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HomeMy WebLinkAboutR01-Economic Development Agency o o 0" o VEL 0 !' II E 111 r DE P A RO Ell r OF THE CIn OF SAlII BERlWlDIlIIO REOUEST FOR COIIUSSIOll/COUlllCIL ACTIOII From: KENNETH J. HENDERSON Executive Director Subject: AllERICAlII lIIATIOIfAL CAllI COIIPAlIIY OWIIBR PAIlTICIPA- rIOII AGbuwn (OPA) Date: October 29, 1991 SvnoDsis of Previous CnMMfssion/Cnnnpil/Cn--fttee Action(s): On January 24, 1991, the Redevelopment Committee considered this matter and requested staff to proceed as recommend. On April 15, 1991, the Community Development Commission approved deal points and authorized Agency Counsel to prepare an agreement between the Community Development Commission and American National Can Company. The matter was continued several times, while specific language was negotiated. Recommended 1I0tion(s): (C~itv Deve]n-....t C.....fssion) IIOTIOII A: That the Community Development Commission authorize the Executive Director of the Development Department to execute the attached agreement with American National Can Company, to make non-substantive changes in the agreement as approved by Agency Counsel, and to execute any additional documents required to carry out the purposes of the agreement. 17 (Motions continued next page...) Administrator ~~ Execnth'e Direc r Contact person(s): Ken Henderson/John Hoeaer Phone: 5081 Project Area(s): Northwest (NW) Ward(s) : Six (6) Supporting Documentation Attached: Staff ReDort: Aareement FUNDING REQUIREMENTS: Amount: *603.750.00 Source: rI/Sewer CaD. Riahts Budget Authority: FY 1991/1992 AdoDted Budaet Commission/Council lIotes: KJH:JBH:kak:dlm:4247H COIMISSIOII IlEETIlIIG AGENDA lIeeting Date: 11/04/1991 Agenda Itea 1110: -L o o o o 0 DEVELOPMUr DEPftJ:I'WU REQUEST FOR ACTIOR COBTIBUED... American RatiOJUll Can COIIIplIJIy OPA October 29, 1991, Page Bumber -2- ------------------------------------------------------------------------------- Reco_ended MotionCsl Continued: CCo_itv Deve1o_ent Coaaissionl MOrIOR B: That the Community Development Commission authorize execution of the attached note to the City of San Bernardino in the amount of Three Hundred Seventy-Seven Thousand, Seven Hundred Fifty Dollars ($377,750.00) for five years at six percent (6%) interest effective September 30, 1991. KJH:JBH:kak:dlm:4247H COIMlSSIOR MlETIBG AGEMlA Meeting Date: 11/04/1991 Agenda It_ Ro: --L- """;'_"U"':'''_''-',,"~'''"'''''''''-=_''''''''_ ~_;:,:.,~",,' o V B LOP M B II T DB P A R~ B II T or THE CITY or SAlI BBUARDlII" o STAFF REPORT Aaericm lIaticmal Cm ComDlUlV OPA Since October of 1990, staff has been in contact with representatives from Americm National Cm Company (ANCC) regarding the acquisition of land in the Northwest Redevelopment Project Area Industrial Park and the development of m ANCC can-making facility. Americm National Cm Company has previously commissioned soils and related rests from local firm and on April 24, 1991, exercised its option to purchase approximately twenty-five (25) acres where the proposed facility will be located. ProDosed Proiect Following is a summary of the proposed project: 1. The proposed plant would be approximately 220,000 square feet in site. The zoning is IH. 2. Recent changes in the Development Code will allow the construction of a metal building without the filing of a Conditional Use Permit (CUP) application. 3. The plant would be a twenty-four (24) hour/three-hundred, sixty-two (362) day a year operation. 4. The completed development value is estimated at $45,000,000, which will generate approximately $450,000 a year in tax increment, of which $363,000 would come to the Department. 5. The plant would have its own internal wastewater treatment plan and would use approximately 75,000 gallons of water per day. The plant would also be a significant consumer of electricity. 6. Approximately one-hundred, twenty (120) jobs will be generated, with additional jobs to be generated as a result of future expansion. ProDosed ARreement On April 15, 1991, the Community Development Commission approved deal points with American National Can Company, as follows: 1. Development Department to grant one-hundred (100) sewer capacity rights valued at $226,000 to ANCC as partial payment of the anticipated $603,750 for sewer capacity charges. In view of the April 15th approval of the deal points, the charges for sewer capacity rights are calculated as of September 30, 1991. KJH:JBH:kak:dlm:4247H COIBISSIO. MBBTIIm AGBMlA Meeting Date: 11/04/1991 Agenda Item 110: .J.- ,r"'-- "'- c c DEVELOPMEIIT DEP~ STAFF REPORT American Natio~1\"...," Company OPA October 29, 1991 .~ Page I!IuIIIber -3- ........ - 2. Development Department to finance with Municipal Water Department difference of $377,000 over five (5) years. These payments would be made as the property tax increment is generated by the project. The attached note provides for annual installments of principal and interest at six-percent (6%), again, the rates are those that were in effect on September 30, 1991. 3. Development Department to facilitate, to the extent possible, the acquisition by ANCC of Job Training and Partnership Act (JTPA) assistance from the San Bernardino Employment Training Agency (SBETA). Citv/Deve10oment DeDartment Benefits These deal points allow the City to gain in number of important ways, as follows: 1. Increasing of our tax base. 2. Generation of one-hundred, twenty (120) new jobs. 3. Generation of additional tax increment for the Northwest Redevelopment Project Area (sorely needed in light of assistance package for West Side Plaza). 4. Significant water usage which greatly assists cashflow of Municipal Water Department. 5. Significant payer of utility tax, thereby assisting City General Fund. 6. Increases momentum for additional development in Northwest and State College Industrial Parks. RecoDlllendations Based upon the above information, Agency Counsel has prepared and staff has negotiated the attached Owner Participation Agreement (OPA), which is now submitted for Commission consideration. Staff recommends adoption of the form motions. Director KJH:JBH:kak:dlm:4247H COMMISSION MEETING AGENDA Meeting Date: 11/04/1991 Agenda Item No: ..L 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 OWNER PARTICIPATION AGREEMENT THIS AGREEMENT IS ENTERED INTO THIS day of 1991, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the "Agency"), and AMERICAN NATIONAL CAN COMPANY, a Delaware Corporation (the "Participant"). Agency and Participant hereby agree as follows: I. [100] SUBJECT OF AGREEMENT A. [101] Purpose of Agreement The purpose of this Agreement is to effectuate the Redevelopment Plan for the Northwest Redevelopment Project (the "Project") by providing for the development of the Site, which is situated within the Northwest Redevelopment Project Area (the "Project Area") of the Project. This Agreement is entered into for the purpose of developing the Site and not for speculation in land holding. The completion of the development of the Site pursuant to this Agreement is in the vi tal and best interest of the City of San Bernardino, California (the "City") and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements under which the Project has been undertaken. B. [102] The Redevelopment Plan The Redevelopment Plan was approved and adopted on July 6, 1982, by Ordinance No. MC-189 of the Common Council of the City of San Bernardino; said ordinance and the Redevelopment Plan as so approved (the "Redevelopment Plan") are incorporated herein by reference. III DAB/bg/America3.Agr 1 September 23, 1991 o o o o 0 1 C. [103] The Site 2 The Site is that certain real property designated 3 on the Site Map (Attachment No.1) and described in the "Legal 4 Description of the Site", which is attached hereto as Attachment 5 No. 2 and is incorporated herein by this reference. 6 The Site is that certain real property, title to 7 which is held by the Participant. 8 O. [104] Parties to the Agreement 9 1. [105] The Agency 10 The Agency is a public body, corporate and 11 politic, exercising governmental functions and powers and 12 organized and existing under Chapter 2 of the Community 13 Redevelopment Law of the State of California (Health and Safety 14 Code Section 33020 et seq.). The principal office of the Agency 15 is located at 300 North "0" Street, San Bernardino, California 16 92418. 17 "Agency", as used in this Agreement, includes the 18 Redevelopment Agency of the City of San Bernardino, and any 19 assignee of or successor to its rights, powers and 20 responsibilities. 21 2. [106] The Participant 22 The Participant is American National Can Company, 23 a Delaware Corporation. The principal office and mailing address 24 of the Participant for purposes of this Agreement is 8770 West 25 Bryn Mawr Avenue, Chicago, IL 60631-3542. 26 The Participant qualifies as an owner participant 27 pursuant to the Redevelopment Plan and rules promulgated pursuant 28 thereto pertaining to owner participation. OAB/bg/America3.Agr 2 September 23, 1991 -~<# o o o. o o 1 3. [107] Prohibition Against Change in 2 Ownership, Management and Control of 3 the Participant 4 The qualifications and identity of the 5 Participant are of particular concern to the City and the Agency. 