HomeMy WebLinkAboutR05-Redevelopment Agency
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-REDlEvaoPMENT AOBNCY'.RBQUEST FOR CO-lSSION/COUNcIL ACTION
Glenda Saul, Executive Director
. SALE OF ORANGEWOOD PARK TO SAN
Subject: BERNARDINO COMMUNITY HOSPITAL
,""om:
"'Pt:
Date:
Redevelopment Agency
July 15, 1986
Synopsis of Previous Commission/CouncillCtion:
7/7/86 To aet public hearing on 7/21/86 at 11:00 for aa1e of Orangewood Park to
San Bernardino Community Hoapita1.
Recommended motion:
OPEN PUBLIC HEARING
CLOSE PUBLIC HEARING
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A)
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF A
GRANT DEED CONVEYING CERTAIN PROPERTY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO FOR USE IN DEVELOPMENT OF THE NORTHWEST REDEVELOPOMENT PROJECT
AREA.
(MAYOR AND COMMON COUNCIL)
B)
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE OF THAT CERTAIN PARCEL OF
PROPERTY IDENTIFIED AS APN 143-051-05 AND APN 143-391-02, LOCATED ON THE WEST SIDE OF
MUSCOTT DRIVE, 300 FEET SOUTH OF 19TH STREET, BY THE COMMUNITY DEVELOPMENT COMMISSION
TO SAN BERNARDINO COMMUNITY HOSPITAL.
SEE ATTACHED CONTINUATION SHEET
Signature
Glenda Saul
Contact person:
YES
Phone:
~83-5081
Supporting dati attached:
115,70U.OU
Ward:
NW lE-Z)
FUNDING REQUIREMENTS:
Amount: $
NONE
Project:
July ;u, HIlO
No edvene Impact on City:
Oil Notes:
Date:
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CONTINUATION SHEET
(MAYOR AND COMMON COUNCIL)
C)
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION
OF A DISPOSITION AND JOINT DEVELOPMENT AGREEMENT AMONG THE CITY OF SAN BERNARDINO,
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO COMMUNITY HOSPITAL.
(COMMUNITY DEVELOPMENT COMMITTEE)
D)
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMISSION OF THE CITY OF SAN BERNARDINO
ACCEPTING CONVEYANCE FORM THE CITY OF SAN BERNARDINO, AND AUTHORIZING AND
DIRECTING SECRETARY TO EXECUTE AN ACCEPTANCE - (NORTHWEST REDEVELOPMENT PROJECT
AREA) .
E)
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A DISPOSITION AND JOINT DEVELOPMENT
AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO AND THE SAN BERNARDINO COMMUNITY HOSPITAL.
.
1250G
7/15/86
CI-N OF SAN BERNARDI,;o - REQUen FOR COUNCIL AC~N
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75-0264
STAFF REPORT
San Bernardino Community Hospital has undertaken a major expansion project in the
Northwest Redevelopment Project Area in order to construct a professional office
complex under the expansion program. The community hospital has requested
assistance from Redevelopment Aaency to purchase the Orangewood Park site from the
City Parks and Recreation Department and sell the site to Community Hospital. In
order to comply with Civil Code section 33433, a Public Hearing must be conducted
for the sale.
The Public Hearing has been set for 11:00 a.m. on Monday, July 21, 1986.
If there are no objections to this transaction, staff requests authorization to
purchase the Orangewood Park site from the City of San Bernardino Parks and
Recreation Department and to sell said park site to San Bernardino Community
Hospital for the development of the Professional Office Complex.
Exhibits "A" and "B" attached hereto present the obligations of the respective
departments and the benefits associated with the project.
1250G
7/15/86
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0 I. PARKS DEPARTMENT OBLIGATIONS
A. Transfer site to RDA
B. Enter agreement with RDA to
use proceeds of sale to Improve
Rio Vista Park.
II. RDA OBLIGATIONS
A. Reimburse Parks Dept. $115.700
for site.
B. Enter Agreement with Hospital
for development of site.
1. Hospital to sign note/
TO for $115,700 to
Agency.
C. Enter agreement with Parks Dept.
to Improve Rio Vista site.
0 III. COMMUNITY HOSPITAL OBLIGATIONS
A. Purchase site from RDA and
execute note to Agency for
$115,700.
B. Enter agreement with RDA to
develop site.
IV. AGENCY COUNSEL OBLIGATIONS
A. Prepare Disposition and Joint
Development Agreement among
Parks Dept., RDA, and Community
Hospital with provisions
disclosed at meeting of 6/6/86.
V. ENGINEERING DEPARTMENT 08LIGATIONS
A. Prepare Grant Deed for transfer
of site from Parks Dept. to RDA.
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EXHIBIT "A"
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ACTION NEEDED
Grant deed provided by
Engineering Department.
Submit site plan and
schedule of Improvements.
Pay Parks Dept. $115,700
upon receipt of deed.
Direct Tax Increment funds
to pay hospital's note.
Parks Dept. to submit site
plan and Improvement
schedule
Grant Deed and Note/Trust
Deed provided by RDA.
Hospital to present site
plan, proforma build-out
schedule.
Agency Counsel to prepare
draft agreement.
Grant Deed to be prepared.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING EXECUTION OF A GRANT DEED CONVEYING CERTAIN PROPERTY TO
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
BERNARDINO FOR USE IN DEVELOPMENT OF THE NORTHWEST REDEVELOPMENT
PROJECT AREA.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute a grant deed conveying
8 that certain property described in Exhibit wAw, annexed hereto
9 and incorporated herein by reference, to the Community
10 Development Commission of the City of San Bernardino, it being
11 the intention of the Mayor and Common Council of the City of San
12 Bernardino that such property shall be utilized by the Community
13 Development Commission in a manner to assist in the development
<:) 14 of the Northwest Redevelopment Project Area, for use in
15 conjunction with the development of a medical office complex and
related development. The Mayor and Common Council specifically
find that such use of the property is consistent with the
provisions of the Community Development Law of the State of
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California, and that the City may properly convey real estate to
the Community Development Commission to assist that body in its
redevelopment activities.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
day of
meeting thereof, held on the
, 1986, by the following vote, to
wit:
/ / / /
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AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
, 1986.
