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HomeMy WebLinkAboutR01-Economic Development Agency o o o o DBVELOl'MBBT DBP.AJn'Ioum"r OF TBB 0 CIn OF SAB BBRlWIDIBO REOUEST FOR COMlfiSSIOII/COUIICIL ACTIOII From: KENNETH J. HENDERSON EXecutive Director Subject: CBUlZ OBBRSHAW TOYOTA RBLOCATIOII Date: July 23, 1991 ------------------------------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action: On June 6, 1991, rhe Redevelopment Committee received and filed an item on this subject and instructed staff to prepare a comprehensive agreement for the Committee's consideration at its June 20, 1991 meeting . (S!IIOPSIS COIITIIlUBD TO BBXT PAGE...) --------------------------------------------------- Recommended Motion(s): (ComDP",ftv DeveloDment Commission) IIOTIOII A: That the Community Development Commission authorize the EXecutive Director to execute an Owner Participation Agreement (OPA) with Imperial Imports, Inc., doing business as Chuck Obershaw Toyota, in connection with the relocation of said dealership to the San Bernardino Auto Plaza and to increase the Department budget by $530,000, plus possible additional financing costs. 4 (ftOTIOIIS COIITIIlUBD TO BBXT PAGE...) Admi istrator ------------------------------------------------- Contact Person(s): Ken Henderson/John Wood Phone: 5081 Project Area(s): SEIP AND UPTOWN Ward(s): 2 and 3 Supporting Data Attached: Staff ReDort: Resolutions: Aareement: MaDS FUNDING REQUIREMENTS: Amount: $ 530.000 Tax Increment Source: Budget Authority: ------------------------------------------------------------------------------- Commission/Council lIotes: KJH:JW:lab:0027E COMMISSIOII AGBRDA Meeting Date: 07/25/91 Agenda Item 110: ~ o o o DEVELOPMDT DEP~QtJEST FOR COMMISSION/COUB'CIL QON Chuck Obershaw Toyota Relocation Prepared: July 23, 1991 Page -2- ------------------------------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s) Continued... On February 18, 1991, the Redevelopment Committee recommended that the Community Development Commission authorize the Executive Director of execute an Owner Participation Agreement with Imperial Imports, Inc., dba: Chuck Obershaw Toyota, in connection with the relocation of said dealership to the San Bernardino Auto Plaza and to increase the Department budget by $530,000, plus possible additional financing costs. ------------------------------------------------------------------------------- RecommPnded Motions Continued... (C.......,itv Develo1lllent Commission) MOTION B: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERlWUlINO, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF ASSISTING IMPERIAL IMPORTS, INC., DOING BUSINESS AS CHUCIC OBERSBAW TOYOTA IN RELOCATING TO THE SAN BERlWUlINO AUTO PLAZA FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF THE AGENCY. (Mavor and CnMMon Cnnncil) MOTION C: RESOLUTION OF THE MAYOR AND COMMON COUB'CIL OF THE CITY OF SAN BERNARDINO, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF ASSISTING IMPERIAL IMPORTS, INC., DOING BUSINESS AS CHUCIC OBERSBAW TOYOtA IN RELOCATING TO THE SAN BERNARDINO AUTO PLAZA FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF THE AGENCY. ------------------------------------------------------ ICJH:JW: lab: 0027E COMMISSION AGENDA Meeting Date: 07124/1991 o o o o o DBVELOPIIBBT DBPARnIEKr STAFF REPORT ------------------------------------------------------------------------------- Chuelt Obershaw Tovota Relocation ' Snmlll_rv The San Bernardino Auto Plaza is nearly fully developed with eight (8) operating dealerships and only one (1) vacant site still available. Though the Auto Plaza is gradually becoming established as the primary attraction for car shoppers in our region, it has yet to live up to its sales potential. Experts in the automobile industry maintain that for an automobile plaza to become truly successful, it is critical to have a Ford, Chevrolet or Toyota dealership located within said plaza. With the support of the San Bernardino Auto Plaza Dealer's Association, staff has been working to achieve this end. The purpose of this agenda item is to seek authorization to execute an Owner's Participation Agreement (OPA) with Imperial Imports, Inc., dba Chuck Obershaw Toyota, in connection with its move to the San Bernardino Auto Plaza. In summary, the deal points consist of using the Department's best efforts to secure eight percent (8X) long-term mortgage financing for the purchase of the Royal Chrysler/Plymouth dealership, a $350,000 grant, payable over thirty-five (35) months to assist Inland Empire Toyota in its move to Corona and a twenty-four (24) month lease at $7,500 per month, of a portion of Obershaw Toyota's "E" Street property (totalling $180,000) to facilitate the move. Because the Royal Chrysler/Plymouth dealership is located just outside of the Southeast Industrial Park Redevelopment Project Area, it is necessary that mutual benefit resolutions be adopted. The deal points are discussed in greater detail below: Deal Points 1. Inland Emoire Grant: This will induce the relocation of Inland Empire and allow Mr. Obershaw to relocate. The $350,000 grant, payable over thirty-five (35) montha at $10,000 per month, will provide a portion of the assistance Inland Empire Toyota needs to be made whole in its move. Toyota Corporation will be responsible for the balance. It is necessary that Inland Empire Toyota move from its present location in Colton, as Toyota Corporation will not allow a dealership within a ten (10) mile radius of another dealership. Our understanding is that Inland Empire Toyota's negotiations to relocate to Corona are going well, but it could take a number of months to complete the new dealership. It appears, however, that Toyota Corporation will allow the Obershaw dealership to move prior to Inland Empire completing its move to Corona, provided the agreements are in place. ------------------------------------------------------------------------------- KJH:JW:lab:0027E COMMISSIOB AGDDA Meeting Date: 07/24/1991 o o o o o DBVELOPMDT DBPARTPusm: STAFF IlEPORT Chuck Obershav Toyota Relocation Date Prepared: July 23, 1991 Page 2 ------------------------------------------------------------------------------- 2. Mort2a2e Financin2: Mr. Steinhaus has been working with Miller and Schroeder on a bond issue which would provide thirty (30) year, eight percent (8%) financing to all of the dealerships in the Auto Plaza, including Obershaw Toyota. For all but Obershaw Toyota, this would be a refinancing at lower interest rates. The financing would be secured by first trust deeds and could feature a requirement that any given dealership generate a minimum annual level of sales. If sales fell below this minimum, a penalty would be imposed. Alternatively, the dealers could be required to guarantee sales tax. If Miller and Schroeder are unable to arrange this type of financing, we will pursue other lending alternatives. These could include either increasing our Wells Fargo line of credit or buying down a conventional loan interest rate. It is important to note, however, that the Department's obligation under the OPA is limited to using best efforts to arrange suitable financing. Mr. Obershaw has indicated a willingness to lease the Royal ChrySler/Plymouth property for several montha, allowing us time to arrange the financing. The OPA features a "lock-in" clause, requiring that a Toyota dealership be operated in the City for a period of not less than twenty (20) years. 3. "E" Street ProDertv Lease: This will provide Obershaw assistance in "carrying" its "E" Street property for two (2) years at $7,500 per month or a total of $180,000. This component of the assistance package is a lease of the southerly portion of the "E" Street property inclUding several automotive service bays. There is the possibility of SUbleasing the space to automotive industry users who are in need of such facilities. Other portions of the property would be used by Obershaw Toyota for a used car business, limousine service and other related operations. Comuetin2 Site Regarding competing sites, Mr. Obershaw has informed us of some particulars concerning a Grand Terrace alternate site. The site consists of approximately nine (9) acres, adjacent to and on the east side of the 91 Freeway, several hundred yards south of Barton Road. The site would provide Mr. Obershaw with a four (4) acre dealership site and a five (5) acre remainder parcel, possibly for a future Lexus dealership. Staff has learned from Mr. Tom Schwab, City Manager for Grand Terrace, that they are currently discussing an incentive package ------------------------------------------------------------------------------- KJH:JW:lab:0027E COIMISSIOlf AGEM>A Meeting Date: 07/24/1991 o o o o o DBVELOi'MDT DBPAR'l'Iousftr STAFF REPORT Chuck Obershaw Toyota Relocation Date Prepared: July 23. 1991 Page 3 ------------------------------------------------------------------------------- worth up to $1,700,000 to Obershaw. Tbis site has excellent visibility from the northbound lanes of the 91 Freeway. Our understanding is that Grand Terrace is also working to attract L.J. Snow Ford and Center Chevrolet to this area, in an effort to start a small auto plaza of their own. Benefits In terms of the benefits of this project to the City. while Mr. Obershaw projects current sales at his "B" Street facility at nineteen (19) million dollars annually, he feels sales could reach thirty (30) million dollars with an Auto Plaza location. Tbis translates into additional sales tax revenue to the City of $110,000 annually. Tbough difficult to quantify, the sales of the other Auto Plaza dealerships would almost certainly increase as well, due to the addition of a Toyota franchise. Mr. Obershaw also projects an employment increase of roughly twenty-five (25) new jobs as a result of the relocation. Finally, after relocation to the Auto Plaza, Mr. Obershaw would begin aggressive efforts to secure a Lexus franchise for the Plaza. To facilitate this project, it will be necessary to increase the Department's budget by $530,000 plus the amount of any possible additional mortgage financing expenses. Attached for your reference is a copy of the OPA, executed by Obershaw Toyota representatives, and copies of the requisite mutual benefit resolutions, area maps of the San Bernardino Auto Plaza and the Grand Terrace alternate location, as well as a Plat Map of Mr. Obershaw's "E" Street property. Staff recommends adoption of Motion "A", and Resolutions "B" and "C". 0.. EZecutive Director rtment -------------------------------------------------- KJH:JW:lab:0027B CCMlISSIO. AGBlIDA Meeting Date: 07/24/1991 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 . WHEREAS, the C;I:ty of San Bernardino, Cal1fornia (the "Ci ty" ), is a municipal corpora'tion and a char'ter ci'ty duly crea'ted and uis'ting pursuan't 'to the Cons'ti'tu't1on and the laws of the S'ta'te of California: and WHEREAS, the Community Developmen't C^"""ission of 'the City of San Bernardino (the "Commission") on behalf of 'the Redevelopment Agency of 'the City of San Bernardino ('the "Agency" ), is a reeSevelopmen't agency, a pUblic boeSy, corpora'te aneS poli'tic of the S'ta'te. ..9f California,. .0rgan1zeeS aneS. ex1s'ting pursuan't 'to 'the Community ReeSevelopmen't Law ( Part 1 of Division 24) cOllllllencing wi th 533000) of the Health aneS Safety CoeSe of the Sta'te of Cal1fOrnia (the "Ac't"): aneS WHEREAS, 'the Agency may, in furtherance of i'ts reeSevelopment purposes, uneSertake reeSevelopman't projec'ts either within or withou't reeSevelopmen't project areas of the Agency to the extent that i't eSeterm1nes tha't such prOjec'ts are of benefit to the projec't areas of 'the Agency: aneS WHEREAS, the Agency may encourage aneS assis't 'the location aneS reloca'tion of businesses as Part of i'ts reeSevelopment ac'tivi'ties by gran'ts, loans and incentives locateeS both within aneS withou't 'the bouneSaries of 'the Southeast Industrial Park ReeSevelopmen't Projec't Area of 'the Agency if 'the Agency eSetermines: (1) 'that such reeSevelopmen't activi'ties are of benefit to the DAB/ses/Au'toPlaz.res 1 June 13, 1991 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 t7 18 19 20 21 22 23 24 25 26 27 28 - o o o o South.ast J:nc2ustrial Park Proj.ct Area of the Agency or the imm.c21ate neighborhooc2s in which the project is 10catec2 anc2 (2) that no other reasonable means of financing such rec2evelopment activiti.s is available to the community; anc2 WHEREAS, it i. in the inter.sts of th. City anc2 the Ag.ncy that the Agency cau..s the unc2ertaking of the relocation of Imperial Import., Inc., c20ing business as Chuck Obershaw Toyota to the San Sernarc21no Auto Plaza in an area ac2jacent to the Southeast Inc2ustrial Park Rec2evelopment Project Area to encourage anc2 assure . th....uc::c.s. of the othe~ regently 10c~tec2 auto dea1er.hips in the Auto