Loading...
HomeMy WebLinkAboutRS01-Economic Development Agency o o o o ~ IZPARDIDr1' 011 .mP CITY 011 SllN ~DD ldl.-.b.!' ItJR IY'MIITAaTt'IU'~ wI I. ....1...(B Fran: SUbject: ~ '.D) mil JODfl' ~ ~ BB'l'- _mII~ ~ mI) II'.I' e- DUKBS mI) U~ mlNElH J. HENIERStW ExBcutiva Director Date: J'une 24, 1991 ~.....pei. of PI:8ric:Ius '-"-~Cll/OOO"""'l/OCIIIIIittae ~: On April 9, 1990, the n-mro"'lity Dsvel~,l. t'hmIi_i.at ~ finBncial assist- ance to DJkss-DJkss an:! As8oc'iates for the b.d1dcut of the ~ Estates sub- divisiat. On May 1, 1990, the Redsvel.~1t 1qIrc:y entered into a Joint Dsvel~,t Jlo,j1._,l. with DJkes-Dlkes an:! Ae.......i'\tes for the I::W.l.d-c:a1t of the Orlu-3uilOOd Estates subdivisiat. ReI: .-.-A'l"'-d JIo'ticm: fnr....",oIt;v DIIval.--.-..L ~_"an' '!hat the n-mro"1ity Dsvel..........1t t'hmIi -iat "W'....... the _~d. of the Joint Dsvel~d. ~_,t betllll8n the Redsvel.~1t Jqert::y an:! DJkss-DJkss an:! Ae.......b:tes for the I::W.l.d-c:a1t of the Orangewood Estates subdivisiat to reflect ~ in su1:lstit:ut.irq RIase II for Hlase III an:! RIase III far RIase II to beor- a part of the Joint Dsvel~,t JIoj.._It. ~tor j.......... ~J~. oK, Bacutive DincItor 7' DweJ.. 'l ~t DIpIrtID8Dt cantact Persal: Ksn HI::u.. '-1 scnIE:! VI n?"IIiIII Hlcna: 5065: 5081 six (6) Project Area: Nort:tlwEt ~ Data Attac:tled: ward(s) : At-.Af''' pm. il t, A'rI'WM .d!.i_. "L FUNDDG ~: 1l1IDmt: $ N/A N/A source: aldget Authority: OCIIIIIissiaat.............' Notes: ~:ELF:lab:4441 0CHIIB8I<>>f JlGBlD MIIetiJlq Date: 07/01/1991 ~ It.D No: ~s-L o o o IZVBIDl'JIBRr II!lPARDII!:Rr ~ 1UU'UlCL" - to Dukes Dukes ...... ~-4..tes JoiDt D8v8l _ftt ~&L on April 9, 1990, the l'hnmI"1ity Dsvel.......-,t. l'hrIIli....iCl'l ~ financial assist- ance to ~ and As8oc'iates for the l::A.1i1d-cut of the Qral.;).l.lJlCod Estates subdivisicl'1. 1qItr::y CXAJnSel. was "~y directed to prepu:e the ~"'lo"o1at:e agreElllaht. on May 1, 1990, the Redevel.......-/t 1qItr::y entered into a Joint Dsvel.......-,t. Ao".........../t 1:letwm1 the l'hnmI"1ity Dsvel~lt 1'hrIIl4 ....iCI'1 and DIltes-IlUklIIs and As8oc'iates for the h,41d-cut of the QrallgWCoo Estates subdivisicl'1. 1l1rin1 the mcnt:h of P'ebrua:ty, 1991, DIItes-IlUklIIs and Aa-iates sul:lllitted a request to llIIIlm:i the ~ of the Joint Dsvel.......-lt A:I...........d. to :reflect the a.....e.<<. market realities and to CCIlSOJ.idate devel.~,t. alan:] califcmia Sl.......t. '1he charJ;es in the unite in each phase will be: 1. Blase II: 2. Blase III: Oriainal 38 49 Pi.._.~ 49 38 o staff reo ....-rds adcpt.ic:n of the attac:hecl AlIIllOOllleht to the Joint Dsl/D1. 'l.'-It. J\g1:__lt. I~~a~-- o ~:ELF:lab:4441 ~~ Meet:iDg' Date: 07/01/U o 1 2 3 4 5 6 7 8 9 10 11 12 13 o o RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE FIRST AMENDMENT TO THE JOINT DEVELOPMENT AGREEMENT WITH DUKES-DUKES AND ASSOCIATES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute that certain First Amendment to the Joint Development Agreement with the Redevelopment Agency of the City of San Bernardino and Dukes-Dukes and Associates relating to Orangewood Estates to substitute Phase III for Phase II and Phase II for Phase III, in a form as attached hereto as Exhibit "A". SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement 14 fail to execute it within sixty (60) days of the passage of this c:> 15 resolution. 