Mayor of the City of San Bernardino
11 Approved as to form:
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14 City Attorney
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EXHIBIT "A" TO GRANT DEED
LEGAL DESCRIPTION
That certain parcel of land in the City of San Bernardino,
County of San Bernardino, State of California, described as
follows:
That portion of Lots 6 and 3l, of the Mount Vernon Orange
Grove and Fruit Company's Lands, as per plat recorded in Book 12
of Maps, Page l6, records of San Bernardino County, described as
follows: Beginning at a point on the West line of Muscott
Street, 82.5 feet wide, at a point 303.00 feet Southerly from the
South line of 19th Street (formerly Linville) 60 feet wide,
thence Southerly along the West line of said Muscott Street a
distance of 322 feet, thence Westerly and parallel to the South
line of said 19th Street, a distance of 7l8.81 feet1 thence
Northerly and parallel to the West line of said Muscott Street a
distance of 322 feet1 thence Easterly and parallel to the South
line of said 19th Street a distance of 718.8l feet to the point
of beginning.
SUBJECT TO:
Covenants, conditions, restrictions, reservations,
easements and rights of way of record, if any.
EXHIBiT A
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1
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE
2 OF THAT CERTAIN PARCEL OF PROPERTY IDENTIFIED AS APN 143-051-05
3 AND APN 143-391-02, LOCATED ON THE WEST SIDE OF MUSCOTT DRIVE,
300 FEET SOUTH OF 19TH STREET, BY THE COMMUNITY DEVELOPMENT
4 COMMISSION TO SAN BERNARDINO COMMUNITY HOSPITAL.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6
SECTION l.
Recitals.
7
A. The Community Development Commission of the City of San
8 Bernardino ("Commission") proposes to sell to the San Bernardino
9 Community Hospital ("Developer"), that certain parcel of property
10 identified as APN 143-051-05 and APN 143-391-02 located on the
11 west side of Muscott Drive, 300 feet south of 19th Street, which
12
parcel is legally described as set forth in Exhibit "A", attached
13 hereto d i t d h . b f f f
an ncorpora e ereln y re erence, or a sum 0
14
$ll5,700 which will be paid by the Developer by promissory note
15
secured by deed of trust.
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B. Notice of the time and place of hearing has been given
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as required by law.
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C.
The Commission has made available for public inspection
and copying a summary of financial aspects of the proposed sale.
20
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fair market value of the interest to be conveyed by Commission,
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determined at the highest use permitted for such property, is
D.
The summary of financial aspects represents that the
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$115,700.
24
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Safety Code Section 33433.
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E.
All hearings have been held as required by Health and
Based upon the representations
SECTION 2.
Determination.
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of Commission, it is found and declared that the consideration
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for the real property described above, in accordance with
covenants and conditions governing the sale, is not less than the
fair market value of the property determined at the highest use
permitted for such property.
SECTION 3. Approval. The Mayor and Common Council of the
City of San Bernardino hereby approve the sale of said property
upon the terms and conditions set forth in this resolution and
the summary of financial aspects, attached hereto as Exhibit "B"
9 and incorporated herein by reference.
10 I HEREBY CERTIFY that the foregoing resolution was duly
11 adopted by the Mayor and Common Council of the City of San
12 Bernardino at a meeting thereof, held on the
13 day of , 1986, by the following vote, to
14 wit:
15
16
17
18
19
20
2]
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23 of
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25
Approved as to form:
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AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
, 1986.
Mayor of the City of San Bernardino
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EXHIBIT "A" TO GRANT DEED
LEGAL DESCRIPTION
That certain parcelo.f land in the City of San Bernardino,
County of San Bernardino, State of California, described as
follows:
That portion of Lots 6 and 3l, of the Mount Vernon Orange
Grove and Fruit Company's Lands, as per plat recorded in Book 12
of Maps, Page l6, records of San Bernardino County, described as
follows: Beginning at a point on the West line of Muscott
Street, 82.5 feet wide, at a point 303.00 feet Southerly from the
South line of 19th Street (formerly Linville) 60 feet wide,
thence Southerly along the West line of said Muscott Street a
distance of 322 feet; thence Westerly and parallel to the South
line of said 19th Street, a distance of 718.81 feet, thence
Northerly and parallel to the West line of said Muscott Street a
distance of 322 feet, thence Easterly and parallel to the South
line of said 19th Street a distance of 718.81 feet to the point
of beginning.
SUBJECT TO:
Covenants, conditions, restrictions, reservations,
easements and rights of way of record, if any.
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SUMMARY OF FINANCIAL ASPECTS
OF A PROPOSED PUROlASE OF
REDEVELOPMENT AGENCY REAL PROPERTY LOCATED
WITIlIN TIlE NORTHWEST REDEVELOPMENT PR:lJECT AREA
'1'0 THE SAN BERNARDINO (x)MMUNITY HOSPITAL
It is proposed that the REDEVELOPMENT AGENCY OF TIlE CITY OF SANBERN&RDINO, ("Agency"),
will sell to the San Bemardino Community Hospital ("Developer"), real property iClentified
as APN 143-051-05 and APN 143-391-02, located on the West side of Muscott Drive, 300 feet
South of 19th Street. A map of the site is attached hereto as Exhibit "A".
