Loading...
HomeMy WebLinkAbout33-Public Works c- O ,r~' '......, ,,,I 'S&APmp~rtieE3 REAL ESTATE INVESTMENTS. DEVELOPMENT RENTALS: RETAIL STORES. OFFICE. INDUSTRIAL 890 W. Baker Street, - Suite # 200. Coata Meaa. CaliC. 92626 (714) 545-7700 RE: SIMA Part:nerSrip NuJiJer" ere - Project Tho Mill and '~' Streets August 5, 1937 'lIE !1!yor and Camm Coooc:il of the City of San Pernardino City Hill. :IX) North "If' Street San BenmdillO, California 92418 ~ Imorable l1iyor and Coooc:il: We IBve just been advised by Soothern California Fd:iscn that the cost of tIllCiergroorrl the utilities at the above referenced project is approxinBtely four lnmdred thirteen thousand, ($413,OCO.aJ) dOllars. It was always our impression that the undergrounding of utilities was not required (J1 this project. fur belief is suhstantiated by Fdioon' s prier request for funds to relocate eJCisting IXJWer poles rather than undergrounding sare. Nee<1'''''e to rey, the cost of undergrounding these utilities nakes a financially diffiaJlt project not feasible. We request to be tanporarily exanpted fraIl the City's requiraIEnt of undergrounding utilities. We propose that upon the fornatioo of an as,:, ,,,,,t district for the purpose of undergrounding utilities that we will join such a district. To insure that all of our panels will be included in such a district, we IoOJld require that all I=Cels be 00und by conditions, coveoonts and restrictions (''C C & R's") requiring participatioo in the assessTffit district. Thank you for your con.sideratioo. Very truly yours, SIMA PartnerSrlp Nmber ere - Project Tho Irnng M. <lEse OC/v1c cc: J. lbeger ~, ~~~-,!e "~3 ~. , , , .",,- ...,.'....... :) '- .... ' -.....I No, 118 Jan. 1884 MEMORANDUM REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA DATE September 21, 1987 TC> HONORABLE MAYOR AND MEMBERS OF THE COMMON COUNCIL OF SAN BERNARDINO FRC>M Glenda Saul, Executive Director SUBJECT SIMA DEVELOPMENT - SUPPLEMENTAL REPORT FOR AGENDA ITEM 33 Attached is a supplemental report for Item #33 on the regular City agenda, Staff would be glad to answer any additional questions you may have. ';) :f-"'v'--.IJ-.-.-,U~~ . ~~LENDA SAUL, EXECUTIVE DIRECTOR JH:jbh:0280j 33 c t"" '-, () :) SUPPLEMENTAL REPORT ON SIMA DEVELOPMENT ONE (NE COR OF MILL AND "G"STREETS) Attached to this report Is a copy of a letter from SIMA. In the letter SIMA asked for temporary exemption from the requirements of the City to relocate electrical utility lines underground. At the Council meeting of Sep 8 this request was expanded to ask that the requirement be waived If an assessment district were not formed In two years time. Attached to this report are four appendices: A. Planning Commission action of Nov 5, 85 approving PM-9506. B. Plan Ing Commission action of Jul 22, 86 approving PM-9506 (Rvsd). C. RDA staff report for SIMA development agreement, Dec 22, 86. 0, SIMA development agreement, recorded Jan 5, 87. The references In parentheses give page numbers in these appendices where additional details can be found. BACKGROUND In February of 1986 SIMA was asked to stop and accomodate a redesign of the alignment of "G" Street through their project. They had an approved Parcel Map (ready to record), a grading permit, and approved building plans (ready to pull permits). SIMA agreed to stop Its project and cooperate In the delays as long as they were "fl nancl a 11 y made whole". Through the use of appra I sa 1 sand engineering estimates, a reimbursement scheme was agreed upon and Incorporated Into a development agreement between the Agency and SIMA.(C-2) In the drafting the agreement the Agency looked at those costs which had changed as a result of the redesign and the delay. No reimbursement was planned for the cost of providing underground electrical service because Agency Staff understood that to have been a requirement of both the first and the second parcel maps, that Is there was no change caused by the delay, No reimbursement was planned for landscaping because a specific oral statement was made by the developer that they understood they would be responSible for landscaping, No reimbursement was Included for a relocation of the City's water line because the developer's engineer thought It would be provided by an assessment district and did not include It In his estimates. AGENCY ASSISTANCE It Is estimated that the Redevelopment Agency will pay $ 1.1 million dollars Into the SIMA project (C-7). The purpose of this assistance was to Improve the alignment of "G" Street, to Implement the standards of the Overlay Zone, and to begin the Improvement of the planned Intersection of "F" at "G" ~~ c () ,......, J ...... Street. In addition to the normal benefits in jobs and taxes that result from development the project was undertaken because it would "provide the major southern entry for the interior of the CCS Overlay Zone" (C-4). There was no thought at the time of waiving or reducing the requirements of the City generally, nor of compromising the design requirements of the Overlay Zone specifically. A two-way left turn lane was provided in place of landscaped median on the s i gmoi d curve of "G" Street north of Mill. Thl s had to be confi rmed with the developers before the study committee and the Council had made their final decision regarding medians in the balance of the study area. The committee was Informed and planned accordingly. Included In total cost is a direct reimbursement to SIMA of $430,000 to $470,000 depending upon the final cost of certain items (0-33). In addition SIMA was credited $95,000 in costs (as estimated by its engineer) required to relocate "G" street along the new properties and was also credited $128.000 for land that was dedicated by SIMA for the new alignment. This is a total of $653.000 to 693,000 in direct reimbursements and credits to SIMA so that they would not be harmed by the new alignment. The cost of undergrounding electrical utility lines was not Included because the Agency understood that this was a requirement of both the old and the revised parcel maps. "ORIGINAL" PARCEL MAP 9506 The first parcel map contained a standard requirement that said: "All utility lines shall be Installed underground subject to exceptions approved by the Planning Department and the City Engineer." (A-7) There was also a general requirement that all public utilities be constructed In accordance with the City's Code (A-8). The Code requires that lines be undergrounded as a condition of approval of subdivision maps. The conditions of approval also spec I fi ed that the requi red improvement of "G" Street woul d: . "Underground existing overhead power and telephone lines along "G" Street and remove power poles . ." (A-9) SIMA says that they believed these conditions did not apply to them and that their plans were approved without showing the underground service. Nevertheless, other developers (who also thought the conditions did not apply and who had approved plans and who also pulled their building permits at the same time) were required to comply with the requirements before they received Certificates of Occupancy. The Engineering Department had to bring a number of developers Into compliance and this, presumably, would also have been the case with SIMA. "-' c o ~ J REVISED PARCEL MAP 9506 When the revised map was approved by the Commission on Jul 22, 86 there were several conditions relating to the requirement that electrical lines be placed underground. The cover letter to the developer's engineer states: "All utilities, Including the transmission lines less than 66KV and all distribution lines, shall be underground." (B-2) This condition was attached to the map by the Commission (B-7). There was also a condition that required public utilities to conform to the City Code and the City's standards which require that the electrical lines be placed underground (B-8). Finally, there was a specific requirement that "G" Street be Improved by the developer to: "Underground existing overhead power and telephone lines along "G" Street and remove power poles . ." (B-10) To conform with the thinking for the study area there was a condition to widen the landscaping to 25' on "F", "G", and Mill. There were also specific requirements that the developer's: "Landscaping plans . . . conform to the standards adopted by the Central City South Study." (B-7) and that this Include the Improvement of the parcel on the other side of "G" Street which has now become the property of SIMA: "All Improvements for Parcel No.23 shall be borne by the deve loper at no cost to the City." (B-7) All of the conditions and standard requirements contained In the original map were Incorporated In the conditions of the new map. (B-7) DISPOSITION AND JOINT DEVELOPMENT AGREEMENT In addition to the parcel map requirements, it was a specific obligation of the redeveloper under the development agreement: "To construct all the Improvements . . . I n accordance with the requirements of the City. . . and In accordance with the development standards required by the overl ay zone . . ." (0-45) This Included landscaping requirements, use restrictions, outdoor storage prohibitions and other standards In the Devlopment Framework and Design Guidelines for the overlay zone. OOllj /"" '-" C 8--' S&A- P:rc:>p~:rtieE3 I '. . '--''''', '. IlEAL ESTATE INVESTMENTS. DEVELOPMENT RENTALS: RETAIL STORES. OFFICE. INDUSTRIAL 890 W. Baker Streel, - Sulle. 200. C...ta Me... CanL 92626 (714) 545-7700 August 5, 1987 The Mlycr 1DI CaIIIm Council d. the Clty d. San Ill:........ dino Clty lilll' :D> North "D" Street Ssl BemmIi.'Xl, California 92418 RE: SIMA F&.t..,ddp tbiler (he - Project 'lWo Mill aJd 't'" Streets Imr Ib1orab1e Mlyar lIIllI Council: We lave just been lIIvised by Srothem California Fdiscn 1ilat the CXlSl: d. urxIergrcuxIing the utilities at the above referenced project is approxiJllltely four Imdre:I thirteen tinJsmd, ($413,CXD.OO) cfallars. It was always our impression that the urxiergranling d. utilities was oot required m this project. llIr belief is SJbstantiated by Fdiscn' s prier request far funds to relocate existing JXM!r poles rather than un:Iergrounding SElIE. 1J-l'~ to say, the cost d. un:Iergrounding ti1ese utilities IlIlkes 8 finardally diffiaJlt project oot feasible. We request to be ta1lJm8rlly exsnpted fran the Clty 's requinm!nt d. urxiergrouniing utilities. We propose that upcn the fOIDBtim d. an .... ,..It district for the JlUIllOBE! d. tmdergrounding utilities that loIe will join such 8 distIict. To insure that all d. our JBI1els will be included in such 8 distIict, loIe 1000ld require that all parcels be lnmd by CXlIditims, lX>VBllIlts aJd restrictims ("e C & R's") requiring particilBtim in the .. ,...t district. Thank yoo for your cmsideratim. Very truly yours, SIMA Fh. t...,ddp NuJber (he - Project 'lWo Irving M. 0Ilse lK1vlc cc:J.~ ~Harirave-, "c' c 1"\ '...I ""'"'\ _J .~s'i~~~' ~. . - crry OF SAN BERNARDINO 300 NORTH "D" STREET. SAN BERNARDINO. CALIFORNIA 9241B .- .- ---~.... ........-, EVLYN WilCOX Movor Memt:Mrl Of tn. Common Council Cst... Eltreal. . . . . . . . . . . . . Ii'lrtt Wins Jack Reilly............. . Second Wens "aiD" Hernandez . . . . . . . . . . . Third Ward SteveM.rks............... ~ourt"W'rCI caoroonQul............... ~Itt"w.,a Den Frazjer . . . . . . . . . . . . . . Slxtn Wlrd .lKk Strldeler . . . . . . . . . . . .$eventh Ward November 7, 1985 Wimbush Realty 2323-A Tustin Avenue Santa Ana, CA 92705 Dear Sir or Madame: At the meeting of the Planning Commission on November 5, 1985, the following action was taken: The application for Parcel Map No. 9506, to create 20 parcels in the M-2 General Industrial zone on approximately 8.76 acres located at the southeast corner of Velarde Street and BG" Street and having a frontage of approximately 140 feet on the south side of Velarde Street and a frontage of 849 feet on the east side of BG" Street and including 314 feet of frontage on the north side of Mill Street approximately 150 feet east of the centerline of "G- Street, was approved based upon findings of fact contained in the staff report dated November 5, 1985 and subject to the conditions and standard requirements listed therein. According to the San Bernardino Municipal Code, Section 18.28.120., the following applies to the filing of a lot line adjustment or parcel map: BAny aggrieved person may, within ten written notice of the decision, appeal Mayor and Common Council.- If no appeal is filed pursuant to the above provisions of the days of receipt in writing to of the .. -..... , )". /,/ . AP;tE'Nt)/K A A-J. 'C o ('\ '-' :) Wimbush Realty November 7, 1985 Page 2 San Bernardino Municipal Code, the action of the Commission shall be final. Respectfully, RANK A. SCBUMA Planning Director mid cc: Engineering Division Louisiana Pacific Corp. P.O. Boz 54017 '1'erminal Annez Los Angeles, CA 90054 A-2, c o ~) ."" ,,.) ,. CITY OF SAN BERNARDINO PLANNING DEPARTMENT-" II. SUMMARY 1/6 11-,_Q, 1 AGENDA ITEM HEARING DATE WARD ~ III (I) ~ U APPLICANT' Wi us Realty 2323-A Tustin Avenue Santa Anna, CA 92705 OWNER, Louisiana Pacific Corp., P.O. Box 54017 Terminal Annex, LA 90054 Parcel Map No. 9506 ~ III :;) o III a: ..... ~ III a: ~ The applicant requests approval to create 20 parcels in the M-2, General Industrial Zone. Subject property is an irregularly-shaped parcel of land consisting of approximately 8.76 acres located at the southeast corner of Velarde Street and "G" Street having a frontage of approximately 140 feet on the south side of Velarde Street and 849 feet on the east side of "G" Street including 314 feet of frontage on the north side of Mill Street approxi- mately 150 feet east of the centerline of "G" Street. PROPERTY Subject North South East West EXISTING LAND USE Vacant Industrial Commercial/Industrial Railroad R/W Vacant ZONING 11-2 M-2 CM & M-1 M-2 M-1 GENERAL PLAN DESIGNATION General-Industrial General-Industrial General-Industrial General-Industrial General-Industrial GEOLOGIC I SEISMIC DYES FLOOD HAZARD lXI YES lXIZONE A ( SEWERS 00 YES ) HAZARD ZONE l!) NO ZONE ONO OZONE B ONO HIGH FIRE o y.,:S AIRPORT NOISE I DYES REDEVELOPMENT mil YES HAZARD ZONE lXINO CRASH ZONE ~NO PROJECT ARE^ oNO ..J o NOT o POTENTIAL SIGNIFICANT Z [) APPROVAL ~ APPLICABLE EFFECTS 0 I- WITH MITIGATING - 0 Zen MEASURES NO E.I.R. lei CONDITIONS &&.Ie!) o EXEMPT o E.I.R, REQUIRED BUT NO IL.O 0 :EZ IL.Z DENIAL Z- SIGNIFICANT EFFECTS &&.I 00 WITH MITIGATING ~:E 0 CONTINUANCE TO a:Z MEASURES en:E :;i&: 0 Z II NO o SIGNIFICANT EFFECTS U &&.I SIGNIFICANT SEE ATTACHED E.R. C. &&.I EFFE CTS MINUTES a: NOY. '111 REVISED .lULY "'2 ^ - " I......- ("'.-', , ~ ,.,/ ") " i....,' 1/6 11-5-85 2 ,,4 "'- , ~ AGENDA ITEM HEARING DATE PAGE 1. Proposal is to subdivide approximately 8.76 acres of land currently zoned M-2 Industrial into 26 parcels of land. 2. Parcel sizes would range in size from 6630 square feet to approximately 50,830 square feet. All proposed parcels provide sufficient area for future development under the current zoning. 3. The applicant has proposed a change of zone to a C-M, Commercial Manu- facturing designation for Parcel 26. In the event this request is denied by the Planning Commission and Mayor and Council, sufficient area for development under the existing zoning is provided. 4. Access to all parcels is provided by two new streets identified as streets "A" and "B", a s well as the development of "F" Street north from Mill Street. This traffic pattern has been found to be acceptable to the Traffic Engineer. The applicant is also participating in the cost of an installation of a traffic signal at Mill and "G" Street. 