HomeMy WebLinkAboutRS02-Redevelopment Agency
-.
COO ~
REDEVELOPMENT AGENCY. REQUEST FOR COMMISSION/COUNCIL ACTION
..
Crom:Glenda Saul, Executive Director
Dept: Redevelopment Agency
Date: May 23, 1986
SubjectPWNER PARTICIPATION AGREEMENT
VILLA CIELO APARTMENTS - STATE
COLLEGE PROJECT AREA
Synopsis of Previous Commission/Council action:
None
Recommended motion:
(COMKllNITY DEVELOPMENT COMMISSION)
c
a)
RESOWTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPERTY OWNER'S PARTICIPATION
AGREEMENT AMONG TIlE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, VILLA
CIELO, AND THE CITY OF SAN BERNARDINO - STATE COLLEGE PROJECT AREA.
(MAYOR & COMMON COUNCIL)
b) RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION
OF A PROPERTY OWNER'S PARTICIPATION AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO, VILLA CIELO, AND TIlE CITY OF SAN BERNARDINO.
~(//;; dd/t/1
Signature '
Glenda Saul
Contact person:
Supporting data attached:
YES
Phone: 383-5081
5
Ward:
FUNDING REQUIREMENTS:
125,000
SC
Project:
June 2, l!llSb
Amount: $
No adverse Impact on City:
-
Date:
'-ncil Notes:
966G/SL
fi/2.'8'"
r7 L' ...,
. CI1C OF SAN BERNARDI CD - REQUEO FOR COUNCIL ACON
1'-
'-'
r
'-
,-
'-'
75-0264
STAFF REPORT
We have been asked to provide financial assistance to JM Martin Development for
certain landscape improvements associated with this multifamily apartment complex
east of University between College Avenue and State Street. The development of
160 units is currently underway and should be completed within the next 180 days.
Edison Company owns 2.85 acres of
will be landscaping this area and
provided by Parks and Recreation.
summarized below. The landscaped
land to the east of the project. The developer
paying for the landscape maintenance to be
A copy of the cost estimates is attached and
area will be used as a public "greenbelt" area.
Staff is proposing a loan to the developer in the amount of $125,000 to cover the
construction and approximately two years of maintenance. The loan to bear
interest at the rate of 7%. We are proposing payment of the loan upon
performance, i.e. net tax increments to be applied yearly to principal and
interest of the loan.
If the developer does not complete his project, repayment of the loan will be
required.
Tbe OPA proposed is between the developer, the Agency and the City.
a)
The developer agreeing to complete the project including landscaping
within 180 days and agreeing to pay the city for approximately two years
of maintenance, of which will be paid up front upon execution of this
agreement.
b) Tbe agency agreeing to lend the developer $125,000.
c) The City agreeing to maintain the public greenbelt area and providing
liability insurance.
GREENBELT COST
Public Improvements
(curb, gutter, paving,
wheelchair ramp, driver)
$ 7,000.00
Landscape Design
1,250.00
94,706.00
4,500.00
$107,456.00
Landscape Installation
Cont. Admin. & Super
Park & Rec. Maintenance
$8,429 year x 2.08 years
17,544.00
$125,000.00
PROJECT
160 Units
$6,991,000 Value
Q66r.1!:T.
-
. CIoN OF SAN BERNARDICO - REQUU FOR COUNCIL AC'l:bN
-
"'-
c
-
'-
75-0264
STAFF REPORT
TAX INCREMENT
$6,991,000 x 1%
70% of $69,910
$48,937
- $69,910
- $48,937
= 2 1/2 years assistance
OTIlER PROJECTED CITY REVENUE
Permits $489,370 (one time)
7% of development
value used as "rule of thumb"
Utility Tax Estimate $84,000 year
.045 x SF x 12 mos
"rule of thumb"
Your attention is called to paragraph 5, pages 4 and 5, of the agreement. The
developer has also requested that the prevailing wage rate language only apply to
the area to be landscaped. The housing development has been previously contracted
for. The last sentence of paragraph 5 sets forth this provision.
966G/SL
6/2/86
c
~
---
"''''
.....;
:)
,-
~>>
.....
Iroor
~
. R-I
,f
," "
, "
",
.
t .",
J-'
" '.
." ..'t>.
PRO
"IIU
o
o
o
....
.
'"
.
II:
~
.
Cuwt"TAItY
SCMOO&. .
o
R- 1~7200 .0
~'
+
~ : ..
