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HomeMy WebLinkAboutR05-Economic Development Agency . . . . . DEVELOPMDr DEPARDum-.r OF THE CITY OF SAW BDIWIDlBO REODEST FOR C<MIISSIOIl/COtJIIICIL ACTION From: KENNETH J. HENDERSON Executive Director Subject: BAmION MOTORS IIrSTALUIKBT BOTE Date: March I, 1991 Synopsis of Previous Commission/Council/Committee Action: On April 20, 1987, the Community Development Commission authorized the purchase of the property at 250 South "E" Street, San Bernardino, California. Recommended Motion: (Community Develo~ent Commission) THAT THE COIMtJIIIITY DEVELOPMDr COMMISSIOIl AOTHORIZB THE CHAIJlMAI( AND SECRETARY TO EXECUTE A IIEW PROMISSORY BOTE IIf THE AIIOOIrT OF $850,000.00, IN EXCHAlfGB FOR THE ORIGlRAL PROMISSORY BOTE DATED APRIL 20, 1987, III COBDCTIOIl WITH THE PROPERTY LOCATED AT 250 SOOTH "B" STREET, SAW BDIWIDlBO, CALlFORlfIA. N5lUU5l:11 ~~, Bzecutive Director Development Departlllent Contact Person: Ken Henderson/Sue Morales Phone: 5065/5081 Project Area: CC Ward(s): 3 Supporting Data Attached: Staff Reoort FUNDING REQUIREMENTS: Amount: $N/ A Source: N/A Budget Authority: N/A Commission/Council Ilotes: SMM:kak:3659H: b Agenda Item No. e e e . . DBVBLOPIIKIIr DBPAicou1n: STAFF REPORT Baraon Motors Installment Rote On April 20, 1987, the Department purchased the former Roger Harmon Motors dealership located at 250 S. "E" Street, in the amount of $1,200,000.00. The Department paid $350,000.00 cash to the Harmons, and executed a Promissory Note to the family trust, Trust Services of America (TSA), for the remaining $850,000.00. As a part of restructuring the trust, Trust Services of America has requested an amendment of the Promissory Note, substituting five (5) persons each with a one/fifth (1/5) interest, in place of the trust. The terms and conditions of the original note remain unaffected by this transaction. Upon execution of this Promissory Note, the original Promissory Note issued on April 20, 1987 will be physically exchanged with the new note at the offices of the City Clerk of San Bernardino. Staff recommends adoption of the form motion. r.JUUVi"J:~OR' Executive Director Development Departlllent KJH:SMM:kak:3659H CO!RISSIOR MElTING Meeting Date: 3-11-91 e l_ e . . UNITED STATES OF AMERICA STATE OF CALIFORNIA CITY OF SAN BERNARDINO REDEVELoPMENT AGENCY OF THE CITY OF SAN BERNARDINO PROMISSORY NOTE No. R-1 $850,000.00 MATURITY DATE INTEREST RATE n July 9, 1994 REGISTERED OWNER Marilyn L. Fitzqerald as to an undivided one-fifth interest, Marcia A. Haninqer as to an undivided one-fifth interest, Bernardine E. Deason as to an undivided one-fifth interest, John A. Harmon as to an undivided one-fifth interest and Roqer Harmon as to an undivided one-fifth interest. PRINCIPAL AMOUNT EIGHT HUNDRED FIFTY THOOSAND DOLLARs THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (hereinafter sometimes called the "Aqency"), a pUblic body, corporate and pOlitic, duly orqanized and existinq under the laws of the State of California, for value received, hereby promises to pay (but solely out of the funds hereinafter aentioned) to the Reqistered OWner above named or reqistered assiqns (herein sometimes referred to as "reqistered owner"), sUbject to the riqht of prior redemption hereinafter mentioned, the Principal Amount shown above, on the Maturity Date shown above, and to pay such reqistered owner on the applicable interest payment date, by check or draft mailed to him, as his name and address appear on the Bond Reqister to be maintained by the Reqistrar at the close of business on the fifteenth (15th) day precedinq the applicable interest payment date, interest on such prinCipal sum from the interest payment date next precedinq the date hereof (unless (i) it is dated as of an interest payment date, in which event it shall bear interest from such interest payment date, or (ii) it is dated prior to the first interest payment date, in which event it shall bear interest from July 8, 1987, or (Hi) it is dated between the sixteenth (16th) day of the month immediately precedinq an interest payment date and such interest payment date, in which event it shall bear interest from such interest payment date) until the principal hereof shall have been paid or provided for in accordance with the Resolution hereinafter referred to, at the Interest Rate above set forth, interest payable quarterly on January 1, April 1, July 1, and October 1 in each year commencing on October 1, 1987. - 1 - e e . . . Both principal and inter.st are payable in lawful aoney of the Unit.d States of America, and (except for interest which 1s payable by JDailed ch.ck or draft as stated above) are payable at the office of the Treasurer of the City of San Bernardino, california, Fiscal Agent for the Ag.ncy, in San Bernardino, California. Should int.rest not b. so paid, it shall thereafter b.ar like int.rest as the principal, but such unpaid interest .0 compound.d shall not exceed an amount equal to simple inter.st on the unpaid principal at the maximum rate permitted by law. Should d.fault be JDade in the payment of any installm.nt of interest when du., th.n the whole sum of principal and