Plaza which are both within anc2 without the Project Area and to retain such businesses for the City of San Sernarc21no; end WHEREAS, the unc2ertaking of the above notec2 redevelopment activities will promote the c2eve10pment of the Southeast J:ndustria1 Park Project Area within the City to the extent that 11: will 1IIak. .uch project area more desirab1. for inc2u.tria1, commercial anc2/or resic2entia1 c2eve10pment which in turn will as.ist in th. elimination of blight within such area; and WHEREAS, in order to promote the City's health, safety anc2 welfare anc2 ensure th. orc2erly c2ev.10pment of the Agency'li Southeast J:nc2ustria1 Park Project Area, it is important that the above noted rec2ev.lopment Activities be financec2 by the Agency; and . WHEREAS, it i8 appropriate at this time for the Commission to make certain findings anc2 determinations anc2 take certain .action with respect to the financing of the above noted redevelopment activities, III DAB/ses/AutoPlaz.r.s 2 June 13, 1991 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 NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Recitals hereinabove are true and correct and are incorporated herein by this reference. SECTION 2. The Collllllission consents to the payment by the Agency of the costs of the above noted redevelopment activities in order to implement the Southeast Industrial Park Redevelopment Project Plan of the Agency for the reasons set forth in the Recitals hereinabove. The Commission further finds and determines that no other reasonable means of financing the said redevelopment activities is presently available to the City or the Agency and that the City and the Agency require the use of revenues generated from the Southeast Industrial Park Redevelopment Area of the Agency in order to fund the said redevelopment activities. SECTION 3. The undertaking of the noted redevelopment activities will allow the Agency to promote redevelopment within the Southeast Industrial Park Redevelopment Project Area of the Agency by encouraging and assisting the location and relocation of businesses into the project erea which in turn will help stimulate developmant of .uch project area and the illllllediate neighborhood. SECTION 4. The Secretary is hereby authorized and directed to cause this ReSOlution to be transmitted to the Agency for appropriate action by that body. Section 5. This Resolution shall take effect upon the date of its adoption. III III III DAB/ses/AutoPlaz.res 3 June 13, 1991 ;. 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 RESOLUTION.. .ASSISTING CHUCK OBERSHAW TOYOTA IN RELOCATING TO THE SAN BERNARDINO AUTO PLAZA... . I HEREBY CERTIFY that the foregoing re.olution was duly adopted by the Community Development Commission of the City of San Bernardino at a meeting thereof, held on the day of , 1991, by the fOllowing vote, to wit: Commission Members: AYES - !!I! ABSTAIN ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER of Secretary The foregoing re.olution i. hereby approved this day , 1991. W. R. Holcomb, Chairman Community Development Commission of the City of San Bernardino Approved a. to form and legal content: By: Agency Counsel DAB/Se./AutoPlaZ.re. 4 June 13, 1991 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 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, MAKING FINDINGS AND DETERMINATIONS AS TO THE BENEFIT OF ASSISTING IMPERIAL IMPORTS, INC., DOING BUSINESS AS CHUCK OBERSHAW TOYOTA IN RELOCATING TO THE SAN BERNARDINO AUTO PLAZA FOR THE SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT AREA OF THE AGENCY. . WHEREAS, the C1ty of San Bernardino, California (the "Ci ty" ), i. a mun1cipal corporation and a charter city duly created and existing pursuant to the Constitution and the laws of the State of California; and WHEREAS, the Community Development Commission of the City of San Bernardino (the "Collllll1ssion") on behalf of the Redevelopment Agency of the City of San Bernardino (the "Agency" ) , is a redevelopment agency, a pUblic body, Corporate and politic of the State of California, organized and ex.t.ting pursuant to the Community Redevelopment Law (Part 1 of Division 24) commencing with 533000) of the Health and Safety Code of the State of California (the "Act"); and WHEREAS, the Agency may, in furtherance of its redevelopment purposes, undertake redevelopment projects either within or without redevelopment project areas of the Agency to the extent that it determines that such projects are of benefit to the project areas of the Agency; and WHEREAS, the Agency may encourage and assist the location and relocation of businesses as part of its redevelopment activities by grants, loans and incentives located both within and without the boundaries of the Southeast Industrial Park Redevelopment Project Area of the Agency if the Agency determines: (1) that such redevelopment activities are of benefit to the DAB/ses/AutoPla2.res 1 June 18, 1991 o - o o o o 1 Southeast Industrial Park Proj ect Area of the Agency or the 2 immediate neighborhoods in which the project is located and (2) . 3 that no other reasonable means of financing such redevelopment 4 activities is available to the community; and 5 WHEREAS, it is in the interests of the City and the Agency 6 that the Agency causes the undertaking of the relocation of 7 Imperial Imports, Inc., doing business as Chuck Obershaw Toyota to 8 the San Bernardino Auto Plaza in an area adjacent to the Southeast 9 Industrial Park Redevelopment Project Area to encourage and assure 10 the Success of the other recently located auto dealerships in the 11 Auto Plaza which are both wi thin and without the Proj ect Area and 12 to retain such businesses for the City of San Bernardino; and 13 WHEREAS, the undertaking of the above noted redevelopment 14 activities will promote the development of the Southeast 15 Industrial Park Project Area wi1:h1n the City to the extent that it 16 will make such project area more desirable for industrial, 17 commercial andlor residential development which in turn will 18 assist in the elimination of blight within such area; and 19 WHEREAS, in order to promote the City's health, safety and 20 welfare and ensure the orderly development of the Agency's 21 Southeast Industrial Park Project Area, it is important that the 22 above noted redevelopment Activities be financed by the Agency; 23 and 24 WHEREAS, it is appropriate at this time for the Commission 25 to make certain findings and determinations and take certain 26 action with respect to the financing of the above noted 27 redevelopment activities, 28 III DAB/ses/AutoPla2.res 2 June 18, 1991 o - o o o o 1 NOW, THEREFORE, BE IT aESOLVED BY THE MAYOa AND COMMON 2 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: _ 3 SECTION 1. The aeci tals hereinabove are true and correct 4 and are incorporated herein by this reference. 5 SECTION 2. The ('........bsion consents to the payment by the 6 Agency of the costs of the above noted redevelopment activities in 7 order to implement the Southeast Industrial Park aedevelopment 8 Project Plan of the Agency for the reasons set forth in the 9 aecitals hereinabove. The r..........f..ion further find. and determine. 10 that no other reasonable means of financing the said redevelopment 11 activities i. presently available to the City or the Agency and 12 that the City and the Agency require the use of revenues generated 13 from the Southea.t Industrial Park aedevelopment Area of the 14 Agency in order to fund the said redevelopment activitie.. 15. . . SECTION 3. The. undertaking of the noted redevelopment 16 activities will allow the Agency to promote redevelopment within 17 the Southeast Industrial Park aedevelopment Project Area of the 18 Agency by encouraging and assisting the location end relocation of 19 businesses into the project area which in turn will help stimulate 20 development of such . project area end the immediate neighborhood. 21 SECTION 4. The Secretary is hereby authorized end directed 22 to cause this aesolution to be tranSm1 tted to the Agency for 23 appropriate action by that body. 24 Section 5. This aesOlution shall take effect upon the date 25 of its adoption. 26 III 27 III 28 III DAB/ses/AutoPla2.res 3 June 18, 1991 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 RESOLUTION.. .asSI8'1'IHO CHUCK OBERSHAW TOYOTA IN RELOCATING '1'0 '1'BE SAN BERHARDINO AUTO PLaZA... . 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 , 1991, by the following vote, to wit: Council Members: AYES - NAYS - ABSTAIN ESTRADA REILLY . HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER of City Clerk The foregoing resolution is hereby approved this day , 1991. W. R. HOlcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: DAB/ses/AutoPla2.res 4 June 18, 1991 o o o v o o 1 OWNER PAR'l'XCXPA'l'XON AGRBEMBN'l' 2 THXS AGRE~NT IS ENTERED INTO THIS day of , 3 1991 by and among the REDEVELOPMENT AGENCY OF THE CITY OF 4 SAN BERNARDINO (the "Agency" ), and IMPERIAL IMPORTS, INC. , A 5 CALIFORNIA CORPORATION, doing business as CHUCK OBERSHAW TOYOTA 6 (the "Participant" ) . Agency and Participant hereby agree as 7 follows: 8 I. [100] SUBJECT OF AGREEMENT 9 A. [101] Purpose of Agreement 10 The purpose of this Agreement is to effectuate the 11 Redevelopment Plan for the Southeast Industrial Park Redevelopment 12 Project (the "Project") by providing for the development of the 13 Site, which is situated adjacent to the Southeast Industrial Park 14 Redevelopment Project Area (the "Project Area") of the Project. 15 This Agreement is entered into for the purpose of remodeling and 16 developing the Site and for facilitating the operation of an 17 automobile dealership on the Site and not for speculation in land 18 holding. The completion of the remodeling, development and 19 occupancy of the Site pursuant to this. Agreement is in the vital 20 and best interest of the City of San Bernardino, California (the 21 "City") and the health, safety and welfare of its residents, in 22 accord with the publiC purposes and provisions of applicable state 23 and local laws and requirements under which the Project has been 24 undertaken, and will benefit the Project Area by assisting in the 25 fulfillment of the San Bernardino Auto Plaza, a large portion of 26 which is located within the Project Area. 27 It is contemplated that, so long as the development, 28 remodeling and other undertakings provided for in this Agreement DAB/ses/Obershaw. agr 1 June 14, 1991 . o o o o o 1 are first accomplished in conformity with the terms herein set 2 forth, participant may subdivide, convey and devote to other 3 activities consistent with the City's land use regulations, the 4 remaining property on the site. 5 B. [102] The RedeveloJ)lllent Plan 6 The Redevelopment Plan was approved and adopted on June 7 21, 1976 by Ordinance No. 3583 of the Common Council of the City 8 of San Bernardino; said ordinance and the Redevelopment Plan as so 9 approved (the "Redevelopment Plan") are incorporated herein by 10 reference. 11 C. [103] The Site 12 The Site is that certain real property designated on 13 the Site Map (Attachment No.1) and described in the "Legal 14 Description of the Site", which is attached hereto as AttaChment 15 No. 2 and is incorporated herein by this reference, which is 16 located in and is a part of the San Bernardino Auto Plaza. n The Site is that certain real property, title to which 18 is held or is being acquired by the Participant. 19 D. [104] Parties to the Agreement 20 1. [105] The Agency 21 The Agency is a publiC body, corporate and 22 POlitic, exercising governmental functions and powers and 23 organized and existing under Chapter 2 of the Community 24 Redevelopment Law of the State of California (Health and Safety 25 Code Section 33020 et seq.). The principal office of the Agency 26 is located at 201 North "E" Street, San Bernardino, California 27 92418. 28 III DAB/ses/Obershaw. agr 2 June 14, 1991 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 "Agency", as used in this Agreement, includes the Communi~ Development Commission of the City of San Bernardino, the Redevelopment Agency of the City of San Bernar<Uno, the Development Department of the City of San Bernardino, and any assignee of or successor to their rights, powers and responsibilities. 2. [106] The Participant The Participant is Imperial Imports, Inc., a CalifOrnia Corporation, doing business as Chuck Obershaw Toyota. The principal office and mailing address of the Participant for purposes of this Agreement is 765 West Showcase Drive North, San Bernardino, California, 92412, or such successor as may purchase all or any part of said business. The Participant qualifies as an owner participant pursuant to the Redevelopment Plan and rules promulgated pursuant thereto pertaining to owner participation. 