6 It is because of those qualifications and identity that the Agency 7 has entered into this Agreement with the Participant. No 8 voluntary or involuntary successor in interest of the Participant 9 shall acquire any rights or powers under this Agreement except as 10 expressly set forth herein. 11 The Participant shall not assign all or any part 12 of this Agreement or any rights hereunder without the prior 13 wri tten approval of the Agency, which approval the Agency may 14 grant, withhold or deny at its discretion. In the event of such 15 transfer or assignment: (1) the assignee shall expressly assume 16 the obligations of the Participant pursuant to this Agreement in 17 writing satisfactory to the Agency: (2) the original Participant 18 shall remain fully responsible for the performance and liable for 19 the obligations of the Participant pursuant to this Agreement: and 20 ( 3 ) any guarantees provided to assure the performance of the 21 Participant. s obligations under this Agreement shall remain in 22 full force and effect. 23 In the absence of specific written agreement by 24 the Agency, no such transfer, assignment or approval by the 25 Agency, shall be deemed to relieve the Participant or any other 26 party from any obligation under this Agreement. 27 All of the terms, covenants and conditions of 28 this Agreement shall be binding upon and shall inure to the DAB/bg/America3.Agr 3 September 23, 1991 o o o C 0 1 benefit of the participant and the permitted successors and 2 assigns of the Participant. Whenever the term "Participant" is 3 used herein, such term shall include any other permitted 4 successors and assigns as herein provided. 5 The restrictions of this Section 107 on assignment 6 of this Agreement shall not apply to the assignment to a 7 subsidiary or sister company. 8 The restrictions of this Section 107 shall 9 terminate and be of no further force and effect upon the issuance 10 .by the Agency of a Certificate of Completion in the form attached 11 hereto as Attachment No. 5 as provided in Section 324 upon 12 completion of the Participant Improvements described in Section 13 302 of this Agreement and Attachment No.4. 14 II. [200] CONDITION OF THE SITE 15 A. [201] Vesting of Title to the Site 16 As of the date of this Agreement Title to the Site is 17 vested in Participant. 18 B. [202] Condition of the Site 19 Participant assumes all risk and responsibility for 20 any demolition and clearance of the Site as necessary for the 21 provision of Participant Improvements. Participant assumes all 22 risk and responsibility as to the suitability of the Site for the 23 proposed development. Agency makes no representations or 24 warranties concerning the Site, its suitability for the use 25 intended by the parti?ipant, or the surface or subsurface 26 condi tions of the Si te. If the soil or other surface or 27 subsurface conditions of the Site are not in all respects entirely 28 suitable for the use or uses to which the Site will be put as of DAB/bg/America3.Agr 4 September 23, 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 0 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. Should Agency agree, which agreement shall not be unreasonably withheld, that unforeseen changes in the circumstances are so significant as to make it commercially impractical to complete the project improvements, Participant may terminate this Agreement upon repayment to Agency of any and all costs and expenses incurred by Agency in connection with this Agreement. 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 of the Site in a manner consistent with the Redevelopment Plan. Participant shall develop on the Site a beverage can plant of at least 200,000 square feet, with an assessed value of at least $45,000,000. 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. DAB/bg/America3.Agr 5 September 23, 1991 o o o - o o 1 2. [303] Design Concept Drawings 2 By the respective times set forth therefor in the 3 Schedule of Performance (Attachment No.3), Participant shall 4 prepare and submit to the City of San Bernardino ("The City") for 5 its approval Design Concept Drawings and related documents 6 containing the overall plan for development of the Site. The Site i shall be developed as established in this Agreement and such 8 documents, except as changes may be mutually agreed upon between 9 Participant and Agency. Any such changes shall be wi thin the 10 limitations of the Scope of Development (Attachment No.4) except 11 as may be amended by written agreement of the parties. 12 3. [304] Construction Drawings and Related 13 Documents 14 By the time set forth therefor in the Schedule of 15 Performance (Attachment No.3), Participant shall prepare and 16 submit to the City, construction drawings, landscape plan, and 17 related documents for development of the Property for 18 architectural review and written approval. 19 The landscaping and finish grading plans shall be 20 reviewed and approved by a professional landscape architect who 21 may be the same firm as Participant's landscape architect. 22 The Staff of Agency and Participant shall 23 communicate and consult as frequently as is necessary to 24 coordinate the preparation of, submission to, and review of 25 drawings, plans and related documents and to insure that the 26 formal submittal of any documents to Agency and City can receive 27 prompt and complete consideration. 28 III DAB/bg/America3.Agr 6 September 23, 1991 " o o 0" ~ ~ - J.. o o 1 4. [305] Cost of Construction 2 The cost of developing the Property and 3 constructing all Participant Improvements thereon shall be borne 4 by Participant except as provided in Section 315. 5 5. [306] Construction Schedule 6 Participant shall promptly begin and thereafter i diligently prosecute to completion the con~truction of the 8 Participant Improvements and the development of the Property. 9 Participant shall begin and complete all construction and 10 development of the Participant Improvements within the times 11 specified in the Schedule of Performance (Attachment No.3). 12 Participant shall strictly conform to all time requirements and 13 limitations set forth in this Agreement. 14 6. [307] Bodily Injury and Property Damage 15 Insurance 16 Participant shall defend, assume all 17 responsibility for and hold the Agency, the City, and their 18 respective officers, agents and employees, harmless from, all 19 claims or suits for, and damages to, property and injuries to 20 persons, including accidental death (including attorneys fees and 21 costs), which may be caused by any of Participant's activities 22 under this Agreement, whether such activities or performance 23 thereof be by the Participant or anyone directly or indirectly 24 employed or contracted with by Participant and whether such damage 25 shall accrue or be discovered before or after termination of this 26 Agreement. Participant shall take out and maintain a 27 comprehensive liability and property damage policy in the amount 28 of One Million Dollars ($1,000,000) combined single limit pOlicy, DAB/bg/America3.Agr 7 September 23, 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 - - 4 4. o o including contractual public liability, as shall protect Participant, City and Agency from claims for such damages until two (2) years after the issuance of a Certificate of Completion for all of the Participant Improvements. Participant shall furnish a certificate of insurance countersigned by an authorized agent of the insurance carrier on a form of the insurance carrier setting forth the general provisions of the insurance coverage. This countersigned certificate shall name the City and Agency and their respective officers, agents, and employees as additional insureds under the policy. The certificate by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify City and the Agency of any material change, cancellation or termination of the coverage at least thirty ( 30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by Participant shall be 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 insurance shall contain a waiver of subrogation for the benefit of the City and Agency. Participant shall also 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. III III DAB/bg/America3.Agr 8 September 23, 1991 -....