..
.
",
" t
,-
'-"
~
Ii
R'I
c
..
AD.
R-I'-7200
M-IA
:
:
-p.R.1i
7unils/ocro
;
I
~R.O.-2U
'. .
ft'-I-noo
, CoM
.
~
". 0"
.
-
'-
1fOY. 1'.0
c
,-
'-
-
"-'
-
15
16
17
18
19
20
21
22
23
24
25
26
27
28
'-
~
-
o
:)
,.......
V
RESOLUTION NO.
1
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
2 CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
A PROPERTY OWNER'S PARTICIPATION AGREEMENT AMONG THE
3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, VILLA CIELO,
AND THE CITY OF SAN BERNARDINO - STATE COLLEGE PROJECT AREA.
4
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
5 THE CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Chairman and Secretary of the Community
7 Development Commission of the City of San Bernardino are hereby
8 authorized and directed to execute for and on behalf of the
9 Redevelopment Agency of the City of San Bernardino a Property
10 Owner's Participation Agreement among the Redevelopment Agency of
11 the City of San Bernardino, Villa Cielo, and the City of San
12 Bernardino, with such non-substantive changes to said Agreement
13 as may be approved by the Chairman and Agency Counsel. A copy of
14 said Agreement is attached hereto as Exhibit -1- and incorporated
herein by this reference as though fully set forth at length.
Dated:
Approved as to form:
AGENCY COUNSEL
By~n~~
The foregoing resolution was duly adopted by the following
vote, to wit:
AYES:
Members
NAYS:
ABSENT or
ABSTAIN:
f2.-,5A
C
1
-
'-' 2
3
4
5
6
7
8
9
10
11
12
13
14
C 15
16
17
18
19
20
21
22
23
24
25
26
- 27
'- 28
-
-
-,
J
-'--.,
-
....,;
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A PROPERTY OWNER'S PARTICIPATION
AGREEMENT AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO, VILLA CIELO, AND THE CITY OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COONCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute for and on behalf of
said City a Property Owner's Participation Agreement among the
Redevelopment Agency of the City of San Bernardino, Villa Cielo,
and the City of San Bernardino. A copy of said Agreement is
attached hereto as Exhibit -1- and incorporated herein by this
reference as though fully set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1986, by the following vote, to
day of
wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1986.
Mayor of the City of San Bernardino
Approved as to form:
//1/ r ,/ )"/,4f,:_n~
C"-./..._.t.J./'ljc.-?~',,,// n:;;-Zvi-'--'Ct'
5-/3
City Attorney
c
-
""'"
c
-
""".
- -
~
-
...
o
--,
..J
"""
-.....,I
PROPERTY OWNER'S PARTICIPATION AGREEMENT
VILLA CIELO
STATE COLLEGE PROJECT AREA
SAN BERNARDINO, CALIFORNIA
THIS AGREEMENT, made and entered into this
day of
, 19____ by and between the REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO, a public body corporate
and politic (hereinafter RAgencyR), and VILLA CIELO, A
California general Partnership, (hereinafter Rparticipating
OwnerR), and the CITY OF SAN BERNARDINO, a municipal body
corporate, (hereinafter RCityR).
RECITALS
i. The State College Project Area has been established
by the Mayor and Common Council of the City of San Bernardino
as an area which requires renewal and redevelopment in the
interest of the health, safety and general welfare of the
citizens of the City of San Bernardino.
ii. The Agency has prepared, and the Mayor and Common
Council of the City of San Bernardino have adopted, the
official Redevelopment Plan for the renewal of the project
(hereinafter the RPlanR). The Plan was adopted by the City of
San Bernardino by Ordinance No. 3067 on the 27th day of April,
1970. A Certificate of Covenants, Conditions and Restrictions
applicable to this property was recorded July 12, 1971, in
Book 7707, Page 573, official records of San Bernardino
County, California.
1
~ -
-
--
-
c
-
'-'
:;
:)
~-
iii. The Plan provides for the participation in the
renewal and redevelopment of property in the project area by
the owners of various parcels of property if the owners of
such property agree to participate in the redevelopment in
'-
conformance with the Plan, and enter into an agreement with
the Agency to give effect to various improvements of the
property.
iv. The Participating Owner owns or has an interest in
certain real property lying within the confines of the project
area, which land is described in Exhibit "A" attached hereto
and incorporated herein by reference. This agreement is made
,-.
