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HomeMy WebLinkAboutR04-Redevelopment Agency ..J.._ _ ~ A-_ - - Q o o o Redevelopment Agency . City of San Bernardino 300 North "D" Stree~ Pounh F100r . Sill BemordiDo, Califamia 92418 (714) 384-5081 FAX (714) 888-9413 Ste_ H. Dukelt Execulive DiJector JUNE 27, 1989 MILES HOUSE RENOVATION Synopsis of Previous Commission/Council/Committee Action: 10/27/88 Committee recommend purchase of the parking lot adjacent to the Heritage House from the Economic Development Council (EDC) 11/7/88 Commission authorized purchase of the parking lot from the EDC. 3/9/89 Committee recommended execution of an Exclusive Right to negotiate with Mr. Jim Rock. 3/20/89 The Commission authorized the execution of an Exclusive Right to negotiate with Mr. Jim Rock. 6/5/89 Mayor and Common Council/Commission continued this item to June 19, 1989. (continued on page 2) o Recommended Motion: (MAYOR AND COMMON COUNCIL) (COMMUNITY DEVELOPMENT COMMISSION) OPEN JOINT PUBLIC HEARING. A) That the Joint Public Hearing be closed; that further reading of the following resolutions be waived. (continued on page 3) Supporting data attached: YES Ward: 1st FUNDING REQUIREMENTS: Project: CCN Commission Notes: o GW:sm:mileshou Agenda OfiLJuly 3, 1989 Item NO'4- _1 o ~J III - Q Redevelopment Agency o o o SvnoDsis of Previous Commission/Council/Committee Action: c::; (continued from page 1) 6/8/89 6/14/89 6/22/89 Committee reviewed this item and recommended approval. Mayor and Common Council set a joint public hearing for 11:00 a.m. on July 5, 1989. Committee recommended approval of a Disposition and Development Agreement and that the Council designate the Miles House as a qualified historical building. o o GW:sm:mileshou 2 Q Redevelopment Agency o o o o (MAYOR AND COMMON COUNCIL) (continued from page 1) B) Move to adopt a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE CONVEYANCE BY MEANS OF SALE OF CERTAIN REAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCK ENTERPRISES. C) Move that the Miles House located at 439 West 8th Street is a qualified historical structure pursuant to Section 18955 of the State Historical Building Code and that the house is deemed of importance to the history, architecture and culture of the area. o (COMMUNITY DEVELOPMENT COMMISSION) D) Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE CONVEYANCE BY MEANS OF SALE OF CERTAIN REAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCK ENTERPRISES E) Move to authorize the execution of a Disposition and Development Agreement with Rock Enterprises for the sale of Agency owned property in the Central City North Project Area. o SHD:GW:sm:mileshou 3 o o o o Redevelopment Agency o S T A F F R E P 0 R T It is requested that the Commission authorize and the Council approve execution of a Disposition and Development Agreement between Rock Enterprises and the Agency and that the Council designate the Miles House as a qualified historical building of importance. BACKGROUND On March 20, 1989, the Commission authorized the execution of a 120-day Agreement to Negotiate Exclusively (ANE) with Jim Rock of Rock Enterprises (Developer) for the purpose of negotiating a Disposition and Development Agreement (DDA). The purpose of the DDA is to allow for the relocation and restoration of the Miles House, the last two story Queen Anne style Victorian house remaining in San Bernardino, onto Agency-owned property immediately adjacent to and south of the San Bernardino Historical Society's property located at the southwest corner of 8th and "D" Street. The Miles House is currently located immediately adjacent to and west of the Historical Society's property. PROPOSED AGREEMENT o As a result of these negotiations, the Developer has executed the attached DDA which contains the following basic provisions: * The Agency will grant a license to the Developer to allow the Miles House to be moved; * If the house is destroyed or unable to be moved, the DDA and license to move will terminate; * The Agency will retire the existing loan on the Agency-owned property in question and convey it to the Developer when the Developer has: 1. Provided proof of insurance; 2. Has physically relocated the house; and 3. Provided a recordable license agreement, facade easement, note and deed of trust; * The Developer will grant the Agency a facade easement on the Miles House; * The Agency will make a deferred purchase money loan and take back a deed of trust for $140,000 at 12% interest for ten years. Unless the house is destroyed and the developer does not rebuild or the Facade Easement is violated, at the end of five (5) years, $64,000 of the loan will be forgiven and o SHD:GW:sm:mileshou 4 o o o ~ LL j o o o o