HomeMy WebLinkAboutR35-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM:
Gary Van Osdel
Executive Director
OR 1 G \ N A rJECT:
ill-WAY AUTO RECYCLERS-
CERTIFICATE OF COMPLETION
DATE: September 8, 2004
Svnopsis of Previous Commission/CounciVCommittee Actlon(s):
On August 7, 2000, the Community Development Conunission of the City of San Bernardino approved the 2000
Disposition and Development Agreement with Hi-Way Auto Recyclers, LLC.
On January 25, 2001, the Community Development Conunission of the City of San Bernardino approved Amendment
No. I to the 2000 Disposition and Development Agreement with Hi-Way Auto Recyclers, LLC.
On October IS, 2001, the Community Development Conunission of the City of San Bernardino approved Amendment
No.2 to the 2000 Disposition and Development Agreement with Hi-Way Auto Recyclers, LLC.
On September 7, 2004, Redevelopment Conunittee Members Estrada, Longville and McGinnis unanimously voted to
recommend that the Community Development Conunission consider this action for approval.
Recommended Motlon(s):
(Community Development Commission)
MOTION A: A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTIVE DIRECTOR OR ITS DESIGNEE TO
EXECUTE THE CERTIFICATE OF COMPLETION TO THE 2000 DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO AND HI-WAY AUTO RECYCLERS, LLC
Contact Person(s):
Project Area(s)
Mike Trout
Phone:
(909) 663-1044
6
Northwest
Ward(s):
Supporting Data Attached: ~ Staff Report ~ Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) ~ Letters
SIGNATURE:
o
Source:
N/A
N/A
FUNDING REQUIREMENTS Amount: $
Commission/Council Notes:
~~ 10r ~'O9?(}\4-31
P:\Agendas\Comm Dev Commission\COC 2004\04-09-20 Hi-Way Auto - COC.OOe
COMMISSION MEETING AGENDA
Meeting Date: 09/20/2004
Agenda Item Number: ~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
HI-WAY AUTO RECYCLERS - CERTIFICATE OF COMPLETION
BACKGROUND:
On August 7, 2000, the Mayor and Common Council and the Community Development Commission
conducted a joint public hearing concerning the sale of Agency land and authorization to execute a
Disposition and Development Agreement ("DDA") with Hi-Way Auto Recyclers. The Project
consisted of the construction of a 43,000 square foot building and landscaping to house an all indoor
auto-dismantling operation. The operation relocated to San Bernardino from Fontana. While in
Fontana, the company employed 11 individuals. However, with the move to San Bernardino, 3-4
additional employees were expected to be hired. Per Section 3.07 of the DDA, upon completion of the
Project Hi-Way Auto Recyclers was to request a "Certificate of Completion" to certifY that all
improvements to the Property had been completed per the DDA. However, prior to executing the
Certificate of Completion, Exhibit "E" the "Certificate of Completion" requires a resolution of the
Community Development Commission that the improvements to the Property have been completed by
the Developer in accordance with the DDA.
CURRENT ISSUE:
The Project is completed and open for operation. Besides the previous 11 jobs that came with the
relocation, the company has hired 4 additional employees. The owner of Hi-way Auto Recyclers,
Robert Davidyan, has requested that the Agency execute the Certificate of Completion (Exhibit "E" to
the DDA) in accordance with the provision of the DDA.
ENVIRONMENTAL IMPACT:
None.
FISCAL IMPACT:
The Agency received $179,409 from the sale of the Property and spent $25,000 for off site sewer
connection. As a result of the improvements, it is estimated the Property will generate $16, 000 in
annual tax increment.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
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P:\Agendas\Convn Dev ConnnissionlCOC 2004\04-09-20 Hi-Way AlltO. COC-doc
COMMISSION MEETING AGENDA
Meeting Date: 09/20/2004
Agenda Item Number: t<.3)"
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028
CCQ)~)f
RESOLUTION NO.