3. [107] Prohibition Acainst Chance in Ownership. Manacement and Control of the PartiCipant The qualifications and identity of the PartiCipant are of partiCUlar concern to the City and the Agency. It is because of those qualifications and identity that the Agency has entered into this Agreement with the PartiCipant. No voluntary or involuntary successor in interest of the Participant shall acquire any rights or powers under this Agreement except as expressly set forth herein. The Participant shall not assign all or any part of this Agreement or any rights hereunder without the prior written approval of the Agency which approval the Agency may not DAB/ses/Obershaw.agr 3 June 14, 1991 o o o o o 1 unreasonably withholeS. In the event of such transfer or 2 assignment: (1) the assignee shall expressly assume the 3 obligations of the Participant pursuant to this Agreement in 4 writing satisfactory to the Agency; aneS (2) any guarantees 5 provieSeeS to assure the performance of the Participant's 6 obligations uneSer this Agreement shall remain in full force aneS 7 effect. 8 All of the terms, covenants aneS coneSitions of this 9 Agreement shall be bincSing upon aneS shall inure to the benefit of 10 the Participant aneS the permitteeS successors aneS assigns of the 11 Participant. Whenever the term "Participant" is useeS herein, such 12 term shall inclueSe any other permitteeS Successors aneS assigns as 13 herein provieSeeS. 14 The restrictions of this Section 107 shall 15 terminate aneS be of no further force aneS effect uPOn the issuance 16 by the Agency of a Certificate of Completion in the form attacheeS 17 hereto as Attachment No. 5 a8 provieSeeS in Section 324 upon 18 completion of the Participant Improvements eSescribeeS in Section 19 302 of this Agreement aneS Attachment No. 4 aneS the commencement of 20 operation of the automobile eSealership. 21 II. [200] CONDITION OF THE SITE 22 A. [201] Vesting of Title to the Site 23 As of the eSate of this Agreement Title to the Site is 24 vesteeS in Participant or is being acquireeS by Participant. ShouleS 25 Participant not acquire clear title to the site wi thin two (2) 26 years from the date of this Agreement, then this Agreement is of 27 no further force aneS effect, unless otherwise extended in writing 28 by the parties hereto. Agency has no obligation to acquire or DAB/ses/Obershaw.agr 4 June 14, 1991 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 obtain the Site and the provisions of this Agreement, except for Section 316 shall not apply to the Site unless and until Participant acquires clear title. B. [202] Condition of the Site Participant assumes all risk and responsibility for any renovation of the improvements of the Site as necessary for the provision of Participant Improvements and the operation of the business. Participant assumes all risk and responsibility as to the suitability of the Site for the proposed development and the operation of the business. Agency makes no representations or warranties concerning the Site, its suitability for the "se intended by the Participant, or the surface or subsurface conditions of the Site. If the soil or other surface or subsurface conditions of the Site are not in all respects entirely suitable for the use or uses to which the Site will be put as of the date of this Agreement, Participant shall not be excused from further performance under this Agreement and it shall be the responsibility and obligation of Participant and not Agency to take such action as may be necessary to place the Site in a condition entirely suitable for the commencement, development, and completion of the Participant Improvements and the operation of the business. III. [300] DEVELOPMENT A. [301] Development by PartiCipant Participant and Agency agree that the central purpose of this Agreement is to provide for the development and/or use of the Site in a manner consistent with the Redevelopment Plan. Participant shall develop on the Site sufficient buildings and DAB/ses/Obershaw.agr 5 June 14, 1991 .. 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 related improvements for a Toyota automobile dealership. 1. [302] Scope of Development The Site shall be developed by Participant as provided in the "Scope of Development", which is attached hereto as Attachment No. 4 and is incorporated herein. The development shall inClude any plans and specifications submitted to Agency for approval, and shall incorporate or show compliance with all applicable mitigation measures and entitlements. 2. [303] Desion COncept DraWings If new construction or remodeling is anticipated or undertaken, by the respective 'times set forth therefor in the Schedule of Performance (Attachment No.3), Participant shall prepare and submit to the City of San Bernardino ("The City") for the approval of the City Engineer, Design COncept DraWings and related documents containing the overall plan for development of the Site. The Site shall be developed as established in this Agreement and such documents, except as changes may be mutually agreed upon between Participant and Agency. Any such changes shall be within the limitations of the Scope of Development (AttaChment No.4). 3. [304] Construction DraWings and Related Documents By the time set forth therefor in the SchedUle of Performance (AttaChment No.3), and, if applicable, Participant shall prepare and submit to the City, construction or remodeling drawings, landscape plan, and related documents for development of the Property for engineering and architectural review and written DAB/ses/Obershaw.agr 6 June 14, 1991 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 approval. During the preparation of all drawings and plans, staff of Agency and Participant "shall hold regular." progress meetings to coordinate the preparation of, submission to, and review of drawings, plans and related documents. The staff of Agency and Participant shall communicate and consult informally as frequently as is necessary to insure that the formal submittal of any documents to Agency can receive prompt and complet. consideration. 4. [305] Cost of Construction The cost of developing and occupying the Property and constructing all Participant Improvements thereon shall be borne by Participant. 5. [306] Construction Schedule If construction or remodeling is to be undertaken, Participant shall promptly begin and thereafter diligently prosecute to completion the construction of the Participant Improvements and the remodeling and development of the Property. Participant shall begin and complete all construction, remodeling and development of the Participant Improvements within the times specified in the Schedule of Performance (Attachment No.3). Participant shall strictly conform to all time requirements and limitations set forth in this Agreement. The bidding and selection process of a contractor for the project, if necessary, shall be subject to prior approval of Agency. 6. [307] Bodily Injury and Property Damage Insurance Participant shall defend, assume all DAB/ses/Obershaw.agr 7 June 14, 1991 o o o o o 1 responsibility for and hold the Agency, the City, and their 2 respective officers, agents and employees, harmless from, all 3 claims or suits for, and damages to, property and in~~ries to 4 persons, including accidental death (including attorneys fees and 5 costs), which may be caused by any of Participant's activities 6 under this Agreement, whether such activities or performance 7 thereof be by the Participant or anyone directly or indirectly 8 employed or contracted with by Participant and whether such damage 9 shall accrue or be discovered before or after termination of this 10 Agreement. Participant shall take out and maintain a 11 comprehensive liability and property damage policy in the amount 12 of One Million Dollars ($1,000,000) combined single limit policy, 13 including contractual public liability, as shall protect 14 Participant, City and Agency from claims for such damages until 15 two (2) years after the issuance of a Certificate of Completion 16 for all of the Participant Improvements. 17 Participant shall furnish a certificate of 18 insurance countersigned by an authorized agent of the insurance 19 carrier on a form of the insurance carrier setting forth the 20 general provisions of the insurance coverage. This countersigned 21 certificate shall name the City and Agency and their respective 22 officers, agents, and employees as additional insureds under the 23 pOlicy. The certificate by the insurance carrier shall contain a 24 statement of obligation on the part of the carrier to notify City 25 and the Agency of any material change, cancellation or terminatiOIl 26 of the coverage at least thirty (30) days in advance of the 27 effective date of any such material change, cancellation or 28 termination. Coverage provided hereunder by Participant shall be DAB/ses/Obershaw.agr 8 June 14, 1991 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 primary insurance and not contributing with any insurance maintained by Agency or City, and the policy shall contain such an endorsement. The insurance policy or the certificate of .i!,surance shall contain a waiver of subrogation for the benefit of the City and Agency. Participant shall furnish or cause to be furnished to Agency evidence satisfactory to Agency that any contractor with whom it has contracted for the performance of work on the Site or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law. 7. [308] City and Other Governmental Agency Permits Before commencement of the Participant Improvements or other construction, remodeling or development of any buildings, structures or other works of improvement upon the Site, Participant shall, at its own expense, secure or cause to be secured any and all permits which may be required by the City or any other governmental agency affected by such construction, remodeling, development or work. 8. [309] Rights of Access For the purpose of assuring compliance with this Agreement, representatives of Agency and the City shall have the right of access to the Site, without charges or fees, at normal work hours during the periOd of construction or remodeling for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing the improvements, so long as they comply with all safety rules. Such representatives of Agency or of the City shall be those who are so DAB/ses/Obershaw.agr 9 June 14, 1991 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 identified in writing by the Executive Director of Agency. Agency shall hold the Participant harmless from any bodily injury or related damages arising out of the activities of Agency,and the City as referred to in this Section 309 and resulting from the gross negligence or willful misconduct of the City or Agency. This Section 309 shall not be deamed to diminish or 11mi t any rights which the City or Agency may have by operation of law irrespective of this Agreement. 9. [310] Local. State and Federal Laws Participant shall carry out the construction or remodeling of any Participant Improvements and all related activities on the Site in conformity with all applicable laws, including all applicable federal and state labor standards: prOVided, however, participant and its contractors, successors, assigns, transferees, and lessees are not waiving their rights to contest any such laws, rules or standards. Participant and its contractors and sub-contractors shall pay prevailing wages to all employees on the project. 10. [311] Antidiscrimination During Construction or Remodeling Participant, for itself and successors and assigns, agrees that in the construction or remodeling of any improvements provided for in this Agreement, Participant shall not discriminate against any employee or applicant for employment because of race, COlor, creed, religion, age, sex, marital status, handicap, national origin or ancestry. B. [312] Taxes. Assessments. Encumbrances and Liens Prior to issuance of a Certificate of Completion with DAB/ses/Obershaw.agr 10 June 14, 1991 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 respect to all of the Participant Improvements pursuant to this Agreement, Participant shall not place or allow to be placed on the Site or any part thereof any mortgage, trust deed, e~c1Jlllbrance or lien other than as expressly allowed by thi8 Agreement or specifically approved by Agency, which approval shall not be unreasonably withheld. Participant shall remove or have removed any levy or attachment made on any of the Site or any part thereof, or assure the satisfaction thereof within a reasonable time but in any event prior to a sale thereunder. C. [313] Prohibition Against Transfer of the Site, the Buildings or Structures thereon and A8Siqnment of A!lreement Prior to the issuance by the Agency of a Certificate of Completion as to any building or structure, Participant shall not, except as permitted by this Agreement, without the prior written approval of Agency, make any total or partial sale, transfer, conveyance, assignment or lease of the whole or any part of the Site or of the buildings or structures on the Site. This prohibition shall not be deemed to prevent a transfer expressly permitted pursuant to Section 107 of this Agreement, or the granting of temporary or. permanent easements or permits to facilitate the development of the Site. D. [314] Long-term loan; Lease; Grant 1. [315] Long-term loan; Lease Agency shall use its best' efforts to arrange long- term, purchase money mortgage financing for Participant's purchase of Site with terms comparable to those being sought for the refinancing of other automobile dealerships in the Auto Plaza. III DAB/ses/Ober8haw.agr 11 June 14, 1991 o o o o o 1 Pending the finalization of such. financing Participant may Lease 2 Site. 3 2. [316] Lease _ . 