The Developer i,s offering to purchase said property for the sum of $115,700.00, and
proposes to construct a Professional Office Complex on the site to service the Hospital.
Since the real property to be sold has been acquired through the use of tax incre-
ment 1IIOnies, the following Financial SUIllIIlary is hereby submitted in accordance with
Section 33433 of the California Health and Safety Code.
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CD.
1. (X)ST '1'0 AGENCY
See Exhibit "B" for breakdown of Costs.
$ 117 ,027.60
2. PUROlASE PRICE '1'0 BE PAID BY DEVELOPER
Approximately 231,457 S.F. @ $ .50/S.F.
$ 115,700.00
3. NET (X)ST TO AGENCY
See Exhibit "B" for breakdown of Costs.
$ 1,327.60
4.
The estimated val.ue of the interest to be sold, determined at the highest
uses permitted under the ReClevelopment Plan is $115,700.00.
5.
Although Developer will execute a Note and Deed of Trust in favor of Redevelop-
ment Agency, repayment of the Note will be made through tax increment IIDnies
generated from the development.
6.
A copy of the form ()f Disposition and Joint Development Agreement is attached
as Exhibit "C". (Available upon request.)
7.
A Joint Public Hearing of the Mayor and Q)DlIIlOn Q)uncil and the Collllllunity
Development Commission of the City of San Bernardino on the Bale of this
property by the Redevelopment Agency is schedule for 11.00 a.m., July 21,
1986, in the Q)uncil Olambers.
July 7, 1986
fXHIBIT
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A DISPOSITION AND JOINT DEVELOPMENT
AGREEMENT AMONG THE CITY OF SAN BERNARDINO, THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND THE BAN BERNARDINO
COMMUNITY HOSPITAL.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6
SECTION l. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute for and on behalf of
8 said City a Disposition and Joint Development Agreement among the
9 City of San Bernardino, the Redevelopment Agency of the City of
10 San Bernardino and the San Bernardino Community Hospital. A copy
11 of said Agreement is attached hereto as Exhibit "l" and
12 incorporated herein by this reference as though fully set forth
13 at length.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a
17 day of
18 wit:
meeting thereof, held on the
, 1986, by the following vote, to
19
20
21 NAYS:
22
Council Members
AYES:
23
24
25
26
27
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ABSENT:
of
City Clerk
The foregoing resolution is hereby approved this
, 1986.
day
Mayor of the City of San Bernardino
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Approved as to form:
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3 City Attorney
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
2 CITY OF SAN BERNARDINO ACCEPTING CONVEYANCE FROM THE CITY OF SAN
3 BERNARDINO, AND AUTHORIZING AND DIRECTING SECRETARY TO EXECUTE AN
ACCEPTANCE - (NORTHWEST REDEVELOPMENT PROJECT AREA).
4
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
5 THE CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Community Development Commission of the City
7 of San Bernardino hereby accepts the conveyance from the City of
8 San Bernardino of that real property described in Exhibit "A",
9 annexed hereto and incorporated herein by reference. The
10 Secretary of the Community Develpment Commission is authorized
1] and directed to execute an acceptance of such conveyance on
12
behalf of the Commission.
13 Dated:
14
15 Approved as to form:
16
AGENCY COUNSEL
17
18 By
d/$~~ ~y
Allen R. Briggs
The foregoing resolution was duly adopted by the following
vote, to wit:
AYES:
Members
NAYS:
ABSENT or
ABSTAIN:
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EXHIBIT -A- TO GRANT DEED
LEGAL DESCRIPTION
That certain parcel of land in the City of San Bernardino,
County of San Bernardino, State of California, described as
follows:
That portion of Lots 6 and 31, of the Mount Vernon Orange
Grove and Fruit Company's Lands, as per plat recorded in Book 12
of Maps, Page 16, records of San Bernardino County, described as
follows: Beginning at a point on the West line of Muscott
Street, 82.5 feet wide, at a point 303.00 feet Southerly from the
South line of 19th Street (formerly Linville) 60 feet wide,
thence Southerly along the West line of said Muscott Street a
distance of 322 feet, thence Westerly and parallel to the South
line of said 19th Street, a distance of 7l8.8l feet, thence
Northerly and parallel to the West line of said Muscott Street a
distance of 322 feet1 thence Easterly and parallel to the South
line of said 19th Street a distance of 7l8.8l feet to the point
of beginning.
SUBJECT TO:
Covenants, conditions, restrictions, reservations,
easements and rights of way of record, if any.
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RESOLUTION NO.
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1
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
2 CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
A DISPOSITION AND JOINT DEVELOPMENT AGREEMENT AMONG THE CITY OF
3 SAN BERNARDINO, THE REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AND THE SAN BERNARDINO COMMUNITY HOSPITAL.
4
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
5 THE CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Chairman and Secretary of the Community
7 Development Commission of the City of San Bernardino are hereby
8 authorized and directed to execute for and on behalf of the
9 Redevelopment Agency of the City of San Bernardino a Disposition
10 and Joint Development Agreement among the City of San Bernardino,
11 the Redevelopment Agency of the City of San Bernardino and the
12 San Bernardino Community Hospital, with such non-substantive
13 changes to said Agreement as may be approved by the Chairman and
4:) 14 Agency Counsel. A copy of said Agreement is attached hereto as
15 Exhibit -1- and incorporated herein by this reference as though
16 fully set forth at length.
17 Dated:
18 Approved as to form:
19 AGENCY COUNSEL
20 /J/J k ~~.....
21 By tt!lZ 1\. ,if. ":0 -;;;Jz- -
Allen R. Briggs ..
