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HomeMy WebLinkAboutR22-Economic Development Agency ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Maggie Pacheco Deputy Director SUBJECT: RULES GOVERNING OWNER PARTICIPATION IN THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT AREA DATE: August 25,2003 ORiGiNAL ______,~____________________.._____________________.._______________________~______________________._.4____________________________________________________________________________~_____________________ Svnopsis of Previous Commission/Council/Committee Action(s): On August 21, 2003, Redevelopment Committee Members Suarez and Estrada voted to recommend that the Community Development Commission consider this action for approval. _________________________.______________________._______________________________________________________________________d___________________________________________________________________________ Recommended Motion(s): (Communitv Develonment Commission) MOTION: THAT THE COMMUNITY DEVELOPMENT COMMISSION APPROVE THE MOTION TO AUTHORlZE REDEVELOPMENT AGENCY STAFF TO PROCEED WITH THE NECESSARY OWNER PARTICIPATION NOTICES TO CERTAIN PROPERTY OWNERS WITHIN THE MT. VERNON CORRlDOR REDEVELOPMENT PROJECT AREA AND THE PREPARATION OF A DRAFT REDEVELOPMENT PROJECT STUDY AND REDEVELOPMENT ASSISTANCE AGREEMENT WITH TRl PALM DEVELOPMENT INC. ------------------+.-------------------~~---------------------~-------------------------~~------------------------------------------------------------------------------------------------------~--++- Maggie Pacheco Mt. Vernon Phone: (909) 663-1044 Contact Person(s): Project Area(s) Ward(s): 1st Supporting Data Attached: [{I Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) [{I Map(s) [{I LetterslMisc. N/A FUNDING REQUIREMENTS Amount: $ -0- Source: (;) Budget Authority: /t~-L~ Maggie Pache 0, Deputy Director N/A SIGNATURE: ________________*_________________d___________________~_________________________+___________________________~~_______--------------------------~--.-*----------------------------------------- Commission/Council Notes: _____*________d_*_*______________*________________~_____-----------------.----------------------------~--------------------------------------------------------------------------------- P:\Agendas\Comm Dev Commission\COC 2003\03-09-02 Mt. Vernon Owner Pan CDC Item.doe COMMISSION MEETING AGENDA Meeting Date: 09/0212003 Agenda Item Number: R1J:J,.; ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Rules Governinl! Owner Participation In the Mt. Vernon Corridor Redevelopment Proiect Area BACKGROUND/CURRENT ISSUE: Agency Staff has recently received a proposal from Tri Palm Development Inc. ("Developer") who would like to develop a convenience store and gas station ("Proposed Development") at the northwest comer of 5th and Mt Vernon within the Mt. Vernon Corridor Redevelopment Project Area. The Proposed Development would encompass approximately nine (9) parcels on the west side of Mt. Vernon (see attached map). While the execution of a Redevelopment Study Agreement with the Agency will by helpful and assist in the firm negotiations with the Developer's partners or possible tenants, the Agency is unable to pursue an agreement at this time until the Agency has complied with the adopted 1990 Rules Governing Participation and re-entry preferences for owners, business and tenants within the Proposed Development. Accordingly, Staff recommends that existing property owners, businesses, and tenants be noticed regarding their rights as owner participants to submit competing development proposals. Staff would send out the Attached Exhibit A, Statement of Interest to Participate, which was approved by the Community Development Commission on May 7, 1990. In accordance with the adopted Rules, the owners and tenants ("Participants") would be given 30 calendar days to submit the written Statement of Interest. Any interested Participants would be evaluated along with the Developer's proposal in order to finalize a recommendation to the Community Development Commission as to the granting of an Exclusive Right Negotiating Agreement. ENVIRONMENTAL IMPACT: None. FISCAL IMPACT: None. RECOMMENDATION: T~~i?,pm~' C,~i"i,o >lop' "" "",hoo '''ill mori,o. Maggie Pacheco, Deputy Director P:\Agendas\Comm Dev CommissionlCDC 2003\03-09-02 MI. Vernon Owner Part CDC Itcm.doc COMMISSION MEETING AGENDA Meeting Date: 09/0212003 Agenda Item Number: ~ ~ _.~~."t"S:::~"IT?3~/7:~"~"~:"""~"::""::':""" ., . .'~. 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I f--- -""'i: 10 . t" .:' 17 ~t-:. ., : +..,..t p 10 .C""..-c; . ....'~.... . .'.,'~3nN3Nt\ .~sQIJ3eo~,'_11 ~~~'i'''':---- P I Ul~~,: o '" '" (g) \ +~"D/~O' .' .......~~1 . . ...~...f_ _". z -s: ~..... -< /... !f:. =-1 '" "?"'~~ ....0 1\- . .(J,NoO') COMMISSION MEETING AGENDA Meeting Date: 09/02/2003 Agenda Item Number: ~ r\ (\ .'