HomeMy WebLinkAboutR08-Economic Development Agency
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Ov B LOP Mill T DIP A R 01 II T
OF TIll CITY OF SAIl BIRJlARDIRO
REOUEST FOR COMMISSIOII/COURCIL ACTIOII
From:
KENNETH J. HENDERSON
Executive Director
Subject:
BASHIR/TOWRSElID
AGREEMEftT
Date:
September 26, 1991
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SvnoDsis of Previous Commission/Council/Committee Action(s):
06/02/S6 Authorized RFQ/RFP for development of Baseline and Medical
Center Drive.
07/2l/S6 Approved Exclusive Right with Alexander Haagen
01/12/S7 Commission approved revised terms and conditions of Haagen
Shopping Center.
01/22/90 Rescinded the Exclusive Right with Alexander Haagen.
01/22/90 Authorized the execution of an Agreement-to Negotiate
Exclusively with New Frontier Commercial Property, Inc.
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RecommPnded Motion(s):
(Communitv Develooment Commission)
That the Community Development Commission approve an agreement between
the Redevelopment Agency, Basem Jason Bashir and Mary Townsend
providing for the relocation of Jimmy's Market to 1620 West Baseline
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Administrator
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KERBIlTII J. BRSOII
Executive Director
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Contact Person(s): Ken Henderson/Doris Daniels
Phone:
5081
Project Area(s):
Northwest
Ward(s) :
Six (6)
Supporting Data Attached:
Staff Reoort
FUNDING REQUIREMENTS:
Amount: S
Source:
Budget Authority:
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Commission/Council lIotes:
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KJH:DAD:paw:OOSlq
COIlMISSIOII MEBTIlIG AGElIDA
Meeting Date: 10/07/1991
Agenda Its No:
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DEVELOPMElft DBP.unO REQUBST FOR COMIIISSI01'l'/COUllCOCTI01'l'
Bashir/Townsend Aareeamt
Prepared: September 26, 1991
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SvnoDsis of Previous Commission/Council/Committee Aetion(s) Continued...
OS/21/90 Ninety Days to the performance deadlines in the Right to
Negotiate Exclusively with New Frontier Commercial Property,
Inc.
06/07/90 Redevelopment Committee approval in Concept deal points and
draft DDA.
06/18/90 Commission and Council approval of deal points for a
development agreement with New Frontier, Inc., and directed
staff to draft an agreement.
09/19/91 The Redevelopment Committee recommended to the Community
Development Commission approval of the an agreement between the
Redevelopment Agency, Basem Jason Bashir and Mary Townsend
providing for the relocation of Jimmy's Market to 1620 West
Baseline Street.
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KJH:DAD:paw:0081q
COMMISSI01'l' MEBTI1'I'G AGB1'I'DA
Meeting Date: 10/07/1991
Aaenda I telll 1'1'0:
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DBVELOPMUT DBPAR'.rMEB1'
STAFF REPORT
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Bashir/Townsend Aareement
The Community Development Commission has taken previous action
pertaining to the building of a retail commercial shopping center
development, the West Side Plaza, to be located on the northeast corner
of Baseline Street and Medical Center Drive in the Northwest
Redevelopment Project Area. Under the terms of the New Frontier
Commercial Properties, Inc. Disposition and Development Agreement (the
"DDA"), New Frontier would acquire the property from the Department and
develop same using private financing, together with Department, County
and Federal Assistance.
On April 13, 1987, the Department filed an Eminent Domain Action to
acquire the property located at 1598 Baseline Street for redevelopment
purposes and obtained an Order for Immediate Possession against all
tenants and owners of the property. Basam Jason Bashir, a commercial
tenant doing business in the subject property, vacated the property on
or about January 14, 1991. Pursuant to the Community Redevelopment Law
and the Government Code of California, a public entity must provide
relocation assistance to persons and businesses which are removed as a
result of eminent domain proceedings.
Mr. Bashir has made every effort to relocate his business to a store
located on a portion of the premises at 1620 West Baseline Street which
is owned by Mary Townsend. However, when Mr. Bashir applied for a
Conditional Use Permit ("CUP") for the use of a portion of the
Townsend's property, the City approved the CUP with conditions which
included the design and construction of improvements to the property.
