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HomeMy WebLinkAboutR28-Economic Development Agency " -- . . . ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ORIGiNAL FROM: Ann Hanis, Director Bus. Retention, Recruitment & Revitalization SUBJECT: AMENDMENT TO LOAN AGREEMENT FOR DAYCARE CENTER LOCATED AT 265 NORTH "D"STREET DATE: October 23,2000 .-----------.--.---------------------------.---------------------.--._._-------------------------------------------._------------------------------------------------.-- Svnopsis of Previous Commission/CounciUCommittee Action(s): On October 19, 2000, the Redevelopmeut Committee recommended that this item be sent to the Community Development Commission for approval. -----------------------------------------------------.----------------------------------------.---------------------------------------.------------- Recommended Motion(s): (Community Develooment Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE AMENDMENT NO. I TO THE LOAN AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE JORDAN AND HILDA GRINKER F AMIL Y TRUST AND SOUTHERN CALIFORNIA PRIVATE SCHOOLS AND CONSENTING TO ASSIGNMENT OF THE LOAN AGREEMENT TO HARRY WILLIAM PRUITT, SR. .----------------------.----------------.---------------------.---------------.-.---------------________________________________n________________..__________________. Contact Person(s): Gary Van OsdeUAnn Harris Project Area(s) Central City Phone: 663-1044 Ward(s): First Supporting Data Attached: lEI Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 LetterlMemo FUNDING REQUIREMENTS Amount $ 50,000 Source: GRA Funds SIGNATURE: Budget Authority: Yes ~L~ Bus. Retention, Recruitment & Revital. ~Wlt:::-~~--;;;;;;;;;L;l-- ---------_____________w____________w_________w________---___________________________________________________----------____________________w. GVO:AH:lag: 11-06-00 Day Care COMMISSION MEETING AGENDA Meeting Date: 11/06/2000 Agenda Item Number: It.:zf/ . ' , " ECONOMIC DEVELOPMENT AGENCY STAFF REPORT --------------------------------------------------------------------------------------------------------------------- Amendment to Loan Aereement for Daycare Center Located at 265 North "D" Street BACKGROUND In 1992, when the Super Block was being considered, the State began looking for a site and provider for a day care center. In June 1997, the State issued an RFQ and from that process awarded Phillip Cothran the contract to provide day care for the downtown workers. At that time, the State committed $300,000 in funding to equip the daycare facility. In June of 1997, the State began to look for a suitable site that would meet the their requirements as well as all the requirernents of the licensing agencies. In 1999 the State located an appropriate site at 265 North "D" Street and signed a lease with the property owner, Jordan Grinker. On July 1, 1999, the Community Developrnent Commission approved a Loan Agreement between the Redevelopment Agency and The Jordan and Hilda Grinker Trust pursuant to which the Agency agreed to make a $50,000 loan for the necessary day care center tenant improvements at the 265 North "D" Street site. The loan was secured by a trust deed and assignment of the lease with all documents agreed to and signed by both the property owner and the tenant. CURRENT ISSUE Recently, the property at 265 North "D" Street was sold by the Grinker Trust to a Mr. Harry William Pruitt, Sr. As new owner of the property, Mr. Pruitt has agreed to all the terms and conditions of the Loan Agreement for the day care center tenant irnprovements. Because the loan is structured as a reimbursable loan, no funds from the Agency Loan have been drawn at this time. The tenant improvements are near completion. An amendment to the Agreement is necessary to allow the assignment of the loan to the new owner, to authorize the Executive Director to sign such an assignment and to enable the new owner to draw down funds. FISCAL IMPACT No additional fiscal impact. The loan was previously approved by Commission. RECOMMENDATION TIW