5. Since the development is located in the Redevelopment project area, a set back of 20 feet from back of curb will be required for all buildings fronting on a public street. 6. Two development concerns which will need to be addressed by the developer at the time development occurs will be the location of refuse enclosure acceptable to the Public Service Department and the issue of an on-site fire hydrant versus sprinkled building. 7. The Environmental Review Committee issued a Negative Declaration at their meeting of October 17, 1985, 8. The proposed parcel may comply with Chapter 18 and 19 of the San Bernardino Municipal Code. ". .. ~ ..f NOW. ...0 ^ ., -- r..... V /-, '-" ,j CITY OF SAN BERNARDINO ~ CASE p~ No. 9506 STANDARD REQUIREMENTS AGENDA ITEM 116 HEARING DATE 11-5-85 PAGE I. J ~ COMMERCIAL, INDUSTRIAL -L Parcel Map No. 9506 shall be in effect for a period of 24 months from the date of approval. However, if no development has been initiated at the end of the 24-month period, the application shall expire. Additional time may be approved upon request of the applicant prior to expiration of the 24-month period. Expiration Date: PARKI NG: a. This development'shall be required to maintain a minimum of stan- dard off-street parking spaces. - b. All parking and driving aisles shall be surfaced with two inches of AC over a suitable base or equivalent as approved by the City Engineer. Parking spaces shall be striped and have wheel stops installed at least three feet from any building, wall, fence, property line, or walkway. c. Whenever an off-street parking area is adjacent to or across an alley from property zoned residential, a solid decorative wall six feet in height shall be erected and maintained along the property line so as to separate the parking area physically from the residentially zoned pro- perty provided such wall shall be three feet in height when located within the required front or street side yard setback. Where no front or street side yard is required, such wall shall be three feet in height when located within ten feet of the street line. d. Whenever an off-street parking area is located across the street from property zoned for residential uses, a solid decorative wall or equiva- lent landscape berm not less than three feet in height shall be erected and maintained along the street side of the lot not closer to the street than the required depth of the yard in the adjoining residential area. No fence or wall located in the front setback shall obscure the required front setback landscaping. REFUSE ENCLOSURES: Whenever refuse bins are located within or adjacent to a parking area used by the public, they shall be enclosed by a decorative wall six feet in height along the rear and sides and screened gate(sl six feet in height along the front. The enclosure shall not be placed within the required front or street side yard setback area. Exact location and size of refuse enclosures are to be determined by the Planning Department and Division of Public Services Superintendent. \. .if S.R. FORM B PAGE I Of '.4-_('"" fltIAY'I. ,[' -- CITY OF SAN C 0 BERNARDINO ") STANDARD REQUIREMENTS CASE PM No. 9506 AGENDA ITEM .' 1/6 HEARING DATE 11-5-85 PAGE <; .... , -L- """'I WALLS: a. Six-foot high solid decorative walls shall be required on the north ,south ,east ,and west or peri ph era I property iTiies. (On lYthose marked with "X"or check mark apply.) x b. Chain-link fencing may be used, subject to approval by the Planning Department. -2- LANDSCAPI NG: The intent and purpose of this section is to prevent trees and other landscaping from damaging public improvements. a. Street trees must be installed at a mnimum of 30 feet on center. Varieties and exact location shall be determined by the Director of Park and Recreation. b. All required setbacks abutting a public right-of-way shall be landscaped (except for walks and driveways which bisect or encroach upon the required landscape area). c. Three copies of a landscape plan (including plant material specifications) shall be submitted to the Planning Department and Park and Recreation Department for review and approval. d. All required landscaping shall be protected from parking areas and shall be provided with automatic sprinkler facilities which shall be maintained in an operative condition. e. Interior planting shall be required and maintained equal to at least five percent of the open surfaced parking area excluding the area of landscaping strip required by subsection "b" and shall include at least one tree for every five spaces or major fraction thereof. Measurements shall be computed from the inside of perimeter walls or setback lines. f. The required setback(s) from the north , south , east_____, ~west property line shall be densely landscaped with mature trees, shrubs, and groundcover. A -foot landscaped earthen berm shall be erected and maintained within the setback along the above indicated property Ii ne. " I LLUMI NA TI ON: a. All lighting fixtures in the parking areas shall be directed away from adjacent properties and the public right-of-way. .. ."'- ~ ~ MAY .. SA fORM 8 'AGE Z Of ! A_/: c c ~ '--'" r CITY OF SAN BERNARDINO ""l CASE 1'~1 No. 95':'6 116 1} 5 95 n ~ STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE PAGE .... r '" MECHANICAL EQUIPMENT: a. Air conditioning and vent ducts shall be directed away from any adja- cent residential uses. b. All mechanical equipment located on the roof shall be screened and located away from adjoining residential uses. Screening design shall be approved by the Planning Department. Comp 1 i ance wi th all reconmendati ons of the Geology Report sh all be requi red (if applicable). Grading and revegetation shall be staged as required by the City Engineer in order to reduce the amount of bare soil exposed to precipitation. 5 During construction, the City Engineer may require a fence around all or a porti on of the peri phery of the si te to mi ni mi ze wi nd and debri s damage to adjacent properties. The type of fencing shall be approved by the City Engineer to assure adequate project site maintenance, clean-up and dust control. Within 75 feet of any single-family residential district, the maximum height of any building shall not exceed one-story or 20 feet unless the Conmission determines that due to unusual topographical or other features, such restrictive height is not practical. 6 All utility lines shall be installed underground subject to exceptions approved by the Planning Department and the City Engineer. J No Certifi cate of Occupancy shall be issued pri or to compli ance with these Standard Requirements as well as all provisions of the San Bernardino Muni ci pa 1 Code. SI GNS: ... All signs shall be in conformance with San 8ernardino Municipal Code Section 19.60. Three copies of a plot plan and elevation of the sign drawn to scale shall be submitted to the Planning Department for review and approval prior to issuance of the sign permit from the Building and Safety Department. a. Monument-type signs shall not be located within the required setback for the zoning district in which the sign is located. The monument sign shall be located a minimum of 5 feet from the property line. If the monument sign is located within the setback, it shall not exceed an overall height of 3 feet. b. All freestandi~ signs must have 8 feet of clearance between average \.. ground level and the bottom of the sign. MAy'.... ~.A,_ r:.n~:!!, _8 _ "',0:- . -<CITY OF SAN BEHN DINO PU Ie \/\fORKS/ENGR. CASE I'M No. 9506 .. REQUIRE~JiENTS AGENDA ITEM HEARING DATE PAGE 1/6 11 ~-R~ ..." , Project Description: Tent. P.tl. 9506 26 lots at N.E. Corner 11111 Street & "G" St. ENGINEERING DIVISION tl~i't=i'O'll5 Da te:. Prepared By: t1WG Page 1 of 4 10-28-85 Reviewed By: pages Applicant: Wimbush Realty STANDARD REQUIREMENTS . 1. Payment of all appl.icable Engineering fees. Engineering Division for schedule of fees. Contact 2. Submittal of a grading/drainage plan conforming to all .requi rements of Ti tl e 15 of the ~Iuni ci pal Code, i ncl udi ng submittal of a satisfactory soils investigation containing .recommendations for grading, prior to issuance of a-grading or building permit. 4. 5. 6. Dedication of sufficient right-of-way along adjacent streets provide the ultimate master-lllanned width or as determined the City Engineer.. . - to by I SPECIFIC REQUIREMENTS 1. A parcel map based on field survey ~ill be required. , a-A .', CITY OF SAN Bl:.rrn2~DINO PU~IC ..JO~RKS/ENGR. '"- CASE' I'M No. 9506 REQUIREMENTS ~;'"ENOA ITEM HEARING DATE PAGE #6 11-5-85 8 ENGINEERING DIVISION Project Descri pti on: Tent. P.~I. 9506 26 lots at N. E. Corner Hi 11 Street & HGH St. . &~;,t;~~s Oa te: Prepared by: MWG , Page 2 of 4 10-28-85 Reviewed pages by: 2. Dedications: a) "G" Street" -- Centerline dedication face = 36' south line. to r/w line: required). and varies 44' (variable width Centerline to curb to meet existing at b) Hill Street --'Centerline to r/w line: 41.25' (existing). Centerline to c,urb face: 32.00' (existing). c) "F" Street --,Centerline to r/w line: 30' (30' dedication required). Centerline to curb face: 20'. d) "8" Street -- Ce'nterlin'e to r/w line: 30' (60' dedication require~). Centerline to curb face: 20', e) "A" Street -- Centerline to rlw line: 30' required plus cul-de-sac). curb face: 20'. (60' dedication Centerl i ne to f) Velarde Street -- Centerline to r/w additional dedication). face: 20'. line: 30'.. (15' Centerl i ne to curb 3. Required improvements: - a) "Gn Street -- Construct curb, gutter, and 6'-wide widewalk adjacent to curb, street lights, ifaving (T.1. 6.5), si gni ng and stri pi ng. Rel oca te all interfering improvements or utilities as directed by the City Engineer. Underground existing overhead power and telephone lines along "G" Street and remove power poles (except hi gl1 vol tage greater than 12KV), b) . Mill Street -- Construct 6'-w1de s1d,ewalk adjacent existing curb and install street lights. - to . ^ ^ r"CITY OF SAN [3ER~BDINO P~')LlC \;VORiCS/ENGf.) ,I _ ,\SE- PH No. 950(, ; REQUJREMEf\JTS ,AGENDA ITEM 'HEARING DATE PAGE #6 ll-r;-Hf) q Project Description: Tent.'P. M. 9506 26 Lots at N. E. Corner M111 ~treet & "[," ~t. ENGINEERING DIVISION " ',tewFt'i'U'ff5 Da te: Prepared by:. MWG, Page 3 of 4 10-28-85 Revl e~/ed by: pages .c) , ,"F" Street , . Construct curb and gutter. paving (T.I.=5.0l, signing and striping. and street lights. , R,e 1 o.c ate ,a n y ~ xis tin g imp r 0 v em e n t s 0 r utilities as directed by the City Engineer. Construct curb and 'gutter.. paving (T.I.=5.0l. sigping and strf'ping. and street lights. Relocate all interfering improvements or utilities as directed by the City Engineer. d) "8" Street ,'. .. e) '"A" Street' -- Construct curb and gutter. paving (T.I.=5.0l signing and. striping. and street lights. Relocate atl interfering improvements or utilities ~s directed by, the City Engineer. f) Velarde Street -- Construct curb and gutter. paving .(T.1.=5.ol. signing and striping,. street 1 i g h t s . R e 1 0 cat e all i n t e r f e,r i n g improvements as directed by the City Engineer. P,rovide mini mum 28' of pavement on Velarde Street.' g) Extend the City sewer system to serve the development as directed by the City Engineer. h) Construct handicap ramps per City Standard No. 205 at all intersections within and adjacent to the site. Dedicate sufficient right-Of-way to accommodate the ramps. 6. Contribute $12,500.00 as this subdivision's fair share of the cost of a traffic signal at the intersection of Mill Street and "e" Street. 7. If all improvements are not completed prior to recordation of the parcel map. then the ~ubdivider shall file a security bond and enter into an agreement with the City to guarantee completion of the improvements within 24 months of map approval. A-IO ----_._---- --. _ (. :F~~TY OF SAN BERNt9D1NO PUP-trIC \'VORiCS/ENGR:) . '_,_,,:, ' , :' ....3E PM No. 9506 ",'. . - . REQU~REMEf\JTS 116 AGENDA ITEM HEARING DATE ' PAGE 11-'l-R, In ENGINEERING DIVISION Project Description: Tent. 'P.M. 9506 26 Lots at N.E. Corner !lill St. & "G" St. . lU-lcHl~ Rev.lewed by: pages ~OWft'i'lfflS Date: , Prepared by: 'MHIi Page 4 of 4 8. 6e~fgn plans for street,~sewer. and drainage shall be approved by the City Engineer prior to approval of the parcel map. . l -. . . 9. A composite site and grading/drainage plan and a grading permit 'will be required. ' 10. A grading bond in the amount of $2.00 per cu~ic yard of cut or fill, whichever ,is greater, will be required. . 11. Applicable Engineering fees: Plan checle and' inspection ftes for grading. Plan checle and inspection fees for on-site buildings) . c) Plan checle and d) Plan checle fee e) ,Street light acceptance. a) b) worle (except inspection fees for parcel map. energy fee for a for off-site improvements; peri od of 4 yea rs after .. A-It c. /'/' 'I' , J ~ !.., !.' '" I l, diil!!l'j!;:I,'!;1 I Ill! Jill!j,jl",.I111!; !~. :i!! :11 ;;IIIIlPj'IJI! r!J il'!.!!I.hll'! 'I,tl ,'II! !;hi'liiihr'I:!!!11 '11"1" ,.IJ I 1,,1.' ;H 1~"I'II,!, i,I!:lj ..~t~ I'~IJ IJ!,,'r.~I~J ","1 '11,""I""'III,! I~II I 1'1' 'l"" , I ." I " I" I '11 "1/1'1 ;:,._".1 Ilk. . "1"1 Ilr,,"II.,"I"'l'I' :1_ : !j~li it III I' il!1lI ,h"l'I','JhJ" I' _. t t.! :. ~U_l != i i; ..1:'" I it . -~. - ! I .:; !;- ... ...:~.' I -:0 CD ....... -!l:il o -... !~:..., In' ," --," _._ :=! !:il' . W' ,;:. Ii I i . 0'....= -I! I:; . o.! ::=. J~.;"il : 0 '.. ..".t Z c ...0.. :~:!i:t : : ;1: -. iL "~.:: .. a..: II::D: "c(.~::: ':~::::; .. ......... : : -:: E .. ~: 00';. 'i , (J~ ;~; ill a:~ ~:.. ! cr: ~ ~..': ::: I Q. ;;: ai~'!lg i :~~ I ...:1 I I , , , I k ,/j I" .Ji, ~i; l~~ .j. ! i I " I. . t: .' I i 'I " 11' i: I;, l;:1; .;h ..,..'" !'I' :a..;; :.:; .. .. i ;1 !~1~! ..iii! iii' n:i,it .. "tl" .,'.- .. . ..- ..::' ..I:;!U ...- :,' ;.:, ;i ;,,,U.. I: I .. fl " ~~,:~,.-'~r...;;:;:.;;.-- --::-' : ~ ---.:. --;~ ~'" i' "ll!; ....:.1 ; '1-'-- __,_..,._._7_:r-------... " f'" . ~t ....---- . I r'__:lI 'i.'1 ; :'f:;,::':-:;;=:':::;~;:-::',~f~'::;.:::!H!~_'!...!!!_._-="~ f~~ !II ! 'I i'I' ' :~.. ':u...f i, --=-"-------.-'j------:-:.~ ,.-----.- I : 1:111 /,' IU'''' I I "! il,I,~1 a 'v' i,l.: .~o t~' '13' ~ I I'I':I~" I '1.1fl ' !!r' r: 'r I Ii,: ll!~ " ,I r; ~ \: ' , : i: If!!~ ~ I 'I I' ';", -!I_ ,.. '.' I :' I j,l" ' II: i: i~ I 1 :. -~:'l' "---------.;-t.-.l11Irr ;, J I I :1:1 Ii: " Ii !1"~11 I . '/I'~ ,J'i ,: :. : Il'ff ,;;1 I i~ ' I; I I .! jl :11 · I d :i,) ; .,............j ,l., w.____ : !11::11'.j I I.! ii,,!', t~, !\ j 'i ~:. ~;~~ ,,-.: r......,-:!:.-=- --- 'I' f,l!*! ~; i i .11 .,. ," ,-~ Ii : ~ ' a "'111- I II i ~ ':" ,_:__. .. i i "il,',',I. I , ,ll','~ ,',;": II ~.1. I' I ,[ 1\, ,I, i. ".' ~r"....r I I 'I ili:I!/r;i:~i..., I I '11'1: ,! i i ,,~, ~r ' ~ I : , .~ "1" '- I Il' .J -~ ' ' . Iii') ~ r .:_:, 0(. /; :ill'" 'I' II::,I'~ '!'!=! \ . ,,",....~.__. .'.. L ......'...f'"-:q, ,:1 , II'i'!, QJ"/ !li-!'~[~ ...::.-=---: r"-:: ~'...::' . ~I : 1 != \' " '. ' ,'.; "'I" ,I ( II! I ," . jlr 1,1 :1' ,,' ,.;! i !,j" I : 'iJ, .' I Ii ~ ''',j: ~\ T:~ ' ' '.....:... ..- ~, ' ' t ,,~ \'" :' _.-..::~~ r.,."",..r: . I I !l ~ 'I \ \' " ~,' .: .__..____ , -t'+- ~ ;~. Q ':,1' ~ \,~ , ~ . ~:1 (~) \ \ \t,':, . j 'f \ , . '.'" ~ ~.! ; " '. " ; . f Ii: I.'; 1 '" III : I !;; p' " .. 'P ) . , . ; \, :1 .11 ' L ;< ~ ,l _ ( 0- :', . \ '..~.. ,...i ' \\ \..~\ '(\ _.~ ..... , '~\' '. ; "___':';:"'M. -..= _.. ~ \'-~. .-- \" ~:~"L. \, ~ -". ~..... I . ", ,oS. . ,,'l, \' \ ,~~C~~;:~f' ,,,j IiI' _'. '0 ',' ,\\ ~ 0 l \ . .' I '.;. : '\'li r- -"y .1 ~ ~'~ \.:::o..