'-'
with the express intent and purpose that the land described in
Exhibit "A" shall be redeveloped in accordance with the Plan,
and in accordance with the terms of this agreement.
v. The participating Owner desires to participate with
Agency in the renewal and development of the property
described on Exhibit "A" by entering into an agreement for the
improvement of that property, and this agreement sets forth
the terms and conditions of such improvement.
IMPLEMENTATION
The Agency and Participating Owner, for the
considerations and under the conditions set forth hereinafter,
do agree as follows:
1. The Plan is incorporated herein by reference and made
a part of this agreement with the same force and effect as
-
though set forth in full herein.
'-
2
~ -
~
c
t""
V
",
v
. .1
,-
2. In order to assist the Participating Owner in the
redevelopment and improvement of the property covered by this
"-'
agreement, Agency agrees to provide certain inducements as
assistance to the participating Owner, which obligations and
undertakings of the Agency are set forth hereinafter as
Exhibit "a" to this agreement, "Undertakings and Obligations
of Agency".
3. The Participating Owner covenants for itself, its
heirs, executors, administrators, successors and assigns, that
it will undertake, or cause to be undertaken, the development
of the property described in Exhibit "A" by developing the
property and improving the property in accordance with those
"Undertakings and Obligations of Participating Owner" set
-
'-'
forth hereinafter on Exhibit "CO, which is annexed hereto and
incorporated herein by reference. The undertakings set forth
in Exhibit "C" are made by Participating Owner with the
expectation that they will be relied upon by Agency, and are
undertaken with the knowledge that Agency is acting in
reliance thereon, and that each of the dates specified therein
is of the very essence of this agreement, and that the nature,
purpose and scope of the development, construction dates and
completion dates, are also of the very essence of this
agreement.
4. Participating Owner shall submit to Agency the
-
schematics and elevations for the proposed improvements no
later than the date set forth in Exhibit "CD, and Agency shall
'-
examine and review the schematics and elevations, and advise
3
c
c
, ,.I
:J
-
the Participating Owner within thirty (30) days after
........
receiving such information whether the Agency is satisfied
that the schematics and elevations as submitted are acceptable
and in conformity with the Plan.
5. For all construction of the facilities contemplated
hereunder, all laborers and mechanics employed by the
Participating Owner and by any of its contractors,
subcontractors, or other entities working directly upon the
project covered by this agreement shall be paid
unconditionally and not less often than once each week, and
without subsequent deduction or rebate on any account the full
amount due (except such payroll deductions as are made
mandatory by law and such other payroll deductions as are
"....
'-
permitted by the applicable regulations issued by the
Secretary of Labor of the United States of America, pursuant
to the Anti-kickback Act). The full amount due at the time of
payment shall be computed at wage rates not less than those
contained in the published wage determination decision of the
Secretary of Labor, regardless of any contractual relationship
which may be alleged to exist between the Participating Owner,
any contractor or subcontractor, and any such laborers and
"-
mechanics. participating Owner further agrees that this
section shall inure to the benefit of the Agency and for the
benefit of all laborers and mechanics employed upon the work
covered by this agreement as third party beneficiaries.
Agency and any aggrieved employee are each authorized to file
........
an action in any court of competent jurisdiction against the
4
-
---
\..'/
-)'
~,
c
,..-,
-
'-'
Participating Owner and any of its contractors or
subcontractors for the recovery of the difference between the
wage rates actually paid and the wage rates legally required
to be paid under the provisions of this section and any
applicable regulations, statutes and laws, together with any
other amounts authorized to be collected as a result of such
action. Participating Owner agrees for itself, its
contractors and subcontractors, to pay reasonable attorney
fees and court costs if the Agency or employee prevails in any
such action. The participating Owner agrees that this
provision shall be inserted in any contract between
participating Owner and any contractor, and that all such
contracts shall also contain a provision that any contractor
~
'"'"
must make the same provisions applicable in any of its
subcontracts with subcontractor on this project. The
provisions of this paragraph shall apply only to the
landscaping contracts, all other work on this project having
been previously contracted for.
6. No member, official or employee of the Agency shall
have any financial interest, direct or indirect, in this
agreement or in the Property described in Exhibit A, nor shall
any member, official or employee participate in any decision
relating to this agreement or to the Property which affects
his or her financial interests or the financial interests of
any corporation, partnership or association in which he or she
.-
is, directly or indirectly, interested.