Redevelopment Agency at the end of ten (10) years the Agency will forgive the balance of the loan and reconvey the deed of trust; * The Developer aust complete the moving and rehabilitation of the house, no later than July 1, 1990; * The Agency will reimburse the Developer the cost of building and development fees; and * The Agency will retain an easement for one-half (a ainiaum of fourteen (14)) of the parking spaces which will be used to provide parking for the Heritage House (through License or Lease). In accordance with section 33433 of the California Health and Safety Code, the Agency's economic consultants, Keyser Marston Associates, Inc., have reviewed the Developer's proposal and have concluded that the reuse land value, given the costs to aove and restore the house, is negligible. They have also determined that the estimated value of the interest to be conveyed, based upon the highest and best use allowed by the Central City North Redevelopaent Plan, to be $80,000. For your information, the basic economic terms of the proposed DDA are summarized as follows: ResDonsible Party Approximate Amount 1. DeveloDer a. Relocation and renovation of The Miles House $216,000 2. AlIencl' a. Land acquisition $ 83,000 b. Reiabursement of development and building fees 10.000 TOTAL $309,000 Recommendation The DDA has been approved as to form and legal content by Agency and Special Council and executed by Rock Enterprises. It is, therefore, requested that, subsequent to a public hearing, the Commission authorize and the Council approve the execution of SHD:GW:sm:mileshou 5 $A ~ J o RedevcloplDentAgency C) o o c the DDA with Rock Enterprises and that the Comaission authorize the Executive Director to take all appropriate and necessary steps to implement the Agreement on behalf of the Agency. It is also recoamended that the Council designate pursuant to Section 18955 of the State Historical Building Code, the Miles House as a qualified historical building of importance to the history, architecture or culture of the City of San Bernardino. o o SHD:JW:sm:mileshou 6 o o o o o o o 1 2 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING THE CONVEYANCE BY MEANS OF SALE OF CERTAIN REAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCK ENTERPRISES. 3 4 5 WHEREAS, the Community Development Commission of the City 6 of San Bernardino (the "Agency") is authorized to conduct 7 redevelopment activities within the Central City North 8 Redevelopment Project Area (the "Project Area"), which activities 9 include the acquisition and conveyance of real property for 10 private development, and 11 WHEREAS, the Agency desires to enter into a Disposition and 12 Development Agreement (the "Agreement") with Rock Enterprises, a 13 sole proprietorship, (the "Participant"), which Agreement 14 provides for the acquisition and sale of the "Site," which is 15 16 Agreement, and that certain portion of the Project Area as set forth in the 17 WHEREAS, the Agency and the Mayor and Common Council of the 18 Ci ty of San Bernardino have conducted a duly noticed jOint 19 public hearing regarding the proposed disposition of real 20 property in accordance with California Health and Safety Code 21 Sections 33431 and 33433, and , 22 WHEREAS, the staff report pertaining to the Agreement, 23 which has been on display prior to the joint public hearing in 24 accordance with Section 33433 of the California Health and Safety 25 code, contains a detailed description of the provisions of the 26 Agreement, 27 28 DAB:br June 27, 1989 1 o o o o o o o 1 NOW THEREFORE, BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT 2 3 COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Pursuant to the California Environmental 4 Quality Act (CEQA), Public Resources Code Section 21090 and 5 Section 151080 of Guidelines adopted pursuant thereto the 6 Agreement is an activity pursuant to and in furtherance of the 7 Central City North Redevelopment Plan. 8 SECTION 2. The Redevelopment Agency finds and determines, 9 based upon the testimony and information presented during the 10 publiC hearing with respect to the Agreement that the 11 consideration for the real property to be transferred to the 12 Participant by deed is in compliance with and evaluated pursuant 13 to Health and Safety Code Section 33433, and the value thereof 14 15 is determined at the highest use permitted under the Redevelopment Plan, but that such consideration is necessary to 16 secure the commitment of Participant to execute the Agreement, 17 which Agreement will significantly benefit the Project Area and 18 the community by alleviating blighting conditions, generating 19 revenues, preserving and renovating a structure of historic 20 interest and providing