The improvements have an estimated cost of approximately $60,000, in
addition to the costs of fencing the property which was further required
due to the proximity of the store (with the sale of alcoholic beverages)
to a neighborhood elementary school.
The Department has reached an agreement with Mr. Bashir and
Mrs. Townsend which describes the improvements to be made and the manner
in which said improvements are to be financed, as follows:
1. One-third (1/3) of the cost, which is estimated to be
approximately $20,000 will be granted by the Department outright
to the Property Owner, Mary Townsend;
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KJH:DAD:paw:008lq
COIllISSIOB MBBTIlIG AGBIIDA
Meeting Date: 10/07/1991
Agenda Item Bo:
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DEVELOPMBBT DEP~ STAFF REPORT
BaahirlToWDSend Aareement
Date Prepared: September 26, 1991
Page 2
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2. One-third (1/3) of the cost, which is estimated to be
approximately $20,000, will be paid by the Department and a
credit will be given to the Department in that amount againat any
condemnation Judgment or settlement, and;
3. One-third, which is estimated to be approximately $20,000, will
be paid by the Property Owner. The property owner's contribution
will be derived from a long-term, low interest loan to be made by
the Department to the property owner (to be secured by a note and
deed of trust).
4. The costs of fencing the property will be paid outright by the
Department to the Property Owner.
5. The work for the improvements will be performed under fixed price
contracta which ahall be approved in writing by the Executive
Director of the Development Department, both as to coat and
intent, prior to being executed (aee Attachment I.)
Baaed upon the foregoing, ataff recommenda adoption of the form motion.
ElSOB, Executive Director
De artment
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KJH:DAD:paw:0081q
COIlMISSIOB MlETIIIG AGDDA
Meeting Date: 10/07/1991
Agenda Item Bo:
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AGREEMENT
0 This Agreement is made as of this _ day of
1991, by and among the City of San Bernardino, a public body,
corporate and politic, organized and existing under the laws of the
State of California (the "city"), the Redevelopment Agency of the
City of San Bernardino, a public body corporate and politic,
organized and existing under the Community Redevelopment Law of the
State of California (the "Agency"), Basem Jason Bashir ("Bashir")
and Mary Townsend (the "Property Owner"):
R E C I TAL S
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WHEREAS, the Agency filed an eminent domain action on or
about April 13, 1987, to acquire the property located at 1598
Baseline Drive, San Bernardino, California (the "Property"), for
redevelopment purposes (the "Eminent Domain Action"); and
WHEREAS, the Agency obtained an Order for Immediate
Possession against all tenants and owners of the Property; and
WHEREAS, Bashir was a commercial tenant of the Property;
and
WHEREAS, Bashlr vacated the property on or about
January 14, 1991; and
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WHEREAS, pursuant to the Community Redevelopment Law and
o the Government Code of California, a public entity must provide
relocation assistance to persons and businesses which are removed
as a result of eminent domain proceedings; and
WHEREAS, Bashir desires to relocate his business and has
made efforts to do so. Currently, Bashir desires to relocate his
business to a store (the "Store") located on a portion of the
premises at 1620 West Baseline, San Bernardino, California (the
"Property"), which Property is owned by the Property Owner; and
WHEREAS, Bashir applied for a Conditional Use Permit
("CUP") for the use of the Store and the City approved the CUP upon
conditions which include the design and construction of
o improvements to the Property (the "Improvements"); and
WHEREAS, the Improvements have an estimated cost of
approximately $60,000.00 in addition to the costs of fencing the
Property; and
WHEREAS, the parties reached an agreement as to the
manner by which the improvements will be compensated to the
Property Owner.
NOW, THEREFORE, it is agreed and stipulated, as follows:
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section 1. The recitals hereinabove are true and
correct and are incorporated herein by this reference.
