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Home My WebLink About11- Development Department + DEVELOPMENT DEPARTMENT OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL ACTION FROM: KENNETH J. HENDERSON SUBJECT: EMMERTON SCHOOL Executive Director PROGRAM DATE: December 2, 1993 --------------------------------------------------------------------------------------------------------------------------------------------- Svnopsis of Previous Commission/Council/Committee Action(s): March 3, 1993, Community Development Commission approved the Arden-Guthrie "focus" Neighborhood Revitalization Strategy. August 16, 1993, Community Development Commission approved the Arden-Guthrie "focus" Neighborhood ' Implementation Strategy. --------------------------------------------------------------------------------------------------------------------------------------------- Recommended Motion(sl: (Mayor and Common Council) MOTION: That the Mayor and Common Council approve the Emmerton Pre-school proposal regarding the acquisition of modular building units, approve the utilization of$60,000 in available Community Development Block Grant (CDBG) Program funds and authorize the Mayor and Executive Director to execute any document necessary to effectuate said transaction. Administrator KENNPTH J. HENDERSON Executive Director --------------------------------------------------------------------------------------------------------------------------------------------- Contact Person(s): Kenneth J Henderson/David R Edgar Phone: 5081 Project Area(s): IVDA Ward(s): Seven (7) Supporting Data Attached: Staff Report FUNDING REQUIREMENTS: Amount: $60.000 Source: CDBG Budget Authority: Previously p_proved --------------------------------------------------------------------------------------------------------------------------------------------- Commission/Council Notes: ------------------------------------------------------------------------------------------------------------------ KJH:DRE:lag:etnrtnscl.cdc COMMISSION MEETING AGENDA MEETING DATE: 12/06/1993 19 Agenda Item Number: i t DEVVILOPMENT DEPARTM`t'NT STAFF REPORT --------------------------------------------------------------------------------------------------------------------- Emmerton Pre-School Program One important component of the Arden-Guthrie "Focus" Neighborhood Revitalization Strategy surrounds the continued support and development of the Emmerton Pre-school program. Parents and children who participate in this worthwhile program are exclusively residents of the Arden-Guthrie "Focus" Neighborhood. Currently, however, Emmerton School does not have adequate facilities to provide necessary pre-school and/or GED programs for these residents. In an effort to continue meeting the "needs" of this community, Emmerton School has,for some time now, been attempting to identify additional classroom/office facilities. Emmerton Pre-School recently submitted an unsolicited financial proposal to the Development Department Housing Division regarding the provision of additional classroom/office space adjacent to the Emmerton School facility. This proposal involves the acquisition, relocation and site preparation/hook-up of four (4) 12' x 60' modular buildings on behalf of Emmerton School. Major deal points and financing necessary to provide the additional facilities includes the following: • Acquisition/Relocation - The Development Department would provide monies necessary to execute a purchase and sale agreement for the four (4) modular building units, in an amount not to exceed $60,000. This amount includes both acquisition and relocation of the units to the Emmerton School facility. (Please see attached agreement) • Site Preparation/Hook-up - The San Bernardino Unified School District will be solely responsible for all site preparation prior to placement of the additional building units. In addition, once relocated, the School District will also provide all necessary plumbing, electrical and water hook-ups. Total district costs associated with these items is estimated at approximately $25,000. • Lease/Management - The Department would lease the four (4) buildings to the San Bernardino Unified School District for $1/year, over a ten (10) year period. During the leasing period the school district will, however, be solely responsible for the ongoing maintenance of these units. Following the ten (10) year leasing period, an evaluation will then be made regarding ultimate disposition of the modular buildings. ---------------------------------------------------------------------------------------------------------------------- KJH:DRE:1ag:enutnscl.cdc COMMISSION MEETING AGENDA MEETING DATE: 12/06/1993 Agenda Item Number: J/ DEVELOPMENT DEPAR 1 MENT STAFF REPORT `"� EMMERTON PRE-SCHOOL PROGRAM NOVEMBER 15, 1993 PAGE - 2 - ---------------------------------------------------------------------------------------------------------------------- Funds necessary to effectuate this proposal ($60,000) would be allocated from available Community Development Block Grant (CDBG) monies previously authorized for utilization within the designated "Focus" neighborhoods as part of the FY1993-94 budget process. If this proposal is approved, the San Bernardino Unified School District is prepared to continue with its portion of the proposal. Following its consideration of this item on Tuesday, November 23, 1993, the Housing Committee authorized forwarding consideration of the Emmerton School proposal to the Community Development Commission. Based upon the significant social benefits associated with providing additional classroom/office space on behalf of Emmerton School for the residents of the Arden- Guthrie "Focus" Neighborhood, staff recommends adoption of the form motion. KENNETH J. HENDERSON, Executive Director Development Department ----------------------------------------------------------------------------------------------------------------------- iL KJH:DRE:lag:emrtnscl.cdc COMMISSION MEETING AGENDA MEETING DATE: 12/06/1993 Agenda Item Number: J/ _ 11%)V 119 73 U,J- )Ur-1'1 0"tt- VIVL L J,I .L i`lu l.lMr VKM 1 1011 t.•.l - AM- w BANK ONE. Municipal Leasing Division FAX S �� 9ANC ONE S LEASING i ision RATFON 'NtuliCiFel Services Division 1401 17th Street•Suite 900 Denver,CO 80202 303 298-5050 DATE: 800 888-9454 NAME: DAI •E. t COMPANYNAME: wuct+.-, 1oA N(17 `- �cE.n•t� ! FAXNUMBER: FROM: $rad Smith Banc One Leasing Corporation Munitdpal Leasing Division (303) 296-5052 FAX: (303) ',%-3329 *rtwww+ r NUMBER OF PAGES INcLUDINGCOVER SHEET.. L I COMMENTS: �t �jI 211 Z J •— r- �,iSy ��tiFa� r� E=t;��1C. �%t.dCttt?��E •.^.��[ '� r. ri )i•ir �I�Ot2.t �S '"f; v.lt.��^tt``r( C C IIC. T1 j 1, `��%� 1�JE_ t til f 4:J.S�. FC N—;'T?•}t uL Q,l�E. ��vt,i t.N THE EVENT OF AN UNCLEAROR INCOWLETE TRANSMISSION,PLEASE CALL:(303) 2%-8052 l � NOV 1-0 '93 03:31PM BANC ONE LEASING CORPOPRATION P,2 <Ono; PURCSA$E AND SALTS AGREEMENT Dated IJOV�-"45ta- , 19 This AGREEMENT is made by and between Banc Ono Leasing Corporation (the "SELLER") having a principal place of business at 2400 Corporate Exchange Drive, Suite 300, Columbus, Ohio 43231 and ,the buyer (the "BUYER") identified below. BUYER'S NAME: City of San Bernardino, California Economic Development Agency BUYER'S ADDRESS: 201 North "E" Street, Third Floor San Bernardino, California 92401 1. SALEfPURCHABE; SELLER will sell, and I3UYER will purchase, the items listed below (collectively, "Equipment") : Four (4)' 12 ' x 60' PBS Building Systems Modular Building Units Model No.s: C82A10775C, C82A10778C, C82A10771C, and C82A10770C 2. PURCHASE PRICE: The BUYER agrees to pay to SELLER the Purchase Price identified below plus applicable tax,. if any, (unless BUYER has provided SELLER with a Resale Exemption Certificate of another applicable Tax Exemption Certificate) on or before the Final Purchase Date identified below. Upon receipt of said purchase price, SELLER will transfer title to BUYER. Purchase Price: $56,000.00 Final Purchase Date: 19 3. DELIVERY: BUYER shall accept delivery of the Equipment at: 9"zTT� SGhci7L 112[ ANVe' . , S�J f3�tz,��2t7sr� CF,L,� awA . 4. BILL OF SALE: Upon payment of the purchase price by BUYER as provided above, SELLER will sign and deliver to BUYER a Bill of Sale (sanple copy attached hereto as Exhibit A) and any other document necessary to convey title to the Equipment to BUYER. 5. DISCLAIMERS: BUYER agrees that the conveyance of Equipment shall be made without recourse to SELLER and shall be on an "AS IS, WHERE IS" basis with all faults. SELLER DOES NOT X,4,C8, AND BUYER EXPRESSLY WAIVES AND DISCLAIMS, ANY WARFU&NTIES, REPRESENTATIONS, STATEMENTS OR COVENANTS, EITHER ZXpREBS OR IMPLIED, OF ANY KIND WHATSOEVER RSG1RD1NG THE EQUIPMENT INCLUDING, WITHOUT LIMITATIONS ITS MERCHANTABILITY; ITS tITNESs FOR ANY PARTICULAR pURPbS$; ITS DESIGN OR CONDITION; ITS QUALITY OR WACITY; ITS DURABILITY, SUITABILITY, CAPABILITY OR WORR.