Ninety Seven Dollars and Sixty One
Cents($2,306,497.61)towards the option to purchase the Phase II Site.
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Recommended Motion(s):
(Community Development Commission)
MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
AMENDMENT TO THAT CERTAIN EXCHANGE AGREEMENT WITH THE DEPARTMENT OF
GENERAL SERVICES
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Contact Person(s): Gary Van Osdel Phone: 663-1044
Project Area(s) Central City Project(CC) Ward(s): One(1)
Supporting Data Attached: 0 Staff Report Ci Resolution(s)0 Agreement(s)/Contract(s) ❑ Map(s) ❑Letter/Memo
FUNDING REQUIREMENTS Amount: $ N/A Source: N/A
Budget Authority: N/A
SIGNATURE: .'Z-7
z �-7- "�Z- ,,'/
ary V sdel,Execu i e Di ctor
Econorfiic Development Agency
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Commission/Council Notes:
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GVO:lag:08-07-00 Exchange Agmt COMMISSION MEETING AGENDA
Meeting Date: 08/07/2000
Agenda Item Number: R35'
J
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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Amendment to Exchange Agreement with the
Department of General Services of the State of California
BACKGROUND
The Agency, the Department of General Services of the State of California (the "Department")
and the Department of Transportation ("Caltrans") entered into a Construction Project
Management, Operating and Development Agreement (Caltrans Office Building and Parking
Facility) (the "Construction Project Management Agreement") which governs the use and
disposition of certain property described as the Phase I Site (the "Phase I Site") and the Phase II
Site (the "Phase II Site").
Under the Construction Project Management Agreement the option purchase price for the Phase
II Site was Two Million Six Hundred Eighty One Thousand Five Hundred Dollars ($2,681,500).
On May 21, 1999, the Agency and the Department entered into the Exchange Agreement which
provided the Department a credit of Two Million Three Hundred Six Thousand Four Hundred
Ninety Seven Dollars and Sixty One Cents ($2,306,497.61) towards the option to purchase the
Phase II Site. Due to the credit provided, the Agency granted the Department fee title to the
Phase II Site pursuant to a Quitclaim Deed.
The remaining balance of the option purchase price, Three Hundred Seventy Five Thousand Two
Dollars and Thirty Nine Cents ($375,002.39) is still due, and is to be paid from the proceeds of
the sale or transfer of the State office Building located at the 303 West Third Street, San
Bernardino, California, (the "303 Building").
CURRENT ISSUE
The Department is now prepared to sell the 303 Building. The proceeds of the sale are required
to be applied first, to the payment of the remaining balance of the Phase I Site, and, if the
purchase price for the Phase I Site has been paid in full, to the Phase II Site.
There are certain financing criteria involved in the sale of the 303 Building which require that the
sales price be reduced in order to complete the sale. The Department has requested that the
Agency apply a credit to the Phase I Site in an amount equal to the reduction in the sales price of
the 303 Building. The sale of the 303 Building will cause further development within the
Agency's Downtown Redevelopment Project Area as contemplated by the Construction Project
Management Agreement. Thus, Agency staff has caused the preparation of an Amendment to
Exchange Agreement, which provides for such credit.
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GVO:lag:08-07-00 Exchange Agmt COMMISSION MEETING AGENDA
Meeting Date: 08/07/2000
Agenda Item Number: 350'
Economic Development Agency Staff Report
Exchange Agreement
August 1, 2000
Page Number-2-
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I
FISCAL IMPACT
A reduction of$200,000 in the remaining balance owed to Agency by the State for the purchase
of the Phase I Site of the Superblock.
RECOMMENDATION
That the Community Development Commission adopt the attached Resolution.
r
r
G ry V/addsiIQ
Executive Director
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GVO:Iag:08-07-00 Exchange Agmt COMMISSION MEETING AGENDA