22
The foregoing resolution was duly adopted by the following
23 vote, to wit:
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26
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AYES:
Members
NAYS:
ABSENT or
ABSTAIN:
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Recording Requested by:
REDEVELOPMENT AGENCY
When Recorded Mail toi.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
300 North "D" Street, Rm. 320
San Bernardino, CA 92418
DISPOSITION AND JOINT DEVELOPMENT AGREEMENT
BY AND AMONG
THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, CALIFORNIA,
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THE CITY OF SAN BERNARDINO,
AND
THE SAN BERNARDINO COMMUNITY HOSPITAL
(NORTHWEST PROJECT AREA)
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
DISPOSITION AND JOINT DEVELOPMENT AGREEMENT
NORTHWEST PROJECT AREA
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THIS AGREEMENT is made and entered into this day of
, 19___, by and among the REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, a public body
corporate and politic, hereinafter called the "Agency", the CITY
OF SAN BERNARDINO, a municipal body corporate, hereinafter called
the "City", and the SAN BERNARDINO COMMUNITY HOSPITAL, a
California non-prOfit corporation, hereinafter individually and
collectively 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 this City of San Bernardino, California, and, in this
connection, pursuant to Ordinance No. MC-l89 of the City of San
Bernardino, California, adopted July 6, 1982, the City and the
Agency have approved and adopted the "Redevelopment Planft.
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
Northwest Redevelopment Project (hereinafter called the
"Project") and the area within the Project (being hereinafter
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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 boundaries of said Redevelopment Project, and
under said Redevelopment Plan may be developed for private use.
(c) The Redeveloper had made an offer to purchase and to
redevelop such property in accordance with the uses specified in
the Redevelopment Plan. It is recognized that it may be
necessary to modify the actual improvements, and such
modifications will be subject to the approval of the Agency.
(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 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 July 2l, 1986, at which time the form of this
agreement was available for public examination. By Resolution
No. , adopted on July 2l, 1986, the Agency approved the
execution of this agreement, and determined that the method of
disposition provided for in this agreement is the most effective
method for accomplishing the objectives of this Agency.
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(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 Property. Conveyance 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 One Hundred Fifteen
Thousand Seven Hundred Dollars ($ll5,700). Said acquisition
price shall be paid in the form of a promissory note in form
approved by Agency Counsel to be delivered to Agency at the time
of delivery of the grant deed.
B. Upon delivery of the grant deed, title to the Property
shall be conveyed to the Redeveloper. Title shall be conveyed by
grant deed(s) substantially in the form attached hereto as
Exhibit "B", and by this reference made a part hereof. The
Agency shall prepare such deed(s).
C. The Redeveloper shall have the right to enter into
possession of the Property upon delivery of the grant deed from
Agency.
D. The title to the Property conveyed by the Agency to the
Redeveloper shall be a marketable title free and clear of all
encumbrances and exceptions, except as follows:
(i) The title shall be subject to the conditions and
restrictions set forth in the Declaration of Restrictions,
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recorded as Document No. 82-163589 in August, 1982, in the
official records in the County of San Bernardino, which
Declaration is incorporated herein by reference.
(ii) All of tbe agreements, covenants and conditions
undertaken by the Redeveloper under tbis agreement.
2. Obligations of Agency. The Agency shall be responsible
for and complete the actions set forth in Exhibit "C" 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. Obligations of Redeveloper.
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. Prior to the commencement of tbe above improvements, the
Redeveloper agrees to submit to the Agency a design sketch and
elevations therefor. If said design sketch and elevations
conform to said Redevelopment Plan, to Exhibit "E", "General
Design Data", attached hereto and made a part hereof, and to the
provisions of this agreement, the Agency shall approve them in
writing. Redeveloper shall also comply fully with City policies
and procedures, and obtain all requisite City permits.
C. All improvements shall be constructed in accordance with
all applicable State and local laws and regulations and shall
conform to the provisions of this agreement.
D. Prior to the delivery of the grant deed, and as a
condition precedent to the obligation of the Agency to convey the
Property to the Redeveloper, the Redeveloper shall submit to the
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Agency satisfactory evidence that the Redeveloper has the capital
and financing commitments necessary for the construction of the
improvements. Throughout the entire term of the construction of
the project contemplated herein, Redeveloper shall maintain, at
its own expense, signs provided by the Agency or containing
language approved by the Executive Director of Agency advising
the public of Agency's cooperation in the redevelopment of the
Property.
E. Until construction of said improvements has been
completed, the Redeveloper agrees to make a detailed written
report every six (6) months as to the progress of such
construction. During such period, the work of the Redeveloper
shall be subject to inspection by representatives of the Agency.
F. Prior to delivery of the Property to the Redeveloper,
the Agency shall permit the Redeveloper access thereto, whenever
and to the extent necessary to carry out the provision of this
agreement, subsequent to such delivery, the Redeveloper shall
permit access to the Property to the Agency and the City whenever
and to the extent necessary to carry out the provisions of this
agreement. In no case shall there be any compensation payable or
charge made in any form by or to either party for any such
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access.
4. Certificate of Completion.
A. Promptly after completion of the improvements in
accordance with the provisions of this agreement, the Agency will
furnish the Redeveloper with an appropriate Certificate of
c:> Completion. Such certificate by the Agency shall be conclusive
determination of satisfactory termination of the agreements and
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4:) covenants of this agreement and the grant deed, with respect to
the obligation of the Redeveloper, and its successors and
assigns, provided that such certification and such determination
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.
B. The certification 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
provisions of the Section, the Agency shall, within ninety (90)
days after written request by the Redeveloper, provide the
c:> Redeveloper with a written statement indicating in detail in what
respects the Redeveloper has failed to complete the improvements
in accordance with the provisions of this. agreement or is
otherwise in default 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 such certification.