fu, ~~ity#=i~i~ 'dopt fu, "",""" ""ol"ti~. A~_ ."'0"' Rdro.... R,u"itm~' & R",;,.II...oo ---------~-------------------------~----------._-------------------------------------------------------------------------------------------- GVO:AH:lag: 11-06-00 Day Care COMMISSION MEETING AGENDA Meeting Date: 11/06/2000 Agenda Item Number: ~ 1 2 3 4 5 6 7 8 RESOLUTION NO. CDCj2000-39 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE AMENDMENT NO. 1 TO THE LOAN AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, THE JORDAN AND HILDA GRlNKER FAMILY TRUST AND SOUTHERN CALIFORNIA PRIVATE SCHOOLS AND CONSENTING TO ASSIGNMENT OF THE LOAN AGREEMENT TO HARRY WILLIAM PRUITT, SR. WHEREAS, the Community Development Commission of the City of San 9 Bernardino (the "Commission") is the governing body of the Redevelopment Agency of the City of 10 San Bernardino (the "Agency"), a public body corporate and politic, organized and existing pursuant 11 to the Community Redevelopment Law (California Health and Safety Code Section 33000, et sea.); 12 and 13 14 WHEREAS, the Agency and The Jordan and Hilda Grinker Family Trust' and 15 Southern California Private Schools, a California non-profit corporation (together, the "Borrower") 16 previously entered into that certain Loan Agreement dated as of July I, 1999 (the "Loan 17 Agreernent") pursuant to which the Agency is to make a loan in the amount of Fifty Thousand 18 Dollars ($50,000.00) (the "Loan") to the Borrower for Tenant Improvernents (as that term is defined 19 in the Loan Agreernent) to property located at 265 North "0" Street, San Bernardino, California (the 20 "Property"); and 21 22 WHEREAS, The Jordan and Hilda Grinker Family Trust was the owner of the 23 Property at the time the Loan Agreement was entered into but has subsequently sold the Property; 24 and 25 26 WHEREAS, the Property is now owned by Harry William Pruitt, Sr. (the "Property 27 Owner"); and 28 SBEO/0001/DOC/4190 10111/00 400 drh '. CDC/2000-39 1 WHEREAS, The Jordan and Hilda Grinker Family Trust desires to assign all of its 2 right, title and interest in and to the Loan Agreement to the Property Owner; and 3 4 WHEREAS, the Property Owner is willing to assume the duties, responsibilities and 5 obligations of The Jordan and Hilda Grinker Family Trust under the Loan Agreement, including but 6 not lirnited to applying the proceeds of the Loan solely to effecting the Tenant Improvements and 7 repaying the Loan in accordance with the terms set forth in Section 4 of the Loan Agreement and 8 in the Promissory Note dated July 1, 1999 evidencing the Loan (the "Promissory Note"), which 9 Promissory Note has been assumed by the Property Owner pursuant to that certain Assumption of 10 Debt dated September 26, 2000; and 11 12 13 14 15 WHEREAS, in order for The Jordan and Hilda Grinker Family Trust to assign its 16 right, title and interest in and to the Loan Agreement to the Property Owner and to provide for the 17 assumption of the responsibilities, duties and obligations of The Jordan and Hilda Grinker Family 18 Trust by the Property Owner, the Agency and the Borrower desire to amend the Loan Agreement 19 to provide for the proposed assignment and enter into that certain Amendment No. I to the Loan 20 Agreement attached hereto and incorporated herein by this reference as Exhibit "A" ("Arnendment WHEREAS, Section 9 of the Loan Agreement provides that the Borrower is not entitled to, and shall not, assign its rights and obligations under the Loan Agreement; and 21 No.1"). 22 23 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION 24 ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN 25 BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 26 27 28 SBEO/000IIDOC/4190 10/11/00 400 drh CDC/2000-39 1 Section 1. The Commission hereby approves Amendment No.1 attached hereto 2 as Exhibit "A". 3 4 Section 2. The Executive Director of the Agency is hereby authorized to execute 5 Amendrnent No. I on behalf of the Agency in substantially the form attached hereto, together with 6 such changes therein as may be approved by the Executive Director and Agency Special Counsel. 