16 I HEREBY CERTIFY that the foregoing Resolution was duly 17 18 19 20 21 22 23 24 25 26 27 o 28 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 o 28 o o o o RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE FIRST AMENDMENT TO THE JOINT DEVELOPMENT AGREEMENT WITH DUKES-DUKES AND ASSOCIATES. Council Members: AYES NAYS ABSTAIN ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk of The foregoing Resolution is hereby approved this , 1991. day w. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~h,-) DAB/bg [Dukes. Res] 2 June 27, 1991 o o o o o 1 FIRST AMENDMENT TO 2 JOINT DEVELOPMENT AGREBMEN'l' 3 4 THIS AMENDMENT TO AGREBMEN'l' , made this day of 5 , 1991, by and between the REDEVELOPMENT AGENCY OF 6 THE CITY OF SAN BERNARDINO, (hereinafter referred to as "Agency"), 7 the CITY OF SAN BERNARDINO, a Charter City duly organized and 8 existing pursuant to the Constitution of the State of California, 9 (hereinafter referred to as "City"), and DUKES-DUKES & ASSOCIATES, 10 INC., a California Corporation, (hereinafter referred to as 11 "Dukes"). 12 RECITALS 13 A. WHEREAS, the parties entered into that certain Joint 14 Development Agreement, dated April 20, 1990, and recorded on May 15 22, 1990, as Document Number 90-199231, official records of San 16 Bernardino County; and, 17 B. WHEREAS, the parties desire now to amend said Joint 18 Development Agreement to revise the time schedules for the phases 19 to be constructed; and 20 NOW 'l'HEREFORE, the parties hereto agree as follows: 21 1. Section 2.1 of the Agreement is amended to read as 22 follows: 23 "2.1 City hereby agrees to convey the City 24 property to Dukes for the purchase price of One 25 Million Nine Hundred Thousand Dollars ($1,900,000.00) 26 payable in Twenty-Five Thousand Dollar increments upon 27 the sale of each of the completed homes on the City 28 property on Phases I and II. Such purchase price will DAB/bg [Dukes.1Am] 1 June 26, 1991 o o o o o 1 be evidenced by a Promissory Note substantially in the 2 form of Exhibit "C", and secured by a Deed of Trust 3 substantially in the form of Exhibit "D" covering the 4 units in the City property, which will be released as 5 to each lot upon close of escrow for the sale of the 6 completed home constructed on that lot." 7 2. Section 2.3 of the Agreement is amended to read as 8 follows: 9 "2.3 In Phase II, the 49 units will be built in 10 two groups. Group A will be composed of 24 units, 11 (shown on Exhibit "G"), and Group B will be composed 12 of 25 units, (shown on Exhibit "R"). Construction of 13 Group A will commence on or before July 15, 1991. 14 Construction of Group B will commence on or before 15 November 15, 1991." 16 3. Section 2.4 of the Agreament is amended to read as 17 follows: 18 "2.4 In Phase III, the 38 units on the Dukes 19 property will be built in two groups. Group A win be 20 composed of 19 units, (shown on Exhibit" I " ), and 21 Group B will be composed of 19 units, (shown on 22 Exhibit "J"). Construction of Group A will commence 23 on or before March 15, 1992. Construction of Group B 24 will commence on or before August 15, 1992." 