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HomeMy WebLinkAboutR02-Redevelopment Agency o o -- o IZ9BIDRI!Irl IZlUDP'"'I' ~ J:) 01'1'lr ~ _ ~ RI!DOBS'l' lOR ~AATtlIII~. st'IIITrA1 Fran: mmmH J. HEmE:RSCI{ Executive Director SUbject: .. .-...a&...... ur.L'~ IGRII- IIBH1' (WIS'1' 8m!l IUD) Date: May 1, 1991 Bi"......,61s of Pnrious ~_4OD/--"""'Va.....d.ttee Aclticm: en June 2, 1986, the ~nU.ty D8II8l_.t no-i-v.n aut:harlzed the i....1lmCe of a Request for ()Jalificat.ia1s ~) and R8c1-t for a,;,y-o'. (RFP) for devel~.t of Baseline and JlMi.....' 0Imter Drive. en July 21, 1986, the ~nU.ty D8YeJ., l-'-.t. no-i_i.cn art4-.ned an Exclusive Right to Negotiate with AlElXlUD9r Haagen. (Bi".~is 0I:IIlt:iIIue4 to iliad: 1I8g8) R6: _..~ IIcrticau ,,,...,,,...4 tv DlIV81 .L n..-rI...I CD' RBSOUl'J.'ICIl' ~ 'DIB (XII. I "J:i IZ9BIDRI!Irl ~AATtlII ~ 'DIB 01'1'lr ~ _ -RDDD M&'ftJV.I.I.G A CBRTADI ur.l'.LUlI L....-.....-.r IIf All) __ 'DIB -..v"'~ ~ ~ 'DIB 01'1'lr ~ _ ~ AlII) IlBlf ~ CXIIIIRI:'nIL &"AI&'IliIU.n_, DC., (A callfomia OOJ:poraticm). ;;;;t"~--- DlIV81 .. .t Ccnt:act Person: :Ken ~ 1laIIEzeJ.1 J- Eta1e: 5065: 5081 six (6) Project Area: Northwest (NW) ~ Data Att:adled: m-........ ReI:laJ:t: ward(s) : ~l,t+"nn: ODtial A...L-.-.aL PUNDDlG ~: Amamt: $ N/A 8.D;!et Authority: 8aJroe: no-i ..iOll/OCIImcil 1btes: o KJH:lab:4296 CXIIIaBSICB ICI!lB'l'DG Jf8etiDg' Date: 05/06/1991 ~ Ita No: r!l o o o KJH:lab:4296 o o JZVIn'~ IZPARDIBMl' Mque8t for ......_1/~ -f<llll/OCIIIIIittee act1CID .., l'mDtier q,ticm 1lgnIIII8I1t PIIqe -2- ~~... of PnfviOl8 ~_"an/t'W'lftrrll,^_._..t....... act1cm ,."............... Q'l Jamaty 12, 1987, the t'nmI1I1ity D8YeJ.,l..-.tL n-ni-.im ~ revised te1:ms am CXIlditims for the Haagen ~ center. Q'l Jammry 22, 1990, the t'nmI1I1ity D8Yel~.t n-ni_im t.cok actims rescindin;J the Exclusive Right to Negotiate with Al8llllD!Jer -1OCJP"l. Q'l Jamaty 22, 1990, the t'nmI1I1ity D8Yel~tL n-ni-.im authorized the execution of an a,gtee.uelit for an Exclusive Right to Negotiate with New Fra1tier O....-.ciaJ. Pl.~ties, Inc. Q'l May 21, 1990, the t'nmI1I'\ity D8Yel~IL n-li_j'21 authorized ninty (90) days to the perfomance deIIdlines :in the Exclusive Right to Negotiate with New Fra1tier O-....Alcla1 P.L~ties, Inc. Q1 JUne 7, 1990, the ReQevel, 1. ...A. d.. CDIIaitt.ee x... --..-IDId to tb8 Mayor and. (} ..... dl cnmci1 am t'nmI1I'\ity D8vel,l-....'.t n-li_im ~.Nlll of d8al. points am the ni'V""itim am D8Yel~d. Ar".._lt (In\). Q'l JUne 18, 1990, the t'nmI1I'\ity D8Yel.1.......d. n-ni_im ~ the d8al. points for a [li'V""itim am D8Yel.....-.t Ar".._d. (In\) with New Fra1tier (\ ....-. ...J.al P............ties, Inc., am ctirect:ed staff to c2mft the ................iate ~........L. Q'l Clctcber 15, 1990, the t'nmI1I1ity D8\Iel.1-'-'d. n-ni_im ~ the Disposition am Devel~it Ar"..-....dt. (In\) with New Fra1tier (\....-.cla1 Pl..........ties, Inc., Q'l April 1, 1991, the n-.1I'\ity DeveJ..1.._.lt n-nf_im reviewBd the Optic:n Ar"..-......tL with New Fra1tier am referred the itsn to the RIId8v8l~tL CDIIaittee for its xeview am reo:, -...--datim. Q'l April 4, 1991, the RiEldevel. 1'..... It CDIIaitt.ee reviewBd the Optic:n ~..e...a..L with New FraIl:ier am rec:.....-'1ded to the n-.1I'\ity Devel~d. n-li_im "H:'Luval of SlIIIIe . on April 15, 1991, the n-.1I'\ity Devel~d. n-ni_im cxzrt:i.Juld this itsn to the May 6, 199111leetiD1. <XIIf'I"HIT" AI:iIli......uu JIIeti.Dq Date: 05/06/91 o o o o IZ9BID1'Ia1' IBPARIJIDll' 8'JUJ' 1rII'k.m ... Jlftllltiar twd-".... L...-...... 'Ibe RBdev8l...........d.. 1qerr:j (D8I/el..........lt Department) an1 New Pra1tiIlr 00 ....-. cla1 Pt_u., Inc., haw prwicusly entered jnto a Di....,.,.,iticn an1 D8I/el_d.. Af;j:l.......kt. (IDA) dated octd:ler 15, 1990 pert:ainin; to the d8v8l......-.t of a 95,000 Iq.IIll'8 feat JUlti-pllXpCS8 .. ....-.cla1 amter located en the ........... of Bueline Sl...e&t an1 "..,.ical 0lInt.er Drive (West Side Plaza). 'Ibe ni....,.,.,iticn an1 D8Y9l'1,".-.lt ~....