7 The Executive Director or such other designated representative of the Agency is further authorized 8 to do any and all things and take any and all actions as rnay be deemed necessary or advisable to 9 effectuate the purposes of Amendrnent No.1. JO 11 Section 3. The Executive Director of the Agency is hereby authorized to execute 12 a consentto an assignment of the Loan Agreernent from The Jordan and Hilda Grinker Family Trust 13 to the Property Owner, in such form as rnay be approved by the Executive Director and Agency 14 Special Counsel. 15 I I I 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 25 26 27 28 SBEO/OOO I/DOC/4190 10/11100400 drh CDCj2000-39 1 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE 2 DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE AMENDMENT NO. 1 TO THE LOAN AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF 3 THE CITY OF SAN BERNARDINO, THE JORDAN AND HILDA GRINKER FAMILY TRUST AND SOUTHERN CALIFORNIA PRIVATE SCHOOLS AND CONSENTING TO 4 ASSIGNMENT OF THE LOAN AGREEMENT TO HARRY WILLIAM PRUITT, SR. 5 Section 4. This Resolution shall become effective immediately upon its adoption. 6 7 8 9 10 11 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community Development Commission of the City of San Bernardino at a Joint Regular meeting thereof, held on the 6th day of November , 2000, by the following vote, to wit: Commission AYES 12 ESTRADA X LIEN X 13 MCGINNIS X SCHNETZ 14 SUAREZ X ANDERSON x 15 McCAMMACK X 16 NAYS ABSTAIN ABSENT X November ,2000. 17 18 19 20 21 22 23 By: 24 25 26 27 28 The foregoing Resolution is here SBEOI000l/DOC/4190 10/11100400 drh ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): / /- b -Do Vote: A/eS~r; &, 7 Nays Change to motion to amend original documents: Item #4..2-1 ..J/::: 'I Abstain Resolution # .I L!1)(J/2.0CJ 0 -~ .e- Abs/nt -e- . Reso. # On Attachments: Contract term: NullNoid After: Date Sent to Mayor: 11- 'if ,.. tJ 0 Date of Clerk's Signature: - Date Returned from Mayor: 11- [( -ocJ Reso. Log Updated: t./ Date of Mayor's Signature: 11- f -()i) Seal Impressed: - Date Memo Sent to Department for Signature: / I -0 -oD See Attached: /Date Returned: 1/- tj-oo Date Letter Sent to Outside Party for Signature: ~Reminder Letter Sent on~y: ~.. '", -0 I 90 Day Reminder Letter Sent on 45th day: See Attached: Date Returned: See Attached: ,/ See Attached: Note on Resolution of Attachment stored separately: _ Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date: See Attached: Yes V" No By_ Yes No .r By_ - Yes No~ By_ Yes No~ By_ Yes No V By_ Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney Parks & Rec. Code Compliance Dev. Services EDA Finance MIS Police Public Services Water Others: Notes: BEFORE FILING REVIEW FORM TO ENSURE ANY NOTAT S MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: _ Date: CITY OF SAN BERNARDINO CITY CLERK'S OFFICE Interoffice Memorandum DATE: November 8,2000 TO: Lisa Gornez FROM: Linda Sutherland RE: Transmitting Docurnents for Signature Attached are the following original documents: Resolution CDC/2000-38 including Agreement Resolution CDC/2000-39 including Agreement Resolution CDC/2000-40 including Agreement Please obtain signatures where indicated. Please return to the City Clerk's Office as soon as possible to my attention. I will forward to you a file copy when fully executed. If you have any questions, please do not hesitate to contact me at ext. 3205. Thank you. Rachel Clark City Clerk By: Linda Sutherland I hereby acknowledge receipt of the above rnentioned documents. Date: . CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: March 6, 2001 TO: Stephanie Jefferson, Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution CDC/2000-39 - Amendment No. 1 to Loan Agreement, Daycare Center at 265 N. D Street Our office has not received the signed documents referenced above. If the documents have been signed, please forward them to the City Clerk's Office; otherwise, please advise rne of their status. If you have any questions, please call me at ext. 3206. .~