'-
5
-
e".-
,
-
'-'
"..........
\
~..I
"-
....j
..-
7. Participating Owner agrees that no officer, employee
or agent of the Agency shall be personally liable to the
participating Owner for any obligations under the terms of
this agreement. Any obligations undertaken are those of the
Agency, and not of the individual officers, employees or
agents thereof.
8. The development covered by this agreement is a
private undertaking of the Participating Owner, and the
Participating Owner shall have full and exclusive control of
the property herein described, subject only to the limitations
and obligations of the Participating Owner undertaken herein,
and subject to the provisions of the Plan.
"-
9. The Participating Owner, for itself, its executors,
-
'--'
Administrators, heirs, successors and assigns, and all persons
or entities claiming under or through them, or any of them, in
this paragraph collectively referred to as "Participating
Owner", covenants and agrees that:
A. The Participating Owner will and shall carry
out the work of the redevelopment of the property as
specifically provided for in this agreement and shall devote
such property only to the uses specified herein, and only to
uses authorized by the Plan.
B. Participating Owner shall not discriminate
against or permit any of its contractors or subcontractors to
-
'-
discriminate against, or permit any of its tenants, lessees,
renters, or subsequent owners of the property, to discriminate
against any person or groups of persons on account of race,
6
c
"-
"-
"r'
'-
-
"-'
~ -
'-'
'"
:)
sex, marital status, color, creed, religion, physical
handicap, national origin, or ancestry, in the construction,
improvement, sale, lease, sublease, transfer, use, occupancy,
tenure or enjoyment of the property covered by this agreement,
nor shall any persons claiming under or through the
Participating Owner establish or permit any such practice or
practices of discrimination or segregation to exist with
reference to the selection, location, number, use or occupancy
of tenants, lessees or vendees in the property covered by this
agreement.
c. This property is subject to a covenant running
with the land to enforce the terms and provisions of paragraph
95, and this non-discrimination provision shall be
specifically referred to in any conveyance of the property
covered by this agreement hereafter, in addition to any other
covenants which may run with the land and which shall be
binding upon the Participating Owner, its heirs, executors,
administrators, successors and assigns, and all persons
claiming under or through them. These covenants shall inure
to the benefit of and be enforceable by the Agency, its
successors and assigns, and shall run in perpetuity in favor
of the Agency. In the event of any breach of said covenants,
the Agency shall have the right to exercise all the rights and
remedies available at law or in equity to cure such breach,
including the right to seek specific performance and to seek
specific compliance with the terms and conditions of this
agreement. In the enforcement of the provisions of these
7
c
"""'
/
:)
,-
'-
covenants, Agency shall have the right to seek enforcement
only against the person who then owns, operates a business
upon, leases, subleases or otherwise uses the single lot or
specific portion of the property upon or to which the alleged
breach relates, and shall bring no action against any person
not directly affected with the breach alleged to have
occurred.
.,....
D. No provision in this agreement is intended to
limit, affect or impair the rights of other secured parties or
other encumbrances upon the property subject to this
agreement, and this agreement has no effect upon obligees
desiring to pursue any remedies as to the enforcement of any
pledge or lien upon the property subject to this agreement;
provided, however, that in the event of a foreclosure sale
.,-
under any mortgage, deed of trust, or other lien or
encumbrance, or a sale pursuant to any power of sale contained
in any such mortgage or deed of trust or the acceptance of a
deed in lieu of foreclosure, the purchaser or purchasers and
their successors and assigns, and the property covered hereby,
shall be and shall continue to be subject to all of the
conditions, restrictions and covenants herein provided for in
Paragraph 9b.
10. Agency agrees that upon completion of the
.-
development by the Participating Owner in performance of this
agreement, Agency shall, subsequent to the issuance of a
certificate of occupancy by the City of San Bernardino, cause
to be prepared and recorded a Certificate of Compliance
'-
8
c
.....~.....,
:J
'-"
'...-'
,-
"'""
substantially in the form attached hereto as Exhibit "D", and
by this reference made a part hereof, which Certificate of
Compliance will state that the rights reserved to the Agency
under this agreement shall cease to exist, except those
specific covenants of paragraph 9B which shall continue in
effect. The covenant set forth in paragraph 9B shall run with
the land, and be binding upon all successor owners or
occupants of the premises in perpetuity, and that obligation
shall not be released by the recording of a Certificate of
Compliance.
