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HomeMy WebLinkAbout01-Redevelopment AgencyRedevelopment Agency City of San Bernardino 300 North "D" Street, Fourth Floor • San Bernardino, California 92418 (714) 384-5081 FAX (714) 888-9413 OCTOBER 4, 1989 Stevee H. Dukett Executive Director ARROWHEAD HEALTH CARE SYSTEM - AMENDED DDA Pride ~ to Progress Synopsis of Previous Commission/Council/Committee Action: 09/21/89 The Committee reviewed the item and recommended approval. Recommended Motion: (MAYOR AND COMMON COUNCIL) A> To adopt a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. B> To set a joint public hearing at 9:00 a.m. on October 16, 1989 for the purpose of considering a TEFRA Resolution. (COMMUNITY DEVELOPMENT COMMISSION) C> To approve execution of a Second Amendment to the Disposition and Development Agreement with Arrowhead Health Care System, Inc. D> To authorize the execution of a Cooperative Agreement between the City of San Bernardino and the Community Development Commission of the City of San Bernardino. E> To set a joint public hearing at 9:00 a.m. on October 16, 1989 for the purpose of considering a TEFRA Resolution. Respectfully Submitted, ~ - ; ~, C '~-rv ,;J --~. ~ es Robbins, Acting Executive Director upporting data attached: YES FUNDING REQUIREMENTS: $380,000 Commission Notes: ra: Project: NW EJ:sm:2391H Agenda of: October 5, 1989 Item No. ~~ Redevelopment Agency S T A F F R E P O R T This is to request that the Commission approve a Second Amendment to the Disposition and Development Agreement (DDA) with Arrowhead Health Care System, Inc., as well as to approve a cooperative agreement under which the Agency will pay $380,000 on behalf of Arrowhead Health Care and to set a public hearing for a TEFRA resolution authorizing issuance of refinancing bonds for the hospital. BACKGROUND On November 20, 1986, the Redevelopment Agency entered into a DDA with San Bernardino Community Hospital, which was amended on May 2, 1988. It provided that the Agency would sell a 5.31 acre site to Community Hospital who would develop an 80-100,000 square foot medical office building. As escrow did not close by September 1, 1988, the project has been in technical default. The primary reason for the default is that Arrowhead Health Care had considerable difficulty obtaining financing and a developer to develop the site. In February, 1989 Arrowhead Health Care System, Inc. (the successor to Community Hospital) requested that the Agreement be again amended to show a new time schedule and to show Arrowhead Health Care System Inc. as the contracting corporation instead of San Bernardino Community Hospital. Arrowhead also requested that the City issue bonds to refinance their existing debt as a result of the currently favorable interest rates. Finally, Arrowhead requested that the Agency reimburse them for the cost of the 1% issuer's fee associated with the refinancing. PROPOSED AMENDMENT Over the past several weeks there has been a series of meetings between Agency staff and Arrowhead Health Care representatives. The following issues have been resolved and are in the proposed amendment: * The site will be conveyed immediately although development is not ready to proceed because financing and development permits are not in place; The Agreement will not allow encumbrances of the site until Arrowhead Health Care has an irrevocable construction loan commitment; * If the project does not go forward Arrowhead Health Care has the option to return the property or purchase at its full market value; EJ:sm:2391H 2 Redevelopment Agency * Arrowhead will be reimbursed for the cost of the land from tax increment produced by the project; * Arrowhead Health Care must build a minimum of 50,000 square feet in two stories with a value of at least $5,000,000; * Construction is to start no later than twelve (12> months after conveyance of title and is to be completed no later than eighteen (18> months after commencement of construction; and * Agency will reimburse Arrowhead Health Care System, Inc., their actual cost of the 1~ issuer's fee associated with the refinancing of the Community Hospital Bonds in accordance with the cooperative agreement between the Agency and the City of San Bernardino (fee estimated to be $380,000>. In order to accomplish the refinancing for the