<t' O'l t,):'u~~. ~, ~:~~s: ~",~:::... ~...:"'~~ ~ " ~ _0 -0 <l."o ~ go.S CL'" ~ ."> co g (stt)'" ..,-" .., <Xl "'''' .., 0" "'00 <tIllUl ~ - . 0- ..J ~ ~ ~O ~ .S iii 0 . _ 0 '~ "' ov> ~ ~ ~ . ~ - . -.Q -; ~ ~'< o '< @ .,. , o , '" '" .'" 0>"'''' ~~~ ~r: ;;; ~~~ o 0 c :~:~ :~ :u~:u .Q.Q.Q , , , Ulv>V> .s ~ 0 .Ie._ 0 o.~ " E E" ~{:.~ o " o n , , COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RULES GOVERNING PARTICIPATION AND RE-ENTRY PREFERENCES FOR OWNERS, BUSINESSES AND TENANTS IN THE MT. VERNON CORRIDOR REDEVELOPMENT PROJECT (OWNER PARTICIPATION RULES) COMMISSION MEETING AGENDA Meeting Date: 09/02/2003 Agenda Item Number: w.,_ TABLE OF CONTENTS Section 1.0 Purpose and Intent 2.0 Definitions 3.0 General Procedures 3.1 Priorities and Preferences Among Participants 3.2 Criteria for Evaluating Proposals Submitted by Participants 3.3 Time Periods and Procedures for Evaluation of Submittals 4.0 Participation by Owners 4.1 Participation in the Same Location 4.2 Participation in Different Locations 5.0 Participation by Business and Tenants 6.0 Procedure for Becoming a Participant 6.1 Submittal of a Statement of Interest 6.2 Submittal of a Proposal for Owner, Business or Tenant Participation 6.3 Completion of the Participation Agreement 7.0 Limitations on Acquisition of Property by the Commission 8.0 Procedure for Amending Participation Rules Exhibit A - FORMAT FOR STATEMENT OF INTEREST TO PARTICIPATE COMMISSION MEETING AGENDA Meeting Date: 09/02/2003 (i) Agenda Item Nnmber: 1.0 PURPOSE AND INTENT On November 7, 1989, the Planning Commission of the City of San Bernardino selected boundaries of a proposed redevelopment project area designated as the Mt. Vernon Corridor Redevelopment Project Area (the "Project Area"). The Community Development Commission of the City of San Bernardino (the "Commission") has distributed a draft Redevelopment Plan for review and consideration as part of proceedings to consider the adoption of a Redevelopment Plan for the Project Area (the "Redevelopment Plan"). The Commission desires to promulgate rules for owner participation, which shall be applicable to the Project Area, as presently established and as may hereafter be amended. These "Rules Governing Participation and Re-Entry Preferences for Owners, Businesses and Tenants in the Mt. Vernon Corridor Redevelopment Project" (herein; the "Participation Rules") are promulgated to implement the provision of the California Community Redevelopment Law, and the Redevelopment Plan for the Mt. Vernon Corridor Redevelopment Project ("Redevelopment Plan") regarding participation by owners, businesses and tenants in the Project Area. These Participation Rules set forth the procedures governing such participation in accordance with the draft Redevelopment Plan for the Project Area. It is the intention of the Commission to encourage and permit participation in the redevelopment of the Project Area by owners, businesses and tenants residing within the boundaries of the Project Area, to the extent feasible and consistent with the Redevelopment Plan. Participation by individual persons and firms is perm1tted; in addition, to the extent feasible, two or more persons, firms or institutions are urged to participate by joining together in partnerships, corporations or other joint entities. 2.0 DEFINITIONS "Business" means any person, persons, corporation, association, partnership, or other entity engaged in business within the Project Area on the date of, or subsequent to, adoption of the Redevelopment Plan by the Common Council. "City" means the City of San Bernardino, California. "Commission" means the Community Development Commission of the City of San Bernardino. "Common Council" means the Common Council of the City of San Bernardino. COMMISSION MEETING AGENDA Meeting Date: 09/0212003 03/28/90 8885n/2601/11 -1- Agenda Item Number: "Executive Director" means the Executive Director of the Community Development Commission of the City of San Bernardino, or his designee. "Owner" means any person, persons, corporation, association, partnership, or other entity holding title of record to real property in the Project Area on the date of, or subsequent to adoption of the Redevelopment Plan by the Common Council. "Participation Agreement" means an agreement entered into between the Commission and an owner, business or tenant living or operating within the Project Area in accordance with the provisions of the Redevelopment Plan and the rules as designated herein. "pro;ect Area" means the Project Area described in the Redevelopment Plan. "Redevelopment Plan" means the draft Redevelopment Plan for the Redevelopment Project as transmitted by the Commission pursuant to Resolution No. 5228; provided that, in the event the Commission completes proceedings to adopt a Redevelopment Plan for the Project Area, the Redevelopment Plan as so approved shall thereupon replace the draft Redevelopment Plan as the Redevelopment Plan for the Project Area for the purposes of these Participation Rules. Unless otherwise expressly set forth herein, the Redevelopment Plan shall include any amendments to the Redevelopment Plan as the Common Council shall elect to approve. "Statement of Interest", and "Statement of Interest to Participate", means Exhibit "A" hereto, which is incorporated herein by reference. "Tenant" means any person, persons, corporation, association, partnership or other entity that rents or leases real property on the date of, or subsequent to, adoption of the Redevelopment Plan by the Common Council. 