11. In the event that the Participating Owner fails to
comply with any of the terms of this agreement, including the
Exhibits hereto, such failure shall constitute an event of
c
default and breach of this agreement. In the event of such
default, the Participating Owner hereby agrees to pay an in
lieu of development fee to Agency to partially offset Agency's
inability to receive anticipated tax increment funds from this
development as early as planned. If no such specific fee is
specified in Exhibit nen, in the event of any breach of this
agreement, Participating Owner agrees to fully reimburse the
Agency forthwith for that amount of money paid by the Agency
to the participating Owner up to the time of the default, as
an advance, or reimbursement for the installation and
construction of any improvements paid for by Agency, or for
any other purpose, and shall reimburse to Agency all funds
.-
expended by Agency as administrative costs, fees, expenses,
'-
attorney fees, or any other item of expense legitimately
9
c
-
\,..I
""'"
v
-""
,...;
,-
encountered by the Agency during the term of this agreement.
All sums due shall bear interest at the rate applicable to
judgments from the date the expense was incurred or the money
paid out by the Agency, whichever is earlier. Agency shall
have such other rights and remedies as may be permitted by
.......
law, with no remedy being deemed exclusive. Agency may pursue
any remedy or combination of remedies authorized by law,
without limitation.
12. This agreement shall be in full force and effect as
of the date that this agreement is signed by and on behalf of
both parties, and shall inure to the benefit of and be binding
upon the parties hereto, their respective heirs, executors,
administrators, successors or assigns from the date of its
-
'--
execution.
13. City joins in this Agreement for the purpose of
accepting the improvements to the property owned by Southern
California Edison Company, agreeing to maintain the property
for seven years subject to reimbursement as provided for
herein, and for the purpose of holding Participating Owner
harmless from liability arising out of the maintenance and use
of such Southern California Edison Company property as
improved by Participating Owner. City's undertakings are set
forth in Exhibit "F" attached hereto.
-
14. Any notices required or authorized to be given by
one party to the other shall be deemed effective if mailed by
certified or registered mail, return receipt requested, to the
following address or such subsequent address as to which
'-
notice of change of address has been served:
10
c
-
"'""
-
'-
-
'-'
--- -
o
""',
-vi
AGENCY:
PARTICIPATING OWNER:
Redevelopment Agency of
the City of San Bernardino
300 North -D- Street
San Bernardino, CA 92418
Villa Cielo
CITY:
Attn: City Administrator
City of San Bernardino
300 North -D- Street
San Bernardino, CA 92418
IN WITNESS WHEREOF, the Agency and participating Owner
have executed this agreement effective as of the date first
above written.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
VILLA CIELO
By
By
Chairman
By
By
Secretary
CITY OF SAN BERNARDINO
By
ATTEST:
Mayor
City Clerk
Approved as to legal form
and adequacy:
By dlR~ ~~~rL-'
Agency Counsel v~.:7'
fi? # . \,I///? r
By {/'L~.;;,:.:.~-<.."... / j;"i-~':>'>:-!:./
City' Attorney
11
,
,j
c
-
"-
I""""
"""
,-
"-'
~ -
c
:)
~,
,
.."I
ATTACHMENTS:
Exhibit RAR, Legal Description of property;
Exhibit RBR, Undertakings and Obligations of Agency;
Exhibit RCR, Undertakings and Obligations of
Participating Owner;
Exhibit RDR, Form of Certificate of Compliance;
Exhibit RER, Resolution of Board of Directors,
Certificate of Partnership, or other evidence of authority to
execute Agreement;
Exhibit nFR, Undertakings and Obligations of City;
Exhibit RGR, Correspondence from J. M. Martin
Development;
Exhibit RHn, Memo from James L. Parker, Park
Superintendent;
Exhibit RrR, Site Plan for Parkway Court.
12
c
-
~
-
,-.
.-
'-
c
:J
'".,,;'
EXHIBIT -A-
LEGAL DESCRIPTION OF PROPERTY
The property which is sUbject to this Agreement is that
certain parcel(s) of property situate in the City of San
Bernardino, County of San Bernardino, State of California,
depicted as Parkway Court on the site map attached hereto as
Exhibit nIno The property is described as Assessor's Parcel
Number 266-115-07, but a full legal description of such
property shall be included in this Exhibit prior to execution
and recording of this Agreement.