inter..t shall become imm.diat.ly due and payabl. at the option of the register.d own.r of this Note. Should suit be comm.nc.d to collect this Not. or any portion thereof, such sum a. the Court .ay deem reasonable shall be added her.to a. attorneys' f.... This Not. and the interest h.reon are not a d.bt of the City of San Bernardino, the Stat. of California or any of its political Subdivisions, and neith.r said City, said State nor any of its political SUbdivisions is liable hereon, nor in any event shall this Note or said inter.st be payable out of any funds or properties other than the tax-increm.nt revenues of the Agency as set forth in the R.solution hereinafter aention.d. This Not. do.s not constitut. an ind.btedness within the .eaning of any constitutional or statutory debt limitation or restriction. N.ither the members of the Ag.ncy nor any persons executing this Not. are liable personally on this Not. by reason of its issuance. This Note is issu.d pursuant to and in full conformity with the Constitution and laws of the State of California and particularly the Community Redevelopm.nt Law, Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California for the purpose of acquisition of certain r.al property located in the Central City South Redevelopment Project, and is authorized by and issued Pursuant to R.solution No. 5011, adopted by the Agency on April 20, 1987, copies of which ar. on file with the Secretary of the Agency, the Registrar and the Fiscal Agent (said ResOlution No. 5011 being herein referr.d to as the "Resolution"). By the acceptance of this Note the registered owner hereof consent. to all of the terms, conditions and provisions of said Resolution. In the .anner provided in the Resolution, .aid Resolution and the rights and obligations of the Agency and of the Noteholder may (with certain exceptions as stated in .aid Re.Olution) be modified or amended without the consent of the Noteholder if the modification or amendment is for the purpose of maintaining the exemption from federal incom. taxes of interest on the Note or of curing ambiguiti.s, d.f.cts, etc. This Note be prepaid in whole or in part at the option of the Agency on any interest payment date without penalty. - 2 - . . . . . Notice of call and red_ption prior to ..turity 8hall be qiven by first class .ail to the reqbtered owner of thb Note not more than sixty (60) days nor less than thirty (30) clays prior to the redemption date. This Note is issued in fUlly registered form and is non- negotiable. Subject to compliance with applicable State of California and federal securities laws, this Note is transferable by the registered OWner hereof, in person or by his attorney duly authorized in writing, at the office of the City Clerk of the City of San Bernardino, Registrar and Transfer Agent for the Agency, in the City of San Bernardino, California, but only in the manner, subject to the limitations and upon payment of the charges provided in the Resolution, upon surrender and cancellation of this Note. Upon such transfer a new Note for the same aggregate principal amount will be issued to the transferee in exchange therefor. No exchange or transfer shall be made between the fifteenth (15th) day preceding any interest payment date and such interest payment date. The Agency, the Registrar, and the Fiscal Agent may treat the registered owner hereof as the absolute owner hereof for all purposes, and the Agency, the Reqistrar, and the Fiscal Agent shall not be affected by any notice to the contrary. This Note shall not be entitled to any benefit under the Resolution, or become valid or Obligatory for any purpose, until the certificate of authentication hereon endorsed shall have been signed by the Registrar. It is hereby recited, certified and declared that any and all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Note exist, have happened and have been performed in due time, form and manner as required by the Constitution and laws of the State of California. - 3 - e -- e . . CERTIFICATE OF AUTHENTICATION AND REGISTRATION Thia 18 the Note described in the within-aentioned aesolution, which has been registered on , 19_. CITY CLERK, City of San Bernardino, as Transfer Agent and Registrar By: Authorized Officer IN WITNESS WHEREOF, the aedevelopment Agency of the City of San Bernardino has caused this Note to be signed on its behalf by the facsimile signatures of its Chairman and its Secretary and the seal of said Agency to be imprinted hereon, all as of the day of . Chairman of the aedevelopment Agency of the City of San Bernardino [SEAL] ~~~,Uorm: Secretary of the aedevelopment Agency of the City of San Bernardino ASSIGNMENT For value received sells, assigns and transfers unto the Within-mentioned Note and hereby 1rrevocably appoints transfer the same on the books of the power of substitution in the premises. hereby constitutes and , attorney, to Transfer Agent with full Dated: NOTE: The signature to this assignment must correspond with the name as written on the face of the within Note in every partiCUlar, without alteration or enlargement or any change whatsoever. 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