3.0 GENERAL PROCEDURES These Participation Rules have been adopted by the Commission specifically to implement the provisions of the Redevelopment Plan for the Mt. Vernon Corridor Redevelopment Project regarding participation and the exercise of re-entry preferences for owners, businesses and tenants within the Project Area (Section 406 of the Redevelopment Plan). Owners, businesses and tenants who are desirous of exercising their participation rights and preferences shall abide by these Participation Rules in exercising their preferences and participation opportunities. COMMISSION MEETING AGENDA Meeting Date: 09/02/2003 03/28/90 8885n/2601/11 -2- Agenda Item Number: The Commission desires and encourages participation in the redevelopment of the Project Area by existing owners, businesses and tenants to the extent feasible in best achieving the objectives of the Redevelopment Plan. In view of the pattern of land usage and development envisioned by the Redevelopment Plan, owners, businesses and tenants in the Project Area will be encouraged, when feasible, to take advantage of their participation re-entry and preference opportunities as described herein. Participation opportunities are, however, necessarily subject to and limited by factors such as the following: The elimination and/or modification of some existing uses. The realignment and/or alteration of some streets. The ability of participants to finance and complete proposed redevelopment within a reasonable time pursuant to a schedule for performance with uses and improvements consistent with and in furtherance of the Redevelopment Plan. The capability and/or experience necessary to implement proposed development, as determined in good faith by the Commission. The construction and expansion of public facilities. 3.1 Priorities and Preferences Among Participants The Redevelopment Plan for the Project Area and these Participation Rules authorize the Commission to establish reasonable priorities and preferences among participants; accordingly, the following order of priorities is established: Owners participating in the same location in compliance with the Redevelopment Plan desiring to build new developments or to rehabilitate existing improvements for uses which conform to the Redevelopment Plan. Owners relocating within the Project Area in accordance with and as a result of the Redevelopment Plan. Business and tenants relocating within the Project Area in accordance with and as a result of implementation by the Commission of the Redevelopment Plan. COMMISSION MEETING AGENDA Meeting Date: 09/0212003 03/28/90 8885n/260l/11 -3- Agenda Item Nnmber: 3.2 Criteria for Evaluating Proposals Submitted bv Participants (A) The Commission may, in its discretion, decline any offer of owner participation, resolve conflicting proposals between owners or resolve conflicting proposals between owners and others interested in developing their property. Proposals submitted for particular sites of land uses will be appraised by the Commission after consideration of the following factors: 1. Conformity of the proposal, including with respect to uses, with the Redevelopment Plan and other applicable enactments; 2. Conformity of the proposal with the intent and objectives of the Redevelopment Plan; 3. The degree to which the proposal best furthers the objectives of the Redevelopment Plan; 4. The employment opportunities and economic benefits to the Commission and to the community which can be reasonably expected to result from the implementation of the proposals; 5. Development team qualifications, including experience and financial capacity to undertake the project, the ability of the person(s) desiring to redevelop the property to implement the proposed project, taking into consideration the proponent's financial capability, prior experience with similar development, degree of site control, ability to obtain financing, ability to abide by Commission design standards and development controls, and readiness to proceed; 6. Estimated cost, if any, of City or Commission involvement, including the provision of City or Commission services, to be required if the proposal is accepted; 7. Removal of blighting conditions within the Project Area and the upgrading of uses; 