* m:;:,~"".."" .. o o o. v:r . ~ J. o 0 1 7. [308] City and Other Governmental Agency 2 Permits 3 Before commencement of the Participant 4 Improvements or other construction or development of any 5 buildings, structures or other works of improvement upon the Site, 6 Participant shall, at its own expense, secure or cause to be 7 secured any and all permits which may be required by the City or 8 any other governmental agency affected by such construction, 9 development or work. 10 8. [309] Rights of Access 11 For the purpose of assuring compliance with this 12 Agreement, representatives of Agency and the City shall have the 13 right of access to the Site, without charges or fees, at normal 14 construction hours during the period of construction for the 15 purposes of this Agreement, including, but not limited to, the 16 inspection of the work being performed in constructing the 17 improvements, so long as they comply with all safety rules. Such 18 visits shall be subject to reasonable advance notice to 19 Participant, except that in unusual circumstances, visits may be 20 made without notice. Such representatives of Agency or of the 21 City shall be those who are so identified in writing by the 22 Executive Director of Agency, not to exceed three at anyone time. 23 Agency shall hold the Participant harmless from any bodily injury 24 or related damages arising out of the activities of Agency and the 25 City as referred to in this Section 309 unless resulting from the 26 negligence or willful misconduct of Participant. This Section 309 27 shall not be deemed to diminish or limit any rights which the City 28 III DAB/bg/America3.Agr 9 September 23, 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 0- J1 - ~~o o 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 of the 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. 10. [311] Antidiscrimination During Construction Participant, for itself and successors and assigns, agrees that in the construction of the 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 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, encumbrance or lien other than as expressly allowed by this Agreement. Participant shall remove or have removed any levy or attachment made on any of the Si:t;e .or any part thereof, or assure the satisfaction thereof within a reasonable time but in any event prior to a sale thereunder. III DAB/b9/America3.Agr 10 September 23, 1991 -'J"""",,,,,,,,,"C':" ,,~- 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 Prohibition Against Transfer of the Site, the Buildings or Structures Thereon and Assignment of Agreement 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 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. This Section 313 shall not be construed to restrict or limit the lease of individual buildings or portions thereof by Participant in the ordinary course of business. D. [314] Sewer Capacity Charge 1. [315] Sewer Capacity Rights To partially offset the sewer capacity charge anticipated to be imposed on the project by the Water Department of the City of San Bernardino in the amount of Six Hundred Three Thousand, Seven Hundred Fifty Dollars ($603,750.00), Agency shall grant to participant One Hundred (100) sewer capacity rights valued at Two Hundred Twenty Six Thousand Dollars ($226,000.00) by the execution of a transfer document substantially in the form of Attachment No.6. Such document shall be executed and the transfer made when payment of the sewer capacity charge is required by the Water Department. III DAB/bg/America3.Agr '\ C. o [313] 11 September 23, 1991 ~'.~>.,..'-:'F:'-:'.- o o o o o 1 2. [316] Payment of Remainder 2 Agency shall pay the remainder of the one time 3 sewer capacity charge to be imposed on the project, anticipated by 4 the parties to be Three Hundred Seventy Seven Thousand, Seven 5 Hundred Fifty Dollars ($377,750.00) but in no event shall the 6 Agency pay more than Four Hundred Thousand Dollars ($400,000.00). 7 Agency may by separate agreement or understanding with the Water 8 Department, finance this payment over a period of years. 9 E. [317] Mortgage, Deed of Trust, Sale and Lease-Back 10 Financing; Rights of Holders 11 1. [318] No Encumbrances Except Mortgages, Deeds 12 of Trust, or Sale and Lease-Back for 13 Development 14 Mortgages, deeds of trust and sales and leases- 15 back are to be permitted before completion of the construction of 16 the Participant Improvements, but only for the purpose of securing 17 loans of funds to be used for financing the construction of the 18 Participant Improvements or other improvements on the Site, and 19 any other purposes necessary and appropriate in connection with 20 development under this Agreement. 21 2. [319] Holder Not Obligated to Construct 22 Improvements 23 The holder of any mortgage or deed of trust 24 authorized by this Agreement shall not be obligated by the 25 provisions of this Agreement to construct or complete the 26 Participant Improvements or to guarantee such construction or 27 completion. Nothing in this Agreement shall be deemed to 28 construe, permit or authorize any such holder to devote the Site DAB/bg/America3.Agr 12 September 23, 1991 o o 0' o o 1 to any uses or to construct any improvements thereon, other than 2 those uses or Participant Improvements provided for or authorized 3 by this Agreement. 4 3. [320] Notice of Default to Mortgagee or Deed 5 or Trust HOlders; Right to Cure 6 Wi th respect to any mortgage or deed of trust 7 granted by Participant as provided herein, whenever Agency shall 8 deliver any notice or demand to Participant with respect to any 9 breach or default by Participant in completion of construction of 10 the Participant Improvements, Agency shall at the same time 11 deliver to each hOlder of record of any mortgage or deed of trus~ 12 authorized by this Agreement a copy of such notice or demand. 13 Each such hOlder shall (insofar as the rights of Agency are 14 concerned) have the right, at its option, within thirty (30) days 15 after the receipt of the notice, to cure or remedy or commence to 16 cure or remedy any such default and to add the cost thereof to the 17 mortgage debt and the lien of its mortgage. Any such holder 18 properly completing such Participant Improvements shall be 19 entitled, upon compliance with the requirements of Section 324 of 20 this Agreement, to a Certificate of Completion (as therein 21 defined) . 22 4. [321] Failure of Holder to Complete 23 Improvements 24 In any case where, thirty (30) days after default 25 by the Participant in completion of construction of Participant 26 Improvements under this Agreement, the holder of any mortgage or 27 deed of trust creating a lien or encumbrance upon the Site or any 28 part thereof has not exercised the option to construct, or if it DAB/bg/America3.Agr 13 September 23, 1991 "~~""~ o o 0, o o 1 has exercised the option and has not proceeded diligently with 2 construction, Agency may purchase the mortgage or deed of trust by 3 payment to the hOlder of the amount of the unpaid mortgage or deed 4 of trust debt, including principal and interest and all other sums 5 secured by the mortgage or deed of trust. 6 5. [322] Right of the Agency to Cure Mortgage or 7 Deed of Trust Default 8 In the event of a mortgage or deed of trust 9 default or breach by Participant prior to the completion of any 10 part thereof and the holder of any mortgage or deed of trust has 11 not exercised its option to construct, Agency may cure the 12 default. In such event, Agency shall be entitled to reimbursement 13 from Participant of all proper costs and expenses incurred by 14 Agency in curing such default, or such costs and expenses may be 15 filed as a lien on the Site. 16 F. [323] Right of Agency to Satisfy Other Liens on 17 the Site 18 Prior to the completion of construction of the 19 Participant Improvements, and after Participant has had written 20 notice and has failed after a reasonable time, but in any event 21 not less than thirty (30) days, to challenge, cure, adequately 22 bond against, or satisfy any liens or encumbrances on the' Site 23 which are not otherwise permitted under this Agreement, Agency 24 shall have the right but not the obligation to satisfy any such 25 liens or encumbrances and to include the cost thereof as part of 26 the loan proceeds under Section 315. 27 III 28 III DAB/bg/America3.Agr 14 September 23, 1991 --- o o 0' o o 1 G. [324] Certificate of Completion 2 Promptly after completion of all Participant 3 Improvements in conformity with this Agreement and the issuance by 4 the City of San Bernardino of Certificates of Occupancy for all 5 buildings on the Site, Agency shall furnish Participant with a 6 Certificate of Completion (Attachment No.5) upon written request 7 therefor by Participant. Agency shall not unreasonably withhold 8 any such Certificate of Completion. The Executive Director may 9 execute such Certificate of Completion on behalf of Agency. Such 10 Certificate of Completion shall be a conclusive determination of 11 satisfactory completion of the construction required by this 12 Agreement upon the Site and the Certificate of Completion shall so 13 state. Agency may also furnish Participant with a Certificate of 14 Completion for portions of the improvements upon the Site as they 15 are properly completed and ready to use if Participant is not in 16 default under this Agreement. After recordation of such 17 Certificate of Completion, any party then owning or thereafter 18 purchasing, leasing or otherwise acquiring any interest in the 19 Site or the Participant Improvements shall not (because of such 20 ownership, purchase, lease or acquisition), incur any obligation 21 or liability under this Agreement except that such party shall be 22 bound by any covenants contained in the documents establishing 23 covenants on the Site in accordance with the provisions of Section 24 401 of this Agreement which shall be applicable according to its 25 terms. 