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE
DIRECTOR OR ITS DESIGNEE TO EXECUTE THE CERTIFICATE OF
COMPLETION TO THE 2000 DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND HI-WAY AUTO
RECYCLERS, LLC
WHEREAS, the Community Development Commission of the City of San Bernardino
(the "Commission") is the governing body of the Redevelopment Agency of the City of San
Bernardino (the "Agency"), a public body corporate and politic, organized and existing
pursuant to the Community Redevelopment Law (California Health and Safety Code Section
33000, et ~.); and
WHEREAS, the Agency and Hi-Way Auto Recyclers, LLC, a California limited
liability company (the "Developer") entered into that certain 2000 Disposition and
Development Agreement dated as of August 14, 2000 (the "2000 Disposition and
Development Agreement") for the purpose of implementing the Redevelopment Plan for the
Northwest Redevelopment Project by providing for the purchase and redevelopment of
certain unimproved lands by the Developer (the "Property"); and
WHEREAS, the Developer encountered unexpected delays In completing its due
diligence investigation regarding the Property and requested that certain provisions of the
2000 Disposition and Development Agreement be amended to extend the period of time in
which the Developer's due diligence investigation of the Property was to be completed; and
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WHEREAS, the Agency approved an amendment ("Amendment No.1") to the 2000
Disposition and Development Agreement, extending the period of time in which the
Developer's due diligence investigation of the Property was to be completed; and
WHEREAS, on July 26,2001, the Developer delivered to the Agency its Due Diligence
Certificate (as that term is defined in the DDA) with respect to the Property; and
WHEREAS, the Developer requested an extension of the period of time between
delivery of the Due Diligence Certificate and the Closing Date so that it can meet its
obligation to deliver evidence of construction financing already funded for the Project; and;
WHEREAS, the Agency approved an amendment ("Amendment No.2") to the 2000
Disposition and Development Agreement (the 2000 Disposition and Development
Agreement as amended by Amendment No. 2 being hereinafter referred to as the DDA"),
extending the period of time in which the Developer has to close escrow in order to deliver
evidence of construction financing; and
WHEREAS, the Developer closed escrow for the purchase of the Property from the
Agency in March 2003; and
WHEREAS, the Developer faithfully prosecuted construction of Project, completing all
construction activities in November 2003; and
WHEREAS, upon completion of the Project, the Developer is to request a Certificate of
Completion identified as Exhibit "E" of the DDA; and
WHEREAS, the Developer has made a written request, included with this resolution as
Exhibit "A", for the Certificate of Completion.
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028
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
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THE CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, FIND AND
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DETERMINE AS FOLLOWS:
Section 1.
The facts set forth in the Recitals of this Resolution are true and correct.
Section 2.
The Executive Director or his designee is hereby authorized to execute
the Certificate of Completion, included with this resolution as Exhibit "B", for the 2000
Disposition and Development Agreement by and between the Redevelopment Agency of the
City of San Bernardino and Hi-Way Auto Recyclers, LLC.
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028
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A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIVE
DIRECTOR OR ITS DESIGNEE TO EXECUTE THE CERTIFICATE OF
COMPLETION TO THE 2000 DISPOSITION AND DEVELOPMENT
AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND HI-WAY AUTO
RECYCLERS, LLC
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit
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Development Commission of the City of San Bernardino at a
meetin
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Rachel Clark, City Clerk
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21 The foregoing Resolution is hereby approved this _ day of
,2004.
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Judith Valles, Chairperson
Community Development Commission
ofthe City of San Bernardino
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Approved s 0 form and Legal Content:
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By:
P \Agendas\Re'Solulions\RC5olulions\2004\04.09.20 Hi-Wa~ AUIO.Ccrt ofComp CDC Reso doc
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Exhibit "A"
Letter from Hi-Way Auto Recyclers, LLC
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~ H'I
f." " L:'
'jjr:'WAY AUTO RECYCLERS, LLC
'~ 5401 Industrial Parkway
. "San Bernardino, CA 92407
909-887-9332
August 20,2004
Economic Development Agency
Oty of San Bernardino
201 North E Street, SUite 301
San Bernardino, CA 92401
A1TN: Mike Trout
Dear Sir:
This letter Is to request our Certificate of Completion as defined In the DiSposition
and Development Agreement of August 14, 2000 for 5401 Industrial Parkway in
the City of San Bernardino.
If you have any questions, please call at 909-887-9332
Thank you for your prompt response to this request.
