HomeMy WebLinkAboutR07-Redevelopment Agency
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ttAVB.OPMENT AGENCY.icau.ST FOR ~ISSION/COUNCIL ACTION
6:::
Glenda Saul, Executive Director
Subject:
AUTO CENTER. - TRANSFER OF LAND AND
AMENDMENT OF PROPERTY OWNER' S
PARTICIPATION AGREEMENT
Redevelopment Agency
Date: July 16, 1986
Synopsis of Previous Commission/Council ection:
12-2-86
Approval in concept of an OPA for development of an Auto Center.
12-23-86
Approval of Resolution 4831 authorizing an OPA with Orange Show Plaza
Associates.
7-7-86
Set Joint Public Hearing for July 21, 1986 at 11:00 &m.m to consider sale
of certain real property.
Recommended motion:
(SEE ATTACHED CONTINUATION SHEET)
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Sign ture
Contact person:
G1pntla !;lIIul
FUNDING REQUIREMENTS:
Amount: $
Phone: 383-5081
Ward: 3
Project: SEIP
Date: Tu1y 2' , 1ClB6
Supporting data attached:
YES
No edverse Impact on City:
(Oil Notes:
AlUlnrbll hAm Nn =/:;/1(':1
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REQUEST FOR AC!ION (CONT.)
RECOMMENDED MOTION:
(MAYOR & COMMON COUNCIL, COMMUNITY DEVELOPMENT COMMISSION)
A) OPEN JOINT PUBLIC HEARING TO CONSIDER THE SALE OF CERTAIN REAL PROPERTY BY
THE REDEVELOPMENT AGENCY TO ORANGE SHOW PLAZA ASSOCIATES.
B) CLOSE JOINT PUBLIC HEARING.
(MAYOR & COMMON COUNCIL)
C) MOVE TO ADOPT 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 SOUTHEAST INDUSTRIAL PARK PROJECT AREA.
D) MOVE TO ADOPT A RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE
OF THAT CERTAIN PARCEL OF PROPERTY IDENTIFIED AS APN 141-251-39, - BY THE
COMMUNITY DEVELOPMENT COMMISSION TO ORANGE SHOW PLAZA ASSOCIATES.
(COMMUNITY DEVELOPMENT COMMISSION)
E) MOVE TO ADOPT A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO ACCEPTING CONVEYANCE FROM THE CITY OF SAN BERNARDINO,
AND AUTHORIZING AND DIREC!ING SECRETARY TO EXECUTE AND ACCEPTANCE -
(SOUTHEAST PARK PROJECT).
(COMMUNITY DEVELOPMENT COMMISSION)
F) MOVE TO AUTHORIZE THE CHAIRMAN AND THE SECRETARY TO EXECUTE A SUBORDINATION
AGREEMENT SUBORDINATING THE AGENCY'S NOTE, TRUST DEED, AND THE OPA TO
CONSTRUCTION FINANCING DOCUMENTS, SUCH AGREEMENT TO BE IN FORM APPROVED BY
AGENCY COUNSEL.
(COMMUNITY DEVELOPMENT COMMISSION)
G) MOVE TO ADOPT A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A FIRST
AMENDMENT TO OWNER'S PARITCIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO AND ORANGE SHOW PLAZA ASSOCIATES - SOUTHEAST
INDUSTRIAL PARK PROJECT AREA.
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7/16/86
CIO OF SAN BERNARDICo - REQUEOr FOR COUNCIL AC~N
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75.0264
STAFF REPORT
TRANSFER OF APN 141-251-39 (Recommended motions c,d,e, and g)
At the time the Auto Center OPA was. approved in concept and at the time the
resolution authorizing its execution was adopted, it was the understanding of
staff that the project included a small triangular parcel on the north end of the
project. This was the intention of both staff and the developer and its was shown
this way in the reports to the Council (see attached map that was originally
presented on 12/2/85). The parcel is shown as about one quarter of an acre in
size on the assessor's map.
Although all of staff's calculations of benefits and costs were based upon the
inclusion of this parcel, it was inadvertently left out of the legal
descriptions. The parcel is owned by the City of San Bernardino. Staff and the
Redevelopment Committee recommend that we correct this error by the Agency
acquiring the City's interest in the parcel for one dollar ($1.00) and then
quitclaiming it to the developer for one dollar ($1.00).