26 If the Agency refuses or fails to furnish a Certificate 27 of Completion for the Site, or part thereof, after written request 28 from Participant, the Agency shall, within thirty (30) days of DAB/bg/America3.Agr 15 September 23, 1991 o o o .~..~~O....- . o o 1 wri tten request therefor, provide Participant with a written 2 statement of the reasons Agency refused or failed to furnish a 3 Certificate of Completion. The statement shall also contain 4 Agency's opinion of the actions that Participant must take to 5 obtain a Certificate of Completion. If the reason for such 6 refusal is confined to the immediate availability of specific 7 items of materials for landscaping, Agency will issue its 8 Certificate of Completion upon the posting of a bond by the 9 Participant with Agency in an amount representing the value of the 10 work not yet completed. If Agency shall have failed to provide 11 such written statement wi thin said thirty (30) day period, 12 Participant shall be deemed entitled to the Certificate of 13 Completion. 14 Such Certificate of Completion shall not constitute 15 evidence of compliance with or satisfaction of any obligation of 16 the Participant to any holder of any mortgage, or any insurer of 17 a mortgage securing money loaned to finance the Participant 18 Improvements, or any part thereof. Such Certificate of Completion 19 is not a notice of completion as referred to in the California 20 Civil Code, Section 3093. 21 H. [325] Conditions, Covenants and Restrictions 22 Prior to the issuance of the Certificate of Completion 23 Participant shall prepare, and following approval by Agency shall 24 record conditions, covenants and restrictions affecting the Site 25 which shall, among othe~ things contained in this Agreement or 26 which Participant shall deem necessary, contain the 27 nondiscrimination provisions of Section 401. 28 III DAB/bg/America3.Agr 16 September 23, 1991 o o o. ~.~. o o 1 III. [400] USE OF THE SITE 2 A. [401] Uses 3 Participant covenants and agrees for itself, its 4 successors, its assigns, and every successor in interest to the 5 Site or any part thereof, that during construction and thereafter, 6 Participant and such successors and such assignees, shall devote 7 the Site to the uses specified in the Redevelopment Plan as may be 8 amended from time to time for the periods of time specified 9 therein. The Participant further covenants and warrants that 10 Participant shall develop improvements on the Site in accordance 11 with the Scope of Development (Attachment No.4). Participant 12 covenants to develop and operate the Site (or cause it to be 13 operated) in conformity with all applicable laws. The foregoing 14 covenants shall run with the land. 15 Participant covenants by and for itself and any 16 successors in interest that there shall be no discrimination 17 against or segregation of any person or group of persons on 18 account of race, color, creed, religion, sex, marital status, age, 19 handicap, national origin or ancestry in the sale, lease, 20 sublease, transfer, use, occupancy, tenure or enjoyment of the 21 Site, nor shall Participant itself or any person claiming under or 22 through it establish or permit any such practice or practices of 23 discrimination or segregation with reference to the selection, 24 location, number, use or occupancy of tenants, lessees, 25 subtenants, sublessees or vendees of the Site. The foregoing 26 covenants shall run with the land. 27 Participant shall refrain from restricting the rental, 28 sale or lease of the Site on the basis of race, color, creed, DAB/bg/Arnerica3.Agr 17 September 23, 1991 o o o. _:'::~~~f:f":'-':'" ---- o o 1 religion, sex, marital status, handicap, national origin or 2 ancestry of any person. All such deeds, leases or contracts shall 3 contain or be subject to substantially the following 4 nondiscrimination or non-segregation clauses: 5 1. In deeds: "The grantee herein covenants by and for 6 himself or herself, his or her heirs, executors, 7 administrators and assigns, and all persons claiming 8 under or through them, that there shall be no 9 discrimination against or segregation of, any person or 10 group of persons on account of race, color, creed, 11 religion, sex, marital status, age, handicap, national 12 origin or ancestry in the sale, lease, sublease, 13 transfer, use, occupancy, tenure or enjoyment of the 14 land herein conveyed, nor shall the grantee himself or 15 herself or any person claiming under or through him or 16 her, establish or permit any such practice or practices 17 of discrimination or segregation with reference to the 18 selection, location, number, use or occupancy of 19 tenants, lessees, subtenants, sublessees or vendees in 20 the land herein conveyed. The foregOing covenants 21 shall run with the land. n 22 2. In leases: "The lessee herein covenants by and for 23 himself or herself, his or her heirs, executors, 24 administrators and assigns, and all persons claiming 25 under or through him or her, and this lease is made and 26 accepted upon and subject to the following conditions: 27 "There shall be no discrimination against or 28 segregation of any person or group of persons on DAB/bg/America3.Agr 18 September 23, 1991 o o 0' . ~~.~.'-"""':='7.-"27""_ o o 1 aooount of raoe, oolor, oreed, religion, sex, marital 2 status, handioap, age, anoestry or national origin in 3 the leasing, subleasing, transferring, use, oooupanoy. 4 tenure or enjoyment of the premises herein leased nor 5 shall the lessee himself or herself, or any person 6 olaiming under or through him or her, establish or 7 permi t any suoh practice or praotioes 9f discrimination 8 or segregation with referenoe to the seleotion, 9 10oation, number, use or oooupanoy of tenants, lessees, 10 sub1essees, subtenants or vendees in the premises 11 herein leased." 12 3. In contracts: "There shall be no disorimination 13 against or segregation of, any person, or group of 14 persons on account of race, color, creed, religion, 15 sex, marital status, age, handicap, ancestry or 16 national origin, in the sale, lease, sublease, 17 transfer, use, ocoupanoy, tenure or enjoyment of the 18 premises, nor shall the transferee himself or herself 19 or any person claiming under or through him or her, 20 establish or permit any such praotice or practices of 21 discrimination or segregation with reference to the 22 selection, location, number use or occupancy' of 23 tenants, lessees, subtenants, sub1essees or vendees of 24 the premises." 25 B. [402] Maintenanoe of the Site 26 1. Partioipant agrees to maintain the Site in a 27 reasonably neat and attractive manner for a construction site 28 until construotion of the improvements desoribed in this Agreement DAB/bg/America3.Agr 19 September 23, 1991 o o o. o o 1 is complote so as not to, in the reasonable determination of an 2 appropriate officer of the City, be a public nuisance, or be 3 detrimental to the health, safety and welfare, or impair value of 4 property within one thousand (1,000) feet of the Site, and agrees 5 that in the event Participant fails to do so, after thirty (30) 6 days written notice, Agency may enter upon the Site for the 7 purposes of performing necessary and desirable maintenance, that 8 Participant will be responsible for the cost of any such 9 maintenance undertaken by Agency, which shall be paid wi thin 10 thirty (30) days after receipt by Participant of written demand 11 therefor. 12 2. Participant further agrees to maintain the 13 Participant Improvements and all other improvements on the Site 14 and to keep the Property free from any material accumulation of 15 debris or waste materials. 16 3. Participant shall also maintain the landscaping 17 required to be planted under this Agreement in a healthy 18 condition. If, at any time, Participant fails to maintain said 19 landscaping, and said condition is not corrected after expiration 20 of thirty (30) days from date of written notice from Agency, 21 Agency may perform the necessary landscape maintenance and 22 Participant shall pay such costs as are reasonably incurred for 23 such maintenance. 24 Participant agrees to prepare and record 25 Covenants, Conditions and Restrictions approved by Agency, 26 consistent with foregoing paragraphs 2 and 3 of this Section 402. 27 I I I 28 III DAB/bg/America3.Agr 20 September 23, 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 0' o o 4. Issuance of a Certificate of Completion by Agency shall not affect Participant's obligations under Paragraphs 2 and 3 of this Section. C. [403] Rights of Access Participant hereby grants to Agency, for itself and for the City and other public agencies, at their sole risk and expense, 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 limit any rights which the City or Agency may have by operation of law irrespective of this Agreement. D. Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction The covenants established in this Agreement shall, wi thout regard to technical classification and designation, be binding for the benefit and in favor of Agency, its successor$ 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. Agency is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the DAB/bg/America3.Agr 21 September 23, 1991 [404] o o o ;c.,,,,, o o 1 land, for and in its own rights and for the purposes of protecting 2 the interests of the community and other parties, public or 3 private, in whose favor and for whose benefit this Agreement and 4 the covenants running with the land have been provided. The 5 Agreement and the covenants shall run in favor of Agency, without 6 regard to whether Agency has been, remains or is an owner of any 7 land or interest therein in the Site or in the Project Area. 8 Agency shall have the right, if the Agreement or covenants are 9 breached, to exercise all rights and remedies, and to maintain any 10 actions or suits at law or in equity or other proper proceedings 11 to enforce the curing of such breaches to which it or any other 12 beneficiaries of this Agreement and covenants may be entitled. 13 V. [500] GENERAL PROVISIONS 14 A. [501] Notices, Demands and Communications Between 15 the Parties 16 Written notices, demands and communications between 17 Agency and Participant shall be sufficiently given if delivered by 18 hand (and a receipt therefor is obtained or is refused to be 19 given) or dispatched by registered or certified mail, postage 20 prepaid, return receipt requested, to the principal offices of 21 Agency and Participant. Such written notices, demands and 22 communications may be sent in the same manner to such other 23 addresses as such party may from time to time designate by mail as 24 provided in this Section 501. 25 Any written~otice, demand or communication shall be 26 deemed received immediately if delivered by hand and shall be 27 deemed received on the tenth day from the date it is postmarked if 28 delivered by registered or certified mail. DAB/bg/America3.Agr 22 September 23, 1991 o o o. o o 1 B. [502] Conflicts of Interest; Nonliability 2 No member, official or employee of Agency shall have 3 any personal interest, direct or indirect, in this Agreement. No 4 member, official or employee shall participate in any decision 5 relating to the Agreement which affects his personal interests or 6 the interests of any corporation, partnership or association in i which he is directly or indirectly interested. No member, 8 official or employee of Agency shall be personally liable to 9 Participant, or any successor in interest, in the event of any 10 default or breach by Agency or Participant, or for any amount 11 which may become due to Participant or its successor or on any 12 obligations under the terms of this Agreement. 13 Participant represents and warrants that it has not 14 paid or given, and shall not payor give, any third party any 15 money or other consideration for obtaining this Agreement. 16 C. [503] Enforced Delay; Extension of Times of 17 Performance 18 In addition to specific provisions of this Agreement, 19 performance by either party hereunder shall not be deemed to be in 20 default, anc2 all performance anc2 other dates specified in this 21 Agreement shall be extended, where delays or defaults are due to: 22 war; insurrection; floods; earthquakes; fires; casualties; acts of 23 God; acts of the public enemy; freight embargoes; governmental 24 restrictions or priority; litigation; unusually severe weather; 25 acts or omissions of another party; acts or failures to act of the 26 City of San Bernardino or any other public or governmental agency 27 or entity (other than the acts or failures to act of Agency which 28 shall not excuse performance by Agency); or any other causes DAB/bg/America3.Agr 23 September 23, 1991 ""'---";,':_~ ':. o o 0" o o 1 beyond the control or without the fault of the party claiming an 2 extension of time to perform. Notwithstanding anything to the 3 contrary in this Agreement, an extension of time for any such 4 cause shall be for the period of the enforced delay and shall 5 commence to run from the time of the commencement of the cause, if 6 notice by the party claiming such extension is sent to the other 7 party within thirty (30) days of the commencement of the cause. 8 Times of performance under this Agreement may also be extended in 9 writing by the mutual agreement of Agency and Participant. 10 Participant is not entitled pursuant to this Section 11 503 to an extension of time to perform because of past, present, 12 or future difficulty in obtaining suitable temporary or permanent 13 financing for the development of the Site. 14 D. [504] Inspection of Books and Records 15 Agency has the right at all reasonable times to inspect 16 the books and records of Participant pertaining to the Site as 17 pertinent to the purposes of this Agreement. Participant has the 18 right at all reasonable times to inspect the public records of 19 Agency pertaining to the Property as pertinent to the purposes of 20 the Agreement. The parties understand and agree that the books 21 and records of Participant shall be maintained at Participant's 22 offices in Chicago, Illinois. 23 VI. [600] DEFAULTS AND REMEDIES 24 A. [601] Defaults - - General 25 Subject to the extensions of time set forth in Section 26 503, a material failure or delay by any party to perform any term 27 or provision of this Agreement constitutes a default under this 28 Agreement where such failure or delay has an adverse effect on the DABjbgjAmerica3.Agr 24 September 23, 1991 ;.;.';,,,'~'::_- o o 0" o o 1 other party's right or interest under this Agreement. The party 2 who so fails or delays must immediately commence to cure, correct, 3 or remedy such failure or delay, and shall complete such cure, 4 correction or remedy with diligence. 5 The injured party shall give written notice of default 6 to the party in default, specifying the default complained of by 7 the injured party. Except as required to protect against further 8 damages, and except for Sections 319 and 321 of this Agreement, 9 the injured party may not institute proceedings against the party 10 in default until thirty (30) days after giving such notice. 11 Failure or delay in giving such notice shall not constitute a 12 waiver of any default, nor shall it change the time of default. 13 B. [602] Legal Actions 14 1. [603] Institution of Legal Actions 15 In addition to any other rights or remedies 16 hereunder, Agency or Participant may institute legal action to 17 cure, correct or remedy any default, to recover damages for any 18 default, or to obtain any other remedy consistent with the purpose 19 of this Agreement. Any legal actions initiated pursuant to this 20 Agreement or otherwise with respect to its subject matter must be 21 instituted in the Superior Court of the County of San Bernardino, 22 State of California, or in an appropriate municipal court in that 23 county. 24 2. [604] Applicable Law 25 The laws of the State of California shall govern 26 the interpretation and enforcement of this Agreement. 27 III 28 III DAB/bg/America3.Agr 25 September 23, 1991 '~_. o o 0' o o 1 3. [605] Acceptance of Service of Process 2 In the event that any legal action is commenced by 3 Participant against Agency, service of process on Agency shall be 4 made by personal service upon the Executive Director or in such 5 other manner as may be provided by law. 6 In the event that any legal action is commenced by i any party against Participant, service of process on such party 8 shall be made by personal service upon Participant or in such 9 other manner as may be provided by law, and shall be valid whether 10 made within or without the State of California. 11 C. [606] Rights and Remedies Are Cumulative 12 Except as otherwise expressly stated in this Agreement, 13 the rights and remedies of the parties are cumulative, and the 14 exercise by any party of one or more of such rights or remedies 15 shall not preclude the exercise by it, at the same or different 16 times, of any other rights or remedies for the same default or any 17 other default by any other party. 18 D. [607] Inaction Not a Waiver of Default 19 Any failures or delays by any party in asserting any of 20 its rights and remedies as to any default shall not operate as a 21 waiver of any default or of any such rights or remedies, or 22 deprive any party of its right to institute and maintain any 23 actions or proceedings which it may deem necessary to protect, 24 assert or enforce any such rights or remedies. 25 E. [608] Remedies and Rights of Termination 26 1. [609] Damages 27 Prior to the recordation of a Certificate of 28 Completion with respect to all of the Participant Improvements, if DAB/bg/America3.Agr 26 September 23, 1991 -....- o o o. o o 1 either Participant or Agency defaults with regard to any of the 2 provisions of this Agreement, the non-defaulting party shall serve 3 written notice of such default upon the defaulting party. If the 4 default is not cured by the defaulting party within thirty (30) 5 days after service of the notice of default, the defaulting party 6 shall be liable to the other for any damages, cost, liability or 7 expenses suffered by the non-defaulting party as a direct result 8 of the default, provided that neither party hereunder shall be 9 liable for indirect, special or consequential damages. 