Meeting Date: 088/07/2000
Agenda Item Number: n35-
17
1 RESOLUTION NO.
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AUTHORIZING AN AMENDMENT TO THAT CERTAIN EXCHANGE AGREEMENT
4 WITH THE DEPARTMENT OF GENERAL SERVICES
5
6 WHEREAS, the Redevelopment Agency of the City of San
7 Bernardino (the "Agency") is organized and existing under the
Community Development Law (Health and Safety Code Section 33000, et
8
s_ga. ) and is authorized thereunder to enter into agreements for the
9
10 disposition of property in order to carry out its redevelopment
purposes; and
11
12
WHEREAS, the Agency, Department of General Services of the
13
14 State of California (the "Department" ) and the Department of
Transportation ("Caltrans" ) entered into that certain Construction
15
16 Project Management, Operating and Development Agreement (Caltrans
17 Office Building and Parking Facility) (the "Construction Project
18 Management Agreement") which governs the use and disposition of
certain property described on Exhibit "A-1" of the Construction
19
Project Management Agreement as the Phase I Site (the "Phase I Site" )
20
21 and another parcel of property described on Exhibit "A-2" of the
22 Construction Project Management Agreement as the Phase II Site (the
"Phase II Site" ) ; and
23
24
25 WHEREAS, under the Construction Project Management Agreement
26 the option purchase price for the Phase II Site was Two Million Six
27 Hundred Eighty One Thousand Five Hundred Dollars ($2, 681, 500) ; and
28
1
I WHEREAS, on or about May 21, 1999, the Agency and the
2 Department entered into the Exchange Agreement which provided the
3 Department a credit of Two Million Three Hundred Six Thousand Four
4 Hundred Ninety Seven Dollars and Sixty One Cents ($2, 306, 497 . 61)
5 towards the option to purchase the Phase II Site; and
6
7 WHEREAS, due to the credit provided, the Agency granted the
8 Department fee title to the Phase II Site pursuant to a Quitclaim
9 Deed; and
10
11 WHEREAS, the remaining balance of the option purchase price,
12 Three Hundred Seventy Five Thousand Two Dollars and Thirty Nine Cents
13 ($375, 002 . 39) (the "Remaining Option Purchase Price" ) , is still due
14 and outstanding, and is to be paid from the proceeds of the sale or
15 transfer of the existing State Office Building located at 303 W. Third
16 Street, San Bernardino, California, (the "303 Building" ) ; and
17
18 WHEREAS, the Department is prepared to sell the 303 Building
19 and thus, as provided in the Exchange Agreement, the proceeds of the
20 sale (the "Net Sales Proceeds" ) are required to be applied first, to
21 the payment of the remaining balance of the Phase I Site, and, if such
22 purchase price for the Phase I Site has been paid in full, to the
23 Phase II Site as provided in the Construction Project Management
24 Agreement; and
25
26 WHEREAS, there are certain financing criteria involved in
27 the sale of the 303 Building which require that the sales price be
28 reduced in order to complete the sale; and
2
1
2 WHEREAS, the Department has requested that the Agency -apply
3 a credit to the Phase I Site in an amount equal to the reduction in
4 the sales price of the 303 Building; and
5
WHEREAS, the Agency desires to assist the Department by
I 6
7 providing such credit at this time and thus has caused the preparation
8 of an Amendment to Exchange Agreement ( the "Amendment" ) , a draft of
9 which is on file with the Secretary of the Agency.
I
10
11 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION, ACTING
12 ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,
13 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS :
14
Section 1 . Approval of Amendment. The Agency hereby
15
16 approves the form of Amendment presently on file with the Secretary
17 together with any changes or additions thereto as may be approved by
18 the Chairman or Executive Director and as necessary to incorporate
19 certain terms and conditions when such terms and conditions have been
20 ascertained. The Agency hereby further authorizes and directs that
21 the form of Exchange Agreement presently on file with the Secretary be
22 converted into the final form thereof, together with such changes or
I
23 modifications as deemed necessary or desirable by the Chairman or
24 Executive Director of the Agency upon the recommendation of Counsel .
25 The Agency authorizes the Chairman or Executive Director to extend the
26 date to conclude the sale of the 303 Building to no later than
27 December 30, 2000, as necessary. The Chairman, Vice-Chairman, or
28 Executive Director or such other authorized officer of the Agency is
3
I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING AN
2 AMENDMENT TO THAT CERTAIN EXCHANGE AGREEMENT WITH THE DEPARTMENT OF
GENERAL SERVICES
3
4 hereby authorized and directed to execute and deliver the final form
5 of the Exchange Agreement when the same has been prepared and to do
6 any and all things and take any and all action which they deem
7 necessary to carry out the transactions contemplated herein.
8
9 Section 2 . This Resolution shall take effect upon the
10 date of its adoption.
11
12 I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Community Development Commission of the City of
13 San Bernardino at an adjourned regular meeting thereof, held on the
14 day of August, 2000, by the following vote, to wit:
Commission AYES NAYS ABSTAIN ABSENT
15 ESTRADA
LIEN
16 MCGINNIS
SCHNETZ
17 SUAREZ
ANDERSON
18 McCAMMACK
19
20
21 Secretary
The foregoing resolution is hereby approved this day
22 of August, 2000 .