SUBORDINATION TO CONSTRUCTION FINANCING (Recommended motion f)
In order to allow normal financing of improvements on the automobile center site
it will be necessary to subordinate the Agency's interest to the construction
financing documents. The City has control over the improvements to be required
and their construction will be in the public interest as part of the formation of
the auto center. The Redevelopment Committee and staff recommend that the
Commission agree to subordinate.
AMMENDMENT TO THE OPA (Recommended motion g)
The attached First Amendment to the OPA provides for the issuance of Certificates
of Compliance on each individual site after the developer has completed the
development work for each site and it is sold to an individual dealer. The Agency
retains, through the form of grant deed to be used, the right to repurchase from
the dealer in the event development is not completed by the dealer.
The amendment also provides for the transfer of APN 141-251-39 (the fist item
above) .
Finally the amendment updates the construction schedule, recognizing that ground
water problems that were referenced in the original agreement. It is anticipated
that construction can begin On a portion of the site prior to recording the final
map.
Below is a summary of this updated schedule:
Record Parcel Map
Record Construction Loan
Start Construction
Complete Site Work
Close escrow with
dealers on sale of
6 lots between
7-23-86
8-01-86
8-01-86
1-31-87
October 1-15, 1986
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7/16/86
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1
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
2 DIRECTING EXECUTION OF A GRANT DEED CONVEYING CERTAIN PROPERTY TO
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN
3 BERNARDINO FOR USE IN DEVELOPMENT OF THE SOUTHEAST INDUSTRIAL
PARK PROJECT AREA.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 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 "A", 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 Southeast Industrial Park Project Area, for use in
15 conjunction with the development of an auto sales plaza and
16 related development. The Mayor and Common Council specifically
17 find that such use of the property is consistent with the
18 provisions of the Community Development Law of the State of
19 California, and that the City may properly convey real estate to
20 the Community Development Commission to assist that body in its
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redevelopment activities.
I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
24
Bernardino at a
meeting thereof, held on the
, 1986, by the following vote, to
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wit:
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day of
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AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
, 1986.
day
Mayor of the City of San Bernardino
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11 Approved as to form:
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14 City Attorney
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~ Parcel nf Lot 22 of Block 5'. Rancho San Bernardino. in the
city of San B~rnardino. as ~?corded in Book 7 of Maps P6se
, R~~ol-a.~ r{ s-- -
., ~... - '..). :.:l;' 13:--....'""'1-,....::...0 c......""t\.
-... "c;:.. ......1..1 ............,.. '
d~s~~]bcd as follo~5:
SBid Parcel boun~ed on the Kortheast by Inter3tate High~ay No.
2J5. on the: \':~st by Orange Sho\-.' Roae a:-IC O' the South by Camino
P~'al as shoV.:1 Of: FarCEl :'1 a t:> :\0. 3-' 32 a~ ?( c:.:-ceo in Book 48 of
rarcel Maps Pagel ~a-BI Records of San ?ernEreino County.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE SALE
OF THAT CERTAIN PARCEL OF PROPERTY IDENTIFIED AS APN 141-251-39,_
BY THE COMMUNITY DEVELOPMENT COMMISSION TO ORANGE SHOW PLAZA
ASSOCIATES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Recitals.
A. The Community Development Commission of the City of San
Bernardino ("Commission") proposes to sell to Orange Show Plaza
Associates ("Developer"), that certain parcel of property
10 identified as APN 141-251-39 located northerly of Camino Real
11 Road and southerly of Orange Show Road, which parcel is legally
12 described as set forth in Exhibit "A", attached hereto and
13 incorporated herein by reference, for a sum of $1.00 which will
14 be paid by the Developer in cash.
B.
Notice of the time and place of hearing has been given
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16 as required by law.
17 C. The Commission has made available for public inspection
18 and copying a summary of financial aspects of the proposed sale.
19 D. The summary of financial aspects represents that the
20 fair market value of the interest to be conveyed by CommiSSion,
21 determined at the highest use permitted for such property, is
22 $16,039.
23 E. All hearings have been held as required by Health and
24 Safety Code Section 33433.
25 SECTION 2. Determination. Based upon the representations
26 of Commission, it is found and declared that the consideration
27 for the real property described above, in accordance with
28 covenants and conditions governing the sale, is less than the
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1 fair market value of the property determined at the highest use
2 permitted for such property. Such lesser consideration is
3 necessary in order to complete the conveyance of all property
4 originally intended to be conveyed at an earlier date, and to
5 enable the Developer to complete the construction of an auto
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sales plaza, which the Mayor and Common Council deem to be in the
public interest.