4 Agency and Participant acknoWledge that certain 5 property located at 1139 North "B" Street is owned by Charles and 6 Shelley Obershaw. Upon relocation Participant shall enter into a 7 Lease Agreement substantially in the form of Bxhibit 6 attached 8 hereto. The term of said lease shall be for two (2) years at the 9 monthly rental of SBVEN-THOUSAND-FIVB-HUNDRBD-DOLLARS ($7,500.00) 10 for a total amount not to exceed ONB-HUNDRBD-BIGHTY-THOUSAND_ 11 DOLLARS ($180,000.00), to be received by the tenth day of each 12 month or a late charge of lOt will be applied. Agency may utilize 13 said property itself or may sublease said property. Should the 14 property be sold or leased said lease shall terminate upon thirty 15 (30) days written notice to Agency, and thereafter be of no 16 further force and effect. 17 3. [317] Grant 18 The parties understand and agree that pursuant to 19 Toyota requirements, in order for Participant to be allowed to 20 locate at the Site, Inland Empire Toyota of Colton must itself 21 relocate due to its proximity to the Site. In order to compensate 22 Inland Empire Toyota for the loss of a portion of its service area 23 and to assist in its relocation, Agency agrees to pay Inland 24 Empire Toyota a monthly payment of TBN-THOUSAND-DOLLARS 25 ($10,000.00) for thirty-five (35) months for a total of not to 26 exceed THREB-HUNDRBD-FIFTY-THOUSAND-DOLLARS ($350,000.00). Such 27 payments shall begin on the first of the month following issuance 28 of a Certificate of Occupancy to Participant. In the event that DAB/ses/Obershaw.agr 12 June 14, 1991 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 City fails to make any payment to Inland Empire Toyota in a timely manner and Participant is compelled to make such payment, Participant shall be entitled to reimbursement from Age~~ and to an additional sum of 20t or $2,000 when seven days or more late, following 72 hours written notice, for each late payment as compensation for the time and expense of making such payment and for damage to reputation with Inland Empire Toyota and Toyota USA. Such payment shall constitute liquidated damages. The parties hereto agree to these liquidated damages because it is impossible to fix the precise amount of damages that will accrue to Participant in the event Agency fails to make the payments when due. The parties agree that the sum of 20t or $2,000 for each missed payment is fair and reasonable approximation of the damage that will be sustained by Participant. E. [318] Right of Agency to Satisfy other Liens on the Site Prior to the completion of construction or remodeling of the Participant Improvements, and after Participant has had written notice and has failed after a reasonable time, but in any event not less than fifteen (15) days, to challenge, cure, adequately bond against, or satisfy any liens or encumbrances on the Site which are not otherwise permitted under this Agreement, Agency shall have the right but no obligation to satisfy any such liens or encumbrances and to make the cost thereof a lien against the Site. F. [319] Certificate of Completion Promptly after completion of remodeling of all Participant Improvements in conformity with this Agreement, Agency DAB/ses/Obershaw.agr 13 June 14, 1991 o o o o o 1 shall furnish Participant with a Certificate of Completion 2 (Attachment No.5) upon written request therefor by Participant. S Agency shall not unreasonably withhold any such Certi~~cate of 4 Completion. The Executive Director may execute such Certificate 5 of Completion on behalf of Agency. Such Certificate of COmpletion 6 shall be a conclusive determination of satisfactory completion of 7 the construction or remodel required by this Agreement upon the 8 Site and the Certificate of COmpletion shall so state. Agency may 9 also furnish Participant with a Certificate of Completion for 10 portions of the improvements upon the Site as they are properly 11 completed and ready to use if Participant is not in default under 12 this Agreement. After recordation of such Certificate of IS Completion, any party then owning or thereafter purchasing, 14 leasing or otherwise acquiring any interest in the Site or the 15 Participant Xmprovements shall not (because of such ownership, 16 purchase, lease or acquisition), incur any obligation or liability 17 under this Agreement except that such party shall be bound by any 18 covenants contained in the documents establishing covenants on the 19 Si te in accordance with the provisions of Section 401 of this 20 Agreement which shall be applicable according to its terms. 21 Xf the Agency refuses or fails to furnish a Certificate 22 of Completion for the Site, or part thereof, after written request 23 from Participant, the Agency shall, within thirty (30) days of 24 wri tten request therefor, provide Participant with a written 25 statement of the reasons Agency refused or failed to furnish a 26 Certificate of COmpletion. The statement' shall also contain 27 Agency's opinion of the actions that Participant must take to 28 obtain a Certificate of Completion. Xf the reason for such DAB/ses/Obershaw.agr 14 June 14, 1991 o o o o o 1 refusal 1.s confined to the illllllediate availab1.lity of specific 2 items of materials for landscaping, Agency will issue its 3 Certificate of COmpletion upon the posting of a bo~d. by the 4 Participant with Agency 1.n an amount representing the value of the 5 work not yet completed. If Agency shall have fa1.led to provide 6 such written statement wi th1.n sdd th1.rty ( 30 ) day period, 7 Participant shall be deemed entitled to the Certif1.cate of 8 Completion, and Participant's obligation shall be deemed to be 9 satisfied. 10 Such Cert1.ficate of COmplet1.on shall not constitute 11 evidence of compliance with or sat1.sfact1.on of any obligation of 12 the Participant to any holder of any mortgage, or any 1.nsurer of 13 a mortgage secur1.ng money loaned to f1.nance the Participant 14 Improvements, or any part thereof. Such Certificate of Completion 15 1.s not a notice of completion as referred to in the California 16 Civil Code, Section 3093. 17 G. [320] Condit1.ons, Covenants and Restrictions 18 Prior to the 1.ssuance of the Cert1.ficate of Completion 19 Participant shall prepare, and following approval by Agency shall 20 record conditions, covenants and restr1.ctions affecting the Site 21 which shall, among other things, contain the nondiscrimination 22 provisions of Section 401. 23 H. [321] Need for dealership 24 Participant or successor agrees and covenants: (i) to 25 operate on the Site or within the C1.ty of San Bernardino a Toyota 26 automob1.le dealership with a complete l1.ne of Toyota automobile 27 products and models typical of high-VOlume Toyota dealers 28 authorized by Toyota Motor Sales, USA, INC. principally devoted to DAB/ses/Obershaw.agr 15 June 14, 1991 o o o o o 1 the sale of new automobiles for a period of twenty (20) years 2 commencing with the occupancy of the site; and (ii) to refrain 3 from taking any action during such twenty (20) year pex:ipd which 4 may result in the loss to the City of San Bernardino of a high- 5 volume line of automobiles sold by Participant. The above 6 covenants are conditioned upon being able to obtain from Agency 7 and the City of San Bernardino all approvals and permits to 8 maintain a modern facility utilizing "state of the art" marketing, 9 service and display facilities, providing that any and all city 10 codes are met. 11 III. [400] USE OF THE SITE 12 A. [401] ~ 13 The Participant covenants and warrants that Participant 14 shall develop, remodel or operate improvements on the Site in 15 accordance with the Scope of Development (AttaChment NO.4). 16 Participant covenants to develop and operate the Site (or cause it 17 to be operated) in conformity with all applicable laws. 18 Participant covenants by and for itself and any 19 successors in interest that there shall be no discrimination 20 against or segregation of any person or group of persons on 21 account of race, color, creed, religion, sex, marital status, age, 22 handicap, national origin or ancestry in the sale, lease, 23 sublease, transfer, use, occupancy, tenure or enjoyment of the 24 Site, nor shall Participant itself or any person claiming under or 25 through it establish or permit any such practice or practices of 26 discrimination or segregation with reference to the selection, 27 location, number, use or occupancy of tenants, lessees, 28 subtenants, sub1essees or vendees of the Site. The foregoing DAB/ses/Obershaw.agr 16 June 14, 1991 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 covenants shall run with the land. Participant shall refrain from restricting the rental, sale or lease of the Site on the basis of race, colo~1 creed, religion, sex, marital status, handicap, national origin or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or non-segregation clauses: 1. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through th_, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, cOlor, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and DAB/ses/Obershaw.agr 17 June 14, 1991 o o , 10 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 accepted upon and subject to the fOllowing conditions: "There shall be no discrimination against or segregation of any person or group of p!!!1;sons on account of race, color, creed, religion, sex, marital status, handicap, age, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permi t any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the- premises herein leased." 3. In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person Claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises." /11 DAB/ses/Obershaw.agr 18 June 14, 1991 o o o o o 1 B. [402] Maintenance of the Site 2 Participant shall maintain the Participant :Improvements 3 and all other improvements on the Site and shall keep th~. J'roperty 4 free from any accumulation of debris or waste materials. 5 Participant further agrees to maintain the Site in a 6 neat and attractive manner until construction or remodeling of the 7 improvements described in this Agreement is complete so as not to, 8 in the reasonable determination of an appropriate officer of t~e 9 City, be a pUblic nuisance, or be detrimental to the health, 10 safety and welfare, or impair value of property within one 11 thousand (1,000) feet of the Site, and agrees that in the event 12 Participant fails to do so, Agency may enter upon the Site for the 13 purposes of performing necessary and desirable maintenance, that 14 Participant will be responsible for the cost of any such 15 maintenance undertaken by Agency, which shall be paid within 16 thirty (30) days after receipt by Participant of written demand 17 therefor. Participant agrees to prepare and record COvenants, 18 COnditions and Restrictions approved by Agency, consistent with 19 this Section 402 including the maintenance responsibilities 20 . outlined in this Agreement which may not be amended nor revoked 21 without the approval of Agency. 