HomeMy WebLinkAbout2015-193 I
RESOLUTION NO. 2015-193
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
4 AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF A
CERTIFICATE OF COMPLETION PURSUANT TO THAT CERTAIN DECEMBER 22, 1986
5 DISPOSITION AND JOINT DEVELOPMENT AGREEMENT, AS AMENDED, BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
6 SIMA PARTNERSHIP NUMBER ONE, A CALIFORNIA PARTNERSHIP, RELATED TO THE
DEVELOPMENT OF CERTAIN PARCELS OF REAL PROPERTY LOCATED AT THE
7 INTERSECTION OF MILL AND "G" STREETS IN THE CITY OF SAN BERNARDINO AND
8 CERTAIN RELATED ACTIONS.
9 WHEREAS, pursuant to California Health and Safety Code (the "HSC") § 34172 (a)(1), the
10 Redevelopment Agency of the City of San Bernardino was dissolved on February 1,2012; and
11 WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the Mayor and Common
12 Council of the City of San Bernardino elected to serve in the capacity of the Successor Agency to the
13 Redevelopment Agency of the City of San Bernardino(the"Successor Agency"); and
14 WHEREAS,the former Redevelopment Agency of the City of San Bernardino (the "Former RDA")
15 and the Sima Partnership Number One, a California partnership (the "Developer") entered into that certain
16 December 22, 1986 Disposition and Joint Development Agreement, as amended on March 3, 1987 and
17 January 7, 1991, which were recorded with the San Bernardino County Recorder as document Nos. 87-
18 001260, 87-108271 and 91-029124,respectively(collectively,the "DJDA"); and
19 WHEREAS,the responsibilities of the Former RDA with respect to the DJDA were assumed by the
20 Successor Agency on February 1, 2012; and
21 WHEREAS,the DJDA affects 22 parcels of real property located at the intersection of Mill and "G"
22 Streets in the City of San Bernardino, as legally described within the Certificate of Completion, which is
23 attached hereto as Exhibit"A(the"Site"); and
24 WHEREAS, pursuant to the DJDA, the Developer was obligated to: i) develop or cause to be
25 developed at least 30,500 square feet of commercial buildings on the Site with a combined assessed value of
26 at least $3,500,000; ii) convey street right-of-way necessary to realign "G" Street; and iii) develop certain
27 improvements required for the realignment of"G" Street(collectively,the"Minimum Requirements"); and
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WHEREAS, as of 2015 the Developer has completed the Minimum Requirements by demonstrating
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that it has: i) developed or caused to be developed 83,674 square feet of commercial buildings on the Site that
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have a combined assessed value of$6,137,220; ii) conveyed the street right-of-way needed for the"G" Street
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realignment project; and iii)developed certain improvements required for the realignment of"G" Street; and
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WHEREAS, although on January 7, 1991, the Former RDA issued the Developer a partial
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Certificate of Completion, as recorded with the San Bernardino County Recorder as document No. 91-
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038689, a final Certificate of Completion was not previously issued and
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WHEREAS,consistent with the foregoing and pursuant to its July 24,2015 letter, a copy of which is
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appended to the staff report that accompanies this Resolution,the Developer has requested that the Successor
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Agency issue a final Certificate of Completion confirming that it has completed the Minimum Requirements
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and thus fulfilled its obligations under the DJDA; and
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WHEREAS, issuance of the Certificate of Completion will be declarative that the Developer has
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completed its obligations under the DJDA; however, the Certificate of Completion shall not constitute
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evidence of Developer's compliance with those covenants in the DJDA that survive the issuance of the
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Certificate of Completion, specifically: i) Section 5 concerning property maintenance, which shall remain in
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effect during the term of the Redevelopment Plan (as that term is defined in the DJDA); ii) Section 6A
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concerning land-use restrictions, which shall remain in effect during the term of the Redevelopment Plan (as
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that term is defined in the DJDA); and iii) Section 6B concerning non-discrimination and non-segregation,
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which shall remain in effect in perpetuity; and
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WHEREAS, issuance of the Certificate of Completion shall not constitute evidence of compliance
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with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage,
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securing money loaned to finance construction work on the Site, or any part thereof, and
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WHEREAS, the issuance of a Certificate of Completion will relieve the Successor Agency of any
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future obligations with respect to monitoring the DJDA, inclusive of any associated financial expenses
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related thereto; and
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WHEREAS, approval of this Resolution will authorize the Executive Director (i.e., the City
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Manager)to execute the Certificate of Completion on behalf of the Successor Agency and to take any related
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actions necessary to accomplish the purpose of the Resolution; and
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WHEREAS,all of the prerequisites with respect to the approval of this Resolution have been met.
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NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
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THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
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BERNARDINO,AS FOLLOWS:
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Section 1. The foregoing recitals are true and correct and are a substantive part of this
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7 Section 2. The issuance of a Certificate of Completion confirming that the Developer has
8 developed the Minimum Requirements, in a form consistent with the Certificate of Completion attached to
this Resolution as Exhibit"A", is hereby approved.
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Section 3. The Executive Director of the Successor Agency is authorized to execute the
10 Certificate of Completion on behalf of the Successor Agency and to take any related actions necessary to
11 accomplish the purpose of this Resolution.
12 Section 4. This Resolution shall take effect upon its adoption and execution in the manner as
13 required by the City Charter.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
2 AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF A
CERTIFICATE OF COMPLETION PURSUANT TO THAT CERTAIN DECEMBER 22, 1986
3 DISPOSITION AND JOINT DEVELOPMENT AGREEMENT, AS AMENDED, BY AND
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND
4 SIMA PARTNERSHIP NUMBER ONE, A CALIFORNIA PARTNERSHIP, RELATED TO THE
DEVELOPMENT OF CERTAIN PARCELS OF REAL PROPERTY LOCATED AT THE
5 INTERSECTION OF MILL AND "G" STREETS IN THE CITY OF SAN BERNARDINO AND
6 CERTAIN RELATED ACTIONS.
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common
Council of the City of San Bernardino, acting as the Successor Agency to the Redevelopment Agency of the
8 City of San Bernardino, at joint regular meeting thereof, held on the 17`h day of August, 2015, by the
following vote,to wit:
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Council Members Ayes Nays Abstain Absent
10 MARQUEZ X
11 BARRIOS X
12 VALDIVIA X
13 SHORETT X
14 NICKEL X
15 JOHNSON X
16 MULVIHILL X
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18 Georgean anna, C C, ity Clerk
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The foregoing Resolution is hereby approved this daL)fAugust, 2015
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R. Carey Davis, hairman
22 Successor Agency to the
Redevelopment Agency of the
23 City of San Bernardino
24 Approved as to Form:
Gary D. Saenz, City Attorney
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By:
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