SECTION 3.
Approval.
The Mayor and Common Council of the
9 City of San Bernardino hereby approve the sale of said property
10 upon the terms and conditions set forth in this resolution and
11 the summary of financial aspects.
12 I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
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14 Bernardino at a
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Approved as to form:
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day of
meeting thereof, held on the
, 1986, by the following vote, to
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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~ parcel ~f Lot 22 of Block S., Rancho San Bernardino, 1n thE
city of San B~rnardino, as ??corded in Book 7 of Maps P6se
2, RccordE cf Sa~' 3~p~;Y~~~I~ Cn"unt\' ~0s~~it)c~ as fo]low~:
-.. ........ .....1., '-' ..... ..'
S~id Parcel bouncec on the Kortheast by !n~cr3tate High~ay No"
2!S. on the West by Orange Sho~ Road and on the South by Camino
Peal as sho~n on Parcel Map So. 3732 aE P(c~rded in Book 48 of
rarcel Maps Pages 80-81 Records of San ?ern~rdino County.
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SUMMARY or rINANCIAL ASPECTS
or PROPOSED SALE or
REDEVELOPMENT AGENCY IlEAL PROPEllXY LOCATED
It is proposed that the REDEVELOPMENT AGENCY or THE CITY or SAN BE8.NARDINO
(NAgencyN) will sell and Orange Show Plaza Associates (NDeveloperN). will buy the
parcel of real property located within the Southeast Industrial Park Project Area
described as APN 141-251-39 as shown on the attached Ezhibit NAN which 18
incorporated herein by reference as though fully set forth for the development of
an automobile sales center.
1. The cost of the sale by the Redevelopment Agency is $1.00.
2. The estimated value of the interest to be sold is $16.039.
The purchase price of the interests to be conveyed is the fair market value
thereof determined at the highest and best use consistent with the redevelopment
plan.
The ezplanation of the reasons for the difference as required by Section 33433 of
the California Health Code is as follows:
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Pursuant to Ordinance No. 3583 adopted June 21. 1976. the Agency and the City of
San Bernardino have heretofore adopted a redevelopment plan for the Southeast
Industrial Park Project Area.
The plan provides for the acquisition and sale of real property within the project
area.
On December 23. 1985 the Agency signed an Owner's Participation Agreement with
Orange Show Plaza Associates pursuant to Resolution 4831.
At the time the Auto Center OPA was approved in concept and at the time the
resolution authorizing its ezecution was adopted. it was the understanding of
stsff that the project included Assessor's Parcel Number 141-251-39 shown in
Ezhibit NAN. This was the intention of both staff and the developer and it was
shown this way in the reports to the Council. All of stsff's calculations of
benefits and costs were based upon inclusion of this parcel however it was
inadvertently left out of the legal descriptions.
It is in the public interest to include APN 141-251-39 in the land transfer to
Orange Show Plaza Associates in order to :
a) Provide for sound land use planning and a logical progession of uses across
the vacated Camino Real area.
b) Provide sufficient area for the ancillary use portion of the automobile sales
center project.
o c)
Prevent the creation of a small remainder parcel with unsafe access from
Orange Show Road adjacent to the 1-215 on ramp.
l256G
7/16/86
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO ACCEPTING CONVEYANCE FROM THE CITY OF SAN
BERNARDINO, AND AUTHORIZING AND DIRECTING SECRETARY TO EXECUTE AN
ACCEPTANCE - (SOUTHEAST INDUSTRIAL PARK PROJECT).
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Community Development Commission of the City
of San Bernardino hereby accepts the conveyance from the City of
San Bernardino of that real property described in Exhibit "A",
annexed hereto and incorporated herein by reference. The
10 Secretary of the Community Develpment Commission is authorized
11 and directed to execute an acceptance of such conveyance on
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behalf of the Commission.
13 Dated:
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15 Approved as to form:
16 AGENCY COUNSEL
By ~ -t.1:ir
The foregoing resolution was duly adopted by the following
vote, to wit:
AYES:
Members
NAYS:
ABSENT or
ABSTAIN:
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~ parcel nf Lot 22 of Block 54, Rancho San Bernardino, In thE
city of San Bernardino, as ~?corded in Book 7 of Maps P6~C
, R~~ol-a-~ rf ~-r .