<<. (IDA) rlpe('ified that the 1qerr:j an1 New Frcnt:ier had ~-c1 to enter jnto an Opticn lo".._,L for the pm:tlase an1 dsvelo 1, .L of a five (5) acre paroel of Devel...t.......t Department CJrm8d lard i_btely adjacent to the West Side Plaza site (Phase II). 'Ibe IDA further specoified the deal points of the Opticn lo"..-.t 1dW:h have been bllXlLr-J1,Clted jnto the ~1IIlaI"(t at1:actled as Extdbit "AM an1 listed as follows: 1. 'Ibe qJt:icn price is the 1qerr:j's ."'Cp,i..iticn cost of $861,099.34. 2. 'Ibe qJt:icn shall remain in effect for four (4) years t%aIl the date of i .....1II1'ICl! of a certificate of o:mpleticn en Phase I of the West Side Plaza site. 3. 'Ibe use of the Phase II paroel shall be in accardance with the city of San Bet:tlarc:iinJ zarl.rJ] requj%ement:s. 4. 'Ibe 1qerr:j is not c:bligated to provide e:rtf finarcl.a1 or other assistance with respect to the Phase II paroel. we am 4IXp8Ct to lIIII8lld the Opticn lo".._.L in the future to ilx:lme a 6,500 square feat paroel, Dm8 (. ....~y kncwn as the Kel10g b'L_t:y. 'Ibe Kel10g l4~ty is situated within the easterly partial of the Phase II site. Mrs. Kel10g wished to ocntirI.Je livinq in her hcuse at the tima the other b'L_t:y was acquired an1 the 1qerr:j did not MBi i_i-te poI'll'--eicn. 1IU1e Phase II oculd b'L........ed withart: this paroel, it is Dm8 likely that _ will acquire it l1CIli that Mrs. Kel10g has 1IICMld. At the April 15, 1991 '""'""i....1en~, ClCliOllDliS wre raised regardiJ'Ig speci- fie ref.....__ to the IDA lISt forth in the Opticn ~__d.. an1 profit sharirJ;J. To i:IproIIe the Opticn Agreelll8ht, _ haw had 1qerr:j ~b' ccunsel 1n..uk.~ate 8lIpl.ioit text in the ........""""Jt rather than IIIIlIdrq references to the IDA. '!his will mdLIce e:rtf potential ccnfusicn that might be caused by the use of such re- ferences. With respect to the ClCllCl8l.T1S ~ profit sharirJ;J, it was the deliberate dloice of the 1qerr:j not to particl.pate in Phase II. 'Ibe 1qerr:j will not be providing e:rtf lIli:U.ticna1 assistance relative to Phase II an1 the lard will be sold en a full cost ret:X:Ner'J basis. 'Ibe forty pu....d.. (4M) perticipatien by the 1qerr:j was in oonsideratien of the 1qerr:j's finarcl.a1 assistance en Phase I. 4::) KIH:lab:4296 aIKtSSIr.tf 1UiIS........, IIIet:i.Dq Date: 05/06/1991 o o o o DBVBIDIIII!N.r _ IIISI7 MUUKI: .. I'1'cIDtic 0pti0D ~ Jfay 1, 1991 PfIge -2- '!he absence of 1/qf1rCf part:.i.cipatia in Hlase II was fUlly ccnsidered dl.J:dn;J the negotia1:1.cns uncJ8rtaken durlnq RwIe I. '!he final ~ ~ ~.it is attac:iled am has I:leen revi8lIl8d am 8JiP:'CMId by )qiIrc;f CXlUrlII8l am the R8c5lIY8l_.L o:mm.ttee at its April 4, 19911ll88t:in1. I n<" ....-'ld adqIticn of the attac:iled ~utia1. _~, ~ve Dlnctor D8Ve1:~ -I'l,t ~ o KlH:lab:4296 (lIIITfHIYll" 1UiI5'.L'.uG -.tiDg' Date: 05/06/91 o o o o o 1 2 RESOLUTION NO. 3 4 5 6 7 8 city of San Bernardino (the "Commission") on behalf of the 9 10 11 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN OPTION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND NEW FRONTIER COMMERCIAL PROPERTIES, INC., A CALIFORNIA CORPORATION WHEREAS, the Community Development Commission of the Redevelopment Aqency of the city of San Bernardino (the "Aqency"), is a redevelopment aqency, a public body, corporate and pOlitic of the State of California, orqanized and existinq 12 pursuant to the Community Redevelopment Law (Part 1 of Division 13 24) commencinq 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 seekinq to acquire real property 25 from the Aqency; and 26 27 WHEREAS, Section 33391 of the Act provides that a 28 redevelopment aqency may acquire any real or personal property - 1 - o o o -,;0;; o o 1 within a redevelopment project area or for the purposes of 2 redevelopment and Section 33430 of the Act provides that a 3 redevelopment agency may dispose of any real or personal property 4 within a redevelopment project area or for the purposes of 5 redevelopment; and 6 7 WHEREAS, the Agency and New Frontier Commercial 8 