13
.'-~
'-
,-
.~
,.-
'--
-
"'-'
,.-..
'-'
:.J
..j
EXHIBIT -B-
UNDERTAKINGS AND OBLIGATIONS OF AGENCY
AGENCY AGREES TO:
1. Lend to Participating Owner the sum of $125,000 bearing
interest at the rate of seven per cent per annum, repayable by
credit against tax increment upon completion of project, or in
full within two years if the development is not completed.
The loan shall be made by Agency upon execution of this
Agreement.
14
,
10""..-
,-
'-
-
'"'"
.-
'-
,""''''
"
_/
'-'
~
EXHIBIT .C.
UNDERTAKINGS AND OBLIGATIONS OF PARTICIPATING OWNER
PARTICIPATING OWNER AGREES TO:
1. To complete development of one hundred sixty (160)
units of multi-family apartment units in a complex situate
east of University Parkway between College Avenue and State
Street not later than one hundred eighty (180) days from the
date of execution of this Agreement. Work thereon has already
commenced.
2. To help City acquire from Southern California Edison
Company, for City, the use of 2.85 acres of land lying
easterly of Participating Owner's property, which use shall be
granted by Edison in the form of an easement, license or
permit at no cost to City. This property is hereinafter
referred to as the green area.
3. Improve the green area including, but not limited to,
that work contemplated by that certain letter from J. M.
Martin Development to Elliott Shaw, L. A. Wainscott &
Associates, dated May 12, 1986, a copy of which is annexed
hereto as Exhibit nGn to this Owner's Participation Agreement.
This improvement shall be completed within one hundred eighty
(180) days from the execution of this Agreement.
4. Payor have Agency pay on its behalf, to the City of
San Bernardino the estimated expense of maintenance of the
green area, for the first twenty-five (25) months in advance,
($17,544.00) payable at the time of execution of this
15
c
.-
'-
-
'-
.-
........
-
...'"
1
-....,I
",","."\
...,..I
'-'
Agreement. This cost is based on the estimate attached as
Exhibit RHR.
5. To execute and deliver to the Agency a promissory note
evidencing the loan of $125,000, bearing interest at the rate
of seven per cent (7%) per annum, repayable from tax increment
as it flows, but payable in full by Participating OWner two
years from the date of execution of this Agreement if the
Participating OWner fails to complete the development of the
project contemplated in paragraphs 1, 2 and 3 above. The note
shall be in form approved by Agency Counsel.
16
- -
-
L. 0 EXHIBIT "D":)
CERTIFICATE OF COMPLIANCE
No. 607
Aug -''''82
I
c
FOR PROPERTY OWNER'S PARTICIPATION AGREEMENT
WHEREAS.
hereinafter referred to as the "Owner Participant", has entered into a Property
Owner's Participa In Agreement with the REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO. CALIFORNIA. hereinafter called the "Agency"; and
WHEREAS, said Property Owner's Participation Agreement. dated the
day of
, 19_, was recorded on
, 19
as Document No.
in the Official Records of the County Recorder of
the County of San Bernardino. State of California; and
WHEREAS. in Section of said Property Owner's Participation Agreement
-
c
the Owner Participant and the Agency agreed that upon the completion by the Owner
Participant of the improvements. namely
. in a manner satisfactory
to the Agency and subsequent to the issuance of a Certificate of Occupancy by the City
of San Bernardino. the Agency would cause to be prepared and recorded a Certificate
of Compliance.
NOW. THEREFORE. BE IT RESOLVED by the Redevelopment Agency of the City
of San Bernardino. California, that the Agency does hereby determine, conclusively
certifies. and gives notice that the Owner Participant has fully satisfied. terminatec.
and completed, for itself, its successors and assigns. all covenants and agreements
with respect to the Obligations of Owner Participant for the building upon and improve'
-
.......
ments to said land, carried out in conformity with the fire. health, and buildinl; code
requirements of the City of San Bernardino. and the provisions of the Redevelopment
17
. .
c
-
'-'
-'"",
~".
..)
-.....i
Plan for the
Project
r......
Area. and the Declaration of Restrictions. and in accordance with the !inal plans
........
and apeci!ications approved by the Allency. and the dates for the bellinninll and
completion thereo!. provided for in said Agreement. upon the hereinafter described
real property:
IN WITNESS WHEREOF. the Agency has caused this certificate to be duly
executed on its behalf and its seal to be hereunto affixed and attested on this
day of
. 19
c
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO. CALIFORNIA
(SEAL)
Chairman
.