... I \.;.-- -...-" .....:.1;' :3~'''''-'-r'':~ "',r Cnu~t\'
-... ..c: ......r.. U '-';1..'
~~s~~jbc~ as follo~s:
scid Parcel bounfe~ on the Kortheast by In:cr3tate High~ay No.
2J5. on the West by Orange Sho~ Road and on the South by Camino
Peal as sho~n on ParCEl Map So, 3~32 as ?tc~rdEd in Book ~B of
rarcel Maps Pages SO-SJ Records of San ?ern~rdino County.
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF
A FIRST AMENDMENT TO OWNER'S PARTICIPATION AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND ORANGE
SHOW PLAZA ASSOCIATES - SOUTHEAST INDUSTRIAL PARK PROJECT AREA.
BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Chairman and Secretary of the Community
Development Commission of the City of San Bernardino are hereby
authorized and directed to execute for and on behalf of the
Redevelopment Agency of the City of San Bernardino a First
Amendment to OWner's Participation Agreement between the
Redevelopment Agency of the City of San Bernardino and Orange
Show Plaza Associates, with such non-substantive changes to said
Amendment as may be approved by the Chairman and Agency Counsel.
A copy of said Amendment is attached hereto as Exhibit "I" and
incorporated herein by this reference as though fully set i~rtr.
at length.
Dated:
Approved as to form:
AGENCY COUNSEL
By ~~~~
The foregoing resolution was duly adopted by the following
vote, to wit:
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FIRST AMENDMENT TO OWNER'S PARTICIPATION AGREEMENT
ORANGE SHOW PLAZA ASSOCIATES
SOUTHEAST INDUSTRIAL PARK PROJECT AREA
THIS FIRST AMENDMENT TO AGREEMENT, made and entered into
5 this
6
day of
, 1986, by and
between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a
7 public body corporate and politic (hereinafter -Agency-), and
(hereinafter -Participating OWner-), amends that certain OWner's
Participation Agreement heretofore executed between the parties,
11 and recorded as Document No. 86-051984 in San Bernardino County
12 Records, on February 27, 1986.
13
That certain Owner's Participation Agreement (hereinafter
14 -the A t- f d t h . b . h b d d. th
greemen re erre 0 ere1na ove 1S ere y amen e 1n e
15
fOllowing respects:
16
1.
In addition to the present provisions of Paragraph 10
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concerning issuance of a Certificate of Compliance as to each
18 individual site upon completion of development by the
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Participating OWner in performance of the Agreement, the parties
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hereby agree that, in the event the Participating OWner has
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completed site development work as to any particular site and has
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entered into a sale agreement for sale of a particular site to a
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dealer or other appropriate purchaser of an individual site, and
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such sale is in full compliance with the terms of the Agreement,
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the Agency shall execute, for delivery through escrow, coincident
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with the delivery of title to the property to the purchaser from
Participating OWner, a Certificate of Compliance, certifying that
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the Participating OWner has completed its obligations as to the
individual parcel involved, including all site preparation work
for which the Participating Owner is obligated as to such
individual parcel. The Certificate of Compliance as to such an
individual site shall be recorded coincident with the grant deed
from Participating Owner to the purchaser, which grant deed shall
be in form approved by Agency, and shall contain the right of
purchase clause, as provided for in the Agreement, in the event
development is not completed by the purchaser in accordance with
the terms of the grant deed. The Certificate of Compliance shall
serve to exclude that individual parcel from any further or other
obligation under the Agreement, subject, however, to covenants
running with the land and the conditions of the grant deed.
2. In addition to the undertakings of Agency set forth in
Exhibit -B- to the Agreement, Agency agrees to acquire from the
City of San Bernardino any and all interest said City may have in
that certain property situated southerly and westerly of Orange
Show Road, westerly of the 1-215 Freeway, and northerly of El
Camino Real Street. Agency shall thereupon grant such property
to Participating Owner. A description of the property to be
granted to participating Owner is described on Exhibit "aW
annexed hereto and incorporated herein by reference, and is
depicted on the sketch appended as Exhibit WI". The road noted
Wto be vacatedW is to be vacated as part of the parcel map
process, which Participating Owner is to institute forthwith.
Participating Owner shall include the property described in
Exhibit Wa" within the parcel map, and shall pursue the parcel
map to completion without delay.