Properties, Inc., a California corporation (the "Developer") 9 desire to enter into a certain Option Agre_ent (the 10 "Agre_ent"), a copy of which is attached hereto as Exhibit "A" 11 and incorporated herein by reference, pursuant to which, among 12 other matters, the Developer would have the option to acquire 13 from the Agency certain real property (the "Property") which is 14 described in Exhibit "A" to the Agre_ent; and 15 16 WHEREAS, the Property is located within the area 17 subject to the Redevelopment Plan (the "Project Area") and its 18 acquisition would be for purposes of the redevelopment thereof in 19 a manner consistent with the Redevelopment Plan; and 20 21 WHEREAS, in the event the Developer desires to exercise 22 the option pursuant to the Agre_ent, the Agency Staff shall at 23 such time prepare and make available for public inspection a 24 Summary Report (the "Summary") concerning the proposed Agre_ent, 25 as required by Health and Safety Code Section 33433, a copy of 26 hich will be placed on file with the Agency; and 27 28 - 2 - o o o o o 1 WHEREAS, in the event that the Developer exercises the 2 option, the city staff shall at such time duly notice and conduct 3 a public hearinq in accordance with the requirements of Health 4 and Safety Code Section 33433 and Section 33431 concerninq the 5 proposed sale of the Property by the Aqency to the Developer; and 6 7 8 9 10 11 section 1. The Aqency hereby approves the proposed 12 Aqre_ent pertaininq to the qrantinq of an option to the 13 Developer with reqard to the Aqency's interest in the Property. 14 The Aqency authorizes the Executive Director of the Aqency to 15 execute the Aqre_ent and to execute such other documents as may 16 be necessary to impl_ent the Aqre_ent and to make any necessary 17 non-substantive chanqes in the Aqre_ent as may be approved by 18 Aqency Special Counsel. 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED, BY THE COMMUNITY DEVELOPMENT COMMISSION ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: - 3 - o o o - o o 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING A CERTAIN OPTION AGREEMENT BY AND 2 BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND NEW FRONTIER COMMERCIAL PROPERTIES, INC. , A CALIFORNIA 3 CORPORATION 4 5 Section 2. This Resolution shall take effect upon adoption. 6 7 8 9 10 wit: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Community Development Commission of the city of San Bernardino at a the lDeeting thereof, held on , 1991, by the following vote, to day of Commission Members: AiD BAn ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER Secretary The foregoing resolution is hereby approved this day of , 1991. Approved as to form and legal content: By: ft,~ ~,~ Agency Counsel . 8IIIlllIOOnIDOC14 w. R. Holcomb, Chairman community Development Commission of the City of San Bernardino 27 28 - 4 - o 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 o 27 o o o 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) ss 3 I, Secretary of the C01IIIIIunity Development Commission of the City of San Bernardino, DO HEREBY 4 CERTIFY that the foregoing and attached copy of Community Development Commission of the City of San Bernardino Resolution 5 No. is a full, true and correct copy of that now on file in this office. 6 7 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Community Development Commission of the City of San Bernardino this day of , 1991. Secretary of the Community Development Commission of the City of San Bernardino 28 0 0 0 1 EXHIBIT "A" 2 OPTION AGREEMENT 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 RECORDING REQUESTED BY: o Redevelopment Agency of the City of San Bernardino AND WHEN RECORDED MAIL TO: Redevelopment Agency of the City of San Bernardino 300 North "D" Street San Bernardino, California 92418 ontOIl ACRk...."