Section 2. The parties hereto hereby agree that the
costs of the Improvements will be paid as follows:
A. One-third (1/3) of the cost, which is estimated to
be approximately $20,000, shall be paid by the City andlor the
Agency outright to the Property Owner and such payment or reference
relating to the payment thereto shall be inadmissible in any
hearing or at trial on issues relating to compensation in the
Eminent Domain Action;
B. One-third (113) of the cost shall be paid by the
City and a credit shall be given to the Agency in that amount
against any condemnation judgment or settlement in favor of Bashir;
and
C. One-third (1/3) shall be paid by the Property Owner,
utilizing a long term low interest loan to be made to the Property
Owner by the City in the form of a note and deed of trust as
attached hereto, which shall be executed by the Property Owner;
D. The costs of fencing the Property will be paid
outright by the city andlor the Agency to the Property Owner;
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E. The work for the Improvements will be performed
under fixed price contracts which shall be approved by the
Executive Director of the Agency in writing both as to cost and
intent, prior to being executed.
Section 3. All parties shall be responsible for
payment of their own costs, attorneys' fees and all other expenses
in connection with the matters referred to in this Agreement. The
City and Agency do not make any affirmations as to whether Bashir
is entitled to litigation expenses under the Eminent Domain Law
with regard to the matters referred to in this Agreement and
specifically deny that Bashir is entitled to recover said expenses.
However, Bashir may seek litigation expenses relating to this
Agreement pursuant to the Eminent Domain Law and nothing in this
Agreement shall prejudice or restrict Bashir from making any claim
for recovery or from seeking recovery of such litigation expenses.
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Section 4. In the event Bashir and the Property Owner
fail to enter into a Lease with a term of not less than five (5)
years with respect to the Store, on or before, sixty (60) days from
the date of execution of this Agreement, this Agreement shall be of
no force and effect and no payments pursuant to this Agreement
shall be made prior to the execution of said Lease.
section 5. Property Owner shall use her best efforts
to complete the improvements as soon as possible following the
execution of the Lease as referred to in section 4.
Section 6. This Agreement contains the entire
agreement between the Parties regarding the matters set forth and
shall be binding upon and inure to the benefit of the executors,
c:> administrators, heirs, successors and assigns of each.
Section 7. This Agreement is entered into in the
State of california, and shall be construed and interpreted in
accordance with the laws of said state.
Section 8. If any provision or portion of any
provision of this Agreement shall be held unlawful or
unenforceable, the balance of this Agreement shall nonetheless in
all respects remain binding and effective and shall be construed in
full force and effect to the extent lawfully permissible and
practicable.
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section 9.
Each party represents that he/it has
obtained the legal advice of his/its attorney and the terms
contained herein are understood and voluntarily accepted.
Dated:
, 1991
CITY OF SAN BERNARDINO
By:
Title:
Dated:
, 1991
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By:
Title:
APPROVED AS TO FORM:
CITY ATTORNEY OF THE
CITY OF SAN BERNARDINO
By:
APPROVED AS TO FORM:
SABO {, GREEN
ATTORNEYS FOR THE REDEVELOPMENT AGENCY
OF THE ITY OF fAN BERNARDINO
By: W 0 L' L.l.,t.--..
Dated:
, 1991
BASEM JASON BASHIR
APPROVED AS TO FORM:
PALMIERI, TYLER, WIENER, WILHELM
{, WALDRON
By:
Michael Leifer
Dated:
, 1991
MARY TOWNSEND
APPROVED AS TO FORM:
Counsel for Mary Townsend
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1It1ECOltDINQ IItCQUlElITlID ..,
AND ...... HCCMlDCO MAtt. ,..
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.._ REDEVELOPIlEIIT AGuer or THl!
._" CIn or SAN B_IHO
Cu'., 201 North "I" St., 3rd rloor
IUftl!&l1 Bernardino, CA 92401 .J
Title Oreler No
Etcrow No.
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DEED O' TRUST AND ASSIGNMENT Of UHTS
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or THl! CITY or SAN BER1IARDIHO, . public body ,...... ""'" .INEnelA'Y,
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STATE 0' CAUPORMIA
COUNTY OF SAN RRRNARDINO
Oft dda ..., or t:t_p~_"'_" . in 11M,..,
1001 .WoNIM,IIM.............Now,'ultllcln
Iftd tor tIiI COWIIf ... StIla. petIllftIIJ .......