25 4. Section 3.3 of the Agreement is amended to read as 26 follows: 27 "3.3 Upon commencement of construction of the 28 units in Group A of Phase II, the Agency will loan to DAB/bg [Dukes. lAm] 2 June 26, 1991 o o o o o 1 Dukes a third temporary construction loan in the 2 approximate amount of Two Million One Hundred Fifty- 3 Three Thousand Eight Hundred Seventy-One Dollars and 4 Fifty Cents) ($2,153,871.50) to build 24 homes in 5 Group A. Dukes will pay COD 1.5t of such loan prior 6 to receipt of the loan for a loan fee and for 7 disbursement administration. Said loan shall be 8 subject to a floating interest rate of 1.5 points over 9 prime as determined by Bank of America. Said loan 10 will be evidenced by a Promissory Note substantially 11 in the form of Exhibit "C" and secured by a Deed of 12 Trust substantially in the form of Exhibit "D", which 13 shall be partially released as each home is sold upon 14 the payment of the proportional amount due of the 15 remaining principal and interest for that unit, 16 including the unit's share of the cost of the models. 17 Said Deed of Trust will be junior to that Deed of 18 Trust described in Paragraph 2.2." 19 5. Section 3.4 of the Agreement is amended -Eo read as 20 follows: 21 "3.4 Upon commencement of construction of the 22 units in Group B of Phase II, the Agency will loan to 23 Dukes a fourth temporary construction loan in the 24 approximate amount of Two Million One Hundred Fifty- 25 Three Thousand Eight Hundred Seventy-One Dollars and 26 Fifty Cents ($2,153,871.50) to build the 25 homes in 27 Group B. Dukes will pay CDD 1.5t of such loan prior 28 to receipt of the loan for a loan fee and for DAB/bg [Dukes.1Am] 3 June 26, 1991 o o o o o 1 disbursement administration. Said loan shall be 2 subject to a floating interest rate of 1. 5 points over 3 prime as determined by Bank of America. Said loan 4 will be evidenced by a Promissory Note substantially 5 in the form of Exhibit "CO and secured by a Deed of 6 Trust substantially in the form of Exhibit "D", which 7 shall be partially released as each home is sold upon 8 the payment of the proportional amount due of the 9 remaining principal and interest for that unit, 10 including the unit's share of the cost of models. 11 Said Deed of Trust will be junior to that Deed of 12 Trust described in Paragraph 2.2." 13 6. Sections 3.5 and 3.5.1 of the Agreement are deleted. 14 7. Section 3.6 of the Agreement is amended to read as 15 follows: 16 "3.6 Upon commencement of construction of the 17 units in Group A of Phase III, the Agency will loan to 18 Dukes a sixth temporary construction loan in the 19 approximate amount of One Million Six Hundred s~ty- 20 Nine Thousand Six Hundred Sixty-Eight Dollars 21 ($1,669,668.00) to build the 19 homes in Group A. 22 Dukes will pay CDD 1.5% of such loan prior to the 23 receipt of the loan for a loan fee and for 24 disbursement administration. Said loan shall be 25 subj ect to a floating interest rate of 1. 5 points over 26 prime as determined by Bank of America. Said loan 27 will be evidenced by a Promissory Note substantially 28 in the form of Exhibit "CO and secured by a Deed of DAB/bg [Dukes. lAm] 4 June 26, 1991 o o o o 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 Trust substant~ally ~n the form of Exh~b~t "D", wh~ch shall be part~ally released as each home ~s sold upon the payment of the proport~onal amount of the rema~n~ng pr~nc~pal and ~nterest due for that un~t, ~nclud~ng the un~t's share of the cost of the models." 