hospital, it will be necessary to set a public hearing and adopt a TEFRA resolution for issuance of the bonds. Arrowhead's legal counsel, Orrick Herrington & Sutcliff, has advertised the public hearing for 9:00 a.m. on October 16, 1989. RECOMMENDATION: On October 2, 1989, Agency staff and Arrowhead Health Care completed discussions on the amendment and we expect to receive the executed document from Arrowhead prior to this meeting. Special Counsel and General Counsel have both reviewed the amendment. It is therefore recommended that subject to receiving a signed copy from Arrowhead, the Commission approve a Second Amendment to the Disposition and Development Agreement (DDA> with Arrowhead Health Care System, Inc., as well as approve a cooperative agreement with the City and set a public hearing for the TEFRA resolution. EJ:sm:2391H 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City an Agreement between the City of San Bernardino and the Community Development Commission of the City of San Bernardino, which agreement is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of 1989, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk / / / / / / DAB/ses October 2, 1989 1 1 2 3 4 5 6 7~ 8~1 I 91 10 11 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. The foregoing resolution is hereby approved this day of 1989. Approved as to form and legal content: JAMES F. PENMAN, City Attorney By DAB/ses October 2, 1989 W.R. Holcomb, Mayor City of San Bernardino 2 )X TELECOPIER 295 ; ??-??-??;?? ??; ITT G3 ~ 1 ~, - U c} - G ~ 1 V :J f 1-ilVl ~ ;~, i L ~ 11 1V C VV f ~ ~ ~ 4 D C C1 ~- 11 L~ H COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSZON OF THE CITY OF SAN HERNARDINO THIS COOPERATIVE AGREEMENT (the "Agreement^) is hereby made and entered into as of 1989, by and between the CITY OF SAN BERNARDINO (the "City") and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO (the "Agency"). RECITALS A. WHEREAS, the City has issued the City of San Bernardino Hospital Reserve Bonds (San Bernardino Community Hospital) Series 1985A in the principal amount of Thirty-Eight Million Dollars (38,000,000); and S. WHEREAS, there is an issuer's fee due to the City of one percent (lac) of the principal amount (the "Issuer's Fee") or Three Hundred Eighty Thousand Dollars ($380,000); and C. WHEREAS, there are presently available to the Agency funds generated by the Northwest Redevelopment Project Area (the "Project Area") which the Agency is willing to use to pay the Issuer's Fee to the City on the basis set forth in Section 2 of this Agreement. NOW, THEREFORE, the City and Agency agree as follow: i. The Agency agrees to pay the Issuer's Fee of Three Hundred Eighty Thousand Dollars ($380,000) to the City. 2. The City shall, in consideration of such payment, be obligated to devote the funds paid by the Agency pursuant to the preceding paragraph to expenditures within or of benefit to the Northwest Redevelopment Project Area that would be expenditures which the Agency could lawfully make pursuant to Section 33445 of the California Health & Safety Code. 3. There shall be no third party beneficiaries to this Agreement. 4. This Agreement shall be effective as of the day and date first above shown. CITY OF SAN BERNARDINO Dated: By: Mayor ATTEST: By: City Clerk 09/28/89 6606n/2601/008 - 2 - APPROVED AS TO FORM AND CONTENT FOR THE CITY By : ~- ~-,~-~-. ty Attorney Dated: APPROVED AS TO FORM AND FOR THE AG CY Agency Counsel THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO By: Executive Director 09/28/89 6606n/2601/008 - 3 - ~1~'. 1ll~ - IPM47CA 4-0081905278 10/05/89 ICS IPMRNCZ CSP 9162592182 FRB TDRN LAKE ALAMOR CA 24 10-05 1O4OA EST PMS SAN BERNARDINO CITY COUNCIL, DLR ATTN PHIL ARVIZO, DLR ASAP 299 NORTH D ST SAN BERNARDINO CA 92401 I HEREBY WAIVE NOTICE OF SPECIAL MEETING OF MAYOR AND COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION TO BE HELD AT 4 PM OCTOBER 5, 1989. NORINE MILLER, SAN BERNARDIIVO CITY COUNCILWOMAN 1043 EST ~ ~~ ~ ~-'~ \. ~ rr) ~y " X ,~-~ ~ _ , - • ~ 1989 OCT -5 A~1 9~ 38 hl ~Y ~ MYP I I _I~CIV~'f t 1 U~ ~" o' ~ arm r 441 I I u~~ ununnrncn ~ v r r ~~ly N~lr ~ ~ ' ~~l M AKC~ ~.~1 .,.. ,J A... _ . "_~_ . ~ ~.st„w ~9~ ~tK d r41~, ~~ ~~~ ~Z~.