~~:. ,\~\'\~' \ .~. ~i . !i : r; ',: 't-~ ~ :.. j J; ~ ~~ ~ '. '0 \ . " . I 1/(, Jj r ;Ii)' I ",.1 i ::! "'0 .~ )\ ;;. -' . I : ' r Ir' :L . "~ ~\\,\, ' . ,: ~!: t~'I' i: ,; ~~ I ", ~~'..~' , . \ " ._= I .'! ~ \', I~ ' i~ .. ',",-"-M'LL .", \~..-....L.", -----",' ! __ ~I ~":-1_n_\..__4.~~il[dl' .-: ' . &.:'.:.t.",=-. ..._:___,;.,__-:.,;z--,~.:.=- 6TAe~.:.:""I- _"-t: - ! I" -:~:-:-._h~_.____ .~~~--,~_~t. . -..::....' 'I ' _..._~' 'fJ~ .,' ,.,.,.=___._.--.---,-~,=.!J ..' I , {r r~:.~-I.r.;.-- I' .. ~... \- ~~: II ._."~'_. I " I . -.-- './1 Hit A ~12. ' ". i) ; / II d i :1 U I I I I _' ,:1" _.~...~"ic.., -- s ~, . _..- ~ ...::.:..i ,; ," I .j I' . fa . , , . . ;H.. .' . .. ." ..1 .. . .:i: . .. :; :"; .-:: : ... i I I I :' ,j E 1 1"Ejl .le;- ,I 1,- . -.. i -~ . ",". Qf"'o......~ I~ i.t~ . ~ i " E I.~' ,,; - ~t,-:. .=::-!'::, '3i l~ Eo};' fHI '1.E .-!. :1- i,r..' e~~i 'c" o o .j CITY OF SAN BERNARDINO PLANNING DEPARTMENT AGENDA ITEM # LOCATION CASE P .11. /19506 HEARING DATE 11/5/85 6 -III C'III r~____\ ,\ n. .. ,., II J I... 11 w): C'3A 15JEJffi[~~ . l)M C'3A C-3A A C-3A C-<lA C,M l; <M, 1"= 800' ll-3A I CoM :L ,r C-Iol I L RIAL TO AVE. IUAl.TO' AVE. - . R -,3 101-1 101-2 CoM CoM 101-2 101- R-' -101 U!LlEVIEW 101,1 ~ R-I 3' CoM :z: R-I !a 101-1 101-2 C'M C,,.., 'ONG"ES :z: "'C-M CoM C.M ... .. !;i A 101-1 L ... ,~iB '" 101-2 101-1 a: .. CoM ... A ... . CoM CoM ;; l!: ~ M-l " . A 101,. .0.. .. . 101-1 CoM C-M 101-1 . .. . 0 c .. :0: CM 101-1 101-1 CoM .. .. 101,. C-3 C-3 C-3 MILL '" CoM c-M 101-2 A .. CoM 0 101-2 '0' \ C,M .. '0' '!: A-/3 c c o :) CITY OF SAN BERNARDINO 300 NORTH "0" STREET,SAN BERNARDINO. CALIFORNIA 9241B EVLYN WilCOX Mayor Members of the Common Council ~her Estr.da. . . . . . . . . . . . . Flnt W.rd J~ .ellly. . . . . . . . . . . . . . Second W.rd Rstf;h 'Hernandez. . . . . . . . . . . ThIrd W.rd StPII@Marko; . . . . . . . . . . . . . Fourth Werd .Gorttll:ln Qulel . . . . . . . . . . . . . Fifth W.rd iOltl"llFlt,azler . . . . . . . . . . . . . . Shdh Ward JlIdl< 'Slrlckler . . . . . . . . . . . .Seventh W.rd ~, July 24, 1986 Brown & Mullins, Inc. Mr. Russ Mullins 2150 North Arrowhead Avenue San Bernardino, CA 92405 Dear Mr. Mullins: At the meeting of the Planning Commission on July 22 1986, the following action was taken: That the application for Revised Parcel Map No. 9506 to create 21 parcels on an 11.4 acre site in the M-2, General Industrial zone located at the southeast corner of Velarde Street and "G" Street, north of Mill Street, was approved based upon observations and findings of fact contained in the staff report dated July 22, 1986, and subject to the standard requirements listed therein, and subject to the following co'nditions: CONDITIONS: 1. The 25 foot landscaped easement and Mill streets shall allow meandering sidewalks. proposed along "F", "G" for the provisions of 2. Street lights utilized as part of this development shall conform to the Street Light Standards adopted by the Central City South Study. AA?eN.Ol'x g B-1 c o o ,.."" " , .J Brown & Mullins, Inc. July 24, 1986 Page 2 4. ~ 5. L 6. 3. Landscaping plans for all No. 9506 shall conform to Central City South Study. parcels included in Parcel Map the standards adopted by the Parcel No. 2 shall be restricted to light turn-in and turn-out movements. All utilities, including the transmission lines less] than 66Kv and all distribution lines, shall be underground. All improvements for Parcel No. 23 shall be borne by the developer at no cost to the City. The City will enter into a reimbursement agreement with the applicant upon final resolution in the development of said Parcel. 7. Parcel Map No. 9506 shall be in effect for a period of 24 months from the date of approval. However, if no development has been initiated by the end of the 24 month period, the application shall be null and void. Additional time periods may be approved upon request of the applicant prior to expiration of the 24 month period. 8. All conditions and standard requirements the original approval of Parcel Map No. applicable. contained 9506 shall in be According to the San Bernardino Municipal 19.78.070., the following applies to the conditional use permit: "The decision of the Commission shall be final unless appealed in writing to the Mayor and Common Council. The written appeal shall be submitted to the office of the City Clerk within ten days from the date of the Commission's decision. The Common Council, after receipt of the appeal, shall conduct a public hearing and may either approve, modify or reject the decision of the Planning Commission." Code, Sect ion filing of a f~ B-~ '"- c Brown. Mullins, Inc. July 24, 1986 Page 3 If,no appeal is filed pursuant San Bernardino Municipal Code, shall be final. ~ 'oJ to the above provisions of the the action of the Commi~sion Respectfully, (~-,~/~ FRANK A. SCHUMA, Planning Director FAS/mtb cc: Louisiana Pacific P.O. Box 540l7, Terminal Annex Los Angeles, CA 90054 City of San Bernardino Engineering Division :) 8-3 c , CiTY OF o BERNARDINO o PLANNING J DEPARTMENT" SAN SUMMARY AGENDA ITEM HEARING DATE ' WARD 7 7/??/RF, 1 ~ .. APPLICANT' I&J (I) C[ (.) arcel Map No. 9506 Revised OWNER' rown Mr. Russ Mullins 2150 N. Arrowhead Ave. San Bdno., CA 92405 Louisiana Pacific P.O. Box 54017, Terminal ex ~ he applicant requests approval to create 21 parcels on an I&J ll.4 acre site in the M-2, General Industrial zone. :) (7 I&J a:: .... C[ ubject site is located at the southeast corner of Velarde Street I&J nd "G" Street, north of Mill Street. a:: C[ ( PROPERTY Sub.; ect Horth South East West EXISTING LAND USE Vacant Industrial Comm, /Industrial Railroad R of W Vacant ZONING M-2 M-2 C-M & M-l M-2 M-l GENERAL PLAN DESIGNATION General Industrial General Industrial General Industrial General Industrial General Industrial GEOLOGIC / SEISMIC DYES FLOOD HAZARD ~YES OZONE A ( SEWERS ~YES ) HAZARD ZONE !Xl NO ZONE oNO OZONE B oNO HIGH FIRE DYES AIRPORT NOISE / DYES REDEVELOPMENT [l YES HAZARD ZONE !Xl NO CRASH ZONE !Xl NO PROJECT ARE^ ONO ...J o NOT o POTENTIAL SIGNfFICANT Z I2Q APPROVAL t: APPLICABLE EFFECTS 0 WITH MITIGATING ti 0 CONDITIONS Z(I) MEASURES NO E,I,R, I&J(!) o EXEMPT o E,'R REQUIRED BUT NO .....0 0 :IiZ .....~ DENIAL Z- SIGNIFICANT EFFECTS 00 WITH MITIGATING ;!:Ii 0 CONTINUANCE TO a:Z MEASURES (1)21 :;lL 0 Z &;J NO o SIGNIFICANT EFFECTS (.) I&J SIGNIFICANT SEE ATTACHED ER, C, I&J EFFECTS MINUTES a: HOV 1911 REVilED JULV ...2 SKY g-c.r c c () -'\ ) CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE PM NO. 9506 REV'D OBSERVATIONS AGENDA ITEM 7 ' HEARING DATE 7/22/86 PAGE 2 1. The proposal is to subdivide approximately 11.35 acres of land currently zoned M-2, General Industrial into 2l parcels. 2. 3. ( 4. 5. Parcel sizes range from approximately to approximately 68,800 square feet in posed parcels provide sufficient area opment under the current zoning. 5,900 square feet area. All pro- for future deve1- Access to all parcels is provided by three new streets identified as Oak Court, Birch Court and -G" Street, which is proposed to be realigned. The Engineering Department has indicated that neither the subdivider nor the City owns all of the right-of-way for -G" Street, as proposed on this map. The Redevelopment Agency has been negotiating for the acquisition but has not obtained any committment from the property owner. If the subdivider or the Redevelopment Agency cannot acquire the property, the City will have to acquire the right-of-way through condemnation or the condition to improve "G" Street will be automatically waived. At the Planning Commission meeting on November 5, 1985, the application for Parcel Map No. 9506, to create 20 parcels in the M-2, General Industrial zone was approved. At their regularly scheduled meeting of July the Environmental Review Committee recommended of a negative declaration for Parcel Map Revised. l7, 1986, adoption No. 9506 6. The proposed Parcel Map complies with Chapter 18 (Subdivisions) and Chapter 19 (Zoning) of the San Bernardino Municipal Code. '" B--,," coo ~ CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE PM 9506REV'D FINDINGS of FACT 7 7/2?186 ':\ AGENDA ITEM HEARING OATE PAGE 1. Parcel Map No. 9506 is in compliance with the develop- ment standards of the M-2 zone in Title 19. 2. Parcel Map No. 9506 is in compliance with the subdivi- sion requirements of Title 18 and the State Subdivision Map Act. 3. Parcel Map No. 9506 Bernardino General Industrial. is consistent with the City of San Plan designation of General '4. Parcel Map No. 9506 is compatible with the surrounding area development. 5. Access to all parcels will be provided by a dedicated public street. ( 6. Each proposed lot is of adequate size and shape to accommodate a commercial or industrial use. RECOMMENDATION Based upon the observations and findings of fact contained herein and subject to the standard requirements attached hereto, Staff recommends approval, of Parcel Map No. 9506 Revised. Respectfully Submitted, FRANK A. SCHUMA, Planning Director Planner 8-" o 0 CITY OF SAN BERNARDINO PLANNING DEPARTMENT CASE PM 0 'iOF. l1T:\T' n , c r -"', J CONDITIONS AGENDA ITEM HEARING DATE PAGE 7 7/''11';1,6 '-";:' JhE FOLLOWIrlq CONDITIONS ARE BEING ADDED TO PARCEL MAP NO, 9506 REVISED AS COclDITIONS OF APPROVAL ; --r:- ~e- Z5 'Ioot-ranascaped easement proposed along "F", "G" and Mill Streets shall allow for the provisions of meandering sidewalks. 2. Street lights utilized as part of this development shall conform to the Street Light Standards adopted by the Central City South Study. Landscaping plans for all parcels included in Parcel Map No. 9506 shall conform to the standards adopted by the Central City South Study. 3. 4. Parcel No. 2 shall be restricted to light turn-in and turn-out movements. 5. All utilities, including the transmission lines less than 66Kv and all distribution lines, shall be underground. All improvements for Parcel No. 23 shall be borne by the developer at no cost to the City. The City will enter into a reimbursement agreement with the applicant upon final resolution in the development of said Parcel. 7. Parcel Map No. 9506 shall be in effect for a period of 24 months from the date of approval. However, if no development has been initiated by the end of tY.e 24 month period, the'application shall be null and void. Additional time periods may be approved upon request of the applicant prior to expiration of the 24 month period. 6. 8. All conditions an~ standard requirements contained in the original approval of Parcel Map No. 9506 shall be applicable. \.. ... - ... "" -,- . - R-' c o o :) r CITY OF SAN BERNARDINO CASE NO: PM 9506 MEETING DA 1E : PAGE NQ: 7 STANDARD REQUIREMENTS R'FV'n 7/22/86 4 , ENGINEERING DIVISION """"ll Project Descri pti on: TiD~ P M. 9506 (Rev; ed) ~6 lots at H.E.C. Mill St. 6" ~t. g'll'mtl't=i'O'R'S' Da te : Prepared By: MWG Page 1 of 7/11/86 ReVlewed 8y: 5 pages Owner/Applicant: Wimbush Realty NOTE TO APPLICANT: Where separate Englneer1ng plans are required, the applicant is responsible for submitting the Engineering plans directly to the Engineering Division. They may be submitted prior to submittal of Building Plans. '- STANDARD REQUIREMENTS 1. Payment of all applicable Engineering fees. Engineering Division for schedule of fees. 2. Submittal of a grading/drainage plan conforming to all requirements of Title 15 of the Municipal Code, including submittal of a satisfactory soils investigation containing recommendations for grading, prior to issuance of a grading or building permit. Contact 3. All drainage from the development shall be directed to an approved pUblic drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. -I-. 4. Design and construction of all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility. If more than one lot is involved, each lot shall be served individually. _ 5. Design and construction of all required public improvements to conform to the ultimate planned cross section (such as street widening, curb and gutter, sidewal k, street lights, handicap ramps, and others) in accordance with the Municipal Code, City Standards and the requirements of the City Engineer. l ~B~ MAR~H III! Iky ,p' 1....' 1"'...., ...... .-" v -) j , CITY OF SAN BERNARDINO CASE NO,: 7 PM 9506 REv'n MEETING DATE: 7/22/86 PAGE NO: 5 ~ STANDARD REQUIREMENTS \. , Project Descri pti on: Tent. P.M. 9506 (Revis d) 26 lots at N.E.C. Mill St. & "G" St. ENGINEERING DIVISION 6'eRl!I~h_ Oa te : Prepared by: MWG pa ge 2 of 5 7/11/Bo Rev1ewed pages by: 6. Dedication of sufficient right-of-way along adjacent streets to provide the ultimate master-planned width or as determined by the City Engineer. SPECIFIC REQUIREMENTS ( 1. A parcel map based on field survey will be required. 2. De d i cat ion s: a) "G" Street" Centerline to r/w line = 44'. Centerline to curb face = 33' to meet existing at south line. Dedicate and construct both sides through the project. b) Mill Street -- Centerline to r/w line = 41.25' (existing). Centerline to curb face = 32.00' (existing). c) Birch Street -- Centerline to r/w line = 30' (60' dedica- ti on requi red). Centerl i ne to curb face = 20' . d) Oak Street Centerli ne to r/w 1 i ne = 30' (60' dedi ca- tion required pl us cul-de-sac). Centerl i ne to curb face = 20'. e) "r" Street -- Centerline to r/w line = 44' Centerline to curb face = 33'. f) Velarde Street -- To be vacated on parcel map. ~ ~ lURCH Iln sky g-, c 1"''' ',,-,' o -) ~ CASE PM 9506 REV 'D CITY OF SAN BERNARDINO STANDARD '''"- REQUIREMENTS AGENDA ITEM HEARING DATE PAGE 7 11l"LI'cib b ~ ENGINEERING DIVISION . ; " ~ " Project Description: Tent. P.M. 9506 (Revi~ d) 26 lots at N.E.C. Mill St. & "G" St. 't=lmd"~II'$ Da te : ~ 1/8~ Prepared By: ~HG -Reviewed By: Page 3 0 5 pages a) "G" Street Required Improvements: 3. \. b) Mill Street c) Birch Street ~, d) Oak Street e) "F" Street \.. "-r- Construct curb, gutter, and 6'-wide sidewalk adjacent to curb, street lights, paving (T.I. 6.5), signing and striping. R e 1 0 c a te a 11 i n te r fer i n g imp r 0 v em e n t s 0 r utilities as directed by the City Engineer. Underground existing overhead power and telephone lines along "G" Street and remove power poles (Except high voltage greater than 66KV). Construct a landsaped median island on "G" Street at Mill Street as directed by the City Engineer. - - Construct 6'-wide sidewalk adjacent to existing curb and install street lights. Construct curb and gutter, paving (T.I. = 5.0), signing and striping, and street lights. Relocate all interfering improvements or utilities as directed by the City Engineer. Construct temporary cul-de- sac at East end. Construct curb and gutter, paving (LI. = 5.0) signing and striping, and street lights. Relocate all interfering improvements or utilities as directed by the City Engineer. Construct curb and gutter, paving (T.I. = 5.0), signing and striping, street lights. Relocate all interfering improvements as directed by the City Engineer. ~ I!.f.' .~y l~ - ftj c c :) :) CITY OF SAN BERNARDINO ""'l CASE "PM lITO q'iO'; RF" ',D STANDARD REQUIREMENTS ..... AGENDA ITEM 7 HEARING DATE 7/11 IRF. PAGE '7. ~ ~ ENGINEERING DIVISION " Project Description: Tent. P.~1. 9506 (Revi d) 26 lots at N.E.C. Mill St. & "G" St. ~1I'1~1l'5 Da te: Prepared By: MWG Page 4 of 7/11/86 Reviewed By: 5 pa ge s ( f) Extend the City Sewer system to serve the development as directed by the City Engineer. g) Construct handicap ramps per City Standard No. 205 at all intersections within and adjacent to the site. Dedicate sufficient right-of-way to accommodate the ramps. h) Desi gn and construct drainage system as necessary to protect site from flooding and to mitigate any adverse downstream impacts. 