22 Participant shall also maintain the landscaping 23 required to be planted under the Scope of Development (Attachment 24 NO.4) in a healthy condition. :If, at any time, Participant fails 25 to maintain said landscaping, and said condition is not corrected 26 after expiration of thirty (30) days from date of written notice 27 from Agency, Agency may perform the necessary landscape 28 maintenance and Participant shall pay such costs as are reasonably DAB/ses/Obershaw.agr 19 June 14, 1991 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 incurred for such maintenance. Failure to pay the costs incurred pursuant to this Section 402 wi thin thirty (30) days shall permit Agency to place a lien on the property. Issuance of a Certificate of Completion by Agency shall not affect Participant's obligations under this Section. C. [403] Riohts of Access Agency, for itself and for the City and other public agencies, at their sole risk and expense, reserves the right to enter the Site or any part thereof at all reasonable times for the purpose of construction, reconstruction, maintenance, repair or service of any publiC improvements or pUblic facilities located on the Site. Any such entry shall be made only after reasonable notice to Participant, and Agency shall indemnify and hold Participant harmless from any costs, claims, damages or liabilities pertaining to any entry. This Section 403 shall not be deemed to diminish or 11m! t any rights which the City or Agency may have by operation of law irrespective of this Agreement. D. [404] Effect of Violation of the Terms and Provisions of this Aoreement After Completion of Construction The covenants established in this Agx:eement and the deeds shall, without regard to technical classification and designation, be binding for the benefit and in favor of Agency, its successors and assigns, as to those covenants which are for its benefit. The covenants contained in this Agreement shall remain in effect until the termination date of the Redevelopment Plan. The covenants against racial discrimination shall remain in perpetuity. III DAB/ses/Obershaw.agr 20 June 14, 1991 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 Agency is deemed the beneficiary of the terms and provisio~s of this Agreement and of the covenants running with the land, for and in its own rights and for the purposes of ~rDtecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. The Agreement and the covenants shall run in favor of Agency, without regard to whether Agency has been, remains or is an owner of any land or interest therein in the Site or in the adjacent Project Area. Agency shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. V. [500] GENERAL PROVISIONS A. [501] Notices, Demands and Communications Between the Parties Written notices, demands and communications between Agency and Participant shall be sufficiently given if delivered by hand (and a receipt therefor is obtained or is refused to be given) or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of Agency and Participant. Such written notices, demands and communications may be sent in the S8me manner to such other addresses as such party may from time to time designate by mail as provided in this Section 501. III DAB/ses/Obershaw.agr 21 June 14, 1991 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 Any written notice, demand or communication shall be deemed received immediately if delivered by hand and shall be deemed received on the tenth day from the date it is postmarked if delivered by registered or certified mail. B. [502] Conflicts of Interest; Non1iabi1ity No member, official or employee of Agency shall have any personal interest, direct or indirect, in this Agreement. No member, official or employee shall participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. No member, official or employee of Agency shall be personally liable to Participant, or any successor in interest, in the event of any default or breach by Agency or Participant, or for any amount which may become due to Participant or its successor or on any obligations under the terms of this Agreement. Participant represents and warrants that it has not paid or given, and shall not payor give, any third party any money or other consideration for obtaining this Agreement. c. [503] Enforced Delay; Extension of Times of Performance In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in defau1 t, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to: war; insurrection; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; freight embargoes; governmental restrictions or priority; litigation; unusually severe weather; DAB/ses/Obershaw.agr 22 June 14, 1991 o o o o o 1 acts or omissions of another party: acts or failures to act of the 2 City of San BernareSino or any other public or governmental agency 3 or entity (other than the acts or failures to act of Agency which 4 shall not excuse performance by Agency): or any other causes 5 beyond the control or without the fault of the party claiming an 6 extension of time to perform. Notwithstanding anything to the 7 contrary in this Agreement, an extension of time for any auch 8 cause shall be for the period of the enforced delay and shall 9 commence to run from the time of the commencement of the cause, if 10 notice by the party claiming such extension is sant to the other 11 party within thirty (30) days of the commencement of the cause. 12 Times of performance under this Agreement may also be extanded in 13 writing by the mutual agreement of Agency and Participant. 14 Except as otherwise provided in this Agreement, 15 Participant is not entitled pursuant to this Section 503 to an 16 extension of time to perform because of past, present, or future 17 difficul ty in obtaining sui table temporary or permanent financing 18 for the development of the Site. 19 D. [504] Inspection of Books and Records 20 Upon a suspected default, with notice pursuant to 5601 21 of at least 48 hours, Agency has the right at all reasonable times 22 to inspect the books and records of Participant pertaining to the 23 Site as pertinent to the purposes of this Agreement. Participant 24 has the right at all reasonable times to inspect the public 25 records of Agency pertaining to the Property as pertinent to the 26 purposes of the Agreement. 27 III 28 III DAB/ses/Obershaw.agr 23 June 14, 1991 o o o o o o o o o o 1 2. [604] Applicable Law 2 The laws of the state of California shall govern 3 the interpretation and enforcement of this Agreement. 4 3. [605] Acceptance of Service of Process 5 In the event that any legal action is conunenced by 6 Participant against Agency, service of process on Agency shall be 7 made by personal service upon the Executive Director or in such 8 other manner as may be provided by law. 9 In the event that any legal action is conunenced by 10 any party against Participant, service of process on such party 11 shall be made by personal service upon Participant or in such 12 other manner as may be provided by law, and shall be valid whether 13 made within or without the State of California. 14 C. [606] Rights and Remedies are Cumulative 15 Except as otherwise expressly stated in this Agreement, 16 the rights and remedies of the parties are cumulative, and the 17 exercise by any party of one or more of such rights or remedies 18 shall not preClude the exercise by it, at the seme or different 19 times, of any other rights or remedies for the seme default or any 20 other default by any other party. 21 D. [607] Inaction Not a Waiver of Default 22 Any failures or delays by any party in asserting any of 23 its rights and remedies as to any default shall not operate as a 24 waiver of any default or of any such rights or remedies, or 25 deprive any party of its right to institute and maintain any 26 actions or proceedings which it may deem necessary to protect, 27 assert or enforce any such rights or remedies. 28 III DAB/ses/Obershaw.agr 25 June 14, 1991 o o o o o 1 E. [608] Remedies and Rights of Termination 2 1. [609] Damages 3 If either Participant or Agency defa1:l.l:ts with 4 regard to any of the provisions of this Agreement, the non- 5 defaulting party shall serve written notice of such default upon 6 the defaulting party. If the default is not cured by the 7 defau1 ting party wi thin thirty (30) days after service of the 8 notice of default, the defaulting party shall be liable to the 9 other for any damages caused by such default. For the Agency 10 damages shall include, but shall not be limited to, the Agency's 11 investment pursuant to this Agreement, anyon-going financial 12 responsibility of Agency pursuant to 5317 and any sales tax that 13 the City would have received for the remainder of the commitment 14 term outlined in 5321. For the purposes of damages, sales tax 15 shall be estimated based on an average of the three (3) highest 16 grossing years of Participant on the Site or at a subsequent 17 location within the City of San Bernardino. 18 2. [610] Action for Specific Performance 19 If either Participant or Agency defaults under any 20 of the provisions of this Agreement prior to the recordation of a 21 Certificate of Completion for the Participant Improvements to be 22 made thereon, the non-defaulting party shall serve written notice 23 of such default upon the defaulting party. If the default is not 24 commenced to be cured by the defaulting party within thirty (30) 25 days after service of the notice of default, the non-defaulting 26 party at its option may institute an action for specific 27 performance of the terms of this Agreement. 28 /II DAB/ses/Obershaw.agr 26 June 14, 1991 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 VII. [700] SPECIAL PROVISIONS A. [701] Submission of DocUlllents to Agency for Approval. Whenever this Agreement requires Participant to submit plans, drawings or other docUlllents to Agency for approval, which shall be deemed approved if not acted on by Agency within the specified time, said plans, drawings or other docUlllents shall be accompanied by a letter stating that they are being submitted and will be deemed approved unless rej.ected by Agency wi thin the stated time. If there is not a time specified herein for such Agency action, Participant may submit a letter requiring Agency approval or rejection of docUlllents within thirty (30) days after submission to Agency or such docUlllents shall be deemed approved. B. [702] Successors In Interest The terms, covenants, conditions and restrictions of this Agreement shall extend to and shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Participant. Upon the termination of the restrictions imposed by Section 107 of this Agreement, which terminate upon the issuance by Agency of a Certificate of Completion with respect to all of the Participant Improvements pursuant to this Agreement, all of the terms, covenants, conditions and restrictions of this Agreement which do not terminate upon the issuance of such Certificate of Completion shall be deemed to be, and shall, constitute terms, covenants, conditions and restrictions running with the land. III DAB/ses/Obershaw.agr 27 June 14, 1991 o o o o o 1 VIII. [800] ENTIRE AGREEMENT, WAIVERS 2 This Agreement is executed in two (2) duplicate originals, 3 each of which is deemed to be an original. This :A~eement 4 includes pages 1 through 30 and Attachments 1 through 6, which 5 constitute the entire understanding and agreement of the parties. 6 No private entity shall be deemed to be a third party 7 beneficiary with respect to any provisions of this Agreement. 8 This Agreemant integrates all of the terms and conditions 9 mentioned herein or incidental hereto, and supersedes all 10 negotiations or previous agreements among the parties or their 11 predecessors in interest with respect to all or any part of the 12 subject matter hereof. 13 All waivers of the provisions of this Agreement must be in 14 writing by the appropriate authorities of Agency and Participant, 15 and all amendments hereto must be in writing by the appropriate 16 authorities of Agency and Participant. 17 Each individual signing below represents and warrants that 18 he has the authority to execute this Agreement on behalf of and 19 bind the party he purports to represent. 20 IX. [900] TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY 21 This Agreement, when executed by Participant and delivered 22 to Agency, must be authorized, executed and delivered by Agency on 23 or before thirty (30) days after signing and delivery of this 24 Agreement by Participant or this Agreement shall be void, except 25 to the extent that Participant shall consent in writing to a 26 further extension of time for the authorization, execution and 27 delivery of this Agreement. The date of this Agreement shall be 28 the date when it shall have been signed by the Agency as evidenced DAB/ses/Obershaw.agr 28 June 14, 1991 o o o o o 1 by the date first above shown. 2 IN WITNESS WHEREOF, Agency, and Participant have executed this Agre_ent on the day and date first above shown. 3 4 5 6 7 8 9 10 11 APPROVED AS TO FORM 12 AND LEGAL CONTENT: 13 /A"'M~~'''OI~ 12. j 14 ~~~/ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 --. "Agency" REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: Executive Director APPROVED AS TO PROGRAM: By: Redevelopment Manager "Participant" INC. , By: I DAB/ses/Obershaw.agr 29 June 14, 1991 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 STATE OF CALIFORNIA ) . )ss. COUNTY OF SAN BERNARDINO ) o On this day of , in the year , before me, the undersigned, a Notary Public in and for the State of California, personally appeared Timothy C. Steinhaus personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as the Executive Director of the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO and acknowledged to me said Agency executed it. Signature of Notary Public (SEAL) DAB/ses/Obershaw.agr June 14, 1991 o o 0 1 STATE OF CALIFORNIA ) )ss. 2 COUNTY OF SAN BERNARDINO ) 3 .' - 4 On JUl_'} 18, 1991 , before me, the undersigned, a Notary Public i~ and for said State, personally 5 appeared c.HRR.I.E~ 2:> ~JJI,) ~t'.UR;pliD R 6J"4'1iA/(;,~ , personally known to me or proved. to me on the basis of 6 satisfactory evidence to be the person~ who executed the wi thin instrument as the President and the L ~otE.rA ~ of 7 the corporation that executed the within ins nt, and acknowledged to me that such corporation executed the same. 8 WITNESS my hand and official seal. 9 comel"" llAL) ~lnA t:~ ~1NA ) TERESA E. HOOYER 10 JIOTaIY NIUe. CAUFOIIIIA UII II"'..... COU.n' '1Iy Comm. _f:x!,-lulIo 7. 