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3.
Participating Owner agrees to comply with the following
2 schedule:
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Record parcel map not later than July 23, 1986;
a.
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b. Record construction loan documents not later than August
5 1, 1986;
6 c. Start actual construction not later than August 1, 1986;
7 d. Close escrow with dealers on the sale of six (6) lots
8 between October 1 and October 15, 1986; and
9 e. Complete sitework by January 31, 1987.
10 4. In all other respects, the Agreement, as originally
1] executed between the parties, shall remain in full force and
12 effect, except as amended hereby.
13 IN WITNESS WHEREOF, the parties have ezecuted this agreement
14 effective as of the date and year first set forth above.
15 REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
ORANGE SHOW PLAZA ASSOCIATES
A California Limted Partnership,
By: DANIEL S. EVANS & ASSOCIATES,
INC., A California Corporation
and a General Partner
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17 B
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19 By
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Chairman
By
Daniel S. Evans, President
Secretary
21 Approved as to form:
AGENCY COUNSEL
And By: McMAHON-OLIPHANT PROPERTIES, INC.
A California Corporation and a
General Partner
By
By
Ronald McMahon, President
Allen R. Briggs
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B6-0519B~ 0
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c. Assure the prompt development by auto dealers of
at least six sites, by selling at least six sites (as
evidenced by recordation) to auto dealers by July 31, 1986,
under a purchase agreement obligating all such auto dealers to
start such development within six (6) months and complete
their development and commence business within fifteen (IS)
months from the date of purchase. A copy of the purchase
agreement form to be used by Participating Owner is attached
hereto as Exhibit -F-, and is incorporated herein by
reference. All such agreements shall be in substantially the
form set forth herein, subject to such variations therefrom in
particular cases as may be approved by Agency's Executive
Director and Agency Counsel. The purchase agreement shall
specifically contain a right of the Agency to purchase the
property from the auto dealer in the event the auto dealer
fails to comolete its development within the time specified,
and in the event that Participating Owner fails to exercise.
its rights to repurchase under that agreement. Sales to auto
dealers shall be subject to covenants, conditions and
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restrictions and reservation of easements, recorded as to the
property, which shall be in form set forth as Exhibit -G",
which is incorporated herein by reference, with such
modifications and changes thereto as may be approved by Agency
Counsel.
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3. Develop an auto service center, containing ancillary
facilities, meaning servic~ facilities generally related to an
auto business. Such facilities may include an automotive
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EXHIBIT -B-
UNDERTAKINGS AND OBLIGATIONS OF AGENCY
Agency undertakes and agrees to:
1. Upon certification that construction financing has
been secured by the dealership and upon presentation of
evidence satisfactory to Agency that the foundation has been
completed, Agency shall suspend interest upon one-eighth of
the principal balance of the promissory note as to each parcel
sold to a dealership; such suspension shall be conditional
upon issuance of a Certificate of Occupancy within ten (10)
months; upon issuance of the Certificate of Occupancy, Agency
shall write off, as credits against the promissory note to be
executed by Participating Owner, one-eighth of the principal
amount of the promissory note (but not the interest applicable
thereto), for each parcel sold by Participating Owner to an
auto dealer, as defined. The suspended part of the interest
shall also be written off at that point. When eight parcels
have been taken over by auto dealers and the requisite
construction financing, completed foundation and Certificate
of Occupancy have been evidenced, no principal balance shall
remain on the note. However, upon release of any such portion
of the principal the interest attributable thereto which has
not been suspended and forgiven, shall forthwith be due and
payable by Participating Owner, and no additional write downs
shall be given until the interest due is paid.
2. Pay, upon certification that construction financing
has been secured by the dealership and upon presentation of
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86-05198~
evidence satisfactory to Agency that the foundation has been
completed, to Participating Owner, after each of sites 7, 8,
9, and 10 are sold, and after the sale of up to two additional
auto dealer sites, the sum of $68,912.65 for each of said
parcel sites numbered 7, 8, 9 and 10, as shown on the map
annexed to Exhibit "A", being the parcels in the Southeast
Industrial Park Project Area which are to be developed as auto
dealer sites, and the' same amount for each of two additional
sites for auto dealerships not located in the Southeast
Industrial Park Project Area.
3. The total amount of Agency participation shall not
exceed $1,200,000.
INITIALS A...
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