..r (NEW FRONTIER DEVELOPMENT CORPORATION) o THIS OPTION AGREEMENT (the "Agreement") is entered into this day of , 1991, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the "Agency") and NEW FRONTIER COMMERCIAL PROPERTIES, INC., a California corporation ("Developer"). The Agency and the Developer agree as follows: This Agreement is dated , 1991, for reference purposes only. o ~... -- o o o ,.ART.'R 01' CO..... KRIS ~ RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section l. Option to Purchase Property . . 3 Section 2. Purchase Price of the Property . 3 0 Section 3. Transfer of Title . . 3 Section 4. Term of Agreement 4 Section 5. Exercise of Option . . . 4 Section 6. Use of Property . 5 Section 7. Notices . . . . . 6 Section 8. Nonliability of the Agency 7 Section 9. Entire Agreement . 7 Section 10. Effective Date 7 o (1) o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o ,~ o o RECITALS WHEREAS, the Agency is authorized and empowered by the Community Redevelopment Law of the State of California, Chapter 1 of Division 24 of California Health and Safety Code, to enter into agreements for the acquisition, disposition and development of real property and otherwise to assist in the redevelopment of real property within a redevelopment project area in conformity with a redevelopment plan adopted for such area; to acquire real and personal property in redevelopment project areas; to receive consideration for the provision by the Agency of redevelopment assistance; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; and to incur indebtedness to finance or refinance redevelopment projects; and WHEREAS, the Agency and the City of San Bernardino (the "City") have previously approved and adopted the Redevelopment Plan (the "Redevelopment Plan") for the Northwest Redevelopment Project Area (the "Project Area"); and WHEREAS, the Agency has acquired certain real property comprised of an approximately five (5) acre parcel as more fully described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property") located within the Project Area on (2) o ] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o JIj\ """- o o the west side of the city of San Bernardino (the "City") generally located near the intersection of Baseline Street and Medical Center Drive; and WHEREAS, the Agency and the Developer have previously entered into a certain Disposition and Development Agreement dated as of October 15, 1990, (the "DDA") pertaining to the development of certain property immediately adjacent to the westerly boundary of the Property (the "Shopping Center Site"); and WHEREAS, in connection with the development of the Shopping Center Site and corresponding execution and implementation of the DDA, the Agency and the Developer have agreed to enter into an Option Agreement pertaining to the Property for the purposes of providing for the acquisition and development of the Property by the Developer upon substantial completion of the development of the Shopping Center Site; and WHEREAS, the Developer desires to acquire the exclusive right to purchase, without becoming obligated to purchase, the Property (the "Option") at an agreed price and under specified terms and conditions as more fully set forth herein. NOW THEREFORE in consideration of the premises, the covenants and agreements herein contained, and other good valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: (3) cc o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o -'''''~/- o o Section 1. ODtion to Purchase ProDertv. The Agency hereby grants the Developer the Option to purchase the Property from the Agency upon the terms, conditions and for the consideration hereinafter set forth. Section 2. Purchase Price of the ProDertv. The purchase price (the "Purchase Price") for the Property shall be the price paid by the Agency for the Property, including, but not limited to, the Agency's acquisition costs, relocation costs, transactional and carrying costs which Purchase Price shall equal Eight Hundred Sixty-One Thousand Ninety-Nine Dollars and Thirty-Four Cents ($861,099.34). Section 3. Transfer of Title. The Agency agrees to transfer and