10 2. [610] Specific Performance 11 As an option to an action for damages as provided 12 in Section 609, the non-defaulting party may institute an action 13 for specific performance of the terms of this Agreement. 14 VII. [700] SPECIAL PROVISIONS 15 A. [701] Submission of Documents to Agency for 16 Approval. 17 Whenever this Agreement requires Participant to submit 18 plans, drawings or other documents to Agency for approval, which 19 shall be deemed approved if not acted on by Agency within the 20 specified time, said plans, drawings or other documents shall be 21 accompanied by a letter stating that they are being submitted and 22 will be deemed approved unless rejected by Agency within- the 23 stated time. If there is not a time specified herein for such 24 Agency action, Participant may submit a letter requiring Agency 25 approval or rejection of documents within thirty (30) days after 26 submission to Agency or such documents shall be deemed approved. 27 III 28 III DAB/bg/America3.Agr 27 September 23, 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 0- o o 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. Participant agrees to prepare and record covenants, conditions and Restrictions approved by Agency which incorporate the provisions of Section 401 and Section 402 subsections 2 and 3 which may not be amended nor revoked without the approval of Agency. VIII. [800] ENTIRE AGREEMENT, WAIVERS This Agreement is executed in four (4) duplicate originals, each of which is deemed to be an original. This Agreement includes pages 1 through 32 and Attachments 1 through 6, which constitute the entire understanding and agreement of the parties. No private entity shall be deemed to be a third party beneficiary with respect to any provisions of this Agreement. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements among the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of Agency and Participant, and all am~ndments hereto must be in writing by the appropriate authorities of Agency and Participant. III III DAB/bg/America3.Agr 28 September 23, 1991 . ~;.;^,:;;;;';:',,-,..;;...." o o o. o o 1 Each individual signing below represents and warrants 2 that he has the authority to execute this Agreement on behalf of 3 and bind the party he purports to represent. 4 IX. [900] TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY 5 This Agreement, when executed by Participant and delivered 6 to Agency, must be authorized, executed and delivered by Agency on 7 or before thirty (30) days after signing and delivery of this 8 Agreement by Participant or this Agreement shall be void, except 9 to the extent that Participant shall consent in writing to a 10 further extension of time for the authorization, execution and 11 delivery of this Agreement. The date of this Agreement shall be 12 the date when it shall have been signed by the Agency as evidenced 13 by the date first above shown. 14 III 15 III 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III DAB/bg/America3.Agr 29 September 23, 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 AMERXCAN NATXONAL CAN AGREEMENT IN WITNESS WHEREOF, Agency, and Participant have executed this Agreement on the day and date first above shown. "Agency" REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: Executive Director "Participant" AMERICAN NATIONAL CAN COMPANY /JB;: 4Lv 41~ /~/' / By: PROGRAM: APPROVED AS TO FORM AND LEGAL CONTENT: BY'~~.J ./Agency C se1 DAB/bg/America3.Agr 30 September 23, 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 STATE OF CALIFORNIA ) )ss. ) COUNTY OF SAN BERNARDINO On this day of , in the year , before me, the undersigned, a Notary Public in and for the State of California, personally appeared Kenneth J. Henderson 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/bg/America3.Agr 31 September 23, 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 STATE OF CALIFORNIA ) )ss. ) COUNTY OF SAN BERNARDINO On before me, the undersigned, a Notary Public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President and the of the corporation that executed the wi thin instrument, and acknowledged to me that such corporation executed the same. WITNESS my hand and official seal. DAB/bg/America3.Agr 32 September 23, 1991 --"". o o 0'- o o PAR "A- \. '\ ",-" Site Map ATTACHMENT NO. 1 o o 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o 1 2 3 4 5 6 ATTACHMENT NO. 2 PARCEL "A": PARCEL NO. 1 OF PARCEL MAP NO. 4202, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 40 OF MAPS, PAGES 45 AND 46, RECORDS OF SAID COUNTY. TOGETHER WITH AN EASEMENT AND RIGHT OF WAY OVER, ALONG AND ACROSS THE SOUTHERLY 42 FEET OF THE ABOVE DESCRIBED PROPERTY, SAID DISTANCE BEING MEASURED AT RIGHT ANGLES TO THE SOUTHERLY LINE OF SAID PROPERTY, FOR PUBLIC UTILITY PURPOSES, DRAINAGE PURPOSES, AND RAILROAD SPUR TRACKS, TOGETHER WITH THE RIGHT TO APPORTION THE USE THEREOF AMONG THE SEVERAL OWNERS UPON THE CONVEYANCE OF ANY PORTION OF THE DOMINATE ESTATE WHICH IS THE REMAINING LAND IN THE AREA OWNED BY THE GRANTOR. 7 PARCEL NO. "l-A": AN EASEMENT 80 FEET WIDE FOR ROAD PURPOSES OVER A PORTION OF SECTIONS 12 AND 13, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE EXTENSION OF THE LINES OF THE OFFICIAL GOVERNMENT SURVEY EXTENDED INTO RANCHO MUSCUPIABE, DESCRIBED AS FOLLOWS: BEING 40 FOOT ON EITHER SIDE OF THE CENTER LINE WHICH IS DESCRIBED AS FOLLOWS: THE 40 FOOT LINES BEING LENGTHENED OR SHORTENED TO INTERSECT THE SOUTHEASTERLY LINE OF PALM AVENUE AND THE WESTERLY LINE OF THE PROPERTY CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED JULY 27, 1948, IN BOOK 2268, PAGE 146, OFFICIAL RECORDS, AS DOCUMENT NO. 131. BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED OCTOBER 25, 1955 IN BOOK 3772, PAGE 93, OFFICIAL RECORDS, AND DESCRIBED AS PARCEL "C", IN THE ABOVE MENTIONED DEED, SAID SOUTHWEST CORNER BEING ON THE EASTERLY LINE OF PALM AVENUE, 40 FEET WIDE, AS IT NOW EXISTS; THENCE SOUTH 27 DEG. 15' 41" WEST, 642.71 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTER LINE; THENCE SOUTH 33 DEG. 55' 29" EAST, 1366.00 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 464.00 FEET AND A CENTRAL ANGLE OF 61 DEG. 22' 04"; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE CENTER LINE OF SAID CURVE, A DISTANCE OF 496.98 FEET TO A TANGENT LINE; THENCE NORTH 79 DEG. 42' 27" EAST, 354.26 FEET TO A TANGENT CURVE CONCAVE TO THE SOl!TH,- HAVING A RADIUS OF 286.00 FEET, AND A CENTRAL ANGLE OF 61 DEG. 34'; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE CENTER LINE OF SAID CURVE, A DISTANCE OF 307.32 FEET TO A TANGENT LINE; THENCE SOUTH 38 DEG. 43' 33" EAST, 780.25 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF Page 1 of 3 DAB/bg/America3.Agr September 23, 1991 o o 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0' o o 1 2 3 4 5 6 1986.00 FEET, AND A CENTRAL ANGLE OF 11 DEG. 29' 20"; THENCE SOUTHEASTERLY 398.23 FEET ALONG THE CENTER LINE OF SAID CURVE TO A TANGENT LINE; THENCE SOUTH 27 DEG. 14' 13" EAST, 1207.52 FEET ALONG SAID LINE TO A POINT IN A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE A DISTANCE OF 471.24 FEET TO A POINT IN A TANGENT LINE; THENCE NORTH 62 DEG. 45' 47" EAST ALONG SAID LINE A DISTANCE OF 120.00 FEET TO A POINT IN A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 640.00 FEET; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE A DISTANCE OF 245.56 FEET TO A POINT OF TERMINATION IN SAID RIGHT-OF-WAY OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT. i PARCEL "B": PARCEL 2 OF PARCEL MAP NO. 4202, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 40 OF PARCEL MAPS, PAGES 45 AND 46, RECORDS OF SAID COUNTY. PARCEL "B-1": AN EASEMENT 80 FEET WIDE FOR ROAD PURPOSES OVER A PORTION OF SECTIONS 12 AND 13, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE EXTENSION OF THE LINES OF THE OFFICIAL GOVERNMENT SURVEY EXTENDED INTO RANCHO MUSCUPIABE, DESCRIBED AS FOLLOWS: BEING 40 FEET ON EITHER SIDE OF THE CENTER LINE WHICH IS DESCRIBED AS FOLLOWS: (THE 40 FOOT LINES BEING LENGTHENED OR SHORTENED TO INTERSECT THE SOUTHEASTERLY LINE OF PALM AVENUE AND THE WESTERLY LINES OF THE PROPERTY CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED JULY 27, 1948 IN BOOK 2268, PAGE 146, OFFICIAL RECORDS, AS DOCUMENT NUMBER 131). BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED OCTOBER 25, 1955 IN BOOK 3772, PAGE 93, OFFICIAL RECORDS, AND DESCRIBED AS PARCEL "CO IN THE ABOVE MENTIONED DEED, SAID SOUTHWEST CORNER BEING ON THE EASTERLY LINE OF PALM AVENUE, 40 FEET WIDE, AS IT NOW EXISTS; THENCE SOUTH 27 DEG. 15' 41" WEST, 642.71 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTER LINE; THENCE SOUTH 38 DEG. 55' 29" EAST, 1366.00 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 464.00 FEET AND A CENTRAL ANGLE OF 61 DEG. 22' 04"; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE CENTER LINE OF SAID CURVE A DISTANCE OF 496.98 FEET TO TANGENT LINE; THENCE NORTH 79 DEG. 42' 27" EAST, 354.26 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 286.00 FEET, AND A CENTRAL ANGLE OF 61 DEG. 34' THENCE EASTERLY AND SOUTHEASTERLY ALONG THE CENTER LINE OF SAID CURVE A DISTANCE OF 307.32 FEET TO A TANGENT LINE; THENCE SOUTH 38 DEG. 43' 33" EAST, 780.25 FEET TO Page 2 of 3 DAB/bg/America3.Agr September 23, 1991 EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL 1 OF PARCEL 9 MAP NO. 4202. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o o o 1 2 3 4 5 6 7 8 A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1986.00 FEET; AND A CENTRAL ANGLE OF 11 DEG. 29' 20" ; THENCE SOUTHEASTERLY 398.23 FEET ALONG THE CENTER LINE OF SAID CURVE TO A TANGENT LINE; THENCE SOUTH 27 DEG. 14' 13" EAST, 1207.52 FEET ALONG SAID LINE TO A POINT IN A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE A DISTANCE OF 471.24 FEET TO A POINT IN A TANGENT LINE; THENCE NORTH 62 DEG. 45' 47" EAST ALONG SAID LINE A DISTANCE OF 120.00 FEET TO A POINT IN A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 640.00 FEET; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE A DISTANCE OF 245.56 FEET TO A POINT OF TERMINATION IN SAID RIGHT-OF-WAY, OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT. (SHOWN AS INDUSTRIAL PARKWAY [PRIVATE] ON SAID PARCEL MAPS). Page 3 of 3 DAB/bg/America3.Agr September 23, 1991 ''"''..,.. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 3. 1. 2. o 15 16 17 18 19 20 4. 21 22 23 24 25 26 27 28 o. o o ATTACHMENT NO. 3 SCHEDULE OF PERFORMANCE Execution of Agreement by Agency. Agency shall approve and execute this Agreement, and shall deliver one (1) copy thereof to Participant. Obtain Design Review Approval. Agency and Ci ty approve Design Concept Drawings (sufficient time shOUld be allowed for possible ini tial denial by either Agency or City). Not later than thirty (30) days after the date of execution and submission of two (2) copies of this Agreement to Agency by Participant. Not later than one hundred twenty (120) days after the effective date of this Agreement. Submit Completed Construction and grading plans. Participant will submit completed construction and grading plans and all other plans and documents required by Section 304. Not later than one hundred eighty (180) days after the Design Review Approval or three hundred (300) days after the effective date of this Agreement, whichever is greater. Obtain plan check approval, obtain building permits and commence construction, Participant shall obtain necessary plan check approval, obtain all building permi ts and begin construction. Not later than sixty ( 60) days after the submission of completed construction and grading plans or three hundred sixty (360) days after the effective date of this Agreement, whichever is greater. DAB/bg/America3.Agr September 23, 1991 o Not later than twenty-four (24) calendar months from the effective date of this Agreement. September 23, 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 SCOPE OF DEVELOPMENT I. GENERAL DESCRIPTION The Site is specifically delineated (Attachment NO.1) and the Legal Description pursuant to Section 103 of this Agreement. on the Site Map (Attachment No.2) II. DEVELO~MENT Participant shall develop the Site with a beverage can plant consisting of at least 200,000 square feet, having a completed assessed value of at least $45,000,000. 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 constitute the "Basic Participant Improvements." The Basic Participant Improvements and all those off-site improvements, which are required in connection 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 Participant shall commence and complete the Participant Improvements by the respective times established therefor in the Schedule of Performance (Attachment No.3). The Participant shall provide parking in conformity with all applicable City requirements, or as a variance may be applied for and approved. III. DEVELOPMENT STANDARDS The following development standards shall apply to the Participant Improvements: A. Setbacks. Minimum setbacks shall conform to the San Bernardino Municipal Code (the "City Code"); and the Redevelopment Plan. B. VehicUlar Access. The placement of vehicular driveways shall be coordinated with the needs of proper street traffic flow. In the interest of minimizing traffic congestion, City will control the number and location of curb breaks for access to the Property for off-street parking and truck loading. The parties anticipate that there will be at least three (3) such curb breaks. c. provided. Loading. Adequate loading and unloading space shall be Loading spaces visible from streets shall be landscaped Page 1 of 3 DAB/bg/America3.Agr September 23, 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 or screened to prevent an unsightly or barren appearance. Said requirements shall also conform to the City Code. D. Signs. Signs shall be limited in size, subdued and otherwise designed to contribute positively to the environment. Signs identifying the use will be permitted, but their height, size, location, color, lighting and design will be subject to Agency and City approval, and signs must conform to the City Code. E. Screening. All outdoor storage of materials or equipment shall be enclosed or screened to the extent and in the manner required by Agency and the City. F. Landscaping. The Participant shall provide and maintain landscaping within the public rights-of-way and within setback area along all street frontages and conforming with the Design Concept Drawings as approved by Agency. Such landscaping shall meet the requirements of the City, or as a variance may be applied for and approved. G. utilities. Sewer drainage and utility lines, conduits or systems shall not be constructed or maintained above the ground level of the Property unless such installations are within approved enclosed structures, and shall conform to requirements of the City of San Bernardino or other applicable governmental or private agency having jurisdiction of the work. Storm drainage for all hard surfaced areas shall be drained or may be sheet flowed to storm sewers. No drainage shall flow across public sidewalks. All non polluted waste water, such as waste air conditioning water, shall be drained to the storm or sanitary drainage systems as permitted by local codes. IV. PUBLIC IMPROVEMENTS AND UTILITIES Any required public improvements or utilities, whether off- site or on-site, shall be the responsibility of Participant. V. DEMOLITION AND SOILS Participant assumes all responsibility for surface and subsurface conditions at the Property, and the suitability of the Property for the Participant Improvements. If the surface and subsurface conditions are not entirely suitable for such development and use, Participant shall at its cost take all actions necessary to render the Property entirely sui table for such development. Participant has undertaken all investigation of the Property it has deemed necessary and has not received or relied upon any representations of Agency, the City, or their respective officers, a~ents and employees. Part1,.cipant shall undertake at its cost all demolition required in connection with the development of Participant Improvements. Page 2 of 3 DAB/bg/America3.Agr September 23, 1991 o 8 9 10 11 12 13 14 o 15 16 17 18 19 20 21 22 23 24 25 26 27 o. 28 o o 1 2 3 4 5 6 Should Agency agree, which agreement shall not be unreasonably withheld, that unforeseen changes in the circumstances are so significant as to make it commercially impractical to complete the project improvements, Participant may terminate this Agreement upon repayment to Agency of any and all costs and expenses incurred by Agency in connection with this Agreement. i Page 3 of 3 DAB/bg/America3.Agr September 23, 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: ) ) ) ) ) ) ) ) ) [Space above for Recorder.] CERTIFICATE OF COMPLETION FOR CONSTRUCTION AND DEVELOPMENT WHEREAS, pursuant to that certain Owner's Participation Agreement entered into between the Agency, and American National Can Company ("Participant") dated as of ("OPA"), 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 Property required by the OPA has been satisfactorily completed; NOW THEREFORE, 1. The Agency does hereby certify that the construction 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 Page 1 of 2 DAB/bg/America3.Agr September 23, 1991 1 2 3 4 5 6 7 8 9 10 11 12 13 14 o 15 16 17 18 19 o o. 20 21 22 23 24 25 26 27 28 o o STATE OF CALIFORNIA ) )ss. ) COUNTY OF SAN BERNARDINO On this day of ,19 before me, the undersigned, a Notary Public in and for said State, personally appeared , 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 that the Redevelopment Agency of the City of San Bernardino executed it. . Signature of Notary Public SEAL Page 2 of 2 DAB/bg/America3.Agr September 23, 1991 1 o 2 o 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o EXHIBIT 1 3 PARCEL "A": 4 PARCEL NO. 1 OF PARCEL MAP NO. 4202, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 40 5 OF MAPS, PAGES 45 AND 46, RECORDS OF SAID COUNTY. 