Res
obert Davidyan
Hi-Way Auto Recyclers, LLC
o
Exhibit "B"
Certificate of Completion
2000 Disposition and Development Agreement
Hi-Way Auto Recyclers, LLC
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Recording Requested By
And When Recorded Mail To:
Redevelopment Agency of the
City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, CA 9240 I
Attn: Executive Director
CERTIFICATE OF COMPLETION
We, Judith Val1es, Chairperson and Gary Van Osdel, Secretary of the Redevelopment Agency
of the City of San Bernardino (the "Agency") hereby certify as fol1ows:
By its Resolution No.
has resolved as fol1ows:
, adopted and approved
, 2004 the Agency
Section I. The improvements required to be constructed in accordance with that certain
Disposition and Development Agreement (the "Agreement") dated August 14,2000, by and between
the Agency and the Hi-Way Auto Recyclers, LLC, a California limited liability company, (the
"Developer") on certain real property, as more specifical1y described in the legal description attached
hereto as Exhibit "A" and incorporated herein by this reference (the "Property"), have been
completed in accordance with the provisions of said Agreement.
Section 2. This Certificate of Completion shal1 constitute a conclusive determination of
satisfaction of the agreements and covenants contained in the Agreement with respect to the
obligations of the Developer, and its successors and assigns, to construct and develop the
improvements on the Property, excluding any normal and customary tenant improvements and minor
building "punch-list" items, and including any and al1 buildings and any and al1 parking, landscaping
and related improvements necessary to support or which meet the requirements applicable to the
building and its use and occupancy on the Property, whether or not said improvements are on the
Property or on other property subject to the Agreement, al1 as described in the Agreement, and to
otherwise comply with the Developer's obligations under the Agreement with respect to the Property
and the dates for the beginning and completion of construction of improvements thereon under the
Agreement; provided, however, that the Agency may enforce any covenant surviving this Certificate
of Completion in accordance with the terms and conditions of the Agreement and the grant deed
pursuant to which the property containing the Property was conveyed under the Agreement.
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Said Agreement is a n official record of the Agency and a copy of said Agreement my be inspected in
the office of the Secretary of the Redevelopment Agency of the City of San Bernardino located at 201
North "E" Street, Suite 30 I, San Bernardino, California, during regular business hours.
Section 3. The property to which this Certificate of Completion pertains is more fully
described in Exhibit "A" attached hereto.
Date and Issued this
day of
2004.
Gary Van Osdel, Executive Director
Redevelopment Agency of the
City of San Bernardino
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EXHIBIT "An
Legal Description of Property
PARCEL NO.1:
BEING A PORTION OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 4 WEST, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND AS
CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 3772, PAGE 93, OFFICIAL RECORDS
(INTERSTATE 215) AND THE NORTHERLY LINE OF THAT PARCEL OF LAND CONVEYED TO THE SAN
BERNARDINO COlINn' FLOOD CONTROL DISTRICT BY DEED RECORDED IN BOOK 2268, PAGE 142, OFFICIAL
RECORDS (DEVIL CREEK CHANNEL), SAID POINT OF INTERSECTION BEING THE TRUE POINT OF BEGINNING
FOR THIS DESCRIPTION; THENCE FROM SAID POINT NORTH 35 DEG. 03' 36" WEST, 368.13 FEET ALONG SAID
SOlITHWESTERLY LINE OF INTERSTATE 215; THENCE SOlITH 54 DEG. 56' 24" WEST 493.49 FEET; THENCE
SOlITH 37 DEG. 21' 55" EAST, 333.18 FEET TO A POINT IN THE NORTHERLY LINE OF SAID DEVIL CREEK
CHANNEL; THENCE ALONG SAID NORTHERLY LINE NORTH 59 DEG. 08' 09" EAST, 481.38 FEET TO CLOSE ON
THE TRUE POINT OF BEGINNING.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE, CERTIFICATE NO. 9A-06,
RECORDED DECEMBER 14, 1994, INSTRUMENT NO. 94-493165, OFFICIAL RECORDS.
PARCEL NO.2
AN EASEMENT, 80 FEET WIDE, FOR ROAD PURPOSES OVER A PORTION OF SECTIONS 12 AND 13, TOWNSHIP 1
NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, ACCORDING TO THE EXTENSION OF THE LINES OF THE OFFICIAL GOVERNMENT
SURVEY EXTENDED INTO RANCHO MUSCUPIABE, DESCRIBED AS FOLLOWS:
BEING 40 FEET ON EITHER SIDE OF THE CENTER LINE WHICH IS DESCRIBED AS FOLLOWS:
(THE 40 FEET LINES BEING LENGTHENED OR SHORTENED TO INTERSECT THE SOlITHEASTERL Y LINE.!!'
