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HomeMy WebLinkAboutR13-Redevelopment Agency o o o 0 J:8VBIDllIIBIlr IZl'ARDIBIl.r or 'DIB c:rrr or .. ~ k-.,~ lOR IY'AII4T"'T*".I~.II. ........- Fran: moom! J. HP2lIERSCN Executive Director SUbject: I'IRST UIBIIIIDfl' 'lO 'DIB DIS- _.L1:.u.AlI JIll) J:8VBIDllIIBIlr "'-~-IBIU' Ca.) 1I1'm .- J'kaorr.uiK (IIBST SIll!: PaD) Date: April 8, 1991 S~ls of Pwvious n.-.I_icm/n.'l"'f1/o.-dt1:ee Aaticm: on JUne 2, 1986, the """"'11'Iity Devel...........d.. thmIi_ia1 autharized the i~ of a RsqI~ for 0...1 if'icatia1s (RPQ) and Request for P.l.~""""1.. (RFP) for devel..........tt of Baseline and ~it"J'l1 omter Drive. on JUly 21, 1986, the """"'11'Iity Devel...........1t thmIi_ia1 apprtMld an Exclusive Right to Negctiate with Alexander Haagen. on Ja!lUm:y 12, 1987, the """"'11'Iity Devel...........d.. no-i_ia1 apprtMld revised tams and c:x:ntitials for the Haagen ~ center. CS%..osuoi. 0ClI1t:lJIu84 to -.t: ~) a.~ ~I ~ IIoticm: ''''''''''''''1;9 D8v8l -At ",.......-..(11) RB8l:lIDrl:mT or 'DIB CXIIIIIIKl'l'lr J:8VBIDllIIBIlr ~IUITI"N or 'DIB c:rrr or .. ~ Ar~.uu A ~ lIIIDDIBIrl -- CR 'lO 'DIB DISllIOSn'ICII JIll) J:8VBIDllIIBIlr JdRBB- JIBNl' BY mID _~_ 'DIB -"Y"'nIIIO!lRl' ~ or 'DIB c:rrr or .. -q[)Dll) MID _ JR:Bl'IER <XIII1!Ihr~~~ ~.I.I5tI, :!:IC. (R:)rtIBMst M&IveL,_o....nt Pmject Ana) =:-~--- D8v8l _. ,t Ccntact Pe1::sa1: Ken 1IArrlA~ satlEzell J,PIIIV:IA. Hlcne: 5065: 5081 six C6l Project Area: ~ CNWl ward(s) : ~ Data Attadled: FUNDnl; ~: At'-'I"" ~a. .1't: ~luticm: First a.~tl A1Dl:m1t: $ N/A aJdget Authority: Scil.lroe: o thmIi .siOll/~VIOil Notes: KlH:AB: lab: 4307 ~. Item No: li3 o o o IOH:AB:lab:4307 o o J:BVIft' nIIIIIBr 1IIPARDIIIRr Request for ---1/",,-4.0IV0CIaittee ~ PirIrt r-- ~ -L to .., I'rClDtier ma ~ -2- -is of P.I:wri.ous no-4_4Cl1l/---1P .....- Acticm ~4__... en JlU1.l81Y 22, 1990, the t1roIm1l'lity DlJIIel, '1.'-' it l'Noni ....ia1 took actia'IS resciJni.n; the Exclusive Right to Negctiate with Al.elcamBr Haagen. en JlU1.l81Y 22, 1990, the ()'wmI1I'lity D8II8l...........d. l'Noni_ia1 autharized the execution of an .........lL far an Exclusive Right to Negotiate with New Fra1tier l"'rIImII>'r"Cial P.t............t1es, Inc. en May 21, 1990, the t1roIm1l'lity D8II8l............t lnmIi_ic:n autharized ninty (90) days to the ~lCe deadlines in the Exclusive Right to Negotiate with New Fraltier O......A1cial P.L~ties, Inc. en JUne 7, 1990, the R8devel............d. ClcmIlittee reo:' --.-Dec1 to the Mayer am 0 ...... h Cb.mcil am t1roIm1l'lity D8II8l...........d. l'Noni -ia1 '"M'l-u-Illl of deal points am the Dispositic:n am D8II8l............t Agl........L (In\). en JUne 18, 1990, the t1roIm"1ity Dew].., .... iL l'Noni-im fll:Pt'CI\I8d the deal points far a oJ BpolIitic:n am D8II8l......-d. ~~lt. (In\) with New Fra1tier 0 ....-. cla1 P.I::~ties, Inc., am directecl staff to draft the '"M'l-'''l..date .."............d.. en Clctci:ler 15, 1990, the t1roIm"1ity D8II8l.........d. l'Noni_ic:n ~ the Disposition am Dsvel...........d. ~..........lL (In\) with New Fra1tier Q:mIIeroial P.I............ties, Inc., en April 1, 1991, the t1roIm"1ity DBvelo,.'-'lL l'Noni_ic:n J:8'IiWBd the ~ Agl__d. with New Fra1tier am referred the itan to the BIIciIMll............L OcIImittee far its :review am l~. ....-rmtic:n. en April 4, 1991, the R8devel.o,.'-'it ClcmIlittee :r:eviewed the First A1IIen:2meltt to the Di-V-itic:n and DIMal___.L Io,p._.t (IDA) with New Frl:ntier and :r.c> ....-nded to the t1roIm"1ity DIMal___.L l'Noni_icn '"M'l-o./lll of _. "'--""""(11I _r.uIG Jfeet1Dq Date: 04/15/1991 4. JIWI!I'~ DI!IPAR.I!CBIrr &rAD I(...:m I'imt -to to aa nth lf8W l'l'CDtier 'lhe p.np::lS8 of this Firat: A1BlcJbwlt is to prcwide clarificaticn with nlBp8Ct to the fUrdin;J IICUl'C88 of certain fons of the IlBvW., -d. DIpert:msnt's usistance to New Fra1tier 4) ......oJ.a1 P.i.U)I'Nou.s, Inc. Specifically, the DlMIl.,......,L DIpU:t:ment deems it ne::-- l'ry to IBka certain ~ in o..t..