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EXIIIBIr "1"
That portion of the aouthean 1/4 of Lot 4, Block 58, lancho San
Bernardino, in the County of San Bernardino, atate of California, a.
per map recorded in Book 7, pa,. 2 of mapa, in the office of the
county recorder of .aid county, de.cribed a. fo110we:
COMMENCING at the interaection of the center line of Baae Line and
Muscott Streeta; thence Korth 41.25 feet; thence Wen 41.25 feet to
the southeaet comer of add Lot 4; thence wen alona the north line
of Base Line, 150 feet to the true point of be&iDllina; thence
.co~tinuina weat a10na the north line of Bas. Line Street 224.45 feet;
thence North 150 fe.t; thence laat and parallel with the north line of
Ba.e Line Street 224.45 feet to a point 150 feet veat of the weat line
of Muscott Street; thence South parallel to aaid eaat line 150 feet to
the point of be,iDllina.
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PROMISSORY NOTE SEeuRED BY DEED OF TRUST
$20,000.00
San Bernardino, California
September 10, 1991
In the installments described below, for value received which funds
in the amount of $20,000 shall be dispersed on October 15, 1991, the
undersigned (the "Borrower") promises to pay to City of San Bernardino (the
"Holder"), or order, at San Bernardino, California, or any other place
designated in a writina submitted by Holder to Borrower, the sum of
$20,000.00, with interest from October 15, 1991, on unpaid principal at the
rate of eight (8) percent per annum. Principal and interest shall be payable
in monthly installments of $256.00, on the 15th day of each month, beginning
on the 15th day of November, 1991, and continuina each con$ecutive month
thereafter until all principal and accrued but unpaid interest have been paid
in full, with any unpaid principal and all accrued but unpaid interest due and
payable on the 15th day of October, 2001.
Each payment shall be credited first on interest then due and the
remainder on principal. Immediately thereafter, interest shall cease on the
principal so credited.
States.
Principal and interest are payable in lawful money of the United
Should default be made in payment of any installment when due, or
in the performance of any of the agreements contained in the deed of trust
securina this Note, the whole sum of principal and interest shall become
immediately due and payable at Holder's option. Failure by Holder to exercise
this option shall not constitute a waiver of the right to exercise it in the
event of any subsequent default.
Whether or not suit is filed, borrower agrees to pay all reasonable
attorneys' fees, costs of collection, costs and expenses incurred by Holder in
connection with the enforcement or collection of this Note. Borrower further
agrees to pay all costs of suit and the sum adjUdged as attorneys' fees in any
action to enforce payment of this Note or any part of it.
This note is secured by a Deed of Trust, dated September 10, 1991,
to the City of San Bernardino as Trustee, executed by Borrower in favor of
Holder. The parties understand that the funds loaned by this agreement are
for the construction and development of certain improvements described on
Exhibit A attached hereto and incorporated h ain with the estimated cost
there of shown therein.
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SEND
SBEO/0106/DOC/24
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EXHIBIT A
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LIQUOR STOIIB IIBLOCArIOW
COP 91-69
PAHIIIG LOT IIItlOvllllllUll: ESTIMArB
1620 Weat Baae1ine
1. Pavement Removal 19,096 af @ 0.25/sf 4,774
2. A.C. Pavement 17,717 sf @ 1.00/sf 17,717
3. Planter Curbs 361 lf @ 7.00/lf 2,527
4. Trash Enclosure 1 @ 600.00/each 600
5. Flatwork Concrete 1,133 sf @ 3.00/sf 3,399
6. Parking Lot Liihta 3 ea @ 500.00/each 1,500
7. H.C. Signing 4 ea @ 100.00/each 400
8. Parking Lot Striping 1,000 lf @ 0.22/ft 2,200
9. Parkway Drain 1 @ 600 600
10. H.C. Bypass on Driveways 256 sf @ 3.50/sf 896
11. Landscaping 1,379 sf @ 3.00/sf 4,137
0 12. Street Trees 6 @ 200.00/each 1,200
Contingencies l5X
39,950
3.995
43,945
6.592
50,537
5,054
5.054
$60,645
Mobilization lOX
Design lOX
Inspection lOX
TOTAL
Prepared by: Public Works/Engineering Department
City of San Bernardino, April 1991
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