Secretary
APPROVED AS TO LEGAL
FORM AND ADEQUACY:
Agency Counsel
-
.......
18
c
,-
'-'
-
'-
"'""
.-..)
EXHIBIT -B-
EVIDENCE OF CORPORATE OR OTHER AUTHORITY TO EXECUTE AGREEMENT
.-
'-'
-
'-'
10
:)
c
-
"'"
.",....
'-'
-
"-
-
-
-
~.
--
'-'
:;
~
'-'"
EXHIBIT .F.
UNDERTAKINGS AND OBLIGATIONS OF CITY
CITY AGREES TO:
1. Accept a grant of the use of the green area referred
to in Exhibit "C" from Southern California Edison Company, on
such terms as are mutually acceptable to City and Edison. The
green area is depicted as the "Edison Easement" on the site
plan for Parkway Court which is annexed hereto as Exhibit "In.
2. City shall accept full responsibility for the care,
maintenance and upkeep of the green area, and agrees to hold
Participating Owner, it agents, officers, employees and
assigns, harmless from any liability arising from the use and
maintenance of the green area by City. Once Participating
Owner has completed the landscaping as contemplated in Exhibit
"CO, and City has accepted the site from Participating Owner,
Participating Owner shall have no additional responsibility
for care or maintenance except to payor have paid on its
behalf the estimated cost of such maintenance as specified in
Exhibit "Co.
3. Upon notification by Participating Owner that the
landscaping has been completed, City shall cause the green
area to be inspected by City's Director of Parks, Recreation
and Community Services, who shall certify its acceptability
and approve it if the area meets the specified standards.
20
-
---
c
-
~
- -
-
-~
-c
fiG II -"'"
'-"
...,"'
\,
-...I
OXHIBIT
RECEIVED
lQ~fi.MARTIN
MJl.Y 1 ~ i985
Development
May 9, 1986
1: It. WAINSCOTT 6 .AssOCIATES
j;:!l/II. ENOINElU
",c>Z.oZ
WO.___._._
'L17'7~
~~
Elliott Shaw
L. A. WAINSCOTT & ASSOCIATES
22400 Barton Road, Suite 200
Grand Terrace, CA 92324-5086
Dear Elliott:
In response to a recent request by Gordon Quill, Councilman for our project district in
San Bernardino, I am providing the following estimate of cost to landscape the Edison
property Immediately adjacent to our apartment project known as Ridgellne Park. The
estimate of work to be performed is as follows:
Public Improvements which shall Include curb, gutter,
spandrel, paving base, A. C. pavement, wheelchair ramp,
and driveway approach
Landscape Design will Include preliminary design,
construction drawings, Irrigation plan, planting plan,
details and notes
Installation of Landscaping shall Include fine grade,
clearing, Irrigation, hydroseed turf, hydroseed ground
cover, eucalyptus mulch, decomposed granite, 15 gallon
trees, and redwood header board
Contract Administration and Supervision provided by
J. M. Martin Development shall Include solicitation
of bids from qualified contractors, review of bonding
and license qualifications, biddger selection, contract
administration, accounts payable, bonding and licensing,
and Comprehensive Liability and Workmen's Compensation
Insurance
Profit on Contracted Work by J. M. Martin Development
$7,000.00
$1,250.00
$94,706.00
$4,500.00
Waived
TOTAL ESTIMATED COST
$107,456.00
In an effort to display our sincere desire to cooperate with the City In this matter, we
have already Instructed our landscape architect and planning firm to begin the working
drawings for the landscape design and, In addition, we have already Instructed our curb
& gutter contractor to install the curb and gutter easterly along the northern boundary
of the proposed park site. As of this date we have not received the estimates previously
discussed with respect to the extended maintenance term. Please contact the necessary
Individuals at the City of San Bernardino for the estimate of maintenance cost and attach
to the estimated cost indicated above. Elliott, I am relying upon your efforts to convey
3919 Westerly Place, SuIte 100, Newport 8ellcb, CaIIIomlll92660 (714) 833.1720
21
-
-
---
c
-
v
~
-...I
:)
- this to the individuals at the City, Including Mr. Cordon Quill, In the appropriate fashion,
'-' as you see fit.