for high-quality development activities to 22 21 stimulate the economic enhancement of the Project Area. SECTION 3. The Redevelopment Agency hereby approves the 23 Agreement and all of its provisions including without limitation 24 the attachments therein, and authorizes the Chairman, the 25 Executive Director and the Secretary to execute all documents 26 referenced in the Agreement necessary to effectuate the 27 28 provisions of the Agreement. DAB:br June 27, 1989 2 o o o o 10 11 12 13 14 15 16 17 o o o 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 2 3 Bernardino at a meeting thereof, held on the 4 day of , 1989, by the following vote, to wit: 5 AYES: Council Members 6 7 NAYS: 8 9 ABSENT: Secretary The foregoing resolution is hereby approved this day of , 1989. Chairman of the Community Development Commission of the Ci ty of San Bernardino 18 Approved as to form and legal content: 19 20 21 22 23 24 25 26 27 28 By:~t7faJ /Agency. ounsel DAB:br June 27, 1989 3 " 0 o o o 15 o o o 1 RESOLUTION NO. 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE CONVEYANCE BY MEANS OF SALE OF CERTAIN REAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ROCK ENTERPRISES. 3 4 5 WHEREAS, the Redevelopment Agency of the City of San 6 Bernardino (the "Agency") is authorized to conduct redevelopment 7 activities within the Central City North Redevelopment Project 8 Survey Area (the "Survey Area"), which activities include the 9 acquisition and conveyance of real property for private 10 development: and 11 WHEREAS, the Agency desires to enter into a Disposition 12 and Development Agreement (the "Agreement") with Rock 13 Enterprises, a sole proprietorship, (the "Participant"), which 14 Agreement provides for the acquisition and sale of the "Site," 16 the Agreement: and which is that certain portion of the Survey Area as set forth in 17 WHEREAS, the Agreement provides for the acquisition, upon 18 satisfaction of applicable conditions, by Participant of certain 19 real property as identified in the Agreement pursuant to the 20 terms and conditions more particularly set forth in the 21 Agreement: and 22 WHEREAS, the Common Council of the City of San Bernardino 23 and the Agency have conducted a duly noticed joint public hearing 24 regarding the proposed acquisition and disposition of real 25 property in accordance with California Health and Safety Code 26 Sections 33431 and 33433: and 27 28 DAB:br June 27, 1989 1 '..0 c o c J - o o o 1 2 WHEREAS, the staff report pertaining to the Agreement, which has been on display prior to the joint public hearing in 3 accordance with SEction 33433 of the California Health and Safety 4 Code, contains a detailed description of the provisions of the 5 Agreement; 6 NOW THEREFORE, the Mayor and Common Council do hereby 7 resolve as follows: 8 9 SECTION 1. Pursuant to the California Environmental 10 Quality Act (CEQA), Public Resources Code Section 21090 and 11 Section 151080 of Guidelines adopted pursuant thereto the 12 Agreement is an activity pursuant to and in furtherance of the 13 Central City North Redevelopment Plan. 14 15 SECTION 2. The Mayor and Common Council find and determine, based upon the testimony and information presented 16 during the public hearing with respect to the Agreement that the 17 consideration for the real property to be transferred to the 18 Participant by deed is in compliance with and evaluated pursuant 19 to Health and Safety Code Section 33433, and the value thereof is 20 determined at the highest use permitted under the Central City 21 North Redevelopment Plan, but that such consideration is 22 necessary to secure the commitment of Participant to execute the 23 Agreement, which Agreement will significantly benefit the Common 24 Council and the community by alleviating blighting conditions, 25 generating revenues, and providing for high-quality development 26 activities to stimulate the economic enhancement of the Survey 27 Area. 28 DAB: br June 27, 1989 2 . 0 . 1 0 2 3 4 5 6 7 8 9 10 11 12 13 14 0 15 16 17 18 19 20 21 22 23 24 25 26 0 27 28 o o o SECTION 3. The Mayor and Common Council hereby approve the Agreement and all of its provisions, including without limitation, the attachments therein, and authorize the Mayor and the City Clerk to execute all documents referenced in the Agreement and necessary to effectuate the provisions of the Agreement. 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 day of , 1989, by the following vote, to wit: AYES: Council Members NAYS: ABSENT OR ABSTAIN: City Clerk The foregoing resolution is hereby approved this day of , 1989. Approved as to form and legal content: W.R. Holcomb, Mayor City of San Bernardino JAMES F. PENMAN, City Attorney B~) DAB:br 3 June 27, 1989