23
24 Judith Valles, Chairperson
Community Development Commission
25 of the City of San Bernardino
26
27 Approved as to form and legal content :
By:
28 Agency Counsel
4
SBEO/0001-168/DOC/616
7/27/00
AMENDMENT TO EXCHANGE AGREEMENT
(PHASE II SITE/9TH AND DEL ROSA)
This Amendment to Exchange Agreement ("Amendment") dated
as of August 7, 2000, hereby amends that certain Exchange Agreement
dated as of May 21, 1999, ("Exchange Agreement") and is made and
entered by and between the Department of General Services, an
agency of the State of California ("Department") and the
Redevelopment Agency of the City of San Bernardino, a public body
corporate and politic organized under and pursuant to the laws of
the State of California ("Agency") , with reference to the following
facts :
RECITALS
WHEREAS, Agency is a public body corporate and politic
organized under the laws of the State of California and authorized
pursuant to Division 24, Part 1, Chapter 8 , of the Health and
Safety Code (as in effect on the date of execution of this
Amendment) to enter into agreements for the acquisition and
financing of real property; and
WHEREAS, the Department is a state agency organized and
existing pursuant to the Constitution and laws of the State of
California; and
WHEREAS, the Agency and the Department entered into that
certain Construction Project Management, Operating and Development
Agreement (Caltrans Office Building and Parking Facility) dated
January 4, 1996 (the "Construction Project Management Agreement") ;
and
WHEREAS, the Construction Project Management Agreement
governs the use and disposition of certain property described on
Exhibit "A-1" of the Construction Project Management Agreement as
the Phase I Site (the "Phase I Site") and another parcel of
property described on Exhibit "A-2" of the Construction Project
Management Agreement as the Phase II Site (the "Phase II Site") ;
and
WHEREAS, under the Construction Project Management
Agreement the option purchase price for the Phase II Site was Two
Million Six Hundred Eighty One Thousand Five Hundred Dollars
($2 , 681, 500) ; and
1
WHEREAS, on or about May 21, 1999, the Agency and the
Department entered into the Exchange Agreement which provided the
Department a credit of Two Million Three Hundred Six Thousand Four
Hundred Ninety Seven Dollars and Sixty One Cents ($2, 306, 497 . 61)
towards the option to purchase the Phase II Site; and
WHEREAS, due to the credit provided, the Agency granted
the Department fee title to the Phase II Site pursuant to a
Quitclaim Deed; and
WHEREAS, the remaining balance of the option purchase
price, Three Hundred Seventy Five Thousand Two Dollars and Thirty
Nine Cents ($375, 002 . 39) (the "Remaining Option Purchase Price") ,
is still due and outstanding, and is to be paid from the proceeds
of the sale or transfer of the existing State Office Building
located at 303 W. Third Street, San Bernardino, California, (the
"303 Building") ; and
WHEREAS, the Department is prepared to sell the 303
Building and thus, as provided in the Exchange Agreement, the
proceeds of the sale (the "Net Sales Proceeds") are required to be
applied first, to the payment of the remaining balance of the
Phase I Site, and, if such purchase price for the Phase I Site has
been paid in full, to the Phase II Site as provided in the
Construction Project Management Agreement; and
WHEREAS, there are certain financing criteria involved in
the sale of the 303 Building which require that the sales price be
reduced in order to complete the sale; and
WHEREAS, the Department has requested that the Agency
apply a credit to the Phase I Site in an amount equal to the
reduction in the sales price of the 303 Building; and
WHEREAS, the Agency desires to assist the Department and
provide such credit as herein described.
NOW, THEREFORE, the Department and the Agency agree that
the foregoing recitals are true and correct and accordingly, they
agree as follows :
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Section 1 . Credit To Phase I Site . Provided that the
sale of the 303 Building is completed prior to September 30, 2000,
the Agency shall apply a credit to the Phase I Site (as provided in
the Exchange Agreement) in an amount equal to the reduction in the
sales price of the 303 Building as approved by the Department and
303, LLC, a California limited liability company.
Section 2 . Continuing Provisions . Except as above
provided, all of the provisions of the Exchange Agreement shall
remain in full force and effect .
Section 3 . Law Governing. This Amendment shall be
governed by the laws of the State of California .
Section 4 . Successor and Assigns . This Amendment and
the covenants and conditions contained herein shall be binding upon
and inure to the benefit of the successors and assigns of the
Agency and the Department, and all references in this Amendment to
"Agency" or "Department" shall be deemed to refer to and include
all permitted successors and assigns of such party.
Section 5 . Execution. This Amendment may be executed
in any number of counterparts, each of which shall be deemed to be
an original, but all together shall constitute but one and the same
Amendment . It is also agreed that separate counterparts of this
Amendment may be separately executed by the Agency and the
Department all with the same force and effect as though the same
counterpart had been executed by the Agency and the Department .
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IN WITNESS WHEREOF, the Agency and the Department have
caused this Amendment to be executed as of the day and year first
above written.
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
By:
Its : Executive Director
Approved as to form and
legal content :
By:
Agency Special Counsel
DEPARTMENT OF GENERAL SERVICES
OF THE STATE OF CALIFORNIA
By:
Its :
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