HomeMy WebLinkAbout1981-118 I RESOLUTION NO. ��
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
XECUTION OF AN AGREEMENT WITH PONDEROSA HOMES RELATING TO A 120
3 AY EXCLUSIVE RIGHT TO NEGOTIATE FOR DEVELOPMENT OF PATTON FARMS.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 Agreement with Ponderosa Homes relating to a 120 day exclusive
9 right to negotiate for development of Patton Farms, a copy of
10 which is attached hereto, marked Exhibit "A" and incorporated
11 herein by reference as fully as though set forth at length.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a, 7 _ meeting thereof, held
15 on the k day of ,�` 1981, by the following
16 vote, to wit:
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17 AYES: Councilmen I
18 ? _ r
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19 NAYS:
20 ABSENT:
21 �y
22 City Clerk
23 The foregoing resolution is hereby approved th' day
` � 1981.
24 o f �+, ,
25
o e City of Bernardino
26 Approved as to form:
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28 City Atorney
1 A G R E E M E N T
2 (Patton Farms)
3 THIS AGREEMENT is made and entered into this day of
4 , 1981, by and between the CITY OF SAN BERNARDINO,
5 a municipal corporation, 300 North "D" Street, San Bernardino,
6 California, referred to as "City", and PONDEROSA HOMES, a
7 California General Partnership, 2082 Business Center Drive,
8 Irvine, California, referred to as "Ponderosa".
9 City and Ponderosa agree as follows :
10 1. Recitals .
11 (a) On November 17, 1980, the Mayor and Common Council
12 of City instructed the Director of Community Development to
13 advertise for bid proposals for the development of approximately
14 80 acres of former State surplus land recently acquired by the
15 City of San Bernardino, known as "Patton Farms" .
16 (b) The proposals which were received by City for the
17 development of Patton Farms were referred to a panel consisting of
18 the Director of Community Development for San Bernardino County,
19 the Executive Director of the Housing Authority, the City' s
20 Housing Consultant, the City' s Assistant Planning Director and the
21 Director of Community Development for the City.
22 (c) On February 23, 1981, based on panel recommendation,
23 the Mayor and Common Council selected a consortium represented by
24 Ponderosa Homes for the granting of a 120 day exclusive right to
25 negotiate with City for development of the Patton Farms. The
26 consortium consists of Ponderosa Homes, William Lyon Co. , American
27 National Housing Corp. , Konwiser Corp. , Housing Concepts, Inc. ,
28 and the Planning Center.
EXHIBIT j
I (d) Each party understands that the components of the
2 proposed plan will change in the course of negotiations based on
3 detailed engineering and design, success in obtaining grants,
4 availability and cost of financing, and other market factors .
5 (e) Each party recognizes that the final development
6 plan must contain approximately the same amount and mix of low and
7 moderate income housing as -the accepted proposal .
8 (f) Each party recognizes that the City will consider
9 any substantial differences as failure to perform, unless these
)0 differences are caused by City actions or by unforeseen
11 circumstances beyond Ponderosa' s control .
12 (g) Each party recognizes the City may cancel the
13 Exclusive Right to Negotiate at any time for failure to show
14 progress .
15 2. Right to Negotiate. City hereby grants to Ponderosa, its
16 successors or assigns, the exclusive right to negotiate with City
17 for the development of the Patton Farms. It is understood that
18 Ponderosa will negotiate on behalf of the consortium described in
19 the recitals. Ponderosa represents to City that it is authorized
20 to negotiate on behalf of the consortium.
21 3. Term. The term of this agreement shall be 120 days from
22 the date of execution of this agreement.
23 4. Performance Bond. Concurrent with execution of this
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24 agreement, Ponderosa shall provide to City a performance bond
25 issued by one or more duly authorized corporate sureties or an
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26 irrevocable letter of credit in a form acceptable to the City
j27 Attorney in an amount of $50,000 guaranteeing its performance of
28 all of the terms and conditions of this agreement.
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i IN WITNESS WHEREOF, the parties hereto have executed this
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2 Agreement on the date and year first above written.
3 CITY OF SAN BERNARDINO
ATTEST:
4
SHAUNAA CLARK By W. R. HOLCOMB ---
5 Mayor
City Clerk
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7 PONDEROSA HOMES, a California
General Partnership
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9 By
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Approved as to form:
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12 RALPH H. rwNCE
City Attorney
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