8. Economic benefits to the Commission, the City, and the community, as determined by a costjbenefit analysis, if the proposal is approved and the proposed development implemented; 9. The likelihood of successful implementation; COMMISSION MEETING AGENDA Meeting Date: 09/0212003 03/28/90 8885n/2601/11 -4- Agenda Item Number: 10. Time schedule for completion of the proposed project; 11. Involvement of other Project Area tenants or owners; 12. Completeness of the proposal, including land uses, site control, financing proposal, densities, tenants and, if applicable, manufacturer or franchise approval; 13. Environmental benefits (or lesser degree of detrimental impact); and 14. Quality of design, project concept and architectural design features. . Satisfaction of the above listed criteria can be effected by the submitted party itself, or by a partner or joint venturer. Any such partner or joint venturer must be identified at the time of submittal and must be authorized to make representations to the Commission on behalf of the partnership or joint venturer. (B) In the event conflicting submittals are received which satisfy the criteria set forth in Section A, the following criteria shall be applied to resolve such conflict: 1. Best satisfaction of the criteria set forth in Section A; 2. Greatest public benefit. The Commission may receive and consider proposals from persons other than Owners or Tenants concurrent with the receipt and consideration of proposals by Owners and Tenants. The Commission will evaluate all such proposals based upon the criteria set forth in Section 3.2. The Commission shall give preference to proposals by Owners and Tenants in the event an Owner or Tenant submits a proposal which fulfills the criteria set forth in Section 3.2 to substantially the same extent as that achieved by a proposal by a person other than an Owner or Tenant. 3.3 Time Periods for Participation and Procedures for Evaluation of Submittals At anytime prior to entering into an agreement with a developer from outside the Project Area for the assemblage of a particular site, the Commission, through its staff, will notify all directly affected Owners and Tenants from within the COMMISSION MEETING AGENDA Meeting Date: 09/02/2003 03/28/90 8885n/2601/11 -5- Agenda Item Number: particular site of the Participation Rules. Owners and Tenants s~ notified will be given thirty (30) calendar days to respond, indicating by a "Statement of Interest" whether they are interested in being considered as participants and, if so, in what capacity (further described in Section 7.1). Any Statement of Interest must be in writing, in the form of Exhibit "A". The Commission staff shall, within ten (10) calendar days after receipt of a Statement of Interest, acknowledge receipt of the Statement by a confirming letter to the prospective participant. Such written acknowledgment shall not obligate the Commission to ultimately reach agreement with the applicant or to reject other proposals. Within forty-five (45) days of the deadline for SUbmitting the Statement of Interest, (thus within a total of seventy-five (75) days from original notification) any Owner or Tenant desiring to be considered as a developer must submit a detailed proposal of the project which shall include such items as a construction pro forma, an operating pro forma, a business plan, side elevations and a site plan. An Owner or Tenant desiring to participate as a Tenant shall describe generally its business, and shall provide such additional information as may be requested by the Executive Director. The Commission's staff will be available throughout the above-listed time frame to discuss proposals and to assist informally in the making of necessary adjustments conducive to the parties involved; provided that the proponent, and not the Commission staff, shall be responsible for the content of any proposal. The Commission will make reasonable efforts to accommodate the interest Owners, businesses and Tenants desiring to participate in the project. Upon receipt of requests for consideration by Owners or Tenants from within the Project Area with respect to owner participation or re-entry of business within the Project Area, the Commission, through its staff, will review such submittals, as set forth below. A similar process is to be followed with respect to other Owners and Tenants of other properties within the Project Area at such later time as the Commission or its Executive Director shall deem appropriate. Upon receipt of submittals, initial evaluation shall be conducted by the Executive Director of the Commission. Each party making a submittal is responsible for the completeness and accuracy of its submittals. If requested by the Executive Director, submittals shall include a construction pro forma (if applicable), an operating pro forma, a business plan, side elevations and a site plan. Proposals to