to convey to the Developer, at such time that the Developer pays the Purchase Price in accordance with Paragraph 2 above, title to the Property, subject to any and all limitations, easements, liens or other encumbrances or restrictions against the Property which existed at the time that title thereto vested in the Agency. The Agency shall cause the preparation of a Preliminary Title Report (the "Preliminary Title Report") the costs of which, if any, shall be reimbursed to the Agency by the Developer. A copy of the Preliminary Title Report which reflects title to the Property, including all exceptions thereto shall be delivered to the Developer concurrently with the execution of this Agreement. (4) o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o ::.'>-rs:_ o o Section 4. Term of the Aareement. This Option shall remain in effect for a period of four (4) years from the date of issuance of a Certificate of Completion in connection with the development of the Shopping Center SIte as provided in the DDA; provided, however, that in the event the Developer fails to undertake and complete the development of the Shopping Center Site in accordance with the provisions of the DDA or the Developer shall be deemed in default in connection with the development of the Shopping Center Site, then this Option shall thereupon be terminated immediately and shall be of no further force and effect. Section 5. Exercise of ODtion. The Developer shall exercise its Option to acquire the Property by depositing the Purchase Price for the Property into an escrow within thirty (30) days of the submission by the Developer to the Agency of written notification that Developer elects to exercise the Option provided, however, that such thirty (30) day period has commenced at least thirty (3) days prior to the expiration of the term of this Agreement as provided in Section 4 hereof. Ther eascrow shall be for a period of not more than thirty (30) days, or such time period reasonably required by a title company selected by the parties hereto to issue a CLTA title insurance policy (the"Title Policy"). at Developer's sole cost and expense, but in no event beyond ninety (90) days and shall be opened with an escrow agent as mutually (5) o ] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 o o "'-'-,""7,:""",,,.,.~,~,:,,",,, o o agreed upon in writing by the parties hereto. The Title Policy shall insure that fee simple title to the Property is vested in Developer subject only to those exceptions to title that existed at the time the Agency acquired title as set forth in the Preliminary Title Report and any additional liens or encumbrances approved in writing by Developer prior to the close of the escrow described in this Agreement. In the event Developer does not exercise its Option to purchase the Property as set forht in this Agreement by sUbmitting its notification of its election to exercise the Option to the Agency, and closing escrow, within the times set forth above, the Developer's Option shall expire. Thereafter, the Agency shall take ownership of the Property and shall have all of the rights and obligations associated with such ownership. If Developer fails to exercise its Option in accordance with its terms and within the Option period or any extension thereof as mutually agreed upon in writing by the parties hereto, the Option and the rights of the Developer to acquire the Property pursuant to the terms of this Agreement shall automatically and immediately terminate without notice and without further action. However, upon written request from the Agency, the Developer shall properly execute, acknowledge and deliver to the Agency within five days a release of Option, or any other document reasonably required by Agency or a Title Insurance Company to verify the termination of this Agreement. (6) o I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o . '._".."'