5. Maintenance.
A. The Redeveloper agrees for itself, its successors and
assigns, and every successor in interest to the Property, or any
part thereof, that the Redeveloper and such successors and
assigns shall, to the Agency's satisfaction, properly maintain
the parking areas and landscaped areas and parkways on the
Property as shown on the design sketch and specifications for the
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Property approved by the Agency, and required by the conditions
and restrictions referred to in paragraph ID(i).
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B. In the event Redeveloper, its successors or assigns
fails to perform the maintenance as provided herein, the City
and/or the Agency shall have the right to enter the Property and
undertake or cause to be undertaken, such maintenance activities.
In such event, Redeveloper shall reimburse the City and/or the
Agency for all reasonable sums incurred by it for such
maintenance activities.
6. Restrictions on Use. The Redeveloper agrees for itself,
and its successors and assigns, and every successor in interest
to the Property, or any part thereof, that the Redeveloper and
such successors and assigns shall:
A. Devote the Property to, and only to and in accordance
with, the uses specified in the Redevelopment Plan. The terms
"uses specified in the Redevelopment Plan" and "land use"
referring to provisions of the Redevelopment Plan, or similar
language in this agreement, shall include the Property and all
buildings, and shall include all requirements or restrictions of
the Redevelopment Plan pertaining to such Property.
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 occupancy of
tenants, lessees, subtenants, sublessees, or vendees of the
Property, or any part thereof.
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7. Aaencv Ri9hts 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 Section 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. Such agreements and covenants 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, or in favor
of which, such agreements and covenants relate. 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, 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. Any leases made by the
Redeveloper covering the subject Property shall include all
applicable restrictions, covenants and conditions set forth in
Section 6 and 7 of this agreement. The Redeveloper and the
Agency agree to cooperate in enforcing such restrictions,
covenants and conditions.
8. Equal Employment Opportunity. The Redeveloper, for
itself and its successors and assigns, agrees that during the
construction of the improvements provided for in the agreement
that:
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A. The Redeveloper shall not discriminate against any
employee or applicant for employment because of race, sex,
marital status, color, creed, religion, physical bandicap,
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 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.
B. The Redeveloper shall, in all solicitations or
advertisements for employees 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 have the right to
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compel full compliance through an action for specific performance
of this Agreement.
E. The Redeveloper shall include the provisions of
subdivisions (a) through (c) of this Section in every contract,
and shall require the inclusion of these provisions in every
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 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.
9. Kinjmum and Prevailing Wage Rates for Laborers and
Mecbanics and Penalty. All laborers and mechanics employed upon
the work covered by this contract shall be paid unconditionally
and not less often than once each week, 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 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
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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 further agrees that this section shall inure to the
benefit of the Agency and all laborers and mechanics employed
upon the work 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 contractors 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.
lO. Prohibition AgAinst Assignment 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 and not for speculation in landholding. The
Redeveloper further recognizes:
(l) 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.
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B. Prohibition Against Transfer of Property and Assignment
of Agreement:
(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 or any successor in interest
to the Property, or any part thereof, to perform its obligations
with respect to making the improvements 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 proper completion of the
improvements as certified by the Agency, make or create, or
suffer to be made or created, any total or partial sale,
assignment, conveyance, or grant any trust or power, or transfer
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in any other mode or form with respect to, this agreement or the
Property, or any part thereof or any inte~est therein, or enter
into any contract or agreement to do any of the same, without the
prior written approval of the Agency, provided that, prior to the
issuance by the Agency of the certificate provided for in Section
4A hereof as to the completion of construction of the
improvements on the Property, the Redeveloper may enter into any
lease of office space, facilities, or suites 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, that:
4:) (a) Any proposed transferee shall have the
qualifications and financial responsibility, as determined by the
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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).
(b) 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 agreement 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 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
improvements. 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)
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no transfer of or change with respect to ownership in the
Property or any part thereof, or any interest therein, however
consummated or occurring, and whether voluntary or involuntary,
shall operate legally o~ 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 improvements that the
Agency would have had, had there been no such transfer or change.
(c) There shall be submitted to the Agency for
review all instruments and other legal documents involved in
effecting any such proposed tranSfer, and if approved by the
Agency, its approval shall be indicated to the Redeveloper in
writing.
(d) The consideration payable for the transfer by
the transferee, or on its behalf, shall not exceed an amount
~epresenting the actual cost (including carrying charges) to the
Redeveloper of the Property (or allocable to the part thereof or
interest therein transferred) and the improvements, if any,
theretofore made the~eon 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 10 (relating to security for financing), for
profit prior to the completion of the improvements 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
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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 forthwith be paid to, the Agency.
(e) The Redeveloper and its transferee shall
comply with such other conditions as the Agency may find
desirable in order to achieve and comply with the purposes of the
Community Redevelopment Law, provided that, in the absence of
specific written agreement by the Agency to the contrary, no such
transfer or approval by the Agency thereof shall be deemed to
relieve the Redeveloper, or any other party bound in any way by
this agreement or otherwise with respect to this construction of
the improvements, from any of its obligations with respect
thereto.
ll. Default Prior to Conveyance. In the event that, prior
to conveyance of the Property to the Redeveloper and in violation
of this agreement, (i) the Redeveloper (or any successor in
interest) assigns or attempts to assign this agreement or any
rights therein or in the Property, or (ii) the Redeveloper does
not submit evidence that it has the necessary equity capital and
mortgage financing, in satisfactory form and in the manner and by
the date respectively provided in this agreement therefor, or the
Redeveloper does not pay the purchase price for, 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
shall, at the option of the Agency, be terminated by the Agency.
Upon such termination , neither the Redeveloper (or assignee or
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transferee) nor the Agency shall have any further rights against
or liability to the other under this agreement.