participate as tenants shall include a description of the subject business, a business plan, and such other information as the proponent may deem appropriate or as may be requested by the Executive Director. These items may also be requested of a party that expresses an interest to participate solely as a Tenant. COMMISSION MEETING AGENDA Meeting Date: 09/02/2003 03/28/90 8885n/2601/11 -6- Agenda Item Number: In the event the Executive Director notifies a party making a submittal that the submittal is incomplete or that additional information is required, such party shall be allowed two (2) weeks to complete its submittal. The failure to provide such additional information of the submittal in a timely manner will terminate consideration of any such submittal. Upon receipt of one or more submittals, and additional information as applicable, the Executive Director will evaluate the submittal and make a determination with respect to whether the submittal conforms to the criteria set forth in Section A. In the event a party having made a submittal disagrees with conclusions reached by the Executive Director, such party may appeal such decision to the governing board of the Commission by making written request therefore within ten' (10) days after the Executive Director transmits notice of the initial evaluation. The review of such submittal(s) by the Commission shall be de ~ (anew). Where the Executive Director deems appropriate, the Executive Director or a staff member will meet with the applicant and discuss the proposal prior to making a determination concerning the proposal. A determination shall be made by the Executive Director within forty-five (45) days after the receipt of the proposal, or the time the proposal is required to be received, whichever is earlier; provided that the foregoing 45-day period shall be subject to reasonable extension upon the mutual agreement of the Executive Director and the party making the submittal. Any decision by the Executive Director resolving a conflict between submittals may be appealed for de ~ review by the governing body of the Commission by the applicant by making a written request within ten (10) days after the Executive Director transmits notice of his decision. If an appeal is filed in accordance with the procedures herein set forth, all times' otherwise applicable pursuant to these rules shall be extended until the Commission decides the appeal, or the appeal is withdrawn or otherwise finally determined. 4.0 PARTICIPATION BY OWNERS 4.1 Participation in the Same Location In appropriate circumstances where such action would foster the unified development contemplated by the Redevelopment Plan, an Owner may participate in substantially COMMISSION MEETING AGENDA Meeting Date: 09/02/2003 03/2B/90 BBB5n/2601/11 -7- Agenda Item Nnmber: r---n-- the same location either by retaining all or portions of his property, or by retaining all or portions of his property and purchasing adjacent property if needed and available for development in accordance with the Redevelopment Plan. An Owner who participates in the same location may be required to rehabilitate or demolish all or part of his existing buildings or the Commission may acquire only the bUildings and remove or demolish such buildings. Where a proposal to participate in the same location involves a building in good condition, but with an existing use which does not conform to the provisions of the Redevelopment plan, the Commission may allow such use to continue provided that such use is generally compatible with the permitted uses in the area in which the building is located. In order to remain in the Project Area with a nonconforming use, the Owner must agree to the imposition of such reasonable restrictions as are necessary to protect the permitted uses in the remainder of the Project Area. The final decision concerning acquisition of real property by the Commission will be based upon the conditions existing at the time the Commission purchases property or enters into participation agreements. 4.2 Participation in a Different Location When necessary to accomplish the objectives of the Redevelopment Plan, the Commission may purchase from existing Owners real property within the Project Area at fair market value or at another price requested by the seller. The Commission may thereafter offer for sale or lease such properties, which may be cleared, or cleared and reassembled properties, unless a public use is contemplated for the property acquired. The Commission may receive and consider proposals from persons other than Owners or Tenants concurrent with the receipt and consideration of proposals by Owners and Tenants. The Commission will evaluate all such proposals based upon the criteria set forth in Section 3.2. 