6 TOGETHER WITH AN EASEMENT AND RIGHT OF WAY OVER, ALONG AND ACROSS THE SOUTHERLY 42 FEET OF THE ABOVE DESCRIBED PROPERTY, SAID DISTANCE BEING MEASURED AT RIGHT ANGLES TO THE SOUTHERLY LINE OF SAID PROPERTY, FOR PUBLIC UTILITY PURPOSES, DRAINAGE PURPOSES, AND RAILROAD SPUR TRACKS, TOGETHER WITH THE RIGHT TO APPORTION THE USE THEREOF AMONG THE SEVERAL OWNERS UPON THE CONVEYANCE OF ANY PORTION OF THE DOMINATE ESTATE WHICH IS THE REMAINING LAND IN THE AREA OWNED BY THE GRANTOR. - , PARCEL NO. "l-A": AN EASEMENT 80 FEET WIDE FOR ROAD PURPOSES OVER A PORTION 01' SECTIONS 12 AND 13, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE EXTENSION OF THE LINES OF THE OFFICIAL GOVERNMENT SURVEY EXTENDED INTO RANCHO MUSCUPIABE, DESCRIBED AS FOLLOWS: BEING 40 FOOT ON EITHER SIDE OF THE CENTER LINE WHICH IS DESCRIBED AS FOLLOWS: THE 40 FOOT LINES BEING LENGTHENED OR SHORTENED TO INTERSECT THE SOUTHEASTERLY LINE OF PALM AVENUE AND THE WESTERLY LINE OF THE PROPERTY CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED JULY 27, 1948, IN BOOK 2268, PAGE 146, OFFICIAL RECORDS, AS DOCUMENT NO. 131. BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED OCTOBER 25, 1955 IN BOOK 3772, PAGE 93, OFFICIAL RECORDS, AND DESCRIBED AS PARCEL "CO, IN THE ABOVE MENTIONED DEED, SAID SOUTHWEST CORNER BEING ON THE EASTERLY LINE OF PALM AVENUE, 40 FEET WIDE, AS IT NOW EXISTS; THENCE SOUTH 27 DEG. 15' 41" WEST, 642.71 FEET TO THE TRUE POINT OF BEGINNING OF SAID CENTER LINE; THENCE SOUTH 33 DEG, 55' 29" EAST, 1366.00 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 464.00 FEET AND A CENTRAL ANGLE OF 61 DEG. 22' 04"; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE CENTER LINE OF SAID CURVE, A DISTANCE OF 496.98 FEET TO A TANGENT LINE; THENCE NORTH 79 DEG. 42' 27" EAST, 354.26 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 286.00 FEET, AND A CENTRAL ANGLE OF 61 DEG. 34'; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE CENTER LINE OF SAID CURVE, A DISTANCE OF 307.32 FEET TO A TANGENT LINE; THENCE SOUTH 38 DEG. 43' 33" EAST, 780.25 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF Page 1 of 3 DAB/bg/America3.Agr September 23, 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 0'. o o 1986.00 FEET, AND A CENTRAL ANGLE OF 11 DEG. 29' 20"; THENCE SOUTHEASTERLY 398.23 FEET ALONG THE CENTER LINE OF SAID CURVE TO A TANGENT LINE; THENCE SOUTH 27 DEG. 14' 13" EAST, 1207.52 FEET ALONG SAID LINE TO A POINT IN A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE A DISTANCE OF 471.24 FEET TO A POINT IN A TANGENT LINE; THENCE NORTH 62 DEG. 45' 47" EAST ALONG SAID LINE A DISTANCE OF 120.00 FEET TO A POINT IN A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 640.00 FEET; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE A DISTANCE OF 245.56 FEET TO A POINT OF TERMINATION IN SAID RIGHT-OF-WAY OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT. PARCEL "B": PARCEL 2 OF PARCEL MAP NO. 4202, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 40 OF PARCEL MAPS, PAGES 45 AND 46, RECORDS OF SAID COUNTY. PARCEL "B-1": AN EASEMENT 80 FEET WIDE FOR ROAD PURPOSES OVER A PORTION OF SECTIONS 12 AND 13, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE EXTENSION OF THE LINES OF THE OFFICIAL GOVERNMENT SURVEY EXTENDED INTO RANCHO MUSCUPIABE, DESCRIBED AS FOLLOWS: BEING 40 FEET ON EITHER SIDE OF THE CENTER LINE WHICH IS DESCRIBED AS FOLLOWS: (THE 40 FOOT LINES BEING LENGTHENED OR SHORTENED TO INTERSECT THE SOUTHEASTERLY LINE OF PALM AVENUE AND THE WESTERLY LINES OF THE PROPERTY CONVEYED TO SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED JULY 27, 1948 IN BOOK 2268, PAGE 146, OFFICIAL RECORDS, AS DOCUMENT NUMBER 131). BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED OCTOBER 25, 1955 IN BOOK 3772, PAGE 93, OFFICIAL RECORDS, AND DESCRIBED AS PARCEL "C" IN THE ABOVE MENTIONED DEED, SAID SOUTHWEST CORNER BEING ON THE EASTERLY LINE OF PALM AVENUE, 40 FEET WIDE, AS IT NOW EXISTS; THENCE SOUTH 27 DEG. 15' 41" WEST, 642.71 FEET TO THE ~RUE POINT OF BEGINNING OF SAID CENTER LINE; THENCE SOUTH 38 DEG. 55' 29" EAST, 1366.00 FEET TO A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 464.00 FEET AND A CENTRAL ANGLE OF 61 DEG. 22' 04"; THENCE SOUTHEASTERLY AND EASTERLY ALONG THE CENTER LINE OF SAID CURVE A DISTANCE OF 496.98 FEET TO TANGENT LINE; THENCE NORTH 79 DEG. 42' 27" EAST, 354.26 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 286.00 FEET, AND A CENTRAL ANGLE OF 61 DEG. 34' THENCE EASTERLY AND SOUTHEASTERLY ALONG THE CENTER LINE OF SAID CURVE A DISTANCE OF 307.32 FEET TO A TANGENT LINE; THENCE SOUTH 38 DEG. 43' 33" EAST, 780.25 FEET TO Page 2 of 3 DAB/bg/America3.Agr September 23, 1991 1 2 3 4 5 6 7 8 9 10 11 12 13 14 o 15 16 o o 17 18 19 20 21 22 23 24 25 26 27 28 o o A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1986.00 FEET; AND A CENTRAL ANGLE OF 11 DEG. 29' 20"; THENCE SOUTHEASTERLY 398.23 FEET ALONG THE CENTER LINE OF SAID CURVE TO A TANGENT LINE; THENCE SOUTH 27 DEG. 14' 13" EAST, 1207.52 FEET ALONG SAID LINE TO A POINT IN A TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 300.00 FEET; THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE A DISTANCE OF 471.24 FEET TO A POINT IN A TANGENT LINE; THENCE NORTH 62 DEG. 45' 47" EAST ALONG SAID LINE A DISTANCE OF 120.00 FEET TO A POINT IN A TANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 640.00 FEET; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE A DISTANCE OF 245.56 FEET TO A POINT OF TERMINATION IN SAID RIGHT-OF-WAY, OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT. (SHOWN AS INDUSTRIAL PARKWAY [PRIVATE] ON SAID PARCEL MAPS). EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL 1 OF PARCEL MAP NO. 4202. Page 3 of 3 DAB/bg/America3.Agr September 23, 1991 Con!'~,: I~. OWATER ~,~~~~TM~~T 300 N. "0" STIEET '2411 . r. O. lOX 71. '2402 SAN BERNARDINO, CALIFORNIA (714) 384-5141 Auignment No. o ao.ROOf WA"R COMMIS"ON'" PllSIDl"'T MARGARET H. CHANDLER co..MlS$IQto;ns IOBERT BIVENS lMlllACAlCIA y.MlS H. URATA. HAROLD W. WILLIS if"~ 8<,.\ a- ."'.,:. t .....' :. _ 2 l". _, :: , . .t. . ~. "'''Eft O'tt HERBERT 8. Wl5SEL QJ'IIUW. MAltiAGll JQSlPH F. STl)SKAl DIIICTOI.l"CI...UII"llGo COJrtlITlUCfI()lrro.MA.I/lIITlflUl/lllCI IlRNARD C. KElSEY DlUCIOI. ADMl/llllSTWfON I FINANeI DU,&.Nl B. NOR1ON DluC1Ol.WATt:1 lUcLAMAfIO<ll herlby Issigns III right, title Ind intlrnt for caplcity right Is) purchased in Iccordlnce with tha tlrms Ind conditions of thl Purchasl Agreement or thl Term Purchl" Agreement for sewer caplcity rights b8tweln the City 01 San Bernardino and the ul\llerslgned to: II) The City 01 San Blrnardino for the purposI 01 resale by the City. lb) Thl City 01 San Bernardino, in satislaction 01 the sewer connection fee pursuant to Sac1ion 13.08.05OIB) of the Code of Ordinancas, City of San Bernardino, California, or the City of Lome Linda or East Vallay Water District in satislaction of the sewlr connection fee due to the City 01 San Bernardino pursuant to their applicable ordinances. Ic) Name Add.... o in conjunction with the sale of certain roal property described in Exhibit" A" which is anached to this Assignment Form. This assignment is not effective until the close of escrow for thl Slle of the Exhibit "A" property. Assignor acknowledges that the City of San Bernardino .hall not be held liable for any legl' or other consequences of this assignment. Assignor further acknowledges that the City of San Bernardino I. not privy to any contract or agreement with any other party al\ll to the extent that this assignment i. made pursuant to, or In derogation of, any contract or agreemant, or in accordance with any obli. gation of the Assignor, by acceptance of this Assignment the City of San Bernardino assumes no liability for damagas or loss resulting from any breach of Slid contract or agroement. ASSIGNOR: Company (Type or Print) Date: By: Title INDIVIDUAL ASSIGNOR: Date: Signature Print or Type Name o. ACCEPTED: CITY OF SAN BERI-kAROINO . By: Title Attachment 6 o o o. !lIlIl J. - o 0 U N S E CUR E D NOT E $377,750.00 San Bernardino. Califcrnia September 30,1991 On or before September 30, 1996, for value received, the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO promises to pay to the CITY OF SAN BERNARDINO, or order, at San Bernardino, California, the sum of Three Hundred Seventy Seven Thousand Seven Hundred Fifty and no/100 Dollars ($377,750.00), with interest from September 30, 1991. Interest to be paid at the rate of Six per centum (6~) per annum. To be paid in five annual payments of Seventy Five Thousand Five Hundred Fifty and nO/100 Dollars ($75,550.00) principal plus accrued interest on September 30 of each year with the first payment due on September 30, 1992. The undersigned reserves the right to prepay at any time all or any part of the principal amount of this Note without the payment of penalties or premiums. Principal and interest are payable in lawful money of the United States. If action be instituted on this note, the undersigned promises to pay such sum as the Court may adjudge as attorney's fees. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA By: Chairman By: Secretary Approved at to form and legal content: ~(v Agency se 1