12. Default by Redeveloper Subsequent to Conveyance.
A. Any of the following circumstances shall constitute an
event of default:
(l) The Redeveloper (or successor in interest) shall
default in, or violate, its obligations with respect to the
construction of the improvements (including the nature and the
dates for the beginning and completion thereof), or shall abandon
or substantially suspend construction work, 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 materialsmen'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 ten (lO) 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 any part thereof.
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B. In any such event, the Agency shall have the right to
reenter and take possession of the Property and to terminate (and
revest in the Agency) the estate conveyed by the deed(s) 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
deed(s) shall contain a condition subsequent to the effect that,
in the event of any default, failure, violation, or other action
or inaction by the Redeveloper specified in clauses (l), (2), and
(3) of this subsection A above, the Agency at its option 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
deed(s) to the Redeveloper.
If the Agency records in the office of the County Recorder
of San Bernardino County a written Declaration of Forfeiture
referring to the deed(s) by which the Property is conveyed to the
Redeveloper, then said deedCs) and conveyance are null and void,
and all interest thereby conveyed shall forthwith and without
further notice to the Redeveloper become forfeited and shall
revert to the Agency, provided, that such condition subsequent
and any revesting of title as a result thereof in the Agency
shall always be subject to and limited by, and shall not defeat,
render invalid, or limit in any way (i) the lien of any mortgage
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.
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c. The Agency shall have the right to institute such
actions or proceedings as it may deem desirable for effectuating
the purposes of this Section, including also 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, and (subject to such mortgages, liens
and leasehold interests as provided in subsection B of this
Section) its successors in interest and assigns, in the Property
and the revesting of title thereto in the Agency, provided that
any delay by the Agency in instituting or prosecuting any such
actions or proceedings or otherwise asserting its rights under
this Section l2 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
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 12,
the Agency shall, pursuant to its responsibilities under the
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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:
First: 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
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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.
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.
l3. Default by Agency Subsequent to Convevance. In the
event that the Agency is unable 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 and its successors and assigns may initiate an action
to compel the Agency to repurchase the Property at the purchase
price specified in Section 1 with interest, and, in addition, to
compel the Agency to reimburse the Redeveloper for any and all
sums expended by the Redeveloper for the undeveloped portions of
the Property.
l4. Cumulative Remedies, Waivers.
A. The rights and remedies of the parties to this agreement
shall be cumulative, and the exercise by either party of anyone
or more of such remedies shall not preclude the exercise by it,
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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 the waiver with respect
to the particular obligation of the other party or condition to
its own obligation beyond those expressly 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.
B. The Redeveloper, for itself and its successors and
assigns, and all other persons who are or who shall become,
whether by express or implied assumption or otherwise, liable
upon, or subject to, any obligation or burden under this
agreement, hereby waives, to the fullest extent permitted by law
and equity, any and all claims or defenses otherwise available on
the ground of its (or their) being or having become a person in
the position of a surety, whether real, personal, or otherwise,
or whether by agreement or operation of law, including, without
limiting the generality of the foregoing, any and all claims and
defenses based upon extension of time, indulgence, or
modification of terms of contract.
15. Agency E~loyees. 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
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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.
l6. Attorneys 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.
17. Notice. Any notice to be given by either party to the
other shall be given by certified mail, return receipt requested,
postage prepaid, addressed as shown on their then current
letterheads.
18. Merger. 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 deed(s)
shall not be deemed to affect or impair the provisions and
covenants of this agreement.
19. Right to Modify. 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, with the consent of the Agency
and/or the City and all parties then having an interest in the
Property. No such termination, extension, modification or
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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. Operating Memoranda. It is recognized that the
redevelopment of the Project Area in accordance with the
Redevelopment Plan will require a close degree of cooperation
between the Agency, the Redeveloper and the City of San
Bernardino. It is further realized that experience will
demonstrate changes that will be required in the improvements,
maintenance and use of the Project Area and that a certain degree
of flexibility will be required, and it is to preserve such
flexibility that certain items have been covered in this
agreement in general terms only, with the understanding that
details are to be set forth in "Operating Memoranda." Each
operating memorandum shall be approved by the Agency, the Common
Council and the Redeveloper and shall be attached hereto as an
addendum and become a part thereof and may be changed and amended
from time to time as necessary with further approval by the
parties.
21. Assistance from the City. It is recognized that the
Agency's performance of its covenants under this agreement will
require the cooperation and assistance of the City. The Agency
will use its best efforts to obtain such cooperation and
assistance so as not to delay or prevent its performance under
this agreement.
22. Time is of the Very Essence. Agency shall have every
right to exercise its options upon any breach of time constraints
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whatever. All parties recognize that time is of the very essence
of this agreement
23. Validity Contingency. 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 (lO) days from the receipt thereof by the Redeveloper.
24. Execution. This agreement is executed in counterparts,
each of which shall be deemed to be an original and such
counterparts shall constitute one and the same instrument.
EXECUTED at
day of
, California, this
, 19_.
AGENCY:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
REDEVELOPER:
SAN BERNARDINO COMMUNITY
HOSPITAL
By
By
Chairman
By
By
Secretary
Approved as to form:
AGENCY COUNSEL
By
Allen R. Briggs
ATTEST:
CITY OF SAN BERNARDINO
By
City Clerk
Approved as to form:
Mayor
City Attorney
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EXHIBIT "A"
LEGAL DESCRIPTION
That certain parcel of land in the City of San Bernardino,
County of San Bernardino, State of California, described as
follows:
That portion of Lots 6 and 3l, of the Mount Vernon Orange
Grove and Fruit Company's Lands, as per plat recorded in Book 12
of Maps, Page 16, records of San Bernardino County, described as
follows: Beginning at a point on the West line of Muscott
Street, 82.5 feet wide, at a point 303.00 feet Southerly from the
South line of 19th Street (formerly Linville) 60 feet wide,
thence Southerly along the West line of said Muscott Street a
distance of 322 feet, thence Westerly and parallel to the South
line of said 19th Street, a distance of 718.8l feet, thence
Northerly and parallel to the West line of said Muscott Street a
distance of 322 feet, thence Easterly and parallel to the South
line of said 19th Street a distance of 7l8.8l feet to the point
of beginning.