4) Contribute $12,500.00 as this subdivision's fair share of the cost of a traffic signal at the intersection of Mill Street and lOG" Street. 5) If all improvements are not completed prior to recordation of the parcel map, then the subdivider shall file a securi ty bond and enter into an agreement with the City to guarantee completion of the improvements within 24 months of map approval. 6) Design plans for street, sewer, and drainage shall be approved by the City Engineer prior to approval of the parcel map. 7) A composite site and grading/drainage plan will be required. If more than l' of fi 11 or 2' of cut is proposed, then a grading plan signed by a Civil Engineer and grading permit will be required. 8) A grading bond in the amount of $2.00 per cubic yard of cut or fill, whichever is greater, will be required if the quantity of earthwork exceeds 5,000 c.y.. and the grading shall be supervised in accordance with Section 7014 of the UBe. \... B-IJ ~ IIU '.Y c 1", '-' o :) CITY OF SAN BERNARDINO ..... CASE PM NO. 9506 REV'D 7 7/'J?/F!f, R ~ STANDARD REQUIREMENTS AGENDA ITEM HEARING DATE PAGE "" ENGINEERING DIVISION ..... Project Description: Tent. P.M. 9506 (Revis d) 26 lots at N.E.C. Mill St. & "GO St. ~ GooIl444h#& Oa te : Prepared By: MWG Page 5 of 5 7/11/80 Reviewed By: pages 9) Applicable Engineering fees: a} Plan check and inspection fees for grading. b} Plan check and inspection fees for on-site work (except buildings). c} Plan check and inspection fees for off-site improvements. ( ~ d) Plan check fee for parcel map. e) Street light energy fee for a period of 4 years a f te r acceptance. " g...,2.. ~ ..n .~Y c ( t.! '.. .. l: . ., .. '. ~ !i~ U2 . .11 1M" .1 f - ;; rt' · ~ t:S:' 'IF3 t 1... I: I!.;~ . 'I'; I : l~ //'j-\ i ~ ~ "~ I I i -'-,-- I I I I i I I I 1 I ~ I, I I I I L_--, r--------, i I L_______-.J : \. _M.IJ,.j,._ -,.~ . - . , , '- ---\..-- ~1. - --l' I~ ----' Rl ~' , , ( , .. .. .. ill ::;; '" ;:0 r-.--- ----, ....---- - ~ - -., , ~ , , , , , . , . , ;: , i,i. i:~ , , ... , , , ~. , , , l_, +---- l. -' , , , r---- ~ . . ~ ::: : ii ,. , 'u , A, .; , U; :~ .. .........rL ,. r-- , -' I ~;: li; 1-____ 1;; ~ -. o o J! I~ ~, ", -.L ~~ ~~"E-r \ -to '\ ~'-.--I 'f.o '1 '..... "- '- . . ;~.-'... . '" "."'. r--,-+ \ .." :--" ~i I', \ . I ;l----....J ,\ I .. .--p.,' '..., 'I' \ _ I ~,M , I ; .. <' ' 'I I\,();'" I I ,~ I " ' I I I I L _... L_...J " ~ '---I , , -" ~ '-, 1 ' ..i. I '. .. " ,... ,. ;;; ::: (S .. . ,- ,= I .~ t 0'. . r-J , -" . ~ t .... , ~ " I CXl...} ~., :- l.-;: . - - - .~I I ~- t;.t:) c.... ~, .,. "':' El> .~~.._ J . " r: : O'l -;: r' , .. ~ =; '" -- ~: ...-, - ~,'.,.-. , , ~i .;1 ~t I I ... . ~.. ~ -' '" , (" \ ~, ~ '\ ,. .' r I , , . . '. ". ~ . r I I J.. \:.. ' H 1~' : tit~ \ 1'1 \'..'- Iv ~ ,-...,..- -~ - =-,,::>>~~;'~'-, rf? r ~" GI( .' ,) ~ Ii ~ I'~' 'I' 'I'! '1-:1.,,,:, Iii II;; ,.i},:r~': I' " "" .". ,- !'; 5" " 'I ," I" I. " " "I ,I' ", ~ ~!5 "..c I !i II Ii . -,' - - ! I ! ! ... :~; ',' "0 . . :.~! :. . . .,. :II ." i 0- n ... , .- i III ... '. . ,.. ~ I: :::. . ~ :.: I: 4 -:. ; ~ oa: , :. .. . :; : "0 ; :; : . z. . =: ~ . !:>~ :. . ..- 'n :;Ii;:.) i=:' III Ill: -.. C/l - -'I" .." 0 Ii ',: co . ~ i~RE , .. . Ol .. . !:III'I: .. . .'. E~~.I=~~ !";: ~ =!l:I!'! I _ c~~= Ii!'!i:: ,I I~i!; '5 r.l~~ N'Ec Iq': '! " Ilq I' I I , "'11 1""1""'....., ""II< i 11:1 ,r;I~.I:;t~;:!!i ::i;i-jr . !~!n f ~t~ ;" ~~"F- -i Il:'~!iJ :: IlIP ,::::,.r:'~lrfrl!u. ::;,II~ :: - 0.:: '.:~p;~::.:r-::.i;~ ;~;;;;~ t ',I{ ~-f':;; f:-:.d f' l.i ; 'rl i:--:'~--~-Fl.J" ,- 'orl -;:c=;~J;.I.Ha:- ._.;": l I":: lil.~I,L';:.:'~::5rl ." :,' i-o' .. ":."d~.' i; t- d- .: 1 :::1;'-' ;~irrtt Ii.. .- :.:1.1 :'';:I'Ii'I~- f..:m !II:: f-.' ...... .---,--- \-', Ft t'q::=':i~i'i~~:. tli L:.ti .!'i-lrl r _t. ~::: I.t;:' fll. :Of t:irfi~'!.;_~; f.l:, 1';::" ..ri=i":.'~"U'~ 1:',' nif i.~~ :.i~;if'.i: Ifl: l~1i I:ifi'='h'::flf~ ~':. ..i:~ .p ..!s:. ,=' ,.. ~.=.l [-'[' "'''''''--('''"',, ..: :. ~I;"I('~: -;=. I i~ ",-.:::..,=. 1.:.:' ~ ,r 'If ,[aT',,,,,.! l"r Ii "'U!.J J~ ..1,:' :H r!!' '1_ltn;-:' ..Fi :-ji ~r iirJ' 11'11 ,I. 13-'3 c o o :) CITY OF SAN BERNARDINO PLANNING DEPARTMENT AGENDA ITEM # LOCATION CASE Parcel Map #9506 Revised 7 HEARING DATE 07 (22/86 J:I ... 11 II.-J U U I C-M I.~I I ~~ 'f~1 ... II RIAL 0 /IN a -I !l U I!:!l a- I I I M'I II M-Z a-I C'M ] R-3 a-I i nLh". ~ :z: · 'e II-I I II-I 11-' !2 M-I M-Z ,. R'3 , :z: 11-2 C'M , C'M C'M ... ~ S . M-I R-Z ... III 'ffiBl CoM a:: M'Z ... ; .. SITE '0' ~ M-I .. " '0" M'I C-.. '0' i 010" ''0'' R-I " . . "I CoM M'I .0" ~ CoM ( lIla. tT R-' II-I ". MIGH C M SCHOO" ffi~ M-I , CI C-3 R-3 C'M COM -.0.... , . R-3 C-Il "0" R-I .... "," ." "0" R-I ) R-I lMITS lflR ., )~... ..+ Ci .a ,." -+......- +( - , I I' ,t "0" OM " , / __IF, C'M B -II.{ c o ~ ..." :) REDEVELOPMENT AGLJ:'(.REQUEST FOR COMI. SSION/COUNCIL ACTION From: Glenda Saul, Executive Director Subject: SIMA DEVELOPMENT - MILL AND "G" STREETS Dept: Redevelopment Agency Date: December 16, 1986 Synopsis of Previous Commission/Council ection: 03/03/86 Exempted SIMA Partnerehip from Ordinance MC-50l (the l20-day moratorium of buiding permits in Central City South). Authorized vacation of "F" Street. Resolution #4858 authorized acquiBition of property for the realignment of "F" and "G" Streets. 11/17/86 Set joint public hearing for 12/22/86 to consider sale of land to SIMA. Recommended motion: Open Public Hearing Close Public Hearing (COMMUNITY DEVELOPMENT COMMISSION) a) MOVE TO ADOPT RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A DISPOSITION AND JOINT DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND SIMA PARTNERSHIP. (MAYOR AND COMMON COUNCIL) b) MOVE TO ADOPT RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF A CERTAIN PARCEL OF PROPERTY AT THE NORTHEAST CORNER OF THE INTERSECTION OF "G" STREET AND MILL STREET IN THE CITY OF SAN BERNARDINO BY THE REDEVELOPMENT AGENCY " TIlE CITY " SON '''''''''Dm to SIMA '~4~"!,ft'l Contact person: Glenda Saul and Sandy Lowder Supporting data attached: YES Phone: 383-5081 1st Ward: FUNDING REQUIREMENTS: Amount: $ l,l06,780 Central City South Project: December 22, 1986 Date: f:.O/.JJ. =II- ~91 L(C DC' ) 1904G/JH 12/22/86 No edverse Impact on City: CDuncil Notas: (/('~ t 4 /.,,) -d;;) -y (; c o J :) REDEVELOPMENT AGE..cy.REQUEST FOR CO....SSION/COUNCIL ACTION STAFF REPORT Staff and the Redevelopment Committee are recommending that the Commission approve a Disposition and Joint Development Agreement for the Sima development at the northeast corner of Mill and "G" Streets. BACKGROUND In February of 1986 Sima wss asked to stop and accomodate a redesign of the alignment of "G" Street through their project. They had an approved Parcel Map (ready to record), a grading permit, and approved building plans (ready to pull permits). The grading permit had been issued and they were grading the site. Since this redesign would require the acquistion of the Hajoca bUilding it would also make additional land available, if they wished to purchase it, for their project. Sima agreed to stop it's project and cooperate in the delays as long as they were "financially made whole". Meanwhile the process of developing and adopting the CCS Study Area Overlay Zone went forward and Sima's project was redesigned to accomodate the new standards thst were created. Appraisals were obtained for the new land parcels that would be created by the realignment of "G" Street and staff met with the developers to redeBign the Parcel Map. By the time construction is resumed it will be nearly a full year that the project was delayed. Staff met with the developers to determine the 10Bses that occured so that they could be evaluated by Keyser Marston. Dick Botti at Keyser Marston then obtained additional information from the architects, engineers, and other vendors. He modified and corrected the amounts that were submitted to arrive at a recommended reimbursement. The final letter from Keyser Marston is attached. It reccomends full reimbursement of items that totaled $237,669 but questioning two items -- the carrying costs of the land at $75,000 and the loss of a beneficial construction contract valued $177,000. A response from Chase Development Company is slso attached which summarizes their views. Dick Botti from Keyser Marston, Agency staff, and the developers met on November 4, 1986 to discUBS these issues. Mr. Botti agreed that a compromise waB indicated and staff is recommending that the loss on the contract be reduced by 75% but that the carry costs be allowed at full value. These two items would then total $139,250. In addition to these items there are three losses whose exact amounts are not known today. They are a deposit paid to Edison, part of which may be transferable to the new project; some landscape deBign work which may be partly transferable; and the grading for the original project A ~ CIT~ OF SAN BERN....RDI,Q - REQUES9 FR COUNCIL ACTI~ STAFF REPORT . which will not have to be entirely redone for the new project. These items originally cost a total of $96,815. The loss is not known but staff is using 75% of that or $72,611 as an estimate for the purposeB of analyslB. Also involved in the new project are the land purchaBes (and additional dedications by Sima) that result from the realignment of "G" Street. Sima will give up land that has been appraised at $128,000. They will buy two parcels of land whose value is $197,000 and $251,500 respectively. TheBe values are arrived at by subtracting from the appraised projected values the engineer's estimateB of the improvement COBtS that will be required to create the parcels. PROPOSED AGREEMENT Project-Location The project as shown on the attached map is located on the northeast corner of Mill and G StreetB. It will also include the remainder of land from the vacation of the preBent alignment of G Street shown as Parcel C. Agency Obligations The Agency will reimburse Sima for $376,920 of losses. When this is netted against the amount Sima will pay for the land it produceB a net outlay of $56,419 to the developer. The total of the three items whose amountB are not known at this time will be added when they can be determined. For the purposes of analysis we are eBtimating that the total outlay to Sima will be $109,031. This will be paid over time from tax increments generated by the project. Total $ 356,920 72,611 (320,500) $ 109,031 Current ReimburBements Estimated Future ReimburBements Land Swap In a related transaction the Agency will acquire the Hajoca site and relocate their busineBs. The appraised value, relocation costs, and demolition costs total $845,000. This will be paid 50% down with the balance due in 10 years at 6% interest (adding $162,750 in interest COBtB) . .,...02&A " C./. Dv C-:3 , CITfoF SAN BERN".RDI~ - REQUESY F II COUNCI~ ACTI~ STAFF REPORT Developer's Obligstions The developers will be required to construct 30,500 SF of retail buildings and 19 industrial/office buildings totaling 60,856 SF in Phase I to create $3.0 million in new improvements by August of 1987. They will construct $500,000 in a second phase to be completed in 5 years or 1eBB. Totals Sq Ft 60,856 10,000 70,856 Value Complete Ph I Ph II $ 3,000,000 500,000 $ 3,500,000 Aug 1987 Dee 1992 They will construct all the improvements for the realignment of "G" Street and will meet the development standards required by the new Overlay Zone. Sima will also pay $320,500 for the land they acquire in the land swap. ANTICIPATED BENEFITS FOR AGENCY AND CITY In addition to the improved alignment of "G" Street, the implementation of the Overlay Zone standards, and the installation of a portion of the major intersection of "G" at the planned alignment of "F" Street, the Agency and City will expect to receive the following estimated benefits: Item Estimate Agency: Tax Increment (@ 1% x 70%) $ 24,500 per year City: Sales Tax $ 64,350 per -rear $ 36,475 per year $ 70,000 once Utility Tax City Fees Emp1o}'IDent 136 new jobs This project will provide the major southern entry for the interior of the CCS Overlay Zone. ft.02" ?,L.Rtr , C-'"I c c o SUMMARY OF FINANCIAL ASPECTS OF PROPOSED SALE OF REAL PROPERTY IN THE CITY OF SAN BERNARDINO SIMA PARTNERSHIP CENTRAL CITY SOUTH PROJECT AREA It is proposed that the Redevelopment Agency of the City of San Bernardino sell the land shown on the attached Exhibit "A". 1) The cost of the agreement to the Agency, including land acquisition cost, clearance costs, relocation costs, the costs of any improvements to be provided by the Agency, plus the expected interest on any loans or bonds to finance the lease is $I,106,7BO. 2) The estimated value of the interest to be conveyed or leased, determined at the highest uses permitted under the plan is $448,500. 3) The purchase price will be $448,500 which is not less than the fair market value in (2) above. The attached Exhibit "B" describes the transaction. 0089j " :) c-s- c 0 0 J ~I ",' ..' ~~.. .. I I~ I" I' 0 n =,-Vn""DC STReeT ..=i . . "..' .~ .. ".' "J ... .. N ~ ~ _.0 , : (!) . ; e ~ @ e> @',~ .Of t- ~-, ..~~ li"~: .. i1" . r: ~ 0 . ;. ~... 10 .~ SOl> OM OM .... CD_: ~l.Il~ :Ii eft.,." o ~ !-.~f 8C~ .. (')- ~'" ,. .;: @ I . 1 1 . \l I. I . I I I I , I ',I " . I' I , I , I @) ~ ---- - -:.0.- -~- -~- -t5 -~ .'-,- -~.- -\- ---lo..lK;-'- : 0 @ ~ <V ~ ", -' @ , t ,.. \l "" 1lI fit , '1 I~ ..' ... , . . 12 J . . ""'t ,,,, ' . ~ @ __ _ _ _ _ _ _ _ _ _ _ _ _..0 -' ...."G7 aID II ~ . nlltC IIA ~. 8 @ e €) . . €J . ,...- -----\--- .~."JiI- ,. ",,'r-.,. '\.. ." ~ . .:....M , , "'ll LAND TO BE SOLD -- EXHIBIT "A" o ,.~ J I ~ . .... .;...- ! Tlte! r . @ . d' ., ~ Cl ::> n ::.- ita ~t/) ::;!Cl ",::> CJ o ... ::> a a s' a ., a ~~~ :$"'1:: ~...~ ; ",< .. <. ~~ Nj ~ : -, I i I ! c-, c o o :) C> C> C> C> C> C> C> C> C> C> '" '" .... co C> C> C> .... .... C> .... '" C> C> N .... '" '" .... N "" '" '" C> C> .... '" ~ ... ... ... I- ~ '" C> " - W 0 '" .. I- ~ '" ~ ~ -" .... " ~ .. ~ Z ~ .. ~ oi "0 " '" ~ .. " e[ " ~ " e[ I- 0 " " .. " C> C> ~ .., .., ~ e[ 0 I- .. 0 '" ~ ~ " E 0 0 0 ~ " ~ 0 " " 0 ~ 0 0 .. ~ ~ ~ ~ ~ ~ .. .. .. .. " -" ~ " ~ '~ " 0 0 .. ~ '" ~ E ~ ~ " '" " .. .. " ~ 0 e[ ... 0 IX - ... C> O-COOOOOOOONC= LOO"IOOOMOClClOCO'IOO ,....-=O..........(Oo,O=Cl.....== CO'O'ON'O'CXHXI 'O"CCHn MNC""'l.llN ""'=00\ \D-..o \0..... 'l:f1OClO\ .....'O'N -'0' ... ~ .. -~ E "" o ".. V .... E " ~ ~~ " " .... l:: >. CLIo...., .... CI'l ~ L-C o > e[ a::I CI. .... >. U')e CLI CLI-C c:: L 0 CI'l QI 0 CLI .....,.. ...... ............... Q. QI VI VI.... VI ..... VI CL1..... - Ole: c:: u CLI 0 CLI ..... Vl V c..... 0::1 >< QI ..........::1 VlIO.....(.)L. 10 V1"t- -C.... L.. ....s......._..... ........W QlO.... C:O::l 1IIV1 VlClID'I 1.._111 CLI :r 0 c:.... Q.I 41..... c: CilU c: EIII "'DO.,...... L. ....CLI >'0 3:t:~ ~U E~ e~ :cu:....'O tu 1.. CLlIO,.... Q.I CLIVI c: c: I....lo: QI 10..... ::I.... Q.I....Q.Q1IO_....l..QI.L.uQ ..0.... c: C.... l.. VI 10 .. Qj E~): VI C'l_ ::I"O''''~ ."....-c.... .,.. u 0 e "'D rei VI c: 01 I ;:I.... c: VI Qll..L.Oc.....Cl.ICOG.lQll..CLlIOO .o::<[m~om.o::_=a::'O::l--J.JU .... 0 '" C> '" C> '" '" '" N .... "" .... "" N ... ... " '" o N ~ X Lfl'~ O....U"l ..... U c::0\ _ .. . ~EN O~ ~ ~" ~,~ 0"0 We[ " X ..g~10g >,. . ~C> "' ~"' ... ..... W "0 " .. ~ EXHIBIT "B" o o C> o C> "' ... " ... o C> "'C>~"'X NO - "'''' CO "'.... '" '" ""'D CI. 0'1 V1l.&J I'd c: e..... u.,.. llltGVI"'D ....U"CIO ..... 0 C 1- "'~'" .. ~ " ~ " ... U~ ... . .... '" C> .... C> '" C> ~ " .. "OE .... ~~ .." X~ " 10 Q...... ~E O~ E ,,~ o " ~..~ ~-" ~~ "0 ~ .,.. E 10 "0.. "'~>, ~ .. "" ..,~ .>, ~ O~ --~ ....- "' . E ~,- M'", X '" 0 ~ ~ 0"'" M '" o .. .~- "''' C> ..~ -E" ..... .. ~,~ CLI V 0 -",,~ 1-.... Cl... . '" ..., ... " ... '" ... ~ " .. E .. ~ ~ " .., E .. IX ~ - '" .... ::::> o I- .... Z '~ M '" o C> -" .c '~ 0- .. . ~ "0 " .. ';;j ~ o I- ~ ~ .. ~ C-7 c o S I MAL AND T RAN S FER """ V """ ,_..J REQUIRED IMPROVEMENTS (per Brown & Mullins) PARCEL A (Cedra) 1/4 of Item 1 @ $7,120 1/2 of Item 2 @ $8,043 1/2 of Item 3 @ $53,416 PARCEL C (Remainder) 1/2 of Item 2 @ $8,043 1/2 of Item 3 @ $53,416 40% of Item 4 @ $76,832 ADJUSTED APPRAISAL VALUES PARCEL A (Cedra) Value per appraisal less Improvement costs PARCEL B (Sima dedication) Value (no adjustment) PARCEL C (Remainder) Value per appraisal less Improvement Costs LAND SWAP WITH SIMA Parcel B (Dedicated by Sima) Parcel A (Portion of CEDRA) Parcel C (Remainder parcel) Net Land Purchase by Sima JH:jbh:0059j Total $ 1,780 4,021 26.708 $ 32.509 or say $ 32,500 Total $ 4,021 26,708 30,733 $ 62,462 or say $ 62 500 Total Total Total $ 229.500 <32.500) $ 197,000 $ 128,000 $ 313.000 (62,500) $ 251,500 $ (128.000) 197,000 251,500 $ 320,500 l'-a c-cy c, /""" ....... o :) Recording Requested by: REDEVELOPMENT AGENCY ItECORDEOIN OFFICIAL RECORDS 1981 JAIl -5. I): 39 SAN BERNARDINO CO.. CALIF. :#lfr7/ When Recorded Mail to: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 300 North -D" Street, Rm. 320 San Bernardino, CA 92418 CITY BUSINESS: FREE This Is to certify that this dotument Is presented for record by the Redevelop. ment Agency of the City of San Bernar. dinO. California, under Government Code Section 6103, 87-OO12f.C FEE S',ry CCS PEP -0- C USA FTB DBP CO DISPOSITION AND JOINT DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AND SIMA PARTNERSHIP NUMBER ONE A CALIFORNIA PARTNERSHIP A PPe.NPI)( 0 D-:r. 1 c c o 87-0012ca :> REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO DISPOSITION AND JOINT DEVELOPMENT AGREEMENT (CENTRAL CITY SOUTH PROJECT AREA) THIS AGREEMENT is made and entered into this ~::J. ...~ day of DE<..EMI'3..ei2 , 19.1k, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, a public body corporate and politic, hereinafter called the "Agency", and SIMA PARTNERSHIP NUMBER ONE, a California partnership, together with its permitted successors and assigns, hereinafter called the "Redeveloper". RECITALS This agreement is made with reference to the following facts: (a) In furtherance of the objectives of the Community Redevelopment Law of the State of California (Health and Safety Code of the State of California, Sections 33000 et seq.), the Agency has undertaken a program for redevelopment of, blighted areas in the City of San Bernardino, California, and, in this connection, pursuant to Ordinance No. 3572 of tne City of San Bernardino, California, adopted May 3, 1976, the City and the Agency have approved and adopted the "Redevelopment Plan". Pursuant to the provisions of the Redevelopment Plan, the Agency and the City have undertaken and are now carrying out the responsibility for a redevelopment project, designated as the Central City South Redevelopment Project, for a designated area (being 2 D-z.. c o o :) 87-001260 hereinafter called the .project Area.). The boundaries of the Project Area are described in the Redevelopment Plan which, by this reference, is incorporated herein and made a part hereof. (b) That certain parcel of real property more particularly described in Exhibit .A., attached hereto and by this reference made a part hereof (hereinafter called the .Property"), is located within the Project Area, and under said Redevelopment Plan may be developed for private use. (c) The Redeveloper had made an offer to purchase the Property and to redevelop it, together with additional land already owned by the Redeveloper, in accordance with the uses specified in the Redevelopment Plan, by constructing a commercial/industrial development ("Project"). (d) The Agency has considered all pertinent data and analysis, including the reports of its consultants and the reports and recommendations of its staff, and the Agency believes that the redevelopment of the Property pursuant to the provisions of this agreement is in the best interests of the City and employment growth, and is in accord with the public purposes and provisions of applicable laws and regulations under which the Project Area is governed. (e) Pursuant to the provisions of California Health and Safety Code Section 33433, the Agency gave notice and held a public hearing on P&E~7/X:K. :;J~, t9i{f>, at which time the form of the agreement for disposition and development was available for public examination. By Resolution No. Q971, on OECE#1t3tEt2 ~2, 19 (r,!" sale of the Property provided for 3 D-3 c o o ~ 87-001260 herein to Redeveloper was authorized, and the Agency approved this agreement and determined that the method of disposition provided for in this agreement is the most effective method for accomplishing the objectives of the Agency. (f) On the basis of the foregoing, and the undertakings of the Agency and the Redeveloper under this agreement, the Agency desires to sell and the Redeveloper desires to purchase said Property in accordance with the provisions of the Redevelopment Plan and this Agreement. NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: 1. Sale of ProDertv. Convevance Terms. A. Subject to all terms, covenants, and conditions of this agreement, the Agency agrees to convey the Property to the Redeveloper at a total acquisition price of $448,500.00 on the terms specified in the Undertakings and Obligations of Agency set forth hereinafter in Exhibit -B". Under those provisions, the purchase price will be credited against Agency's undertakings. B. At the time of delivery of one or more grant deeds for the property (the -Closing-), title to the Property shall be conveyed to the Redeveloper by grant deed substantially in the form attached hereto as Exhibit "B", and by this reference made a part hereof. The Agency shall prepare such deed. C. The Redeveloper shall have the right to enter into possession of the Property upon delivery of the grant deed from Agency. -4 D-4 c "'"'0" V o :) 87-001260 D. The title to the Property conveyed by the Agency to the Redeveloper shall be a marketable title free and clear of all liens, encumbrances and exceptions, except as follows: Ci> The title shall be subject to the conditions and restrictions set forth in the Declaration of Restrictions, recorded in Book No. 9033 at Page 807 et seq., in the official records of the County of San Bernardino Cthe -Declaration">, which Declaration is incorporated herein by reference. Cii> All of the agreements, covenants and conditions undertaken by the Redeveloper under this agreement. 2. Obliaations of Aaencv. The Agency shall be responsible for and complete the actions set forth in Exhibit -B" and agrees to use its best efforts to complete them prior to, or concurrently with, the completion of the required actions to be taken by the Redeveloper. 3. Obliaations of RedeveloDer. A. The Redeveloper agrees to be responsible for and complete the actions set forth in Exhibit "D- within the time schedule set forth therein. B. Redeveloper has submitted to Agency development plans. The plans have been approved by the Agency, and such plans meet the requirements of the Redevelopment Plan and the Declaration. Any changes in plans shall require the specific approval of the Executive Director of Agency. C. The Project shall be constructed in accordance with all applicable State and local building and zoning laws and regulations and shall conform to the plans. 5 D-S- c 1""', '-' o 87-001260 ::) D. Following Closing and until construction of the Project has been completed, the Redeveloper agrees to make a 'detailed written report every six (6) months to the Agency as to the progress of such construction. During such period, construction of the Project shall be subject to inspection by representatives of the Agency. 4. Certificate of ComDletion. A. After completion of the Project in accordance with the plans, as amended by any changes approved pursuant to Section 3B hereinabove, the Agency will promptly furnish the Redeveloper with a Certificate of Completion substantially in the form of Exhibit -E" hereto Cthe "Certificate-). The Certificate shall be conclusive determination of satisfactory termination of the agreements and covenants of this agreement and the grant deedCs), with respect to the obligation of the Redeveloper, provided that the Certificate shall not constitute evidence of compliance with, or satisfaction of, any obligation of the Redeveloper to any holder of any mortgage, securing money loaned to finAnce the improvement, or any part thereof. If the Project is_developed in phases, with approval of the Agency, a partial Certificate of Completion shall be given upon completion of any such phase; such Certificate shall be applicable only to such phase. B. The Certificate provided for in this Section shall be in such form as will enable it to be recorded with the County Recorder of San Bernardino County. If the Agency shall refuse or fail to provide the certification in accordance with the 6 D-' c ,......, --- () ", ,) 87-001260 provisions of this Section, the Agency shall, within fifteen (15) days after written request by the Redeveloper, provide the, Redeveloper with a written statement indicating in detail in what respects the Redeveloper has failed to complete the improvements in accordance with the plans or is otherwise in default under this agreement and what measures or acts will be necessary, in the opinion of the Agency, for the Redeveloper to take or perform in order to obtain the Certificate. Upon Redeveloper'S correction of the deficiencies noted in such letter, the Agency shall promptly furnish the Certificate. 5. Maintenance. A. The Redeveloper agrees that the Redeveloper shall, to the Agency's reasonable satisfaction, properly maintain the parking areas and landscaped areas and parkways on the Property as shown on the plans, as approved by the Agency, and required by the conditions and restrictions of the Declaration. B. In the event Redeveloper fails to perform the maintenance as provided herein, Agency shall give notice to Redeveloper of its alleged failures, and detail the corrective steps to be taken. Redeveloper shall have the right to be heard by the Community Development Commission if it requests a hearing within ten (10) days after receipt of notice. Redeveloper shall have thirty (30) days to correct any deficiency, unless a longer time is granted at a hearing. After that time, the City and/or the Agency shall have the right to enter the Property and undertake, or cause to be 7 D-1 - - - - - - c r'\ ....... """, ~ 87-on1260 :) undertaken, the maintenance activities detailed in the notice I provided for herein. In such event, Redeveloper shall be liable for and reimburse the City and/or the Agency for all reasonable sums incurred by it for such maintenance activities. This right of entry and the right to correct and be reimbursed shall be Agency's only remedy for any alleged breach of this provision. The rights and obligations of Redeveloper run with the land; Redeveloper shall include these requirements in its Covenants, Conditions and Restrictions, if and when it sells any portion of the land. 6. Restrictions on Use. The Redeveloper agrees that it shall : A. Devote the Property to, and only to and in accordance with, the uses permitted by the Redevelopment Plan. The terms .uses permitted by the Redevelopment Plan" and .land use" referring to provisions of the Redevelopment Plan, or similar language in this agreement, shall apply to the Property and all buildings and uses thereon. B. Not discriminate upon the basis of race, sex, marital status, color, creed, religion, physical handicap, national origin or ancestry in the sale, lease, sublease, rental, or transfer or in the use, occupancy, tenure, or enjoyment of the Property or any improvements erected or to be erected thereon, or any part thereof, nor shall the Redeveloper itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or 8 D-B c o o 87-001260 ~ occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Property, or any part thereof. 7. Aaencv Riahts to Enforce. In amplification, and not in restriction of the provisions of the preceding Section, it is intended and agreed that the Agency and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Sections 5 and 6 hereof, both for and in their or its own right, and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose benefit such agreements and covenants have been provided. Only the Agency shall have the right to maintain actions based on the terms of Sections 5 and 6. This agreement is not intended to create in any other party the right to enforce this agreement. The agreements and covenants of Sections 5 and 6 shall run in favor of the Agency, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the Agency has at any time been, remains, or becomes an owner of any land or interest therein to which, or in favor of which, such agreements and covenants relate. Only the Agency shall have the right, in the event of any breach of any such agreement or covenant, to exercise all of the rights and remedies, subject to the notice and cure provisions of Section 11 of this agreement, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such 9 D-~ c o o :) 87-001260 agreement or covenant may be entitled. Any leases made by the Redeveloper covering the subject Property shall give notice of applicable restrictions, covenants and conditions set forth in Sections 5 and 6 of this agreement. The Redeveloper and the Agency agree to cooperate in enforcing such restrictions, covenants and conditions. 8. Eaual Emplovment Qpportunitv. The Redeveloper agrees that during the construction of the Project: A. The Redeveloper shall not discriminate against any employee or applicant for employment because of race, sex, marital status, color, creed, religion, physical handicap, national origin or ancestry. The Redeveloper shall take the necessary affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, sex, marital status, color, creed, religion, physical handicap, national origin or ancestry. Such affirmative action concerning equal employment opportunities shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of the nondiscrimination clause. 10 D-IO c 1"..... ......., o ~) 87-0012GO B. The Redeveloper shall, in all solicitations or advertisements for employees in the construction phase placed by or on behalf of the Redeveloper, state that all qualified applicants will receive consideration for employment without regard to race, sex, marital status, color, creed, religion, physical handicap, national origin or ancestry. C. The Redeveloper shall comply with all applicable local, State and Federal laws and regulations relating to equal employment opportunity. D. In the event of the Redeveloper's noncompliance with the nondiscrimination clause of this Section, or with any of said laws, rules or regulations, the Agency shall, after compliance with the notice and cure provisions of Section II herein, have the right to compel full compliance through an action for specific performance of this Agreement. E. The Redeveloper shall include notice of the provisions of subdivisions (a) through (c) of this Section in every construction contract, and shall require the inclusion of notice of these provisions in every construction subcontract entered into by any of its contractors, unless exempted by the applicable laws, rules or regulations and such provisions shall be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper shall take such action with respect to any construction contract or subcontract, as the Agency may direct, as a means of enforcing such provisions, including sanctions for noncompliance, provided, however, that in the event the 11 D-I( c c o :) 87-001260 Redeveloper becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such -direction by the Agency, the Redeveloper may require the Agency to enter into such litigation to protect its interest, and Agency will undertake the defense of both Redeveloper and the Agency, or excuse Redeveloper from further obligation hereunder. 9. Prohibition AGainst Assianment and Transfer. A. Representations as to the Redevelopment: The Redeveloper represents and agrees that the Property acquired hereunder, and Redeveloper'S other undertakings pursuant to this agreement, are and will be used for the purpose of redevelopment of the Property in accordance with this agreement and not for speculation in landholding or in .packaging" a development for sale to and eventual construction by another entity. Redeveloper represents that it, in its present form and with its present principals, will accomplish this Project. The Redeveloper further recognizes: (1) the importance of the redevelopment of the property to the general welfare of the community; (2) that the qualifications and identity of the Redeveloper are of particular concern to the community and the Agency, and that this sale is founded upon the particular qualifications of the principals presently comprising the firm identified as the .Redeveloper., who have been disclosed to the Agency in the offer to purchase and other allied documents heretofore filed by Redeveloper with the Agency. l2 D-'Z. c c o 87-001260 ,,"', ....J B. Prohibition Against Transfer of Property and Assignment of Agreement or interest in Redeveloper prior to ~ompletion of the Project: (1) The Redeveloper represents and agrees for itself, and its successors and assigns that except only by way of security for, and only for (i) the purpose of obtaining financing necessary to enable the Redeveloper to perform its obligations with respect to constructing, owning and operating the Project under this agreement, and (ii) any other purposes authorized by this agreement, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the completion of the Project and receipt of the Certificate, make or create, or suffer to be made or created, any total or partial sale, assignment, or conveyance, or grant any trust or power, or transfer in any other mode or form with respect to, this agreement or the Property or in the entity of the Redeveloper, or any part thereof or any interest therein, or enter into any contract or agreement to do any of the same, without the prior written approval of the Agency. No transfer or combinations of transfers of any interest greater than ten (10%) percent in total in the entity comprising the Redeveloper to any person or entity not already a partner in the Redeveloper shall be made without notice to the Agency and written consent of the Agency. The restrictions of this proviSion shall terminate upon recording of the Certificate(s). Prior to the issuance of the Certificate, the Redeveloper may nevertheless enter into any lease of office 13 D-I'3 c I'~ "-.... '-.. v :) 87-001260 buildings, facilities, or suites with respect to the Project, in the ordinary course of business. (2) The Agency shall be entitled to require, except as otherwise provided in this agreement, as conditions to any such approval required for a sale, assignment, transfer or grant under the preceding paragraph prior to the recordation of the Certificate, that: (a) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the Agency, necessary and adequate to fulfill the obligations undertaken in the agreement by the Redeveloper (or, in the event the transfer is of, or relates to, part of the Property, such obligations to the extent that they relate to such part). (bl Any proposed transferee, by instrument in writing satisfactory to the Agency and in recordable form, shall, for itself and its successors and assigns, and expressly for the benefit of the Agency, have expressly assumed all of the obligations of the Redeveloper under this a~reement and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject (or, in the event the transfer is of, or relates to, part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part); provided that, if any transferee of, or any other successor in interest whatsoever to, the Property, or any part thereof shall not have assumed such obligations or so agreed, that fact shall not (unless and only to the extent otherwise specifically provided in this 14 D-ry c c o 87-001260 :) agreement or agreed to in writing by the Agency) relieve or excuse such transferee or successor of or from such obligations, conditions, or restrictions, or deprive or limit the Agency of, or with respect to, any rights or remedies or controls with respect to the Property or the construction of the Project. Redeveloper shall also remain fully liable hereunder unless specifically excused by agreement of the Agency in writing. It is the intent of this subsection, together with other provisions of this agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this agreement) no transfer of or change with respect to ownership in the Property or any part thereof, or any interest therein, or if any interest in the entity of Redeveloper totalling more than ten (lOt) percent ownership interest, however consummated or occurring, and whether voluntary or involuntary, shall operate legally or practically, to deprive or limit the Agency of, or with respect to, any rights or remedies or controls provided in, or resulting from, this agreement with respect to the Property and the construction of the Project that the Agency would have had, had there been no such transfer or change. (c) Redeveloper shall submit to the Agency for review all instruments and other legal documents involved in effecting any such proposed transfer subject to the Agency's approval; and if approved by the Agency, its approval shall be indicated to the Redeveloper in writing. If a proposed 15 D -IS" c o o 87-001260 ~ transfer is disapproved by the Agency, its reasons shall be clearly stated in writing to the Redeveloper. Agency agrees to act within thirty (30) days and without delay on any request to approve a transfer by Redeveloper. (d) The consideration payable for the transfer by the transferee, or on its behalf, shall not exceed an amount representing the actual cost (including carrying charges and all sums allocated herein for losses incurred by Redeveloper as a result of its delay in construction and revamping of plans necessitated by the Central City South Study) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the improvements, if any, theretofore made thereon by it, it being the intent of this provision to preclude assignment of this agreement or transfer of the Property (or any parts thereof other than those referred to in this Section lO (relating to security for financing), for profit prior to the completion of the Project and to provide that, in the event any such assignment or transfer is made (and is not canceled), the Agency shall be entitled to increase the purchase price to the Redeveloper by the amount that the consideration payable for the assignment or transfer is in excess of the amount that may be authorized pursuant to this subdivision. Such consideration received by Redeveloper in any form whatever shall, to the extent it is in excess of the amount so authorized, belong to, and shall forthwith be paid to, the Agency. 16 D-I~ c o ........ .....,; 87-001260 :J (e) Nothing in this agreement shall preclude Redeveloper from conveying the Property in trust, or otherwise, as security for a bona fide construction loan or bona fide long term financing. 10. Default Prior to Convevance. In the event that, prior to Closing and in violation of this agreement, (i) the Redeveloper assigns or attempts to assign this agreement or any rights therein or in the Property, or (ii) the Redeveloper fails to submit its deeds, dully executed, into escrow, and close escrow by the date specified in Exhibit WO", and take title to the Property upon tender of conveyance by the Agency pursuant to this agreement, then this agreement, any rights of the Redeveloper, or any assignee or transferee in this agreement, or rights arising from this agreement, with respect to the Property, and the down payments heretofore deposited by Redeveloper or its predecessor in interest, shall, at the option of the Agency, be terminated by the Agency. Upon such termination, neither the Redeveloper (or assignee or transferee) nor the Agency shall have any further rights against or liability to the other under this agreement. 11. Default bv RedeveloDer Subseauent to Closina. A. Any of the following circumstances shall constitute An event of default: (1) The Redeveloper (or successor in interest) shall default in, or violate, its obligations with respect to the construction of the project (including the nature and the dates for the beginning and completion thereof), or shall 17 D-11 c ,- '-' o 87-001260 :) abandon or substantially suspend construction work for thirty (30) or more consecutive days, (delays caused by act of God, 'strikes or other causes clearly beyond Redeveloper's control being excepted) or (2) The Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien not authorized by this agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanic's lien or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged, or provision satisfactory to the Agency made for such payment, removal or discharge, within thirty (30) days after written demand by the Agency so to do; provided, however, the Redeveloper shall have the right to contest, in good faith, by appropriate proceedings, any such lien or encumbrance, and to substitute an appropriate bond in lieu of the payment, removal, or discharge of such lien or encumbrance; or (3) There is, in violation of this agreement, any transfer of the Property, or of the ownership of Redeveloper's business entity or any part thereof. B. Upon the occurrence of any such event of default, the Agency shall give written notice to the Redeveloper and concurrently to the holder of any first lien finanCing on the Project which has requested the Agency to provide such notice 18 D-18 c /""". '-' ,-" \..,J :) 87-001260 (the -Lender-). The notice shall detail any allegations of a condition of default and shall not be effective against ~edeveloper unless Lender has also been notified. Redeveloper or the Lender shall be entitled to a hearing before the Community Development Commission as to the existence of a default, or as to the steps to be taken to cure any default, provided that request for such hearing is made within twenty (20) days after receipt of the notice herein provided for. If no such hearing is requested, or if after the hearing, the Community Development Commission determines an event of default to have occurred, the Redeveloper or Lender shall have ninety (90) days within which to cure the default. The ninety day period shall be extended, as necessary, if Lender commences foreclosure on the Project during such period, as set forth in the next paragraph. If Redeveloper fails to cure the default as provided above, or is otherwise in default under the mortgage loan made by Lender (the -Mortgage Loan-), Lender may declare a default thereunder, accelerate the debt and enforce its rights against the Property. In such event, provided that Lender proceeds to enforce its rights diligently in accordance with the Mortgage Loan documents Agency shall: (i) hold in abeyance any enforcement proceedings of its own, particularly refraining from any act to take possession of the Property or to cause a reversion of Redeveloper's title, and (ii) permit Lender to exercise its rights over the Property, to foreclose and sell, or to acquire by deed in lieu of foreclosure and resell, the 19 D-I' c o o ~ 87-001260 Property, provided that any sale or re-sale of the Property shall be subject to the covenants and unsatisfied obligations of Redeveloper under this agreement and grant deedCs). If the default is not cured as set forth in the preceding two paragraphs, the Agency shall have the right to reenter and take possession of the Property and to terminate Cand revest in the Agency) the estate conveyed by the deedCs) to the Redeveloper. It is the intent of this subsection, together with the other provisions of this agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the deedCs) shall contain a condition subsequent to the effect that, upon an event of default by the Redeveloper specified in clauses Cl), (2), and (3) of this subsection A above Cand only for such events of defaUlt), the Agency at its option and subject to the rights of Lender, above, may declare a termination in favor of the Agency of the title, and of all the rights and interest in the Property conveyed by the deedCs) to the Redeveloper, provided only that it has given the specified notices and opportunities to cure, and the default has not been cured within the time alloted therefor. Such a termination of title in favor of the Agency shall be effected by the Agency recording in the office of the County Recorder of San Bernardino County a written Declaration of Termination referring to the deedCs) by which the Property was conveyed to the Redeveloper. Thereupon, the said deed(s) and conveyance shall become null and void, and all interest 20 D-Zo c ,-.. i..,... "" .....,.I :) 87-001260 thereby conveyed shall forthwith and without further notice to the Redeveloper become forfeited and shall revert to the Agency. The condition subsequent and any revesting of title as a result thereof in the Agency is and shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way (il the lien of any mortgage or deed of trust for construction or long term loan financing authorized by this agreement and executed for the purpose of obtaining funds to acquire and/or develop the Property, and (ii) any rights or interests provided in this agreement for the protection of the holders of such mortgages or deed of trust. C. After full compliance with the notice and cure provisions contained herein (including the rights granted to Lender), the Agency shall have the right to institute such actions or proceedings as it may deem desirable for effectuating the purposes of this Section 11, in addition to the right to execute and record or file with the County Recorder of San Bernardino County a written Declaration of Termination of all rights and title of the Redeveloper, in the Property and the revesting of title thereto in the Agency, as set forth above. It is further provided that any delay by the Agency in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Section II shall not operate as a waiver of such rights or to deprive it of, or limit, such rights in any way (it being the intent of this provision that the Agency should not be 21 D-21 c r~ '- o 87-001260 ~ constrained, so as to avoid the risk of being deprived of, or limited in, the exercise of the remedy provided in this Section because of concepts of waiver, laches, or otherwise, to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default inVOlved), nor shall any waiver in fact made by the Agency with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the Agency with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default, except to the extent specifically waived. D. In the event that title to the Property shall revest in the Agency in accordance with the provisions of this Section 11, the Agency shall, pursuant to its responsibilities under the Community Redevelopment Law, use its best efforts to resell the Property (subject to such mortgage liens as provided in Subsection B of this Section) as soon and in such manner as the Agency shall find feasible and consistent with the objectives of such law, and of the Redevelopment Plan as hereafter amended from time to time, to a qualified and responsible party or parties (as determined by the Agency) who will assume the obligation of making or completing the improvements or such other improvements in their stead as shall be satisfactory to the Agency and in accordance with the uses specified in the Redevelopment Plan, as hereafter amended from time to time. Upon such resale of the Property, the proceeds thereof shall be applied: 22 D-2~ c roo., ....... ,0 J 87-001260 Pirst: To reimburse the Agency, on its own behalf or on behalf of the City, for all costs and expenses incurred by the Agency, including, but not limited to, real estate broker commissions, if any, paid by the Agency, attorneys fees and salaries of personnel, in connection with the sale and recapture, management and resale of the Property (but less any income derived by the Agency from the Property in connection with such management), all taxes and assessments with respect to the Property (or, in the event the Property is exempt from taxation or assessment during the period of ownership thereof by the Agency, an amount equal to such taxes and assessments, or charges (as determined by proper assessing officials) as would have been payable if the Property were not so exempt), and payments made or necessary to be made to discharge any encumbrances or liens existing on the Property at the time of revesting of title thereto in the Agency or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees, and expenditures made or obligations incurred with respect to the making or completion of the improvements or any part thereof on the Property; and any amounts otherwise owing the Agency by the Redeveloper and its successors or transferees. Agency shall not unreasonably delay any such resale, and shall give to any Lender notice of the terms of any sale thereof as reported for approval to the Community Development Commission, unless the Lender had previously been paid in full or waived any further rights to the property. 23 D-:l3 c c ,""'" -....I :) 87-001260 Second: To reimburse the Redeveloper, its successors or transferees up to the amount equal to (i) the sum of the 'purchase price paid by it for the Property and the cash actually invested by it in making any of the improvements on the Property less (ii) any gains or income withdrawn or made by it from this agreement or the Property. Third: Any excess remaining shall be retained by the Agency. 12. Default bv Aaencv Subseouent to Closina. In the event that the Agency ,fails to comply with each and every condition hereinabove set forth, with the exception of those conditions which are to be performed by the Redeveloper, the Redeveloper or Lender may initiate an action to compel the Agency to perform its obligations and to seek judicial or equitable relief for the Agency's failure to perform, including compensation for damages suffered by Redeveloper or Lender. 13. Cumulative Remedies: Waivers. The rights and remedies of the parties to this agreement shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for any other default or breach by the other party. No waiver by either party with respect to the performance, or manner, or time thereof, or any obligation of the other party or any condition to its own obligation under this agreement, shall be considered a waiver of any rights of the party making 24 n_?L.J c c ,,",, .-J \ -J 87-001260 the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those ~xpressly waived and to the extent thereof. No such waiver shall in any respect affect any other rights of the party making the waiver or any other obligations of the other party. l4. Aaencv EmDlovees. Members. No member, official, or employee of the Agency shall have any financial interest, direct or indirect, in this agreement or in the Property, nor shall any such member, official, or employee participate in any decision relating to this agreement or to the Property, which affects his financial interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the Agency shall be personally liable to the Redeveloper or any successor in interest in the event of any default or breach by the Agency or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of this agreement. 15. Minimum and Prevailina Waae Rates for Laborers and Mechanics for PUblic Works Portion o~ Pro;ect. As to any and all parts of the Project constituting "public works" as defined by California Labor Code Section l720, all laborers and mechanics employed upon the work covered by this contract shall be paid unconditionally fully as required by state law, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the 25 ()-2.r c c o ~ 87-001260 applicable regulations issued by the Director of Industrial Relations, California Department of Labor), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Director of Industrial Relations, applicable to the San Bernardino area, plus all fringe benefits payable under any contract between an employer and unions representing comparable trades in the area, regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. Redeveloper shall require its contractors and subcontractors to comply with all provisions of this paragraph. Redeveloper further agrees that this paragraph shall inure to the benefit of the Agency and all laborers and mechanics employed upon the .public works. covered by this contract as third party beneficiaries and that the Agency or any aggrieved employee may file an action in any court of competent jurisdiction against the Redeveloper or any of its cohtractors or subcontractors for the recovery of the difference between the wage rates actually paid and the wage rates legally required to be paid under the proviSions of this section and any applicable regulations, statutes and laws, and further agrees to pay reasonable attorney fees and court costs if the Agency or employee prevails. Upon request from Agency, Redeveloper, its contractors and subcontractors shall provide to Agency certified payrolls, and shall make its and their books and records available for inspection and audit as to 26 D-2~ c o o ~ 87-001260 compliance with this paragraph at some location within the City of San Bernardino upon ten (lO) days' notice in writing to Redeveloper. This paragraph shall apply only to .public works," as defined. 16. Attornevs Fees. Redeveloper agrees if any action is brought against Redeveloper for breach of any of the covenants or conditions of this agreement to pay reasonable attorneys fees and court costs. l7. Notice. Any notice, demand or request required or permitted to be given by either party to the other shall be given by certified mail, return receipt requested, postage prepaid, addressed as follows (or to such other notice address as any party may have furnished to the other in writing): AGENCY: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 300 North .D" Street, Rm. 320 San Bernardino, CA 92418 REDEVELOPER: SIMA PARTNERSHIP c/o S & A Properties Attn: Alan Fainbarg 890 W. Baker Street, .200 Costa Mesa, CA 92626 18. Meraer. None of the provisions of this agreement are intended to or shall be merged by reason of any deed(s) transferring title to the Property from the Agency to the Redeveloper or any successor in interest, and any such deedCs) shall not be deemed to affect or impair the provisions and covenants of this agreement. 19. Riaht to Modifv. Terminate. Amend. This agreement may be terminated, extended, modified or amended as to all of the Property or any part thereof, for which a Certificate of Compliance has not been issued, upon the mutual written 27 D-27 c c o ~ 87-001260 agreement of the Agency and Redeveloper, but only upon the prior written consent of Lender. No such termination, extension, modification or amendment shall be effective until a written instrument setting forth the terms of the same has been executed, acknowledged and recorded in the Office of the Recorder of San Bernardino, California. 20. Time is of the Verv Essence. Agency and Redeveloper shall have every right to exercise their respective options upon any breach of time constraints whatever. All parties recognize that time is of the very essence of this agreement. 21. Lender as Beneficiarv Hereunder: Additional Riahts of Lender. Redeveloper and Agency agree and intend that Lender is to be a beneficiary of certain provisions of this Agreement, and that Lender shall have the rights provided in this agreement to the extent set forth herein, notwithstanding that it is not a signatory party hereunder. In addition to the rights granted to Lender under Section II for notice of events of default by Redeveloper, and rights given to Lender to effect a cure or enforce its remedies under the Mortgage Loan, Redeveloper and Agency agree that, as under Section 11: Ci) Agency shall give Lender notice of any default of Redeveloper under the agreement or the grant deedCs), whether or not such defaults are events of default under Section ll; and Cii) Lender shall have the same grace periods and rights to cure or enforce the Mortgage on such defaults, as it has for events of default under Section 11. 28 0-28 c ""'" \"",I """ >0..0.1 87-001260 :) 22. Validitv Continaencv. This agreement shall not become effective for any purpose unless the original, duly executed by the Redeveloper, is returned and received by the Agency within ten (10) days from the receipt thereof by the Redeveloper. 23. Execution. This agreement may be executed in several counterparts, each of which shall be deemed to be an original and such counterparts shall constitute one and the same instrument. EXECUTED at '5:lI\J &R.NP,iZ-DI AJD , California, this ~2. ~ AGENCY: day of Pe:e-i:M 8$ oR , 19~. REDEVELOPER: REDEVELOPMENT AGENCY OF THE SAN BERNARDINO SIMA PARTNERSHIP NUMBER ONE A California Partnership By~L~ A General Partner By Cha rman By ~#J , Secretary Approved as to form: By ~1t1'v ~7"~ AGENCY COUNSEL By 29 0-2.' c - '- ,~ ...."I , 87-001260 ,:) ACKROWLBDGIIBRTS CAT. NO. NN00630 TO 211146 CA (1-83) (Partnership) STATE OF CALlFOR,;eA CpUNTY OF ~ 'AA./(;tt;;'" t On sai~, personally a 57?:Ven IJ TICOR TiTlE INSURANCE } a. . 15 z ~ E J G- . penona1ly known to me or proved to me on the basis of satisfactory evidence to be ~~Ji. who executed the within instrument IS __ of the partnen of the partnership that executed the within .instrument. and aeknowledged to me that such partnershIp executed the same WITNESS my hand and official seal. . , '~,'- L// , Signature __ --- /'.,t /~~~-;::.__: l'~ -( :/ / OFFICIAL SEAL III E KENNEDY NOTARY PUBLIC. C4l.lFOIlNI" Oll.,-"G: coumv My ",m",. exp'res IUl 28, 19B9 (This area for official ootariaJ '.an ",' STATE OF CALIF<llNlA) I e;~ .I. Lr:;~'.'~::~ S~?~^"DE COUNTY OF SAN BERNARDINO ~ 88. I ~ ,.. " .e ( ~;co~_..,--,,~ '. ~"-1;;:1:~9 f On &~ ~~, 1986, before IDe, J. LORRAIN~""'~E: 'A~tBry public, personally appeared EVLYN WILCOX and GLENDA SAUL, per80nally known to me to be the per8on8 who ezecuted thi8 ill8tCUlllent a8 ChaiCllllll1 and Secretary, respectively, of the llEDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, and acknowledged to me that the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ezecuted it. __I" ~ ~~-U~b-- O....LORRAINE VELARDE, Notary Public 30 0-'30 c "..-.... \.....; ,....., v :) 87-001260 EXHIBIT "A" DESCRIPTION OF PROPERTY The following described real property in the City of San Bernardino, County of San Bernardino, State of California: That portion of Lot 10, Block 11, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 7 Page 2 of Maps, in the'office of the County Recorder of said county, described as follows: Beginning at a point on the south line of said Lot 10, 200.00 feet' west of the southeast corner of said Lot lO, thence north o degrees 42 minutes 38 seconds west and parallel with the east line of said east line of said Lot 10 a distance of 298.80 feet; thence south 89 degrees 16 minutes 52 seconds west and parallel with the south line of said Lot lO a distance of 336.02 feet mor or less to the east line of "G" Street, as described in the Notice of Action recorded December 30, 1939 in Book 1408 Page 106 of Official Records of said county; thence south 37 degrees 15 minutes 08 seconds east along the northeasterly line of -G" Street 371.99 feet more or less to the south line of Lot 10, thence north 89 degrees 16 minutes 52 seconds east along the south line of said Lot lO a distance of l14.48 feet more or less to the pOint of beginning. Excepting therefrom, however, those parts thereof required for highway right-Of-way for the realignment of -G" Street at and immediately northerly from its intersection with Mill Street. The exact legal description of the property is to be determined by survey. '11 D-3 , c o o 87-001260 - -' EXHIBIT -B- UNDERTAKINGS AND OBLIGATIONS OF AGENCY The Agency agrees and undertakes to do the following: l. Convey by grant deed to Redeveloper the property described in Exhibit -A", for the sum of $448,500. The purchase price shall be deducted from the obligations owned by Agency to Redeveloper as specified hereinbelOW, and no cash shall change hands as to this purchase price. Agency will deliver a grant deed through escrow. 2. Agency will reimburse Redeveloper for losses sustained by Redeveloper in not continuing to conclusion with its approved development on the site immediately north of the property to be conveyed, which losses were sustained by Redeveloper agreeing to suspend construction of its then- approved project while plans for a Central City South Overlay Zone and realignment of -G" Street were being finalized. The parties agree that Redeveloper should be reimbursed by Agency far $376,919 in losses so encountered by Redeveloper, consisting of $237,669 in expenses incurred and rendered valueless, including the following: architect fees (Orange); engineer fees (Brown and Mullins); construction supervision (Delgado); on-site construction; building permits; real estate taxes; insurance; registrar fees; remarketing fees; trustee fee; and letter of credit fee. In addition, the loss of a beneficial construction contract and land carry costs have been compromised to a sum of $139,250. All such identified losses total $376,919, which agency agrees to pay Redeveloper. D-3'2.. ~~ c o o ~ 87-001260 3. Agency shall accept from Redeveloper a grant deed to that part of certain property presently owned by Redeveloper needed for the realignment of -G- Street right-of-way, which land Redeveloper will sell to Agency for $l28,000. 4. Agency's obligation under items 2 and 3 above, total $504,919. Of that, $448,500 will offset the purchase price provided for in Item 1 above, and the remaining $56,9l9 will be paid by the Agency by delivery of a promissory note to be paid over a period not to exceed five years from tax increment as it flows from Redeveloper's project, and bearing interest at the rate of 7.5'. 5. In addition, Agency recognizes that certain other costs, not definitely ascertainable at the time of execution of this agreement, will be sustained by Redeveloper, including possible costs of undergrounding earlier deposited with Southern California Edison Company, landscape design costs expended, some part of which may yet be salvaged, and grading costs expended, some part of which may yet be salvaged. Agency agrees to pay such costs, on the same basis as for the $56,919 specified above, by adding such amount to the promissory note to be executed, at such time as the costs are fully identified and agreed upon. The total additional costs to be so added to the promissory note are estimated at $72,6ll, but shall not exceed $ll2,044. In the event the parties are unable to agree upon the amount to be so added, the matter shall be submitted to an arbitrator, mutually agreed upon, whose decision shall be final as to the amount to 33 D-33 c o o 87-001260 :> $112,044. be so added, but not in ezcess of '9',999 in any event. The arbitrator shall also determine which party shall pay the costs of the arbitration, or the apportionment thereof among the parties. 6. Agency waives the right to ezercise eminent domain as to the property so long as it is owned by Redeveloper. 7. In the event Redeveloper is delayed by an act of God, strike, or other causes clearly beyond the control of Redeveloper, Agency agrees to negotiate reasonable extensions of times for performance specified in Exhibit D, provided Redeveloper notifies Agency in writing of the delay within thirty days of its first occurrence. 34 0-3~ c c o ~ 87-001260 EXHIBIT wCw GRANT DEED (Subject to Conditions Subsequent) The REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA, a public corporation, hereinafter called the Grantor, in consideration of the sum of FOUR HUNDRED FORTY- EIGHT THOUSAND FIVE HUNDRED DOLLARS ($448,500), to be paid by SIMA PARTNERSHIP NUMBER ONE, a California partnership, hereinafter called Grantee, pursuant to a Disposition and Joint Development Agreement between Grantor and Grantee, dated December ___, 1986, (the WAgreementW) and in further consideration of the covenants and conditions herein contained and to be kept and performed by the Grantee, does hereby grant and convey to the Grantee, its successors and assigns, in fee simple, all that real property in the City of San Bernardino, County of San Bernardino, State of California, described in Exhibit "A" attached hereto. Grantor and Grantee agree that, other than with respect to the foregoing granting provisions of this Deed, if there exists any conflict between the provisions hereof and the Agreement, the terms and conditions of the Agreement shall control. The Grantee does hereby acknowledge receipt of a copy of the Redevelopment Plan for the Central City South Redevelopment Project, approved by Ordinance No. 3572 of the City of San Bernardino, which Ordinance was adopted, May 3, ~~ ~~~ c ,."',\ v ~ ~ 8'i1-00126a :) 1976, which is hereinafter referred to as the -Redevelopment Plan", said Redevelopment Plan containing as a part thereof that certain Declaration of Restrictions which became effective under said Ordinance and which is hereinafter referred to as the -Restrictions". The Grantee, for itself, its successors and assigns, does hereby covenant and agree with, and for the benefit of, the Grantor, its successors and assigns, as follows: 1. Grantee, its successors and assigns, will hold, occupy and use the aforesaid real property subject to and in accordance with all the terms, conditions, limitations, restrictions, requirements and covenants set forth in the Redevelopment Plan and the Restrictions as in effect on the date of this Deed. Said terms, conditions, limitations, restrictions and covenants "running with the land" and shall be binding for the benefit and in favor of, and be enforceable by, the Grantor, its successors and assigns, the City of San Bernardino, and any successor in interest to the Grantee of the Property or any part thereof. 2. <al The Grantee herein covenants by and for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof" and all persons claiming under or through them, that the Grantee, and such successors and assigns, shall (ll Devote the Property to uses consistent with the purposes of the Redevelopment Plan. n-1 c. c c o :) 87-001260 (2) Not discriminate upon the basis of race, sex, marital status, cOlor, creed, religion, physical ~andicap, national origin, ancestry, age or handicapped status in the sale, lease, sublease, rental or transfer or in the use, occupancy, tenure or enjoyment of the Property or any improvement erected or to be erected thereon, or any part thereof, nor shall the Grantee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the property, or any part thereof. (3) Properly maintain the parking areas, landscaped areas and parkways on the Property, and that, if Grantee fails to remedy any failure after thirty (30) days notice from Grantor or the City of San Bernardino (the "City"), Grantor or City shall have the right to enter the Property, and undertake or cause to be undertaken such maintenance activities. In such event, Grantee, its successors or assigns, shall reimburs~ City or Grantor for all reasonable sums incurred for such maintenance activities. (b) The foregoing agreements and covenants, as set forth in subdivision (a) of Section 2 of this Deed, shall be covenants running with the land, and they shall in any event, without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding to the fullest extent 37 0-37 c o o 87-001260 :) permitted by law and equity, for the benefit and in favor of, and be enforceable by the Grantor, its successors and assigns, the City, and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subsection (1) of subdivision (a) of Section 2 of this Deed shall remain in effect for a period of forty-five (45) years from the date upon which said Ordinance became effective, at which time such agreement and covenant shall terminate, and that the agreement and covenant provided in subsection (2) of subdivision (a) of Section 2 hereof shall remain in effect without limitation as to time1 provided that such agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in or possession or occupancy of, the Property or part thereof. The term .uses speCified in the Redevelopment Plan" and "land use" referring to provisions of the Redevelopment Plan, or similar language, in the agreement shall include the land and all buildings, housing, and other requirements or restrictions of the Redevelopment Plan pertaining to such land. 3. In amplification and not in restriction of, the provisions of Section 2, hereof, it is intended and agreed that the Grantor and its successors and assigns shall be 38 0-38 c o o ""'\ 8'"'1 '...,I ,-001260 deemed beneficiaries of the agreements and covenants provided in said Section 2 hereof, both for and in their or its own right and also for the purpose of protecting the interests of the City and other parties, public or private, in whose favor or for whose benefit such agreements and covenants have been provided. This Deed creates no cause of action enforceable by any person or party other than the Grantor or the City of San Bernardino. Such agreements and covenants shall run in favor of the Grantor, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the Grantor has at any time been, remains, or is an owner of any land or interest therein, or in favor of which, such agreements and covenants relate. The Grantor shall have the right, in the event of any breach of any such agreement or covenant, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled, subject to the notice and cure provisions of the Agreement. (THIS DEED IS GIVEN SUBJECT TO A CONDITION SUBSEQUENT, AS FOLLOWS: ) 4. In the event Grantee shall default in the performance of Grantee's undertakings for the construction of certain improvements on the Property within the time and in the manner set forth in the Agreement, or if the Grantee shall fail to pay real estate taxes or assessments on the Property when due; or 39 0-31 c o () - "'"" 87-001260 shall place thereon any encumbrance or lien unauthori~ed by the agreement, or shall suffer any levy, lien, or attachment to be made with respect to the Property, or there is in violation of the Agreement, any transfer of the Property or any part thereof, or any transfer of the ownership of the Grantee entity in violation of the terms of the Agreement and if, prior to execution and delivery by Grantor to Grantee of a Certificate of Completion, Grantor shall record in the office of the County Recorder of the County of San Bernardino, State of California, a written Declaration of Termination referring to this Deed, then this Deed and conveyance shall be null and void and all interest hereby granted and conveyed shall forthwith and without further notice to Grantee, become forfeited and shall revert to the Grantor. No such Declaration of Termination shall be recorded by Grantor until after full compliance with the notice and cure provisions contained in the Agreement. Any default by Grantee described in this Section 4 and the forfeiture of the Grantee's interest in the Property by reason of such default shall not in any manner impair, defeat or render invalid the interest of any mortgage or deed of trust, or of any beneficiary under any deed of trust or mortgage given by Grantee to secure a bona fide loan for the purpose of obtaining funds to acquire and/or develop all or part of the Property. (THE FOREGOING CONDITION SUBSEQUENT IS TERMINATED AND SHALL BE NULL AND VOID UPON RECORDING OF THE CERTIFICATE OF COMPLETION DULY EXECUTED BY AGENCY AS HEREINAFTER SPECIFIED.) 40 0-40 c \, ,""''\ , '-' 87-00126? 5. (a) Promptly after completion of the improvements in accordance with the provisions of the Agreement, the Grantor will furnish the Grantee with a recordable Certificate of Completion as specified in the Agreement. The issuance of such Certificate by the Grantor shall be (and it shall be so provided in the Certificate itself), a conclusive determination of satisfaction and termination of the agreements and covenants in said Agreement and Section 4 of this Deed. (b) It is expressly understood by Grantor and Grantee, that the covenants contained in Section 2(a)1, 2(a)2, and 2(a)3 of this Deed are not subject to the Condition Subsequent specified in Section 4 hereof, but are enforceable under the other provisions of this Deed and as specified in the Agreement. These covenants and the provision for their enforcement shall, however, survive the termination of the Condition Subsequent and shall remain enforceable as otherwise provided. 6. None of the provisions of the Agreement are intended to or shall be merged by reason of this Deed transferring title to the Property from the Grantor to the Grantee, and this Deed shall not be deemed to affect or impair the provisions and covenants of said Agreement. However, the provisions referred to herein shall be deemed fully satisfied and terminated upon recording of the Certificate of Completion provided for in Section 5 41 D-41 c T" ,J' o 87-001260 7. The Grantor waives its right to exercise eminent domain as to this property so long as such property is owned by'Sima Partnership Number One. IN WITNESS WHEREOF, the Grantor and Grantee have executed this Deed by their respective officers thereunto duly qualified this day of , 19_. GRANTOR: REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO GRANTEE: SIMA PARTNERSHIP NUMBER ONE A California Partnership "''\ .....I By By~:t -<-~ ~ . ~ A General Partner Z Chairman By Secretary Approved as to form: AGENCY COUNSEL By 42 O-lii.. r '- c o :J 87-Q01260 ACKROWLBDGIIBlI/TS 43 0-43 c o o 87-0n12~ EXHIBIT -A- TO GRANT DEED DESCRIPTION OF PROPERTY The following described real property in the City of San Bernardino, County of San Bernardino, State of California: That portion of Lot 10, Block ll, Rancho San Bernardino, in the City of San Bernardino, County of San Bernardino, State of California, as per Map recorded in Book 7 Page 2 of Maps, in the office of the County Recorder of said county, described as follows: Beginning at a pOint on the south line of said Lot 10, 200.00 feet west of the southeast corner of said Lot lO, thence north o degrees 42 minutes 38 seconds west and parallel with the east line of said east line of said Lot lO a distance of 298.80 feet1 thence south 89 degrees l6 minutes 52 seconds west and parallel with the south line of said Lot lO a distance of 336.02 feet mor or less to the east line of -G" Street, as described in the Notice of Action recorded December 30, 1939 in Book 1408 Page 106 of Official Records of said countY1 thence south 37 degrees l5 minutes 08 seconds east along the northeasterly line of -G" Street 371.99 feet more or less to the south line of Lot 10, thence north 89 degrees l6 minutes 52 seconds east along the south line of said Lot 10 a distance of 114.48 feet more or less to the point of beginning. ' Excepting therefrom, however, those parts thereof required for highway right-of-way for the realignment of -G- Street at and immediately northerly from its intersection with Mill Street. The exact legal description of the property is to be determined by survey. (NOTE: Prior to execution and delivery of grant deed, Agency shall obtain a survey and proper legal description of the property being conveyed, and shall substitute a correct legal description as Exhibit -A".) 44 (r~~ c o o 87-00126? EXHIBIT wDw UNDERTAKINGS AND OBLIGATIONS OF REDEVELOPER Redeveloper agrees and undertakes to do the following: 1. To construct not less than 30,500 square feet of retail buildings and nineteen (19) industrial/office buildings containing not less than 60.856 square feet in Phase 1, with a total of not less than $3,000,000.00 of construction value, to be completed and in place not later than August 31, 1987. This phase of the project will be on property presently owned by Redeveloper northerly of the property described in Exhibit WA" which will lie easterly of wG" Street, as realigned. 2. To construct not less than $500,000 in additional retail office or industrial buildings within five years from the date of this agreement on the property lying westerly of wG" Street, as realigned. 3. To construct all the improvements for the realignment of WGW Street in accordance with the requirements of the City of San Bernardino's Department of Public Works/Engineering, and in accordance with the development standards required by the overlay zone now applicable to this area of the Central City South Project area. 4. To accept the provisions of this agreement as full satisfaction for any and all losses sustained by Redeveloper in not pursuing its right to complete construction of its development as originaaly planned. Redeveloper waives 45 D-I../:) - -- _. ~ .. f '- .,r..' () 87-OfU2t.,) -- any rights it may have had, or which it belives it may have had, to hold Agency, the City of San Bernardino, or any of their elected or appointed officers or employees liable fr any and all losses sustained in conjunction with the delays encountered and the possibility of exercise of eminent domain for the realignment of wG" Street. 5. To convey to Agency, for the amount of $l28,OOO payable as specified in Exhibit WB", the right of way required for wGw Street across Lot 11, Block ll, Rancho San Bernardino, as recorded in Book 7, Page 2 of Maps, San Bernardino County Records, being generally a portion of the southwest corner of that parcel. 46 n lI't