-..tia'1 with the ~ of the DlIY8l~.t DIpert:msnt ccntril:utia1, the Fixture F1nanl::irq am the pravisicn of the ~. -00-'- of the Dep8rtmBnt loan. tlmr the ni "'P"""'tticn am DlIY8l_,L ~MIIlIEIld. (IX>>.), the total aomt of sucil assistance equals $3,200,000. In m:der to fund said aomt, the DBpart:D&1t deems is desireab1e to cause the estab1.ishmsnt of a loan in the priJxdpal aomt of $2, 7SO, 000 betu8en the developer am the Q:unty of san BemIU:dino. SUdlloan shall be 88CUr8d by a IBt:tar of credit to be prcwided by the DIIpart:mnt in the aamt: of $2,9SO,000. 'lhe $200,000 increue to the Ietter of CDdit aomt ~ts fmI the calallatiat of accrued~. 'lhe IWBinin;J I:lalance of the $3,200,000, J'IIIIaly $450,000, all be derived f:rcm a loan b8ttwen the City of san BemIU:dinoam the ~~, ,..-d. Department th1'aJ;Jh the use of ~1I'\ity D8IIel.~,L Block Grant mcnies. In ........-..tia1 with the IM-' 'i"::JSed Firat: AmmlC!D.ell.t, the DBpart:D&1t will be requiJ:ed to enter into a loan transact.ia1 with the City am will be required to cbtain a Letter of credit. 'lhe developer will be requir8cl to 8X8CUte certain M('o~, lIS wll lIS a prt'I"f ~ n:lte, in .......-..tia'1 with the Q:unty loan am will be required to llCknclliledge the DBpart:D&1t's fundinq 1ICUl'C88. 'lhe BCql8 of this Firat: AmmlCJl-d. shculd not affect the priority of fUrdin;J or the total aomt of the D8Y8l._.t Department's cilliqa1:icnl with respect to the .1m- plllllllntatia1 of the IX>>.. I reo ....-'ld adcptiat of the att.ac:bed resolutiat. ::'~'.toBDc:lutiW I)J.nctor KJH:EJ': lab: 4307 t'I'WMT~ __.&.~ *-t:iDq Date: 04/15/1991 ;--- '- ,-^ '- 24 25 26 27 .- ....... 28 ,- '-' .- ",..1 1 2 3 4 5 6 7 8 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AGENDA April 15, 1991 9 Item: 10 n 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN AMENDMENT NO. ONE TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND NEW FRONTIER COMMERCIAL PROPERTIES, INC. (NORTHWEST REDEVELOPMENT PROJECT AREA) Exhibit "A" - Amendment No. One Action to be Taken: Append Exhibit Resolution "A" to Resolution; Adopt To be Published: N/A N/A Newspaper: Certified copy of Resolution to be returned to Saba & Green, A Professional Corporation. S8B0\0092\016 04/011191 0100 - - , '- - ....... ,- v -- ,"",/ 1 2 3 4 5 6 7 8 City of San Bernardino (the "Commission") 9 10 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN AMENDMENT NO. ONE TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND NEW FRONTIER COMMERCIAL PROPERTIES, INC. (NORTHWEST REDEVELOPMENT PROJECT AREA) WHEREAS, the Community Development Commission of the on behalf of the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a redevelopment agency, a public body, corporate . 11 and politic of the State of California, organized and existing 12 pursuant to the Community Redevelopment Law (Part 1 of Division 13 24) commencing with Section 33000 of the Health and Safety Code 14 of the State of California (the "Act"); and 15 16 WHEREAS, the Redevelopment Plan for the Northwest 17 Redevelopment Project (the "Redevelopment Plan") was previously 18 approved and adopted by the Mayor and Common Council of the City 19 of San Bernardino (the "Council") by Ordinance No. MC-189, dated 20 July 6, 1982; and 21 22 WHEREAS, the Redevelopment Plan provides for the 23 redevelopment of real property pursuant to the Redevelopment Plan 24 by owners thereof or by parties seeking to acquire real property 25 from the Agency; and 26 27 WHEREAS, the Agency has previously approved the 28 execution of a certain Disposition and Development Agreement (the - 1 - o o o o o 1 "DDA"), with New Frontier Co.aercial Properties, Inc., a 2 California corporation (the "Developer") pertaininq to the 3 development of a commercial retail shoppinq center or. certain 4 property which is to be sold by the Aqency to the Developer (the 5 "Project"); and 6 7 8 9 10 11 12 13 14 15 WHEREAS, the