SUBJECT TO:
Covenants, conditions, restrictions, reservations,
easements and rights of way of record, if any.
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EXHIBIT "B"
GRANT DEED
(Subject to Conditions Subsequent)
The REDEVELOPMENT AGENCY OF THE CITY OF BAN BERNARDINO,
CALIFORNIA, a public corporation, hereinafter called the Grantor,
in consideration of the sum of One Hunred Fifteen Thousand Seven
Hundred and nO/lOOs Dollars ($l15,700), to be paid by the SAN
BERNARDINO COMMUNITY HOSPITAL, a California non-profit
corporation, hereinafter called Grantee, and in further
consideration of the covenants and conditions herein contained
and to be kept and performed by the Grantee, does hereby grant to
the Grantee all that real property situated with the Northwest
Project Area, in the City of San Bernardino, County of San
Bernardino, State of California, hereinafter called the
"Property", described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
The Grantee does hereby acknowledge receipt of a copy of the
Redevelopment Plan for the Northwest Project Area, approved by
Ordinance No. Mc-l89 of the City of San Bernardino, which
Ordinance was adopted July 6, 1982, 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:
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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. 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, and the owner of any other land in
the Project Area.
2. (a) The Grantee herein covenants by and for himself,
his heirs, executors, administrators, and his 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
(l) Devote the Property to, and only to and in
accordance with, the uses specified in the Redevelopment Plan.
(2) Not discriminate upon the basis of race, sex,
marital status, color, creed, religion, physical handicap,
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.
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(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 by binding to the fullest extent permitted by law and
equity, for the benefit and in favor of, and be enforceable by
the Grantor, its successors and assigns, the City of San
Bernardino, California, and any successor in interest to the
Property or any part thereof, and the owner of any other land (or
of an interest in such land) in the subject Project Area, which
is subject to the land use requirements and restrictions of the
assigns 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 time, 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
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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 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. Such
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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
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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 property 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.
(THIS DEED IS GIVEN SUBJECT TO A CONDITION SUBSEQUENT, AS
FOLLOWS: )
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4. In the event Grantee shall default in the performance of
Grantee's undertakings for the construction of certain
improvements on the aforesaid real property within the time and
in the manner set forth in that certain Disposition and Joint
Development Agreement between the Grantor and the Grantee, dated
, 19___, and hereinafter referred to as the
"Agreement", or if the Grantee shall fail to pay real estate
taxes or assessments when due, or shall place thereon any
encumbrance or lien unauthorized by the agreement, or shall
suffer any levy, lien, or attachment to be made, or there is in
violation of the agreement, any transfer of the Property or any
part thereof, and if, prior to execution and delivery by Agency
of a Certificate of Compliance, Grantor shall record in the
office of the County Recorder of the County of San Bernardino,
State of California, a written Declaration of Forfeiture
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, provided, however, that the
breach of any such covenant and the forfeiture of the Grantee's
interest in said real property by reason of such breach shall not
in any manner impair, defeat or render invalid the interest of
any mortgage, trustee or beneficiary of any Deed of Trust
executed by Grantee to secure a loan for the purpose of obtaining
funds to acquire and/or develop all or part of the real property.
(THIS CONDITION SUBSEQUENT IS CANCELLED UPON RECORDING OF
THE CERTIFICATE OF COMPLIANCE DULY EXECUTED BY AGENCY AS
HEREINAFTER SPECIFIED.)
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5. (a) Promptly after completion of the improvements in
accordance with the provisions of said agreement, the Grantor
will furnish the Grantee with a appropriate instrument so
certifying. Such certification by the Grantor shall be (and it
shall be so provided in the certification itself), a conclusive
determination of satisfaction and termination of the agreements
and covenants in said agreement and to paragraph 4 of this deed
with respect to the obligation of the Grantee, and its successors
and assigns, provided, that such certification and such
determination shall not constitute evidence of compliance with,
or satisfaction of, any obligation of the Grantee to any holder
of a trust deed or mortgagee, or any insurer of a trust deed or
mortgage, securing money loaned to finance the improvements or
any part thereof.
(b) The certification 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 Grantor shall
refuse or fail to provide the certification in accordance with
the proVisions of this Section, the Grantor shall within 90 days
after written request by the Grantee, provide the Grantee with a
written statement, indicating in adequate detail in what respects
the Grantee has failed to complete the improvements in accordance
with the provisions of said agreement or is otherwise in default
and what measures or acts will be necessary in the opinion of the
Grantor, for the Grantee to take or perform in order to obtain
such certification.
6. None of the prOVisions of said agreement described in
Section 4 hereof, are intended to or shall be merged by reason of
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this deed transferring title to the property from the Grantor to
the Grantee in interest, and such deed shall not be deemed to
affect or impair the provisions and covenants of said agreement.
IN WITNESS WHEREOF, the Grantor and Grantee have executed
this deed by their respective officers thereunto duly qualified
this
day of
, 19_.