Prior to beginning any actual construction or installation of the lanclsCllping. we will
need a formal agreement with the Redevelopment Agency of the City of San Bernardino
with respect to reimbursement for the above estimated cost.
Thank you for your cooperation In this matter. Please do not hesitate to contact me
if you have any questions regarding this issue.
Respectfully,
OPMENT
c
-
'-'
22
,-"'-
'-
,-
'-'
-
'-
c
C I T Y 0 F SAN B ERN A R DIN 0
INTERn~FICE MEMORAN~~M
, ,8604-91Z
TO:
GORDON QUIEL. COUNCILMAN
JAMES L. PARKER, PARK SUPERINTENDENT
FROM:
SUBJECT. LANDSCAPE MAINTENANCE, EDISON RI6HT-OF-NAY
DATE.
Apr i I 30. 1986
(6695)
COPIES.
ANNIE F. RAMOS. DIRECTOR. PARKS. RECREATION &
COMMUNITY SERVICES
-------------------------------------------------------------
The following il a COlt break-out for total .aintenance by
the Park Divilion of the Edilon risht-of-way adjacent to the
Villa Cielo apart.ent co.plex develop.ent. a total of Z.85
acres.
1 .
Mowins,
buil; 4
work.r s.
.dSing. line tri.mins of ar.a on w.ekly
houri per we.k. 5Z w..ks; av.rase wase of
9.Z7 per hour 11.9Z8.00
Z.
Tr.e. Ihrub prunins and plantins on an al n..ded
balil; av.rase was.. 8.68; .Iti.ated Z6 houri per
year IZZ6.00
3.
Litter pickup on 5-day per w..k balll; averase wase
8.68; .Iti.ated 5-hourl p.r day IZ.Z57.00
4.
Irr1sation r.pairs due to br.akas., vandalilm. and
oth.r caulell averase wase. 9.83; .Iti.at.d Z6
houri p.r y.ar IZZ6.00
5.
Ch..ical application for w..d
av.ras. was.. 9.87; .Iti.at.d
and rod.nt control;
Z6 hours p.r y.ar
tzZ6.00
6.
N.eding and replanting
includ. Edilon access
one hour p.r week
of sround cov.r areas to
roads; av.rase wase. 8.50;
UZO.OO
7.
Tractor and construction work; i.... overse.ding,
aerating, hrti I izing. and other unknown repairs;
averase wage. 9.51; .stimated Z6 hours per year
!UZ...QQ
SUBTOTAL
16.4X EQUIPMENT USE
35.ZX OVERHEAD
TOTAL
15.560,00
91Z.00
1&!~Z...QQ
tB.4Z9.00
TOTAL FOR INITIAL 7 YEARS
159.003.000
. "
F7-~ H
2.3
:.J
"
, '.
. t-"
'. "'"
INTEROFFICE MEMORANDUMIr-l604-91Z Q
LANDSCAPE MAINTENANCE, ~ISON RI6HT-OF AY
April 30, 1986
Pase Z
:J
'-
The above cov.rs total op.n ar.a car., not Just .ovlns and
tr.. triaalns. Wh.n the D.part..nt b,sins to .alntaln the
ar.a, a vork order viii b. .stabllsh.d to account for all
costs, and It viii b. adJust.d annually as r.qulr.d for
salarYI .at.rlals, s.rvlc.s, and suppll.sl and .qulp..nt cost
chanses. If further lnfor.ation Is n..d.d, pl.as. advls..
~7!~~
t?;::~SS~PERINTENDENT
JLP/pv
,-
'-
,-
'-
24
c
-
'- .
.. ~
)'.,
~ "',
c../ _
,
.----- ".
c '. >-0
. ~".
.. "~tell!
a~..I!!
nuu
~~!;;;~
:i:i:i:ili:i
:'I&:IIl:
.,...... c:r.
:f.g; rJ:
. - -
~i .
Zl ;cEs
~ !'aE~~g
~" ~I'"
. c 5 ~.
\..J b!l'I! ~ ili
-E ....,fa L ~ ~
ttI ~
'.
"
....
I
U R
Iii ~I
..
us i
...... !
~III
c caU :11'0/
inh~
-
-
....
-,
,..
I
Iii
III
~
III
I~
I
.
~
f
~ I.
~ 12
IQ\ Ii
~ a~
nMII
!l=U
&>>1
, [a-I
. , <
f
,
.
EE
lit
U; .
tV
~
~
@
(Q)
.~
~