5.0 PARTICIPATION BY BUSINESSES AND TENANTS Pursuant to these PartiCipation Rules, businesses or Tenants in the Project Area will be given a reasonable opportunity to remain or preferences to re-enter within the Project Area if they otherwise meet the requirements prescribed by the Redevelopment Plan and these Participation Rules. In the case of re-entry, preferences will be given if suitable facilities become available with implementation of the Redevelopment Plan. The viability of the involvement of a COMMISSION MEETING AGENDA Meeting Date: 09/02/2003 03/28/90 8885n/260l/11 -8- Agenda Item Number: business or Tenant in re-entry will depend, in part, upon the ability of the person to participate on the basis proposed, including such factors as the ability to pay the requisite rent, the suitability of the proposed tenancy for the development under consideration, readiness to proceed, and those other factors as generally set forth in Section 3.2. 6.0 PROCEDURE FOR BECOMING A PARTICIPANT 6.1 Submittal of a Statement of Interest The Commission will, through its staff, work with each Owner, business and Tenant in the Project Area who desires to participate. The Commission will notify by certified mail, return receipt requested, the last known assessed of any particular property. Such notification will refer to these Participation Rules and shall state that the Commission, through its staff, is available to answer questions or generally to provide advisory assistance. The notification will advise all such persons of the date by which interested Owners, businesses and tenants should submit to the Commission a completed form entitled "Statement of. Interest to Participate" (see Exhibit A attached hereto and incorporated herein by reference). Every Owner, business or Tenant interested in becoming a participant shall submit to the Commission a completed Statement of Interest to Participate (Exhibit A) within thirty (30) days from the date of the notification. All Statements of Interest to Participate received after the established date for submission may be given consideration by the Commission, at its discretion, but in a priority secondary to those Statements of Interest to Participate received within the established date as defined above. The Commission shall proceed to negotiate with each Owner, business or Tenant returning the Statement of Interest to Participate as appropriate to each Owner, business or Tenant response. Failure to comply with time limitations as described in Section 3.3 shall be deemed to constitute an abandonment and relinquishment of any right of the proponent to be considered as a participant pursuant to the Redevelopment Plan and these Participation Rules. Subject to the provisions of these Participation Rules, the Commission will endeavor in good faith to accommodate Owners, business operators or Tenants desiring to develop or improve property in the Project Area by expediting COMMISSION MEETING AGENDA Meeting Date: 09/02/2003 03/28/90 8885n/2601/11 -9- Agenda Item Number: the negotiation of Participation Agreements upon request. The foregoing shall not be deemed to diminish the rights or discretion of the Commission in implementing the Redevelopment Plan. 6.2 Submittal of a Proposal for Owner, Business or Tenant Participation The Commission, by inclusion of the Participation Rules or reference to these Participation Rules in writing to any potential participant, shall be considered to have notified each Owner, business or Tenant who has submitted a valid Statement of Interest to Participate (Exhibit A) of the time within which they must submit a proposal for participation, if they desired participation. In addition, if the Commission determines that an Owner, business or Tenant within the Project Area will be required to enter into a Participation Agreement, the Commission shall notify the Owner, business or Tenant in writing of its intention to require a Participation Agreement, and shall provide the Owner, business or Tenant with a copy of the proposed Participation Agreement. 6.3 Completion of the Participation Agreement Each Owner, business or Tenant who has submitted an acceptable proposal for participation shall enter into a Participation Agreement with the Commission. Each Participation Agreement will contain provisions necessary to ensure That the participation proposal will be carried out, and that the subject property will be developed and/or rehabilitated and used in accordance with the conditions, restrictions, rules and regulations of the Redevelopment Plan and the subject Participation Agreement. Each Participation Agreement will require the participant to join in the recordation of such documents as the Commission may require in order to ensure conformance with applicable laws, conditions, restrictions, rules and regulations. The Participation Agreement will also provide that a successor-in-interest of the original participant may become a participant with the written approval of the Commission. A Participation Agreement shall generally provide that if the Owner, business or Tenant does not comply with the terms of the agreement, the Commission, in addition to other remedies, may acquire their property or any interest therein by any lawful means, including eminent domain, for its fair market value as of the date of the Participation Agreement (or such other value as may be negotiated), and the Commission may thereafter dispose of the property or interest so acquired in COMMISSION MEETING AGENDA Meeting Date: 09/02/2003 03/28/90 8885n/2601/11 -10- Agenda Item Number: accordance with the Redevelopment Plan. All Participation Agreements will become effective only when approved by the Commission. 