GRANTOR
GRANTEE
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
By
By
Chairman
By
By
Secretary
Approved as to form:
AGENCY COUNSEL
By
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EXHIBIT "A" TO GRANT DEED
LEGAL DESCRIPTION
That certain parcel of land in the City of San Bernardino,
County of San Bernardino, State of California, described as
follows:
That portion of Lots 6 and 3l, of the Mount Vernon Orange
Grove and Fruit Company's Lands, as per plat recorded in Book l2
of Maps, Page l6, records of San Bernardino County, described as
follows: Beginning at a point on the West line of Muscott
Street, 82.5 feet wide, at a point 303.00 feet Southerly from the
South line of 19th Street (formerly Linville) 60 feet wide;
thence Southerly along the West line of said Muscott Street a
distance of 322 feet, thence Westerly and parallel to the South
line of said 19th Street, a distance of 7l8.81 feet, thence
Northerly and parallel to the West line of said Muscott Street a
distance of 322 feet; thence Easterly and parallel to the South
line of said 19th Street a distance of 7l8.8l feet to the point
of beginning.
SUBJECT TO:
Covenants, conditions, restrictions, reservations,
easements and rights of way of record, if any.
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EXHIBIT "C.
UNDERTAKINGS AND OBLIGATIONS OF THE AGENCY
AGENCY AGREES TO:
I. Sell the property listed in Exhibit "A" to Redeveloper
for $ll5,700, with a grant deed to be delivered coincident with
the execution of this agreement, or within ten (lO) days after
Redeveloper shall present to Agency evidence of its ability to
finance this project, as required by Paragraph 3D of this
agreement, whichever shall last occur.
2. Accept a promissory note from Redeveloper in the amount
of $115,700, in form approved by Agency Counsel, which note shall
be paid by credits granted by Agency from tax increments received
by Agency as a result of the construction of this project by
Redeveloper.
2. In the event Agency's policy concerning payment of
prevailing wage shall be modified Agency shall negotiate with
Redeveloper in good faith to modify the provisions of Paragraph
10 of the Agreement.
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EXHIBIT "D"
UNDERTAKINGS AND OBLIGATIONS OF REDEVELOPER
REDEVELOPER AGREES TO:
1. Purchase the property listed in Exhibit "A" from Agency
for $115,700, payable according to the terms of a promissory note
in form approved by Agency Counsel. Such note shall provide
that, if Redeveloper fully develops the Property in compliance
with the terms of this agreement, the note shall be paid off by
credits to Redeveloper for tax increments realized by Agency from
this project.
2. Obtain a parcel map or lot line adjustment, as
appropriate.
3. Develop upon said property, and property adjoining that
property, a professional office complex of approximately 80,000
to lOO,OOO square feet of building space, at an estimated cost of
$8,000,000 to $10,000,000, and employ between 200 and 250
employees therein. The main portion of the office complex shall
be developed upon the property described in Exhibit "A", but not
all of the complex need be developed thereon.
4. Place said professional office complex on the tax rolls
of the County of San Bernardino, and cause said property to
remain on the tax rolls for at least twenty years.
4. Construction shall comply with the following schedule:
a. Provide plans and specifications for the
professional office complex to the City for plan check and review
not later than April l, 1987.
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b. Commence actual construction of the professional
office complex not later than December 31, 1987, and pursue such
construction diligently to completion.
c. Complete construction of the professional office
complex and receive Certificate of Occupancy from City not later
than April 1, 1989.
,
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EXHIBIT "F.
UNDERTAKINGS AND OBLIGATIONS OF CITY
CITY AGREES TO:
1. Convey to Agency not later than August l, 1986, the
property described in Exhibit "A" at a price of $115,700, plus
such reasonable costs as are incurred by the City incident to
such transfer. The actual value of such land is $ll5,700, as
appraised.
2. Appropriate the $ll5,700 net purchase price of the
property to the development of improvements to Rio Vista Park to
offset the loss of the Orangewood Park properties as a park and
recreation area serving the citizens of the Northwest
Redevelopment Project Area.
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No. 611\
Feb Ilf3
o
CERTIFICATE OF COMPLETION
FOR REDEVELOPER'S DISPOSITION AND JOINT DEVELOPMENT AGREEMENT
WHEREAS,
hereinafter called the "Redeveloper", bas entered into an Agreement with the
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
hereinafter called the "Agency" ; and
WHEREAS, said Agreement, dated
,19_,was
recorded on
,19
, Document No.
,
in the Official Records of the County Recorder of the County of San Bernardino,
State of California; and
WHEREAS, the Agency agreed in Section
of said Agreement to
furnish the Redeveloper with an instrument certifying completion of said
improvements in accordance with the provisions of said Agreement upon
Redeveloper's completion thereof; and
WHEREAS, the Agency, baving considered the report and recommendations
of its staff, has determined that the Redeveloper bas fully satisfied its obligations
for the construction of improvements on that certain parcel of real property more
particularly described in Exhibit "A", attached hereto and by this reference made a
part hereof.
NOW, THEREFORE, the Agency in accordance with the Agreement and does
hereby conclusively certify and give notice that the Redeveloper bas fully satisfied,
terminated, and completed, for itself, its successors and assigns, all covenants and
agreements with respect to the obligation of Redeveloper for the construction of
improvements, provided for in said Agreement upon the above described real
o property, located within the
Project Area.
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IN WITNESS WHEREOF, the Aaency has caused this Certificate to be
duly executed CI'l its behalf McI its Ileal to be hereunto affixed and attested on
this _ clay of
19
.
REDEVELOPMENT AGENCY OF THE
CITY OF SAN 8ERNARDINO, CALIFORNIA
Chairman
Secretary
(SEAL)
APPROVED AS TO LEGAL
FORM AND ADEQUACY:
Aaency Counsel
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LEGAL DESCRIPTION
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PARCEL OF PARCEL MAP AS
PER MAP RECORDED IN BOOK . PAGE OF
PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA.
EXHIBIT "A"
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