%WSEIP ITS NON-INTERFERENCE WITH, NON•INFRINGM ENT C IR OR NON-VIOLATION or ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY NOV 10 '93 U;3::31PM BHNC; ONE LE.HSING t Of1NORH I ION p,3 RIGHT; OR ITS COMPLIANCE WITH ANY LAW OR GOVERNMENTAL REGULATION; except that SELLER will represent owny warrant that it has full power to sign and deliver this Agreement and that the Equipment is free and clear of any security interests created by SELLER. 6. NISCELLANEOUO: A. This Agreement together with the Bill of Sale relating hereto constitutes the entire Agreement between SELLER and BUYER with respect to the purchase and sale of the Equipment and no ` representation, warranty or statement not contained herein or in said Bill of Sale shall be binding upon SELLER or (BUYER as a warranty or otherwise. B. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns; provided, that BUYER may not assign or transfer any of BUYER's rights or obligations under this Agredment. C. This Agreement shall be governed and construed in accordance with the laws of the State of Ohio, including all matters of construction, validity, performance and enforcement. D. The titles appearing in this Agreement and in any other documents relating to this transaction are inserted only as a matter of convenience and have no independent meaning. E. The parties hereto agree to sign and deliver such further instruments or documents and to take such other action as may be required effectively to carry out the transaction contemplated herein, all of which shall be undertaken at BUYER's expense. IN WITNESS WHEREOF, each party hereby warrants and represents that its representative whose signature appears below is duly authorized by all necessary and appropriate action to sign this Agreement. City of San Bernardino, CA Banc One Leasing Corporation Economic Development Agency MuniCipal Leasing Division (BUYER) (SELLER) By: By: Title: Title: ll • BILL OF SALE f rca Banc One Leasing Corporation BUYER's Name: City of San Bernardino, California Bcdnomic Development Agency BUYER's Address: 201 North "8" Street, Third Floor San Bernardino, California 92401 Banc one Leasing Corporation (the "SELLER"), for and in consideration of the sum of $56,000.00 and other good and valuable consideration, receipt of which ` is hereby acknowledged, does hereby sell and transfer to BUYER all right, title and interest of SELLER in and to the property described below (all of such property collectively called the "Equipment"): Quantity Manufactuc Modejjpeacrivtion Four 12' x 60' PBS Building systems Modular Building Units model No.s: C82A10775C C82AI0778C C82A10771C C82AI0770C TO HAVE AND TO HOLD all of the Equipment to BUYER, its successors and aeerigns, for its and their own use and benefit forever. The conveyance of Equipment made hereby is without recourse to SELLER and is on an "AS-IS, WHERE-IS" basis with all faults. SELLER DOES NOT MAKE, AND BUYER EXPRESSLY NAIVES AND DISCLAIMS, ANY wAR.SANTISS, REPRESENTATIONS, STATEHBNTS OR cOVENANTS, EITHER EXPRES6 OR IMPLIED, OF ANY RIND WHATSOEVER REGARDING THE ZQUIPk=T INCLUDING, WIZHOUT LINITATIoNs ITS KERCHANTAsrLITY; ITS FITNESS FOR ANY PARTICULAR PURPOSE; ITS DESIGN OR CONDITION; ITS QUALITY OR CAPACITY; ITS DMLUILITY, SUITABILITr, CAPASILITY OR WORXkmszIPj ITS NON-INTERFERENCE WITH, 71OZ-'NFRlXGZXZ;iT ON OR NON-VIOLATION OF ANY PATENT, COPYRIGHT, TRADEXARK OR OMR INTELLECTUAL PROPERTY RIGHT; OR ITS COMPLIANCE WITS ANY LAW OR GoVSRNI[ffii'i'AL XZGULATION; except that SELLER will represent any warrant that it has full power to sign and deliver this Bill of Sale and that the Equipment is free and clear of any security interests created by SELLER. By accepting this Bill of Sale, BUYER agrees that this Sill of Sale, together with any written Purchase and Sale Agreement executed by SELLER and relating to the Equipment (if any), constitutes the entire and exclusive agresnent of SELLER and BUYER regarding the Sala and purchase of the Equipment. IN WITNESS WHEREOF, SELLER has executed and delivered this Bill of Sale by Its duly authorized officer this 19 Banc One Leasing Corporation municipal Iwas.ing Division (SELLER) By: Title: ACCEPTED BYt City of San Bernardino, California Zconcmic Development Agency (BUYER) By: Title: /l