PALM AVENUE AND THE WESTERLY LINES OF THE PROPERTY CONVEYED TO SAN BERNARDINO COUNTY
FLOOD CONTROL DISTRICT BY DEED RECORDED JULY 27, 1948, IN BOOK 2268, PAGE 146, OFFICIAL RECORDS,
AS DOCUMENT NO. 131.)
BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND, AS CONVEYED TO THE
STATE OF CALIFORNIA BY DEED RECORDED OCTOBER 25, 1955, IN BOOK 3772, PAGE 93, OFFICIAL RECORDS,
AND DESCRIBED AS PARCEL "c" IN THE ABOVE MENTIONED DEED, SAID SOlITHWEST CORNER BEING ON
THE EASTERLY LINE OF PALM AVENUE, 40 FEET WIDE, AS IT NOW EXISTS; THENCE SOlITH 27 DEG. 15' 41"
WEST, 642.71 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTER LINE; THENCE SOlITH 38 DEG. 55' 29"
EAST, 1,285.30 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 600.00 FEET
AND A CENTRAL ANGLE OF 61 DEG. 22' 04"; THENCE SOlITHEASTERLY AND EASTERLY ALONG THE CENTER
LINE OF SAID CURVE, A DISTANCE OF 642.64 FEET TO A TANGENT LINE; THENCE NORTH 79 DEG. 42' 27" EAST,
273.56 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 286.00 FEET AND A
CENTRAL ANGLE OF 61 DEG. 34'; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE CENTER LINE OF
SAID CURVE, A DISTANCE OF 307.32 FEET TO A TANGENT LINE; THENCE SOUTH 38 DEG. 43' 33" EAST, 780.25
FEET TO A TANGENT CURVE CONCAVE TO THE SOlITHWEST, HAVING A RADIUS OF 1,986.00 FEET AND A
CENTRAL ANGLE OF II DEG. 29' 20"; THENCE SOlITHEASTERLY 398.23 FEET ALONG THE CENTER LINE OF
SAID CURVE TO A TANGENT LINE; THENCE SOUTH 27 DEG. 14' 13" EAST, 920.65 FEET ALONG SAID LINE TO A
POINT IN A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 600.00 FEET;
THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 81 DEG. 39'
12", AN ARC DISTANCE OF 855.07 FEET TO A POINT OF REVERSE CURVE CONCAVE TO THE SOUTHEAST AND
HAVING A RADIUS OF 640.00 FEET; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE, A
DISTANCE OF 152.33 FEET TO A POINT OF TERMINATION IN SAID RIGHT-OF-WAY OF THE SAN BERNARDINO
COlINn' FLOOD CONTROL DISTRICT. (SHOWN AS INDUSTRIAL PARKWAY (PRIVATE) ON SAID PARCEL
MAPS.)
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
September 23, 2004
TO:
Wasana Chantha, Acting Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution CDC/2004-34
At the Mayor and Common Council meeting of September 20, 2004, the City of San Bernardino
adopted Resolution CDC/2004-34 - Resolution authorizing the Executive Director or its
designee to execute the Certificate of Completion to the 2000 Dispos(tion and Development
Agreement by and between the Redevelopment Agency and Hi-Way Auto Recyclers, LLe.
Attached is one (I) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Signed:
I dge receipt of the above mentioned documents.
I hereby ac
Date:
Please sign and return
~
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): q- 'LcRlL\ Item # 1L3:>- Resolution #
Vote: Ayes (-, Nays -6 Abstain .e-
Change to motion to amend original documents D Companion Resolutions
Coe:.)ZOcA-3<\
,
Absent -Er-
NulW oid After: -- days I
Resolution # On Attachments: D
PUBLISH D
POST D
Note on Resolution of attachment stored separately: D
RECORD W/COUNTY D By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
'1- 2-"2..--04
q-l 'Z:01
q -l.:z--c, 'I
Reso. Log Updated: ~
Seal Impressed: 1:]-
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
"t- 2-"', -<:/1 Date Returned:
2nd Reminder Letter Sent:
fi~n-ll-~
Not Returned: D
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes / No
Yes No /'
-
Yes No /'
-
Yes No ,/
Yes No/ By_
Copies Distributed to:
Animal Control D EDA ~ Information Services D
City Administrator D Facilities D Parks & Recreation D
City Attorney D Finance D Police Department D
Code Compliance D Fire Department D Public Services D
Development Services D Human Resources D Water Department D
Others: 1
Notes:
Ready to File: _
Date:
Revised 12/18/03