8. Sect~on 3.7 of the Agreement ~s hereby amended to read as follows: "3.7 Upon commencement of construct~on of the un~ts ~n Group B of Phase III, the Agency w~ll loan to Dukes a seventh temporary construct~on loan ~n the amount of One M~ll~on S~x Hundred S~xty-N~ne Thousand S~x Hundred S~xty E~ght Dollars ($1,669,668.00) to bu~ld the 19 homes ~n Group B. Dukes w~ll pay CDD 1.5t of such loan pr~or to the rece~pt of the loan for a loan fee and for d~sbursement adm~n~strat~on. Sa~d loan shall be subject to a float~ng ~nterest rate of 1. 5 po~nts over pr~me as determ~ned by Bank of Amer~ca. Sa~d loan w~ll be ev~denced by a Prom~ssory Note substant~ally ~n the form of Exh~b~ t "C" and secured by a Deed of Trust substant~ally ~n the form of Exh~b~t "D", wh~ch shall be part~ally released as each home ~s sold upon the payment of the proport~onal amount of the rema~n~ng pr~nc~pal and ~nterest due for that un~t, ~nclud~ng the un~t's share of the cost of the models." 9. Sect~ons 3.8 to and ~nclud~ng 3.9.1 are deleted. III III DAB/bg [Dukes. lAm] June 26, 1991 5 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 10. Exhibits "G", "H", "I" and "J" to the Agreement are amended as shown in Exhibits "G", "H", "I" and "J" attached hereto and incorporated herein. 11. Exhibits "K", "L" and "M" to the Agreement are deleted. 12. Except as amended herein, said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on the day and date first above shown. ATTEST: CITY OF SAN BERNARDINO By: W.R. HOlcomb, Mayor City of San Bernardino City Clerk ATTEST: REDEVELOPMENT AGENCY/COMMUNITY DEVELOPMENT COMMISSION By: W.R. Holcomb, Chairman Secretary DUKES-DUKES & ASSOCIATES, INC. Approved as to form and legal content: By: JAMES F. PENMAN City Attorney By'~ / By: Approved as to form and legal content: By:~~J vl"gency Co el - DAB/bg [Dukes. lAm] 6 June 26, 1991 19 th Street 37 3 C 38 1 39 2 C\rrow Vista Proposed Pl::se 2, Revised 6/26/91 EXHIBIT "G" Nt 3 1 2 1 3 2 3 L 36 35 34 33 32 31 30 I."......,.,""'"""""',..."....,.".....,.".,"""""""""";"""'.1 .Ph.a....s.."'.....2B .24...h.............., ;{...~:",L".;",.Rm~~ Lincoln 40 1 3 1L 2L 1J 30 1 1 10 p e n 41 3 3 Jl 29 42 28 2 3 14 r 1 '" 9 2 8 3 7 1 6 . . .. ..... ....... .,n. . " 1.:;lefi.~~~!g~jg~niQmg~I;1 ~..- I _..] q\ , r'- __~n._j , L_ IJ~ '- I /. Map Not to Scale Legend 1-1573. 2 -1672. 3 -1859.49 Total Revised 6/26/91 19 th Street OArrow Vista Proposed RU'-'se 2, Revised 6/26/91 ( EXHIBIT "H" ) Q Nt len~~~;~~;~~;tiQffi~~1 Lincoln 0 43 S 27 2 y 44 I 3 26 V 1 L L 1 4 45 a 25 1 3 16 n 3 2 1 3 3 46 . I 24 17 \.. ~ 1 L a 47 3 3 l;leH~'~~:~A:;~5hgmg~;1;.1 23 18 2 , 1 ...., 48 3 1 L 2 22 19 0 1 1 L 3 1 49 2 20 21 J \. .J ,,1'';'"'''''''''' ,. Map N9110 ~_cllle Legen,d.--f.-1573. ,,2 -167g,"3 '1859.49 Total. Revl ed.6/26/91,'4:." J.-S',"" ( EXHIBIT "I" )0 ...W[!] c 14 o ARROW VISTA PHASE 3 PLOT PLAN MAP NOT TO SCALE LEGEND: 1-1573, 2-1672, 3-1859 38 TOTAL UNITS. 15-1573,10-1672,11.1859 L= left or reversed floor plan Revision Date 6/25/91 o 10 [!] 13 12 " 9 14TH STREET SEE SH(ET 3. fil"---- ". E 5 0 EXHIBIT "J" )0 [!] 2 -. III 14 13 12 II S 1 17 SEE SHEET 4. 8. " , 3 18 31 2 32. 7111' 2 19 30 [!] 33. 6. [!] 20 29 rn 34. 5__' [!] 21 28 [!] 35. 4. C . G . L L ... E y ::: 36. N .; 3. 1 .22 D ili 0 t- E ... '27 V ... ... ... I ili .. S E ... T wl:: 2. 1 23 R [!] 37 . E 26 S E T T R E 2 24 250 38'- E '.1 T o ARROW VISTA PHASE 3 PLOT PLAN MAP NOT TO SCALE LEGEND: 1-1573, 2-1672, 3-1859 38 TOTAL UNITS. 15-1573,10-1672,11-1859 L= left or reversed floor plan Revision Date 6/25/91 14TH STREET SEE $HtET 3. rft~ E 5