11194 11 (SEAL) 12 13 0 14 15 16 17 18 19 20 21 22 23 24 25 26 0 27 28 DAB/ses/Obershaw.agr June 14, 1991 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 DAB/ses/Obershaw.agr o ATTACHMENT NO. 1 June 14, 1991 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 ATTACHMENT NO. 2 Parcel 4 of Parcel Map No. 9713 as per pla1: recorc!ec! in Book 106 of Maps, pages 91-93, Official Recorc!8 of San Bernarc!1no Coun'ty. DAB/ses/Obershaw.agr June 14, 1991 o 1 2 3 " 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 2. 3. 4. 5. o o ATTACHMENT NO. 3 1. SCHEDULB OF PBRFORMANCB Bxecution of Agreement by Agency. Agency shall approve and execute this Agreement, and shall deliver one (1) copy the reo f t 0 Participant. Clear Title or Lease. Participant shall obtain clear title or enter into a long term lease to Site. Obtain Design Review ApProval. Agency and City approve Design COncept Drawings where required. (sufficient time should be allowed for possible initial denial by either Agency or City). Obtain Bidding and Selection of Contractor Process Approval. Agency approves process for bidding and selection of contractor as required by Section 306. Submit Completed construction Plans. Participant will submit completed construction or remodeling and all other plans and documents required by Section 304. DAB/ses/Obershaw.agr Page 1 of 2 Not later than thi!'=tY (30) days after the ..date of execution and submission of two (2) copies of this Agreement to Agency by Participant. Not later than two (2) years after the date of this Agreement. Not later than one-hundred twenty (120) days after the effective date of this Agreement. Not later than one hundred fifty (150) days after the effective date of this Agreement. Not later than two hundred forty (240) days after the effective date of this Agreement. June 14, 1991 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 0' o 6. 7. o Obtain plan check approval, obtain building permits and cODllllance construction or remodeling, Participant shall obtain necessary plan check approval, obtain all building permits and begin construction or remodeling. ComPlete Construction. Participant shall complete conatruction or remodeling, move onto Site and obtain a Certificate of Completion. DAB/ses/Obershaw.agr Page 2 of 2 o Not later than three hundred thirty (330) days after the effective date of this Agreement. .' . Not later than seven hundred twenty (720) days from the effective date of this Agreement. June 14, 1991 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 ATTACHMENT NO. 4 SCOPB OF DEVELOPMENT I. GENERAL DBSCRIPTION The Site is specifically delineated on the Site Map (Attachment No.1) and the Legal Description (AttaChment No.2) pursuant to. Seotion. 103 of this Agreement. II. DEVELOPMENT Partioipant shall develop and maintain the Site with sufficient. buildings and other improvements for a Toyota automobile dealership. Such development shall include curbs, gutters, sidewalks and faoilities for underground electrical power, water, sewer, telephorie, cable 'rV, natural gas and such other utilities where required by the City Engineer. Participant shall complete all of the improvements set forth in this Scope of Development (AttaChment No.4) to be constructed in one phase. All of the improvements to be provided by the Participant on the Site oonstitute the "Basic Partioipant Improvements." The Basio Participant Improvements and all those off-site improvements, which are required in conneotion.with this development (if any), and which are required to be provided by the Participant (the "Off-Site Improvements") tOgether constitute the "Participant Improvements". The Partioipant shall oommence and complete the Participant Improvements by the respective times established therefor in the Schedule of Performance (Attachment No.3). Upon approval by City and Agency, existing improvemants may be deemed to meet the requiremants of this proviSion. III. DEVELOPMENT STANDARDS The Partioipant Improvements shall be developed and maintained in accordance with City specifications and requiremants of the City Engineer and the following development standards. A. Landscaping. The Participant shall provide and maintain landscaping wi thin the public rights-of-way and the proposed public rightS-Of-way and within setback area along all street frontages and conforming with the Design Concept Drawings as approved by Agency. Landsoaping shall consist of trees, shrubs and installation of an automatic irrigation system adequate to maintain such plant material. The type and size of trees to be planted, together . with a landscaping plan, shall be subject to approVal by the City's Planning Department prior to planting. Page 1 of 2 DAB/ses/Obershaw.agr June 14, 1991 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 Upon approval by City and Agency existing landscaping may be deemed to meet the requirements of this provision. B. Utilities. Sewer, drainage and utility lines, conduits or systems shall not be .constructed or maintain.d above .1;~e ground level of the Site unless such installations are within approved enclos.d structures, and shall conform to requirements of .the City of San Bernardino or other applicable governmental or private agency having jurisdiction ot the work. If required to be installed, storm drainage for all hard surfaced areas shall be drain.d or may be she.t flow.d to storm sewers. No drainage shall flow across public sid.walks. All non polluted wast. water, such as wast. air conditioning water, shall be drain.d to the storm or sanitary drainage systems as permi tt.d by local cod.s. IV. DEMOLITION AND SOILS Participant assum.s all r.sponsibili ty for surfac. and subsurfac. conditions at the Sit., and th. suitability of the Site for the Participant Improvements. If the surfac. and lIubsurface conditions are not entir.ly suitable for .uch developnent and use, Participant shall at its cost take all actions necessary to r.nder the Sit. entirelY sui table for such developnent. Participant has undertaken all investigation of th. Sit. it has d.....d nec.ssary and has not r.c.ive.d or r.li.d upon any representations of Ag.ncy, the City, or their respective officers, agents and emp1oye.s. Participant shall undertake at its cost aU: deaoli tion required in connection with the developnent of Participant Improvements. Page 2 of 2 DAB/ses/Obershaw.agr June 14, 1991 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 ATTACHMENT NO. 5 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ) ) ) ) ) ) ) ) lspace above for Recorder.j CERTIFICATE OF COMPLETION FOR CONSTRUCTION AND DEVELOPMENT WHEREAS, pursuant to that certain OWner's Participation Agreement entered into between the Agency, and Imperial Imports, Inc., doing business as Chuck Obershaw Toyota, ( "Participant") dated as of ("OPA"), relating to that certain real property described on Exhibit I, attached hereto and incorporated herein, the Participant is entitled to the issuance of a Certificate of Completion upon the completion of those improvements required by the OPA to be developed by the Participant (the "Participant Improvements"); and WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the construction required by the OPA; and WHEREAS, the. Agency has conclusively determined that the construction on the above described real property required by the OPA has been satisfactorily completed; 1/1 /II /II /II /II /II /II /II /II Page I of 4 DAB/ses/Obershaw.agr June 14, 1991 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 NOW THEREFORE, 1.. The Agency does hereby certify that the construction or remodeling of the Participant Improvements has been fully and satisfactorily performed and completed. . _ 2. Nothing contained in this instrument shall modify in any other way other provisions of the OPA. All executory obligations of the Participant pursuant to the OPA shall remain in full force and effect. IN WITNESS WHEREOF, the Agency has executed this certificate this day of , 19_. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: Executive Director III III III III III III III III III III III III III III III III III Page 2 of 4 DAB/ses/Obershaw.agr June 14, 1991 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 Or o STATE O'~FORNIA ) )SS. ) COUNTY O~~ ,BERNARDINO 0! .a.;~ .t)... ~ iJ:1 ~ .' _ ';1t,n~is day of , 19 before me, the under#gne'"4, a Notary Public in and for said State, personally appeared .' , known to me (or prov~,.'!=~'_e on the basis of satisfactory evidence) to be the person who e~.cuted this, instrument as the Executive Director of the aede'!'fl1pent Agency of the City of San Bernardino and acJcnowl~",tcr me that the aedevelopment Agency of the City of San Bernardrncr.executed it. ~'._.JJ Signature of Notary Public (SEAL) t 'g ~ Page 3 of 4 DAfHlfes/Obe~Jl... agr ~. .- June 14, 1991 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 EXHIBIT 1 That certain parcel of land in the City of San B~~ardino, County of San Bernardino, State of California, described as follows: Parcel 4 of Parcel Map No. 9713 as per plat recorded in Book 106 of Maps, pages 91-93, Official Records of San Bernardino County. Page 4 of 4 DAB/ses/Obershaw.agr June 14, 1991 o o o o o 1 AT'l'ACIIMEH'l' NO. 6 2 LEASE AGREEMENT 3 THIS LEASE AGREEMENT, made and entered into this 4 day of , 1991 by and between CHUCK OBERSHAW, an 5 individual ("Lessor") and the REDEVELOPMENT AGENCY OF THE CITY OF 6 SAN BERNARDINO, a Public Agency ("Lessee"): 7 NOW THEREFORE, the parties hereto agree as follows: 8 1. DBSCRI"ION or PREMISES 9 Lessor leases to .Lessee, and Lessee hires from Lessor, 10 as herein provided, a portion of the premises located at 1139 N. 11 "E" Street, San Bernardino, CA, and described more particularly on 12 Exhibit "A" attached hereto and incorporated herein. 13 2. TERM 14 The term of this lease is two years beginning on _ 15 , 1991. Should Lessor sell or otherwise lease the 16 premises herein leased, this lease shall thereby terminate and be 17 of no further force and effect. 18 3. RENT 19 The total rent under this lease is One Hundred Eighty 20 Thousand ($180,000.00). Lessee agrees to pay Lessor such amount 21 in installments of Seven Thousand Five Hundred Dollars ($7,500) 22 each, payable at 765 West Showcase Drive North, San Bernardino, 23 92412, beginning on , 1991, and payable on the 24 First day of each Month thereafter during the term of the lease. 25 4. USE or PREMISES, GENERALLY 26 The premises are leased to be used for automobile and 27 truck service and related uses. Lessee agrees to restrict their 28 use to such purposes, and not to use or permit the use of the DAB/ses/Obershaw.agr 1 June 14, 1991 o o o o o 1 premises for any other purpose without first obtaining the consent 2 in writing of Lessor, or of Lessor's authorized agent. S 5. NO USE THAT :INCREASES :INSURaNCE RJ:SK 4 Lessee shall not use the premises in any manner, even 5 in its use for the purposes for which the premises are leased, 6 that will increase risks covered by insurance on the building 7 where the premises are located, so as to increase the rate of 8 insurance on the premises, or to cause cancellation of any 9 insurance policy covering the building. Lessee further agrees not 10 to keep on the premises, or permJ.t to be kept, used, or sold 11 thereon, anything prohibited by the policy of fire insurance 12 covering the premises. Lessee shall comply, at his own expense, IS with all requirements of insurers necessary to keep in force the 14 fire and publiC liability insurance covering the premises and 15 building relating to Lessee's use of the premises. 16 6. NO WASTE, NU:ISANCE, OR UNLAWFUL USE 17 Lessee shall not commit, or allow to be committed, any 18 waste on the premises, create or allow any nuisance to exist on 19 the premises, causing soil contamination, toxic or hazardous waste 20 to contaminate property or allow ground water to become 21 contaminated or suffer degradation, or use or allow the pramises 22 to be used for any unlawful purpose. 