7.0 LIMITATIONS ON ACQUISITION OF PROPERTY BY THE COMMISSION The Commission shall not acquire real property to be retained by a participant pursuant to a Participation Agreement if the Participant fully performs under the agreement. The Commission shall not acquire real property on which an existing building is to be continued at its present site and in its present form and use without the consent of the owner or occupant unless: Such building is required, under applicable housing, bUilding, electrical, plumbing or other codes or standards, structural alteration, improvement, modernization or rehabilitation, to assure that such structures are decent, safe and sanitary for people and businesses to occupy; and/or The site or lot on "which the building is situated requires modification in size, configuration or use; and/or, It is necessary to impose upon such property any of the standards, restrictions and controls of the Redevelopment Plan and the Owner fails or refuses to participate in the Redevelopment Plan by executing a PartiCipation Agreement. 8.0 PROCEDURE FOR AMENDING PARTICIPATION RULES The Commission may amend these rules at any meeting held after their adoption provided that the fOlloWing has been complied with: Notice has been given in a community newspaper of general circulation a minimum of thirty (30) days prior to the date of adoption of the amendment(s) to the Participation Rules; and Amendments to the Rules are available for review at the Office of the City Clerk a minimum of seventy-two (72) hours prior to the date of adoption of the amendment(s) to the Participation Rules; and COMMISSION MEETING AGENDA Meeting Date: 09/0212003 03/2B/90 BBBSn/2601/11 Agenda Item Nnmber: -11- Notice has been given by certified mail at least thirty- (30) days before the date of adoption to all parties who have, within the ninety (90) days preceding the meeting at which the amendment of these Rules is to be considered, received from the Commission written notice pursuant to Section 3.3 of these Rules of an opportunity to participate. . Persons or businesses affected by any proposed amendment may appear individually or as a body to voice their opinion for consideration by the Commission. '. COMMISSION MEETING AGENDA Meeting Date: 09/0212003 03/28/90 8885n/2601/11 -12- Agenda Item Nnmber: EXHIBIT "A" COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO HT. VERNON CORRIDOR REDEVELOPMENT PROJECT STATEMENT OF INTEREST TO PARTICIPATE I hereby express my interest in participation in the Mt. Vernon Corridor Redevelopment Project and submit the following information: 1.- Name Telephone 2. Home Address 3. Name of Business 4. Address of Business S. My present involvement in the Project Area is: I own ( ); am a Tenant ( ); and wish to rehabilitate ( ); build ( ); sell ( -y my present property. If Tenant, indicate: month-to-month~ ); lease ~ ); expiration date of lease: Options extend: lease to- If lease includes an option to purchase, so indicate Comments: 6. I am interested in participating: As a Property Owner As a Tenant Other (please describe): 7. My present type of business is: 8. If I participate: I would like to continue at the same location I would like to change my present location I would like to acquire real property for expansion (indicate approximate requirements) COMMISSION MEETING AGENDA Meeting Date: 09/0212003 03/28/90 888Sn/2601/11 EXHIBIT "A" Page 1 of 2 Agenda Item Number: ) 9. Background, experience, and information concerning your proposal (you may include further information on this page or attach additional sheets if you desire to do so): (a) Generally describe backgrou~d and experience: (b) Describe the activities you propose and indicate your experience relevant to your proposal (c) If you enclose a business plan or construction and operating pro forma relative to your proposed activity these will be considered with your statement of interest. REMARKS : 10. I understand that submission of this Statement of Interest does not in any way obligate me to participate in the Project. Signed: Print Name: Title (if applicable): Date: COMMISSION MEETING AGENDA Meeting Date: 09/02/2003 03/28/90 8885n/2601/11 EXHIBIT "A" Page 2 of 2 Agenda Item Number: