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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM: Gary Van Osdel
Executive Director
SUBJECT:
REDEVELOPMENT PLANNING
AND PARTICIPATION
AGREEMENT - SANTA FE DEPOT
REDEVELOPMENT
IMPLEMENTATION AREA
(PEARLMAN)
DATE: July 27, 2001
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Synopsis of Previous Commission/CouncillCommittee Action(s):
On April 5, 2001, the Redevelopment Committee authorized staff to give property owners in the
study area notice of owner participation opportunity to submit statements of interest to the Agency.
Staff was also directed to prepare a draft agreement for an exclusive right to negotiate.
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Recommended Motion(s):
(Community Development Commission)
MOTION A: That the Community Development Commission confirms that the redevelopment proposal and
statement of interest submitted by the Arthur Pearlman Corporation is most responsive to the overall
redevelopment ofthe study area.
MOTION B: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CHAIR OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO TO EXECUTE A REDEVELOPMENT
PLANNING AND PARTICIPATION AGREEMENT FOR THE SANTA FE DEPOT
._____________________~.PE~ELO~~_~!}~!..!_E~.E_~~!_..IION AREA (PEARJ,.M.~2'l______________________
Contact Person(s):
Gary Van Osdell Margaret Park
Phone:
663-1044
Project Area( s)
Uptown, Mt. Vernon Corridor
Ward(s):
One (I)
Supporting Data Attached: l&J Staff Report l&J Resolution(s) l&JAgreement(s)/Contract(s) 0 Map(s) 0 LellerIMemo
FUNDING REQUIREMENTS Amount: $
o
Source:
SIGNATURE:
N/A
~p~
Margaret ark, Projecl Manager
Development Department
ciiiiiiiiTsSfODTcouncilNoies:----------------------------------------------------------------
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COMMISSION MEETING AGENDA
Meeting Date: 08/06/2001
Agenda Item Number: -8.a.L
Economic Development Agency Staff Report
ERN - Pearlman
August 6, 2001
Page Number -2-
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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Redevelopment Planninl! and Participation Al!reement - Santa Fe Depot Redevelopment
Implementation Area (Pearlman)
BACKGROUND
On April 5, 2001, the Redevelopment Committee considered a request for an exclusive right to
negotiate for development in the area from the Arthur Pearlman Corporation, who is an
experienced retail development firm with financial resources needed for large-scale
developments.
While no site plans have been created, the area surrounding the Santa Fe Depot is zoned for
primarily commercial and industrial and development consistent with both the Depot and the
lntermodal Facility would be considered. The locale under study is shown in Exhibit "A" and
encompasses approximately 105 acres.
On May 23, 2001, Agency staff issued a "Notice to Property Owners Requesting Submission of
Statements of Interest in Participating in Redevelopment" to all property owners in the study
area. Staff followed both Uptown and Mt. Vernon Corridor owner participation rules and
notified the owners by first class mail regarding their right to submit competing redevelopment
proposals. Pursuant to those rules, owners were given a 30-day period to submit a written
statement of intent to submit a proposal.
Of the 250 property owners notified, 35 returned Statements of Interest. Responses are broken
down as follows:
SOl's Sent
Returned due to bad address
Yes,sell
Yes, non-committal
Yes, expand business
Yes, continue as is
Opposed
No Response
228 100.0%
49 21.5%
20 8.8%
10 4.4%
1 0.4%
3 1.0%
1 0.4%
144 63.6%
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COMMISSION MEETING AGENDA
Meeting Date: 08/06/2001
Agenda Item Number: 1l.a..J
Economic Development Agency Staff Report
ERN - Pearlman
August 6, 200 I
Page Number -3-
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Of the thirty-five (35) responses returned, almost 60% would like to sell their property. 30% of
the respondents were interested but non-committal. The following businesses are interested in
staying at their current location:
I. FMS Performance, an existing automotive business, is interested in expanding onto a
nearby lot.
2. Blue Soft Laundry, Discount Market, Mona's Bar, and General Brakes and Supply would
like to continue their businesses at their present locations.
3. One residential owner was opposed to any proposed redevelopment of his property.
While a few businesses are interested in maintaining their own properties and one business wants
to expand, it appears that none of the owners was willing to take the lead on an area wide master
plan project. However, judging by the number of prospective sellers and non-committal property
owners, it appears that there may be some interest in getting involved in the preliminary
exploration and analysis for a redevelopment project. Nevertheless, the only party expressing
interest in developing an area wide master plan has been the Arthur Pearlman Corporation.
REDEVELOPMENT PLANNING AND PARTICIPATION AGREEMENT
Attached is a proposed Redevelopment Planning and Participation Agreement with the Arthur
Pearlman Corporation. It provides for a I-year period within which to negotiate a Disposition
and Development Agreement (DDA). During that period of time, the Participant and Agency
will explore the possibilities for redevelopment and research all aspects of a potential plan for the
area. The Participant will conduct necessary financial, environmental, planning, traffic,
relocation and related studies. Existence of the Agreement will also allow the Participant to
secure preliminary commitments from major tenants interested in locating in San Bernardino.
Apart from defining obligations of both Agency and Arthur Pearlman Corporation regarding
conduct of needed studies, the Agreement provides that the Participant pay the costs to prepare
the plans and studies typically required under an exclusive negotiating arrangement. Because the
firm has a proven ability to create an approvable project, staff does not believe that a good faith
deposit is necessary.
FISCAL IMPACT
There is no immediate fiscal impact on the Agency apart from staff time commitment. If
approved, this agreement provides no budget authorization. Once a more specific plan is created,
Agency staff will present a budget request to the Commission
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COMMISSION MEETING AGENDA
Meeting Date: 08/06/2001
Agenda Item Number: R:J.J
Economic Development Agency Staff Report
ERN - Pearlman
August 6, 2001
Page Number -4-
RECOMMENDATION
It is recommended that the Commission confirm that the Arthur Pearlman Corporation Statement
of Interest letter is the most responsive to redevelopment needs of the area and approve the
attached resolution authorizing the execution of the Redevelopment Planning and Participation
Agreement with Arthur Pearlman Corporation for the Santa Fe Depot Redevelopment
12""'"" Are .
?I:
ary V sdel
Exec Ive Director
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COMMISSION MEETING AGENDA
Meeting Date: 08/0612001
Agenda Item Number: Rd.1
07130/2001 10:20
3104545228
ARTHUR PEARLMAN CORP
PAGE 02/02
Arthur Pearlman
CORPORATION
ThUJSday, April 5, 2001
Gary Van Osdel
CITY OF SAN BERNARDINO
201 North E Street, Suite 301
San Bernardino, CA 92401-1507
RE: Santa Fe Depot
Dear Gary:
Thank you for introducing us to the Santa Fe Depot Redevelopment project. The rehabilitation
of the historic rail depot building will be a valuable resource to the entire community. The
various "multimodal" elements will create a strong local and regional draw to this area. As we
discU6Sed the next mitural step is to redevelop the land uses south and east of the Depot to
maximize the benefits of this redevelopment.
Our interest is in redeveloping the commercial and residential properties east of Mount Vernon
west of the 215 freeway and north of Second Street to the Santa Fe Depot property. We think
that a redevelopment of this area would provide the City an opportunity to show case the Depot
and our company a development project providing goods, services andjobs to the local
community.
Please let this letter serve as our statement of interest in participating in the redevelopment of the
Santa Fe Rail Depot and adjacent land uses. Please let us know when the Agency will be
proceeding with the project and how we might participate or be of service to your staff.
..,J' I
Once agsin please accept our thanks to you and Margaret Park for considering our company for
this project. ,
~1,
Arthur Pearlman Corporation
Steven J Feldennan
Vice President of Development
SlF/ep
ce. Arthur L. Pearlman
1137 Second Stroln, Suite! 100 Santa Muni,:.., CA ~)0403 TC'I: 310/2(;().2426 Fax: 310/260-63'.1i4
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RESOLUTION NO. ...:......-
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO
AUTHORIZING THE CHAIR OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO TO EXECUTE A REDEVELOPMENT
PLANNING AND PARTICIPATION AGREEMENT FOR
THE SANTA FE DEPOT REDEVELOPMENT
IMPLEMENTATION AREA (ARTHUR PEARLMAN
CORPORATION)
WHEREAS, the Community Development Commission of the City of San Bernardino
(the "Commission") is the governing body of the Redevelopment Agency of the City of San
Bernardino (the "Agency"), a public body corporate and politic, organized and existing pursuant
to the Community Redevelopment Law (California Health and Safety Code Section 33000, et
II
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seq.); and
WHEREAS, on April 5, 2001, the Agency received a request from the Arthur Pearlman
Corporation (the "Participant") to study the feasibility of preparing a redevelopment master plan
for the area around the Santa Fe Depot (the "Agency Implementation Area"); and
WHEREAS, on May 23, 2001, the Agency mailed, via first class mail, a "Notice to
Property Owners Requesting Submission of Statements of Interest in Participating in
Redevelopment" (the "Statement ofInterest") to all property owners as listed in the County of
San Bernardino Assessor's Tax Rolls within the Agency Implementation Area, for the purpose 0
inviting such property owners to participate in the redevelopment of their property in accordance
with the previously adopted redevelopment plans; and
WHEREAS, each such property owner was given 30 days to respond to the Agency by
providing a Statement of Interest, and at the end of such 30 day period the Agency had received
35 Statements ofInterest as summarized in the Agency staff report which accompanied the
adoption of this Resolution; and
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WHEREAS, no response or proposal contained in any of the Statements ofIntent
submitted by property owners in the Agency Implementation Area is comparable to the
preliminary redevelopment proposal of the Participant.
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BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION I. The Statements of Interest as received from owners of property within the
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Agency Implementation Area are hereby received and filed. The Commission hereby finds and
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determines that the proposal submitted by the Participant for the study of the feasibility of
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redeveloping the Agency Implementation Area appears to offer the community a reasonable and
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comprehensive means of addressing and eliminating the problems of blight which adversely
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affect the Agency Implementation Area. The Commission further finds and determines that the
proposal of the Participant is preferred at this time to any such Statement ofInterest and
accordingly no further action or consideration by the Commission is necessary or required in
IS
connection with any such Statement ofInterest.
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SECTION 2. The Chair of the Community Development Commission of the City of San
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Bernardino is hereby authorized and directed to execute a Redevelopment Planning and
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Participation Agreement for the Santa Fe Depot Redevelopment Implementation Area with
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Arthur Pearlman Corporation, a copy of which is attached hereto and marked as Exhibit "A" and
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incorporated herein by reference.
SECTION 3. The authorization to execute the above referenced agreement is rescinded
if the parties to the agreement fail to execute it and return it to the Office of the City Clerk within
sixty (60) days following the effective date.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE CHAIR OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO TO EXECUTE A
REDEVELOPMENT PLANNING AND PARTICIPATION AGREEMENT
FOR THE SANTA FE DEPOT REDEVELOPMENT IMPLEMENTATION
AREA (ARTHUR PEARLMAN CORPORATION)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Community Development Commission of the City of San Bernardino at a
8 meeting thereof, held on the _day of
, 2001, by the following vote, to wit:
Commission Members:
Abstain
Absent
Nays
Ayes
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
Secretary
The foregoing resolution is hereby approved this
day of
,2001.
Judith Valles, Chairperson
Community Development Commission
City of San Bernardino
Approved as to form and Legal Content:
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2001
REDEVELOPMENT PLANNING
AND PARTICIPATION AGREEMENT
(Santa Fe Depot Redevelopment Implementation Area)
THIS REDEVELOPMENT PLANNING AND PARTICIPATION AGREEMENT
("Agreement") is entered into as of August 6, 2001 by and between
the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a body
corporate and politic ("Agency") and Arthur Pearlman Corporation, a
California corporation, jointly and severally (collectively
referred to herein as the "Participant" with respect to the
following facts:
RECITALS --
WHEREAS, an area of the City of San Bernardino (the
"City") generally bounded by Mt. Vernon Avenue on the west, King
Street and Rialto Avenue on the south, Interstate 215 on the east
and the Santa Fe Intermodal Facility on the north as depicted in
the vicinity map attached as Exhibit "AU (the "Agency
Implementation AreaU)is included within the Uptown and Mt. Vernon
Corridor redevelopment project areas; and
WHEREAS, the Agency Implementation Area contains
transportation, infrastructure, retail, residentially and
commercially developed properties, and the Agency will initiate
certain studies and proposals to address a number of issues of
community concern in the Agency Implementation Area relating to
blight and conditions associated with obsolete commercial design,
deferred maintenance, traffic circulation and commercial-
residential neighborhood property use conflicts and community
design in an effort to prevent the spread of blight; and
WHEREAS, the consideration of one or more specific
proposals or plans for a coordinated and economically sustainable
redevelopment project in the Agency Implementation Area will
require specific study, evaluation, and planning of appropriate and
feasible community redevelopment program alternatives and at this
time the resources available to the community to pay for such
studies, evaluations and planning is limited; and
WHEREAS, the Participant has agreed to submit a
conceptual proposal to the Agency for the redevelopment of a
substantial portion of the Agency Implementation Area which
includes certain development assumptions and forecasts, including
SBEO/0001/DOC/3552-2
10/26/99 1120 ct
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an assumption that the Participant shall acquire certain lands in
the Agency Implementation Area which are presently owned by third
parties on terms which are economically feasible for the
Participant, and which are also acceptable to all interested
persons; and
WHEREAS, the Participant proposes to pay certain costs,
subject to Participant's prior approval, to the Agency to reimburse
the Agency for costs in connection with the mutual consideration of
the proj ect Study and the proj ect, as def ined below, and other
reasonable and feasible alternative redevelopment programs for the
Agency Implementation Area by the Participant and the Agency
(herein "Project Study Costs"), subject to the.terms and conditions
as set forth below.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND SUCH
OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS
HEREBY ACKNOWLEDGED BY THE PARTIES, THE AGENCY AND THE PARTICIPANT
AGREE AS FOLLOWS:
Section 1:
Term of Agreement.
(a) The rights and duties of the parties established by
this Agreement shall commence on the date of acceptance of
this Agreement by the governing board of the Agency as
evidenced by the signatur~s of its authorized officers as
appear on page 13, below, and thereafter this Agreement shall
terminate and be of no further force or effect August 6, 2002
unless prior to that time:
(i) the Participant delivers notice to Agency as
set forth in Section 10(a) suspending the obligation of
the Participant to pay the Agency further installments of
Project Study Costs and terminating this Agreement; or
(ii) the Agency delivers notice to the Participant
suspending the Project Study and terminating the
Agreement as set forth in Section 10(b); or
(iii) the parties agree to extend the term of this
Agreement in the sole discretion of each of them.
(b) The rights and duties of the parties established by
this Agreement shall be subject to mutual release and
discharge prior to August 6, 2002 by the governing board of
the Agency, at such time as the parties execute a separate
participation agreement (herein the "Project OPA/DDA") for a
SBEO/0001/DOC/3552-2
10/26/99 1120 ct
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specific plan of reuse and redevelopment of a Project,on
terms, conditions and community redevelopment covenants as
mutually acceptable to the Participant and the Agency (the
"Project") in the sole and absolute discretion of each of
them."
Section 2.
[Reserved - - No Text]
Section 3.
[Reserved - - No Text]
Section 4.
Project Study.
(a) Within thirty (30) days following the date of
approval of this Agreement by the governing board of the
Agency, the Agency shall in consideration with the Participant
initiate the preparation of a feasibility study for the
redevelopment of the Agency Implementation Area under one or
more specific Project scenarios as mutually proposed by the
Participant and the Agency (the "Project Study"). TheAgency
may retain the services of a firm of community redevelopment
planning and environmental consultants to assist the Agency
staff in the preparation of the various investigations,
surveys and reports appropriate in connection with the Project
Study and the evaluation of the Project. The parties shall,
as part of the preparation of the Project Study, agree upon a
specific allocation of responsibility as mutually acceptable
to pay for third party costs, if any which may be incurred.
(b) On a best efforts basis, the Agency shall cause the
initial phase of the Project Study as evidenced by the.
completion of an "Initial Study" for the Project as this term
is defined under CEQA, to be prepared and completed at such
time as the Agency and Participant deem appropriate.
Thereafter, the Agency shall on a best efforts basis, and
subject to the cooperation of the Participant, cause a draft
environmental impact report for the Project to be circulated
for public comment and review by such time as the Agency and
Participant deem appropriate. Subject to the privilege of
either party to suspend the Project Study prior to its
completion as set forth in Section l(a) or (b), as applicable,
each of the parties presently believes that the Project Study
can be completed, including without limitation, the conduct of
a public hearing on a final environmental improvement report
for the Project, within one (1) year following the date of
approval of this Agreement by the governing board of the
Agency.
SBEO/0001/DOC/3552-2
10/26/99 1120 ct
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Section 5:
the Project Study, the
good faith to:
Obligations of the Participant. During
Participant shall proceed diligently and in
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(1) prepare a specific plan of development in sufficient
detail to be satisfactory for the purposes of considering the
terms of a proposed Project OPA/DDA for a well-planned and
high quality intermodal transportation/retail/commercial/
industrial/office reuse and redevelopment improvement of the
Agency Implementation Area which is also acceptable to the
Agency.
(2) prepare and complete reuse and redevelopment
marketing plans and feasibility studies as may be appropriate
for the types of intermodal transportation/ retail/commercial/
industrial/office users/tenants and improvements proposed to
be included within the scope of the Project OPA/DDA.
(3) obtain one or more commitment letters from qualified
commercial/industrial/office tenants for the reuse of the
Agency Implementation Area as part of this Project.
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(4) cooperate with the Agency to the extent reasonably
feasible and without economic subsidy by the Participant to
accommodate the redevelopment interests, if any, of the owners
and intermodal transportation/ retail/commercial/ industrial/
office tenants of lands in the Agency Implementation Area as
part of the Project.
(5) keep the Agency advised as to the progress of the
matters noted above on a regular basis, and submit to the
Agency within a reasonable time after the acceptance of the
Agreement a preliminary development proforma, together with
other pertinent information with respect to the redevelopment
of the Project.
Section 6: Agency to Limit Offers of Redevelopment
Assistance to Others. The Agency acknowledges that it deems the
reuse and redevelopment of the Agency Implementation Area to be
necessary as part of a sustainable plan for the prevention and
elimination of blight in the Agency Implementation Area and/or
nearby lands, and that the Participant appears to be well qualified
to undertake the task of further refining and finalizing a specific
and feasible plan for the redevelopment of the Project in a manner
which is compatible with the community redevelopment needs
objectives within the Agency Implementation Area.
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SBEO/0001/DOC/3552-2
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During the time that this Agreement is in effect, the
Agency shall not offer or negotiate with any third party for the
purpose of considering the provision of redevelopment assistance in
connection with the acquisition or reuse and redevelopment of
property wi thin the Agency Implementation Area. Further, the
Agency shall not offer or provide redevelopment financial
assistance or provide financing to third persons for the
installation of public improvements or otherwise exercise
redevelopment powers to assist with the assembly of lands or the
relocation of persons, households, or businesses within the Agency
Implementation Area except as may be set forth in the Project
OPA/DDA and on terms mutually acceptable to the Participant and the
Agency in the sole and absolute discretion of each of them.
During the time that this Agreement is in effect, the
Agency shall not be precluded, however, from acquiring lands in the
Agency Implementation Area from third parties on such terms as the
Agency and such third parties may agree, although the Agency shall
have no duty to acquire any such lands, nor shall the Agency be
deemed to be precluded from furnishing to other persons or entities
unrelated to the Participant information in the possession of the
Agency relating to the Agency Implementation Area, and the Project
Study. The designation of community redevelopment activities and
projects which may be undertaken using Agency assistance in the
Agency Implementation Area, shall remain within the sole and
exclusive purview of the Agency to administer and approve. The
Agency may also provide any other information in its possession
which would customarily be furnished to persons requesting
information from the Agency concerning its activities, goals, and
matters of a similar nature.
Section 7: Agency Cooperation. During the term of
this Agreement the Agency shall use its best efforts to:
(1) Assemble and evaluate information in cooperation
with the Participant and to assist in the preparation of one
or more conceptual development plans for the Project of
sufficient detail to provide a basis for estimating the cost
of certain components of the reuse and redevelopment of the
Agency Implementation Area, including but not limited to
vacation, realignment or abandonment of public streets, alleys
and rights-of-way, and the installation and improvement of
public improvements within or of benefit to the Agency
Implementation Area and the completion of all required
environmental evaluation of the Project.
SBEO/0001/DOC/3SS2-2
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(2) Select and retain the services of such consultants
as necessary or convenient to assist the Agency to prepare the
Project Study.
(3) Pursue public financing alternatives for the reuse
and redevelopment of the Agency Implementation Area and the
Project as may be necessary or appropriate.
(4) Consult, as appropriate, with third party owners of
lands concerning the coordination of the acquisition, reuse or
redevelopment of their property within the Project.
(5) The Agency shall, on a regular basis keep the
Participant advised as to the progress of the matters noted
above.
(6) The Agency shall use its best efforts to work with
federal agencies, Cal-Trans and other non-City agencies to
determine how sources for financial and other assistance from
such third party agencies, may be required and integrated into
a specific plan of redevelopment to implement the Project.
Section 8: Negotiation of a Project OPA/DDA. During
the course of the Project Study, the Agency and the Participant
shall exercise best efforts to negotiate the terms and conditions
of a Project OPA/DDA, which includes provisions and covenants
mutually acceptable to the parties in the sole and absolute
discretion of each of them for the reuse and redevelopment of the
Agency Implementation Area.
Section 9:
[RESERVED .-- NO TEXT]
Section 10:
Optional Termination By Participant or By
Agency.
(a) Provided the Participant is not in default, the
Participant may in its sole and absolute discretion exercise an
election to suspend the Project Study, and this Agreement shall
terminate and the parties shall be mutually released from any
further obligations hereunder; provided that the Participant gives
thirty (30) days written notice to the Agency and has paid all
Project Study costs allocated to the Participant, if any, under
Section 4(a)
(b) Provided the Agency is not in default, the Agency
may in its sole and absolute discretion exercise an election to
suspend the Project Study, and this Agreement shall terminate and
SBEO/0001/DOC/3552-2
10/26/99 1120 ct
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the parties shall be mutually
hereunder thirty (30) days
Participant.
released frem any further ebligatien
fellewing written netice to. the
(c) In the event that this Agreement may be terminated
by the Agency as set ferth in Sectien l(a) (ii), the Agency shall
pay the Participant a sum ef meney equal to. ene-half (1/2) ef the
preject Study Cests as allecated to. the Participant under Sectien
4(a), if any, which have been previeusly inveiced and paid to. the
Agency by the Participant. The Agency shall pay such sum to. the
Participant within Sixty (60) days fellewing the date ef the netice
ef the Agency terminating this Agreement.
Sectien 11: Participant Financial Disclesures. The
Participant acknewledges that it may be requested to. make certain
financial disclesures to. the Agency, its staff er legal ceunsel.
The Participant further acknewledges that it may be requested to.
disclese to. the Agency the relevant terms ef its prepesed metheds
ef financing to. be used by the Participant fer the reuse and
redevelepment ef the Site. The Agency agrees that it shall
maintain all such infermatien and recerds as a cenfidential
business matter ef the Agency to. the extent permitted by law.
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Sectien 12:
Preperty frem the Agency
Relecatien Assistance.
Participant Acquires No. Interest in
and the Agency Assumes No. Liability fer
(a) The Participant hereby acknewledges that it has net
acquired pursuant to. this Agreement, any legal er equitable
interest in real preperty in the Agency Implementatien Area frem
the Agency..
(b) No. tenant er ether persen in pessessien ef any
interest in lands er imprevements lecated in the Agency
Implementatien Area is required er cempelled to. relecate as part ef
this Agreement. The Agency shall net be respensible fer the
payment ef any claim fer relecatien assistance, as generally
described in Gevernment Cede Sectien 7260, et seq., to. any such
persen er business as ef the date ef the Agreement except as may
hereafter be specifically set ferth in the preject OPA/DDA.
Sectien 13: Nendiscriminatien. The Participant shall
net discriminate against ner segregate any persen, er greup ef
persens en acceunt ef race, celer, creed, religien, sex, marital
status, handicap, natienal erigin er ancestry in the sale, lease,
sublease, transfer, use, eccupancy, tenure er enjeyment ef the
prej ect ner shall the Participant establish er permit any such
~,-,
...........
SBEO/0001/DOC/3552-2
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7
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practice of discrimination or segregation with selection, location,
number, use, or occupancy of tenants, lessees, subleases,
subtenants, or vendees of the land.
Section 14: Defaults and Breach - General. Failure or
delay by either party to perform any material term or provision of
this Agreement shall constitute a default under this Agreement;
provided however, that if the party who is otherwise claimed to be
in default by the other party commences to cure, correct or remedy
the alleged default within thirty (30) calendar days after receipt
of written notice specifying such default and shall diligently
complete such cure, correction or remedy, such party shall not be
deemed to be in default hereunder.
The party that may claim that a default has occurred
shall give written notice of default to the party in default,
specifying the alleged default. Delay in giving such notice shall
not constitute a waiver of any default nor shall it change the time
of default; provided, however, the injured party shall have no
right to exercise any remedy for a default as set forth herein
without delivering the written default notice as specified herein.
Any failure to delay by a party in asserting any of its
rights and remedies as to any default shall not operate as a waiver
of any default or of any rights or remedies associated with such a
default. .
In the event that a default of either party may remain
uncured for more than thirty (30) calendar days following written
notice, as provided above, a "breach" shall be deemed to have
occurred. Except for the exercise of a remedy for which the sole
remedy set forth herein is termination of this Agreement, in the
event of a breach, the party who is not in default shall be
entitled to seek any other appropriate remedy by initiating legal
proceedings. The costs, salary and expenses of the City Attorney
and members of his office in enforcing this Agreement shall be
considered as "attorney's fees".
Section 15: Termination of Agreement. In the event
that a breach has occurred under Section 14, the party who is not
then in default may terminate this Agreement by serving the other
party with a written notice of termination, and thereafter the
Agreement shall terminate thirty (30) days following the date of
service of the notice of termination on the other party.
Section 16: No Assignment of Agreement. This
Agreement shall not be assigned by the Participant (except to a new
or successor entity in which the principals of the Participant
SBEO/0001/DOC/3552-2
10/26/99 1120 ct
8
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shall have either an ownership interest. and or management control)
without prior written approval of the Agency, which the Agency may
grant or refuse at its sole discretion.
Section 17: Press Releases. The Participant agrees to
discuss any press releases it may propose relating to the Project
with a designated Agency representative prior to publication in
order to assure accuracy and consistency of the information.
Section 18: Notice. All notices required hereunder
shall be presented in person or by FAX, and confirmed by First
Class United States mail with return receipt requested. Notice
shall be deemed confirmed by United States mail effective the
second business day after deposit with the United States postal
service. Notice by personal service shall be deemed effective upon
receipt. Either party may change their address for receipt of
notice by notifying the other party.
TO PARTICIPANT:
Arthur Pearlman Corporation
1137 Second St., Suite 100
Santa Monica, CA 90403
Attn: Arthur Pearlman
Phone: (310) 260-2425
Fax: (310) 260-6334
COPY TO:
Mr. Edward Dygert, Esq.
COX, CASTLE & NICHOLSON
19800 MacArthur Blvd. Suite 600
Irvine, CA 92612-2435
Phone: (949)260-2642
Fax: (949)476-0256
TO AGENCY:
Redevelopment Agency of the
City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, CA 92401
Attn: Margaret Park, AICP
Phone: (909) 663-1044
Fax: (909) 888-9413
SBEO/0001/00C/3552-2
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9
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Section 19: Authority. This Agreement may be executed
in counterparts and when fully executed by the parties each such
counterpart shall be deemed to be one original document. Each
signatory to this Agreement represents and warrants that he or she
has the authority to execute this Agreement on behalf of the party
which he or she represents.
IIII
IIII
IIII
IIII
IIII
SBEO/0001/DOC/3552-2
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IN WITNESS WHEREOF, the undersigned have executed this
Agreement on the dates indicated next to each of their signatures
as appear below.
Date:
Date:
ATTEST:
By:
Agency Secretary
APPROVED AS TO FORM:
By:
Agency Special Counsel
SBEO/0001/DOC/3552-2
10/26/99 1120 ct
PARTICIPANT
Arthur Pearlman Corporation,
a California corporation
By:
for Arthur Pearlman Corporation
AGENCY
Redevelopment Agency of the City
of San Bernardino
By:
Chair of the Community
Development Commission of
the City of San Bernardino
11
~
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Dale Adopted): '6-""0 \ Item #
Vote: Ayes 1-'1 Nays-B
Change to motion to amend original documents:
~ 2.\ Resolution # Cae)? (',0 I - 0\
Abstain .-e- Absent .-e-
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: -=---
Direct Ciiy Clerk 10 (circle I): PUBLISH, POST, RECORD W/COUNTY
f'r
Date Senl to Mayor: )$-- 1'<'''' 1
Date of Mayor's Signature: f.<:;-o I
Date ofClerklCDC Signature: I<--q-O \
Date MemolLeller Senl for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney
Parks & Rec.
Code Compliance
Dev. Services
Public Services
Water
Police
Notes:
0f.)A o~("'\~('\c:.. Slr':",..'.Pr-n...e t.~
NulVVoidAfter:ioo D~ \ /'O-S-Ol
I
By: -
Reso. Log Updated:
Seal Impressed:
,/"
./
Date Returned: '1. "0 I
Yes ./' No By
Yes No ./ By
Yes No ./ By
Yes No v By
Yes No/ By
EDA ,/
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ~
Date: ~-l-O I
Revised 01 I 12/0 1