23 7. DELAY:IN DEL:IVER:ING POSSESS:ION 24 This lease shall not be rendered void or voidable by 25 Lessor's inability to deliver possession to Lessee at the 26 beginning of the lease term; nor shall such inability to deliver 27 render Lessor liable to Lessee for loss or damage suffered 28 thereby. If Lessor cannot deliver the premises at such time, the DAB/ses/Obershaw.agr 2 June 14, 1991 o () o o o 1 rent for the period between the beginning of the term and the time 2 when Lessor can deliver possession will be deducted from the total 3 rent of the lease. No extension of the leaae shall result from a 4 delay in delivering possesaion. 5 8. PAYMEN'l' OF U'1'ILI'l'IZS AND 'l'AXES 6 All utilities, except separately contracted for 7 telephone service, and all property taxes shall be deemed included 8 within the rental provided for in Section 3 hereof. 9 9. REPAIRS AND MAINTENANCE 10 Lessor, at his expense, shall maintain and keep the 11 premises, including, without limitation, windows, doors, 12 skylights, adjacent sidewalks, front, roof, exterior and interior 13 walls, in good repair. 14 10. DELIVERY, ACCEPTANCE, AND SURRENDER OF PREMISES 15 Lessor represents that the premises are in fit 16 condition for use for automobile and truck service. Lessee agrees 17 to accept the premises on possession as being in a good state of 18 repair and in sanitary condition. He shall surrender the premises 19 to Lessor at the end of the lease term, if the lease is not 20 renewed, in the same condition as when he took possession,. 21 allowing for reasonable use and wear, and damage by acts of God, 22 including fire and storms. Lessee shall remove all business signs 23 or symbols placed on the pramises by him before redelivery of the 24 premises to Lessor, and shall restore the portion of the premises 25 on which they were placed in the same condition as before their 26 placement. 27 III 28 III DAB/ses/Obershaw.agr 3 June 14, 1991 o o o o o 1 11. PARTXAL DESTRUCTX01f OF PREMXSES 2 Partial destruction of the leased premises shall not 3 render this lease void or voidable, or terminate it ~~cept as 4 herein provided. 5 Xf the premisell are partially destroyed during the term 6 of this lease, Lessor shall repair them, when such repairs can be 7 made in conformity with local, state, and federal laws and 8 regulations, within Thirty (30) days of the partial destruction. 9 Rent for the premises will be reduced proportionally to the extent 10 to which the repair operations interfere with the normal conduct 11 of Lessee's activities on the premises. Xf the repairs cannot be 12 so made within the time limited, Lessor has the option to make 13 them within a reasonable time and continue this lease in effect 14 with proportional rent rebate to Lessee as provided for herein. 15 J:f the repairs cannot be so made in Ninety (90) days, and if 16 Lessor does not elect to make them within a reasonable time, 17 either party hereto has the option to terminate this lease. 18 However, if the building in which the leased premises are located 19 is more than one-third destroyed, Lessor may at his option 20 terminate the lease whether the premises are injured or not. 21 12. LBSSOR 'S ENTRY FOR XNSPBCTXON AND MAXNTBNANCB 22 Lessor reserves the right to enter on the premises at 23 reasonable times to inspect them, to perform required maintenance 24 and repair, or to make additions or alterations to any part of the 25 building in which the premises leased are located, and Lessee 26 agrees to permit Lessor to do so. Lessor may, in connection with 27 such alterations, additions, or repairs, erect scaffolding, 28 fences, and similar structures, post relevant notices, and place DAS/ses/Obershaw. agr 4 June 14, 1991 o o o o o 1 moveable equipment without any obligation to reduce Lessee's rent 2 for the premises during such period, and without incurring 3 liability to Lessee for disturbance of quiet enjoymeI:\'t; of the 4 premises, or loss of occupation thereof. However, any such 5 activities by Lessor which interfere with the use for which the 6 property was leased shall require 72 hours advance written notice. 7 Lessee shall keep the premises free and clear of all 8 liens and encumbrances and shall immediately take whatever steps 9 are necessary to remove any such liens or encumbrances incurred 10 against the property during the lease term, exempt those 11 specifically consented to by Lessor ~ In the event Lessor is 12 required to defend any action to foreclose a mechanic's lien or 13 other lien or encumbrance, Lessor shall be entitled to recover 14 from Lessee all costs of defense including reasonable attorneys 15 fees. 16 13. POSTING "FOR SALB," "FOR LDSB," OR "FOR RDl'l'" SIGNS 17 Lessor reserves the right to place "For Sale", "For 18 Lease" or "For Rent" signs on the premises at anytime during the 19 lease. 20 14. SIGNS, AWNINGS, KARQUBBS, B'l'C. 21 Lessee will not construct or place, or permit to be 22 constructed or placed, signs, awnings, marquees, or other 23 structures projecting from the exterior of the premises without 24 Lessor's written consent thereto. Lessee further agrees to remove 25 signs, displays, advertisements or decorations he has placed, or 26 permi tted to be placed, on the premises which, in Lessor's 27 opinion, are offensive or otherwise Objectionable. If Lessee 28 fails to remove such signs, displays, advertisements, or DAB/ses/Obershaw.agr 5 June 14, 1991 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 decorations within Ten (10) days after receiving written notice from Lessor to remove the same, Lessor reserves the right to enter the premises and remove them, at Lessee's expense. 15. DAMAGES; INDEMNITY Lessor agrees to indemnify and defend Lessee for liability or damage claims for injury to persons, including Lessee and his agents or employees, or for property damage from any cause, related to the condition of the premises, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the leased premises, during the term of this lease or any extension hereof except as resulting from the negligence of Lessee. Lessee hereby agrees to indemnify Lessor against all liability, loss, or other damage claims or obligations because of or arising out of Lessees activities on the premises, including but not limited to any environmental damage or enforcement proceedings brought by any agency for the correction of environmental problems. Said indemnity shall include but not be limited to any damage, liability, injury or enforcement proceeding, arising out of or related in any manner, directly or indirectly to ground water contamination or degradation, soil contamination, toxic or hazardous substances or any other environmental problem, caused by Lessee's negligence. 16. LBSSU'S ASSIGlOIBN'1', SUBLDSE, OR LICENSE POR OCCUPATION BY OTHER PERSONS Lessee agrees not to assign or sublease the leased premises, any part thereof, or any right or privilege connected therewith, or to allow any other person, except Lessee's agents DAB/ses/Obershaw.agr 6 June 14, 1991 - '- /'- '- /r"'" \.... ,- """" --, - 1 and employees, to occupy the premises or any part thereof, without 2 first obtaining Lessor's written consent. Lessor expressly 3 covenants that such consent shall not be unreas~n~bly or 4 arbitrarily refused. One consent by Lessor shall not be a consent 5 to a subsequent assignment, sublease, or occupation by other 6 persons. Lessee's unauthorized assignment, sublease, or license 7 to occupy shall be void, and shall terminate the lease at Lessor's 8 option. Lessee's interest in this lease is not assignable by 9 operation of law, nor is any assignment of his interest herein, 10 without Lessor's written consent. Use by any department of the 11 Ci ty of San Bernardino or by any department of the San Bernardino 12 Economic Development Agency shall not be considered an assignment 13 or sublease for the purposes of this Section. 14 17. LESSOR'S REMEDIES ON LESSEE'S BREaCH 15 If Lessee breaches this lease, Lessor shall have the 16 fOllowing remedies in add! tion to his other rights and remedies in 17 such event: 18 a. Reentry. Lessor may reenter the premises 19 immediately, and remove all Lessee's personnel and property 20 therefrom. Lessor may store the property in a public warehouse or 21 at another place of his choosing at Lessee's expense or to 22 Lessee's account. 23 b. Termination. After reentry, Lessor may terminate 24 the lease on giving Thirty (30) days' written notice of such 25 termination to Lessee. Reentry only, without notice of 26 termination, will not terminate the lease. 27 c. Reletting Premises. After reentering, Lessor may 28 relet the premises or any part thereof, for any term, without DAB/ses/Obershaw.agr 7 June 14, 1991 ....... ..... .~ ,...., """ ....... 1 terminating the lease at such rent and on such terms as he may 2 choose. Lessor may make alterations and repairs to the premises. 3 (1) Liabili ty of Lessee on Reletting., _ Lessee 4 shall be liable to Lessor in addition to his other liability for 5 breach of the lease for all expenses of the reletting, and of the 6 alterations and repairs made, which Lessor may incur. In addition 7 Lessee shall be liable to Lessor for the difference between the 8 rent received by Lessor under the reletting and the rent 9 installments that are due for the same period under this lease. 10 (2) Application of Rent on Reletting. Lessor at 11 his option may apply the rent received from reletting the premises 12 as follows: 13 (a) To reduce Lessee's indebtedness to 14 Lessor under the lease, not including indebtedness for rent: 15 (b) To expenses of the reletting and 16 alterations and repairs made: 17 (c) To rent due under this lease: 18 (d) To payment of future rent under this 19 lease as it becomes due. 20 If the new Lessee does not pay a rent instalment 21 promptly to Lessor, and the rent instalment has been credited in 22 advance of payment to Lessee's indebtedness other than rent, or if 23 rentals from the new Lessee have been otherwise applied by Lessor 24 as provided for herein, and during any rent installment period are 25 less than the rent payable for the corresponding installment 26 period under this lease, Lessee agrees to pay Lessor the 27 deficiency separately for each rent-instalment deficiency period, 28 and before the end of that period. DAB/ses/Obershaw.agr 8 June 14, 1991 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 Lessor may at any time after such reletting terminate the lease for the breach because of which he reentered and relet. Lessor may recover from Lessee on terminating.1:he lease for Lessee's breach all damages proximately resulting from the breach, including the cost of recovering the premises, and the worth of the balance of this lease over the reasonable rental value of the premises for the remainder of the lease term, which sum shall be immediately due Lessor from Lessee. 18. PAYMEH'l' OP ATTORNEYS' PEES If either party files an action to enforce any covenant of this lease, or for breach of any covenant herein, the losing party agrees to pay reasonable attorneys' fees in the action, sucb fees to be fixed by the court. 19. MUlMER OP GIVING NOTICE Notices given pursuant to tbe provisions of tbis lease, or necessary to carry out its provisions, shall be in writing, and delivered personally to tbe person to wbom the notice is to be given, or mailed postage prepaid, addressed to sucb person. Addresses for tbis purpose shall be as follows: To Lessor: Chuck Obershaw Toyota 765 West Sbow Case Dr. North San Bernardino, CA 92412 To Lessee: Redevelopment Agency 201 N. "E" Street San Bernardino, CA 92418 20. EPPEC'r OP WAIVER A party's waiver of breach of one covenant or condition of this lease is not a waiver of breacb of otbers, or of subsequent breacb of tbe one waived. III DAB/ses/Obersbaw.agr 9 June 14, 1991 o o o o o 1 21. LEASE APPLICABLE '1'0 SUCCESSORS 2 This lease and the covenants and conditions hereof 3 apply to and are binding on the heirs, successO:!:'8-, legal 4 representatives, and assigns of the parties. 5 22. TIME OP ESSENCE 6 Time is of the essence of this lease. 7 23. UPEC'l' OF I!:MINB:N'1' DOMAIN PROCEB:DIRCS 8 Eminent domain proceedings resulting in the 9 condemnation of a part of the premises leased herein that leave 10 the rest usable by Lessee for purposes of the business for which 11 the premises are leased will not terminate this lease, unless 12 Lessor at his option terminates it by giving written notice of 13 termination to Lessee. The effect of such condemnation, should 14 such option not be exercised, will be to terminate the lease as to 15 the portion of the premises condemned, and leave it in effect as 16 to the remainder of the premises. Lessee's rental for the 17 remainder of the lease term shall in such case be reduced by the 18 amount that the usefulness of the premises to him for such 19 business purposes is reduced. COmpensation awarded in the eminent 20 domain proceeding as a result of such condemnation shall be 21 divided between the parties based on the relative value of the 22 interest taken. 