purpose of Amendment No. One is to clarify 16 certain provisions of the DDA pertaininq to the fundinq sources 17 of various forms of the Aqency assistance which is to be provided 18 pursuant to the terms of the DDA, which fundinq sources are more 19 fully described in Amendment No. One. 20 21 22 23 24 25 26 27 28 WHEREAS, in connection with the implementation of the DDA the Aqency deems it desirable to U1end the DDA pursuant to a certain "Amendment No. One to the Disposition and Development Aqreement By and Between The Redevelopment Aqency of the City of San Bernardino and New Frontier Commercial Properties, Inc.", a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference; and NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION CTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: - 2 - o o o _ L o o 1 Section 1. The Agency hereby approves the proposed 2 Amendment No. One, a copy of which is attached hereto as 3 Exhibit "A". The Agency authorizes the Executive Director of the .. Agency to execute Amendment No. One and to execute such other 5 documents as may be necessary to implement Amendment No. One and 6 to make any necessary non-substantive changes in Amendment 7 No. One as may be approved by Agency Special Counsel. 8 III 9 1/1 10 I I I 11 1/1 12 I I I 13 I I I 14 1/1 15 I I I 16 I I I 17 1/1 18 I I I 19 I I I 20 /II 21 I I I 22 1/1 23 1/1 24 /II 25 /II 26 /II 27 1/ I 28 /II - 3 - o o Q o o section 2. This Resolution shall take effect upon adoption. I HEREBY CERTIFY that the foregoing resolution was duly 8 9 San Bernardino at a 10 11 . 12 13 adopted by the Community Development Commission of the city of meeting thereof, held on the day of , 1991, by the following vote, to wit: Commission MAm~rs: ~ BAn ABSTAIN ESTRADA 14 REILLY FLORES 15 MAUDSLEY MINOR 16 POPE-LUDLAM MILLER 17 18 19 20 21 22 23 Secretary day of The foregoing resolution is hereby approved this , 1991. W. R. Holcomb, Chairman Community Development Commission of the City of San Bernardino 24 Approved as to form and legal content: : By: ~j;~ Agency unsel - I' 27 28 SBEOIOl>>2IDOCI16 - 4 - o 10 o l- o o 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) 3 4 5 6 7 8 9 10 11 ss I, Secretary of the COlDlllunity Development COlDllli8sion of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of COlDllluni ty Development COIDIIIission of the city of San Bernardino Resolution No. is a full, true and correct copy of that now on file in thi8 office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the COIDIIIunity Development COlDlllission of the City of San Bernardino this day of , 1991. Secretary of the Community Development COIDIIIis8ion of the City of San Bernardino 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 0 1 EXHIBIT "A" 2 AMENDMENT NO. ONE 3 4 5 6 7 8 9 10 . 11 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 0 27 28 o o o SBEO0092\DOC\015\es 04/05/91 323 AMENDMENT NO. ONE TO DISPOSITION AND DEVELOPMENT AGREEMENT By and Between THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO and NEW FRONTIER COMMERCIAL PROPERTIES, INC. , . This Amendment No. on. is to that certain Disposition and Development Aqreement (the "DDA") by and between the Redevelopment Aqency of the city of San Bernardino (the "Aqency") and New Fro~tier Commercial Properties, Inc., a California corporation (the "Developer"). The Aqency and the Developer aqree as follows: 1. Pumas. of Amendmen't. Since the execution of the o DDA, certain clarifications are necessary with respect to the fundinq of the Aqency's assistance in connection with the development of the Project. Except as specifically amended or clarified, the terms and conditions of the DDA remain in full force and effect, except as may be necessary to conform to the Amendments contained herein. 