~""4'''!4;ll>11l9 o o Section 6. Use of ProDertv. In the event the Developer exercise its Option as provided herein, the Developer agrees that it shall develop the Property and csuse the Property to be used in accordance with the City of San Bernardino's zoning requirements and in a manner consistent with the Redevelopment Plan. Section 7. Notices. Any and all notices, demands or communications submitted by any party to another party pursuant to or as required by this Agreement shall be proper and shall be deemed to be given in accordance with this Agreement if in writing and dispatched by messenger for immediate personal delivery evidenced by written acknowledgement, or First Class United States certified mail, return receipt requested, postage prepaid, addressed to the parties as hereinafter set forth. Such written notice, demands end communications shall be sent in the same manner to such other addressees and/or addresses as either party may from time to time designste upon notice in the form and the manner as provided herein. Any such notice, demand or communication shall be deemed to be received by the addressee on the (a) day that is dispatched by messenger for immediate personal delivery or (b) two (2) business days sfter it is placed in United States mail as heretofore provided. Any and all notices, demands or communications shall be addressed and sent to the other parties as follows: (7) o o 17 18 '..';:~~..e= o o 1 2 3 4 5 6 7 8 9 10 If to the Agency: Redevelopment Agency of San Bernardino 300 North "D" Street, 4th Floor San Bernardino, California 92418 Attention: Kenneth J. Henderson, Executive Director If to the Developer: New Frontier Commercial Properties, Inc. 701 S. Parker Street Suite 2000 Orange, California 92668 Attention: John W. Pierce with copy to: Sabo & Green, a Professional Corporation 6320 Canoga Avenue Suite 400 Woodland Hills, California 91367 Attention: Timothy J. Sabo Section 8. Nonliabilitv of the ARencv. No member, officer or 11 employee of the Agency shall be personally liable to the Developer, or 12 any successor in interest of the Developer, in the event of any default 13 by the Agency, or for any amount which may become due to the Developer or 14 15 to its successors in interest on any obligations under the terms of this Agreement, except for gross negligence or willful acts of such member, 16 officer or employee. Section 9. Entire ARreement. This Agreement constitutes the 19 entire Agreement of the parties hereto with respect to the matters set 20 forth herein and this Agreement supersedes all negotiations and previous 21 agreements between the parties with respect to all or any part of the 22 Property and other terms and provisions set forth therein. 23 24 25 26 o 27 28 Section 10. Effective Date. This Agreement shall be effective as of the date it is executed by the parties. (8) ] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 o 27 o o 28 UI - - "If l o o IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the dates set forth below. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO Date: By: Executive Director (SEAL) APPROVE AS TO THE PROGRAM: By: Redevelopment Manager APPROVED AS TO FORM: Agency Special Counsel NEW FRONTIER COMMERICAL PROPERTIES, INC., a California corporation Date: By: Its: (9) o It) ~ c.o 'l' rd /"0 to ~ rI) . l- --- - _.. - ~ ,.,,,,,,:~,..., .."."". o '. ~ --- --'= ..... -- o o o . !lIl ""'--~ o o C I T Y 0 F SAN B ERN A R DIN 0 INTEROFFICE MEMORANDUM TO.: Timothy C. Steinhaus, Agency Administrator Economic Development Agency Ezell James ATTN: FROM: Dennis A. Barlow, Sr. Asst. City Attorney DATE: March 28, 1991 RE: New Frontier You have asked if the Option Agreement needs to be approved by the Commission. Al though the resolution approving the DDA also authorized the execution of all other agreements necessary to the implementation of the DDA, the Option is not a document necessary to the implementation of the DDA. Therefore it must have further Commission approval. I have discussed this issue with Andre deBortnowski who concurs. ~ DAB/ses/New-Fron.mem