23 24. OPTION TO RENEW 24 Lessor grants Lessee an option to renew this lease for 25 another term equal to the term hereof at a rental to be agreed 26 upon between the parties , the other terms, covenants, and 27 conditions of the renewal lease to be the same as those herein. 28 To exercise such option Lessee must give Lessor written notice of DAB/ses/Obershaw.agr 10 June 14, 1991 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 LEASE AGRZI:MEN'1'.. . CHUCK OBERSDW "TOYOTA... his intention to do so at least Sixty (60) days before tb1.s lease expires. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the day and date first above shown. "AGENCY" REDEVELOPMENT AGBNCY OF THE CITY OF SAN BERNARDINO APPROVED AS TO PROGRAM: BY: Executive Director BY: Redevelopment Manager Approved as to form and legal content: By: Agency Counsel "PARTICIPANT" IMPERIAL IMPORTS, INC., doing business as CHUCK OB SHAW TOYOTA BY: DAB/ses/Obershaw.agr 11 June 14, 1991 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 o o RESOLUTION NO. RESOLUTION OF '1'HB COMMUNITY DEVELOPMBNT COMMISSION OF TIll CITY OF SAN BIRNARDINO, MAKING FINDINGS AND DBTERMXNATIONS AS TO '1'HB BENEFIT OF ASSISTING. IMPERIAL IMPORTS, INC., DOING BUSINBSS AS CHUCK OBEltSHAW TOYOTA IN RELOCATING TO THE SAN BERNARDINO AUTO PLAZA FOR '1'HB SOUTHEAST INDUSTRIAL PARK REDEVELOPMENT PROJECT ARIA OF THE AGENCY. WHBREAS, the C1'ty of San Bernarc21no, California (the -C1'ty-), is a mun1c1pal corporation and a charter c1'ty duly created and u1sttng P\lZ'8Uant to the Con8t1tut1on and the laws of the State of California; and WHBREAS, the CoIIIIIIun1 'ty Developmant Cru-li aaton of the C1 'ty of San Bernardino (the -n-...tss1on-) on behalf of the Redevelopment Agency of the C1'ty of San Bernardino (the -Agency- ), is a redevelopment agency, a public body, corporate and politic of the State. ..9f California,. .organized and. u1st1ng pursuant to the CoIIIIIIun1'ty Redevelopment Law (Part 1 of Division 24) commencing with 533000) of the Health and Safe'ty Code of the State of CalifOrnia (the -Act-); and WHBRBAS, the Agency may, in furtherance of its redevelopment . purposes, undertake redevelopment projects either within or without redevelopment project areas of the Agency to the extent that it determines that such projects are of benefit to the project areas of the Agency; and WHEREAS, the Agency may encourage and assist the location and relocation of businesses es part of its redevelopment act1v1t1es by grants, loans and 1ncent1ve. located both w1th1n and without the boundar1es of the Southeast Industr1al Park Redevelopment Project Area of the Agency 1f the Agency determines: (1) that such redevelopment act1v1t1e. are of benef1t to the DAB/ses/AutoPlaz.re. 1 June 13, 1991 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 Southeast Industrial Park Project Araa of the Agency or the 1Iuaediate neighborhoods in which the project is located and (2) that no other reasonable meana of financing such red..vjalopment activities 18 available to the COlIlIIIUn1ty; and WHEREAS, it is in the 1ntarests of the City and the Agency that the Agency causes the undertaking of the relocation of Imperial Importa, Inc., doing bua1ness as Chuck Obershaw Toyota to the San B.rnardino Auto Plaza in an area adj acent to the South.ast Industrial Park aedevelopment Project Area to encourage and assure the .ucces. of the other recently located auto dealerahips in the .' ",. ." . . " '. '. Auto Plaza which are both within and without the proj.ct Area and to retain .uch bu.in..... for the City of San Bernardino; and WHEREAS, the undertaking of the above not.d red.v.lopment activities will promote the d.velopmant of the Southeast Indu.trial Park Project Area within the City to the aztent that it will make such project area more de.irable for indu.trial, COIIIIIIercial and/or residential development which in turn will a..ist in the elimination of blight within .uch area; and WHEREAS, in order to promote the City's h.alth, .afety and welfare and ensure the orderly developmant of the Agency' 8 South.a.t Indu.trial Park Project Area, it 1. important that the above noted redevelopment Activ1tie. be financed by the Agency~ and WHEREAS, it ia appropriate at thi. time for the CO"llll1saion to make certain finding. end determinations and take certain action with r.spect to the financing of the above noted redevelopment activ1t1e., /11 DAB/.e./AutoP1az.re. 2 Jun. 13, 1991 o " o o o 1 NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY 2 DEVELOPMENT COMMISSION OP THE CITY OP SAN BBJtNA1mINO AS FOLLOWS: 3 SECTION 1. The a.ci tal. her.inabov. are true and: correct 4 and are incorporat.d herein by thi. r.f.rence. S SECTION 2. The ,........i..ion con.ents to the pa:l/Dl.nt by the 6 Ag.ncy of the co.t. of the abov. not.d red.velopm.nt activiti.s in 7 ord.r to impluent the Southeast Industriel Park aeeSev.lopment 8 Project Plan of the Agency for the r.asons ..t forth in th. 9 aecital. h.reinabov.. The ('-...j..ion furthar find. and determine. 10 that no oth.r rea.onabl. ...ana of financing the saieS r.eSeve10pment 11 activiti.. i. pr..ently availab1. to the City or the Agency and 12 that the City and the Agency r.QUire the u.. of revenue. generateeS 13 fZ'Olll the South.a.t Industrial Park a.d.velopment Arlia of the 14 AgenCy in ord.r to fund the .aid r.dev.lopment activiti.s. 15 SECTION 3. Th. undertaking of the noted r.eS.velopment 16 .ctiviti.. will allow the Agency to PZ'OIIIOt. r.eS.velopment within 17 the South.a.t Indu.trial Park a.dev.lopment Proj.ct Ar.a of the 18 Agency by encouraging and ...isting the location and relocation of 19 bu.in..... into the project area which in turn will h.lp stimulate 20 dev.lopm.nt of .uch proj.ct area and the illlllleeSiate neighborhoocS. 21 SECTION 4. The Secretary is hereby authorizeeS aneS eS1recteeS 22 to cau.. thi. aeSolution to be tran8lllitteeS to th. Agency for 23 appropriate action by that bocSy. 24 Section 5. Thi. Resolution shall take effect upon the eSate 25 of it. acSoption. 26 1/1 27 III 28 1/1 DAB/.es/AutoPlaz.re. 3 June 13, 1991 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o o RESOLUTION.. .asSISTING CIIUC:K OBER8IIAW TOYOTa 1M RELOCATING TO 'l'IIE 8U BBIUfaJU)INO AUTO PLaZa... . ." ~ 0" ~ I HEREBY CERTIFY 'tha't 'the :foAgo1ng re.olu't1on wa. duly adop'ted by 'the Commun1'ty Developmen't C-"""lli.a1on o:f 'the C1'ty o:f San Bemard1no a't a ....'ting 'thereo:f, held on 'the day o:f . 1991. by 'the :fOllowing VO'te. 'to n't: -. ~1..1on Member.: AYES - NAYS - ABSTAIN ESTRADA REILLY HERNANDBZ MAUDSLBY MINOR POPB-LUDLAM MILLBR o:f Secre'tary Tbe :foregoing A.OluUon 1. bereby approvad 'tb1a day . 1991. W. R. HolcOIIlb. Cba1Z'1llan ColIumm1 'ty Developman't Commission o:f 'the C1'ty o:f San Bemardino Approved a. 'to :fOZ'lll and legal con'ten't: By: Agency Counsel DAB/se./Au'toPla..res 4 June 13. 1991 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 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OP SAN BERNARDINO, MAKING FINDINGS AND DETEftMINATIONS AS- '1'0 THE BENEFIT OF ASSISTING IMPERIAL IMPORTS, INC., DOING BUSINESS AS CHUCK OBERSHAW 'l'OYOTA IN RELOCATING TO THE SAN BBRNARDINO AUTO PLAZA FOR THE SOUTHEAST INDUSTRIAL PARIC REDBVBLOPMBNT PROJECT AREA OF THE AGENcr. . WHEREAS, the City of San Bernardino, CalifO:m1a (the -City-), is a IIWl1cipal corporation and a charter city dUly created and ez1st1ng punuant to the Conati tution and the law. of the State of CalifO:m1a; and WHEREAS, the ComIIIun1ty Development ComIII1ss1on of the City of San Bernardino (the -~1ss1on-) on behalf of the Redevelopment Agency of the City of San. Bernardino (the -Agency-), 18 a redevelopment agency, a public body, corporate and politic of the State of Cal1fo:m1a, organ1.ed and existing pursuant to the CoIIImun1ty Redevelopment Law (Part 1 of Div1810n 24) COIIIIIIenc1ng with 533000) of the Health and Safety Code of the State of Califo:m1a (the -Act-); and WHEREAS, the Agency may, 10 furtherance of it. redevelopment purpo.es, undertake redevelopment project. either within or' without redevelopment project areas of the Agency to the extent that it determ1ne. that such projects are of ben.f1t to the proj.ct area. of the Agency; and WHEREAS, the Ag.ncy may encourage and a..1st the location and relocation of bu.1n..... 8. part of it. r.development act1v1t1e. by grant., loan. and inc.nt1ve. locat.d both within and without the boundar1e. of the Southea.t Indu.tr1al Park. R.developm.nt Project Ar.a of the Ag.ncy if the Agency determine.: (1) that .uch r.development act1v1t1e. are of benefit to the DAB/.e./AutoPla2.r.. 1 June 18_ lQOl \ 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 Sou1:l1ea.t IneSu.trial Park Proj.ct Area of 1:11. Agency or the 1mm.lUate neighborhoocSa in which the project i. locat.eS aneS (2) 1:I1at no 01:l1.r r.asonable m.an. of financing .uch r.eS.velopment activities is available to 1:11. COlIIIIIunity; ancS WHEREAs, it il!l in 1:11. inter.st. of 1:I1e City and the Agancy 1:I1at the Agancy cau.e. 1:11. uneS.rtaJc:1ng of 1:I1e relocation of Imperial Import., Inc., cSoing bu.ine.. a. Chuck Obershaw Toyota to 1:I1e San S.marlUno Auto Plaza in an ar.a aeSjac.nt to 1:I1e Southeast IneSustrial Park ..eS.velopm.nt Proj.ct Area to .ncourage ancS assure 1:I1e .ucce.. of 1:I1e other recently located auto deal.r.hip. in the Auto Plaza which are both wi1:l1in and without the Project Area aneS to retain .uch bu.ine.... for 1:I1e City of San SamarlUno; aneS . WHEREAs, 1:I1e undertaking of 1:I1e abov. noteeS reeSevelopm.nt activities will promote 1:11. eSevelopment of 1:I1e Southeast IneSu.trial Park Project Area within 1:11. City to the .xtant that it will make such project ar.a more eS..irable for indu.trial, cOllllDercial eneS/or r..idential developmant which in turn will ..sist in 1:11. .liminetion of blight wi1:l1in .uch area; aneS WHEREAs, in oreS.r to promote 1:I1e City'. h.a11:l1, .afety aneS welfare aneS ensure 1:11. oreS.rly eSevelopment of the Agency's Sou1:l1ea.t IncSustrial Park Project Ar.a, it is important that the above noted r.eSevelopmant Activities be financeeS by the Agency; and WHEREAS, it i. appropriate at this time for the Commission to make certain finlUngs and determinatione and take certain action with respect to the financing of 1:I1e above noted redevelopment activities, /II DAB/ses/AutoPla2.re. 2 June 18, 1991 o o o o o 1 NOW, THBUFOU, BB IT USOLVED BY THE MAYOR AND COMMON 2 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 3 SBCTION 1. The Recital. her.inabov. ar. true and- correct 4 aneS ar. incorporat.eS har.in by thi. ref.renc.. 5 SBCTION 2. Th. c......... .sion conaents to the pa:yment by the 8 Ag.ncy of the costs of the above noteeS reeSev.10pment activi tie. in 7 oreSer to 1mp1ament the South.ast IncSu.tria1 Park ReeSevelopment 8 Proj.ct Plan of the Agency for the re..ana ..t forth in the o R.cital. h.reinabov.. Th. c-t..ion furth.r fineS. 8ncS eSetermJ.ne. 10 that no oth.r rea.onabl. ..ans of finencing the .aieS r.eSev.lopment 11 activiti.. i. pr..ently avaUabl. to the City or the Ag.ncy and 12 that the City aneS the Agency r.quire the us. of r.venue. generateeS 13 from the South.a.t IneSu.trial Park ReeS.v.lopment Area of the 14 Agency in oreSer to funeS the .aieS r.eSev.lopment activitie.. J5. . SBCTION 3. The. uneSertak1ng of the noteeS reeSevelopment 18 activitie. will allow the Agency to promote reeSevelopment within 17 the Southeast IneSu.trial Park ReeSevelopment Project Area of the 18 Agency by encouraging aneS a..isting the location aneS r.location of J9 bu.in..... into the project area which in turn will help st1mulate 20 eSevelopment of such .proj.ct area eneS the 1DunecS1ate neighborhood. 21 SECTION 4. The Secr.tary i. hereby authorized and directed 22 to caus. this Resolution to be tren8lll1 tted to the Agency for 23 appropriate action by that body. 24 S.ction 5. Thi. R.solution shall take eff.ct upon the date 25 of it. adoption. 28 1/1 27 III 28 III DAB/.../AutoP1a2.res 3 June 18, 1991 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 ~_''';''Y'-' -_..~---. _. ---- . o o RESOLW'IOH.. .U818TlHG CHUCK OBERSBAW TOYOTA IN RELOCATING TO 'l'III: BAN BDN&JtDlNO AW'O PLaZa... - . .- - I HEREBY CERTIFY 'that 'the foregoing re.olution wa. duly adopted by 'the Mayor and Common Council of 'the City of San Bernardino at a -meeting 'thereof. held on the day of . 1991. by 'the fOllOWing vote. to wit: AYES - NAYS - ABSTAIN of City Clerk The foregOing re.olution 18 hereby approved 'this day . 1991. w. R. Halcomb. Mayor City of San Bernardino Approved a. to fona and legal content: JAMES P. PBNMAH. C1 ty Attorney By: DAB/.e./AutoPla2.re. 4 June 18. lQQ, " ,-~ . , ~. ~ a: o z 1-i Iii . .~ > ~ i "a ~ '" f j !I ro ~i ;! J; Q. ~ AUTO CEHrER DRIVE " . . ::::) c( I I 0 II Z I I - c a: SHOW CASE DRIVE SOUTH I 1 c( d z II I i a: w ~ I I. 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