2. Terms. The terms used herein, unless otherwise defined, shall have the same meaninq as in the DDA. References herein to "Section" are to the sections of the DDA, and references to "Paraqraph" are to Paraqraphs of this Amendment. o - 1 - o o 3. Amendment of DDA. Section 210(a) lII1all be added to () o the DDA to read as follows: Section 210(a). FundinG of AGency Assistance. . The Aqency hereby aqrees that it must undertake certain arranqaments in connection with the fundinq of the Aqency Contribution, the Fixtures Financinq and the provision of the proceeds of the Aqency Loan. The total amount of the Aqency's assistance represented by the Aqency Contribution, the Fixtures Financinq _and the proceeds of the Aqency Loan equals Three Million Two Hundred Thousand Dollars ($3,200,000.00) (the -Funded Assistance-). The Aqency has determined that the fundinq of the amounts representinq the Funded Assistance shall be derived from two separate sources. Two Million Seven Hundred Fifty Thousand Dollars ($2,750,000) of the Funded Assistance shall be derived throuqh a loan established with the County of San Bernardino (the -County-) and issued in favor of the Developer (the -County Loan-) which County Loan shall be secured by a Letter of Credit obtained by the Aqency in the amount of Two Million Nine Hundred Fifty Thousand Dollars ($2,950,000) which Letter of credit Secures the principal amount of the County Loan plus accrued interest. The balance of the Funded Assistance in an amount equal to Four Hundred Fifty Thousand Dollars ($450,000) shall be derived throuqh a loan from the City in favor of the Aqency (the -City Loan-) which City Loan shall be funded throuqh the Use of Community Development Block Grant moneys. Developer o - 2 - o o o hereby agrees to execute a promissory note in favor of the County, which promissory note shall be secured by the Agency's Letter of credit, and any and all necessary documents in connection with the establishment of the County Loan. Moreover, the Developer acknowledges that the proceeds of the remaining balance of the Funded Assistance in an amount equal to Four Hundred Fifty Thousand Dollars ($450,000) shall be made available through the establishment of the City Loan and in connection therewith Developer agrees to execute any document which may be necessary in connection with the Agency's obtaining the City Loan. o The financing of the foregoing Funded Assistance shall remain the sole obligation of the Agency and the provisions of this Section 210(a) shall not in any way affect any other sections of the DDA with respect to the use of funds or the priority of such uses. o - 3 - o o o o o IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment No. One as of the dates set forth below. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO Date: By: (SEAL) Executive Director APPROVE AS TO PROGRAM: By: Redevelopment Manaqer APPROVED AS TO PORM: Aqency Special Counsel NEW FRONTIER COMMERCIAL PROPERTIES, INC., a California corporation Date: By: Its: 8BIlOOOP2IDOCI015J.. (All Siqnatures Must Be Notarized) - 4 - o o o o o STATE OF CALIFORNIA COUNTY OF ) ) ss. ) this _ day of before .e, the a Notary Public in and for said State, personally , Personally known to lie or proved basis of satisfactory evidence to be the person who the within instru.ent as the or on behalf of the cOrPOration therein named and acknowledged to lie that the cOrPOration executed the within instrument. On undersigned, appeared to lie on the executed WITNESS my hand and official seal. Signature [SEAL ) o i . o o o o STATE OF CALIFORNIA ) ) COUNTY OF SAN BERNARDINO ) ss. On this day of , 1990, before me, the underaiqned, a Notary Public in end for said State, personally appeared and personally known to _ (or proved to me on the basis of satisfactory evidence) to be the persona who executed the within instrument as the Chairman and Secretary of the Redevelopment Agency of the City of San Bernardino (the "Agency"), and acknowledged to me that said Agency executed the aame. (S~) Notary Public in and for the State of California