~ ~~ ~- /~ legislators go whenthey leave office? HYP~TT REGENCY~'~ SACRAMENTO DATE : ~~ "'C Tp: FAX#: FRbM: FAX#: TI1+~: ~ . /~ t~S5A6E: ~PA6ES ARE IN TRA~tSMISSIQK, INCLUDING COYER PAGE. IF ALL PAGES ARE ~tOT RECEIYED, PLEASE CALL (9I6}443-1234, EXTEKSIpH_____ Tb REQUEST RETRANSMISSIb~I. vvnere ao NOTICE OF SPECIAL MEETING OF THE COMMUNITY DEVELOPMENT COMMISSION Of THE CITY Of SRN BERNARIDNO, CALIFORNIA October 5, 1989 NOTICE IS HEREBY GIVEN that Chairman W. R. "Bob" Holcomb, does hereby call a Special Meeting of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino, California for 4:00 p.m., Thursday, October 5, 1989. -Said meeting will be held in the .~ Redevelopment Agency Conference Room, Fourth Floor, City Hall, 300 North "D" Street, San Bernardino, California. The purpose for which this meeting has been called is to discuss the following: (MAYOR AND COMMON COUNCIL) A) To adopt a RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN ;~' BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. B> To set a joint public hearing at 9:00 a.m. on October 16, 1989 for the purpose of considering a TEFRA Resolution. tCOMMUNITY DEVELOPMENT COMMISSION) C> To approve execution of a Second Amendment to the Disposition and Development Agreement with Arrowhead Health Care System, Inc. D) To authorize the execution of a Cooperative Agreement between the City of San Bernardino and the Community Development Commission of the City of San Bernardino. E) To set a joint public hearing at 9:00 a.m. on October 16, 1989 for the purpose of considering a TEFRA Resolution. ARLENE S.ERMAN Assistant Secretary to the Community Development Commission. 1860R/mv 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE .AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY 'DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City an Agreement between the City of San Bernardino and the Community Development Commission of the City of San Bernardino, which agreement is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above- '.referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of 1989, by the following vote, to wit: AYES: Council Members __ '~ NAYS: ABSENT: Citv Clerk / / / / / / DAB/ses October 2, 1989 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ~, 17 I' 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO. The foregoing resolution is hereby approved this day of 1989. W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By ~ DAB/ses October 2, 1989 2 COOPERATIVE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO t r ~; THIS COOPERATIVE AGREEMENT (the "Agreement") is hereby made and entered into as of 1989, by and between the CITY OF SAN BERNARDINO (the "City") and the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO (the "Agency"). RECITALS A. WHEREAS, the City has issued the City of San Bernardino Hospital Reserve Bonds (San Bernardino Community Hospital) Series 1985A in the principal amount of Three Hundred Eighty Million Dollars ($380,000,000); and B. WHEREAS, there is an issuer's fee due to the City of one percent (1$) of the principal amount (the "Issuer's Fee") or Three Hundred Eighty Thousand Dollars ($380,000); and C. WHEREAS, there are presently available to the Agency funds generated by the Northwest Redevelopment Project Area (the "Project Area") which the Agency is willing to use to pay the Issuer's Fee to the City on the basis set forth in Section 2 of this Agreement. NOW, THEREFORE, the City and Agency agree as follow: 1. The Agency agrees to pay the Issuer's Fee of Three Hundred Eighty Thousand Dollars ($380,000) to the City. 2. The City shall, in consideration of such payment, be obligated to devote the funds paid by the Agency pursuant to the preceding paragraph to expenditures within or of benefit to the Northwest Redevelopment Project Area that would be expenditures which the Agency could lawfully make pursuant to Section 33445 of the California Health & Safety Code. 3. There shall be no third party beneficiaries to this Agreement. 4. This Agreement shall be effective as of the day and date first above shown. Dated: ATTEST: By: City Clerk CITY OF SAN BERNARDINO By: Mayor 09/28/89 6606n/2601/008 - 2 - APPROVED AS TO FORM AND CONTENT FOR THE CITY ty Attorney Dated: APPROVED AS TO FORM AND NT FOR THE AG CY , ~- ~ ~c-L_ Agency Counse THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO By: Executive Director 09/28/89 6606n/2601/008 - 3 -